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HomeMy WebLinkAbout06-12-2024 PC Agenda Packet Planning Commission AGENDA Wednesday, June 12, 2024, 6:00 p.m. Council Chambers, 990 Palm Street, San Luis Obispo The Planning Commission holds in-person meetings. Zoom participation will not be supported at this time. Planning Commission meetings can be viewed remotely on Channel 20 and the City’s YouTube Channel: http://youtube.slo.city INSTRUCTIONS FOR PUBLIC COMMENT: Public Comment prior to the meeting (must be received 3 hours in advance of the meeting): Mail - Delivered by the U.S. Postal Service. Address letters to the City Clerk's Office at 990 Palm Street, San Luis Obispo, California, 93401. Email - Submit Public Comments via email to advisorybodies@slocity.org. In the body of your email, please include the date of the meeting and the item number (if applicable). Emails will not be read aloud during the meeting. Voicemail - Call (805) 781-7164 and leave a voicemail. Please state and spell your name, the agenda item number you are calling about, and leave your comment. Verbal comments must be limited to 3 minutes. Voicemails will not be played during the meeting. *All correspondence will be archived and distributed to members, however, submissions received after the deadline may not be processed until the following day. Public Comment during the meeting: Meetings are held in-person. To provide public comment during the meeting, you must be present at the meeting location. Electronic Visual Aid Presentation. To conform with the City's Network Access and Use Policy, Chapter 1.3.8 of the Council Policies & Procedures Manual, members of the public who desire to utilize electronic visual aids to supplement their oral presentation are encouraged to provide display-ready material to the City Clerk by 12:00 p.m. on the day of the meeting. Contact the City Clerk's Office at cityclerk@slocity.org or (805) 781-7114. Pages 1.CALL TO ORDER Chair Cooley will call the Regular Meeting of the Planning Commission to order. 2.PUBLIC COMMENT FOR ITEMS NOT ON THE AGENDA At this time, people may address the Commission about items not on the agenda. Comments are limited to three minutes per person. Items raised at this time are generally referred to staff and, if action by the Commission is necessary, may be scheduled for a future meeting. 3.CONSENT Matters appearing on the Consent Calendar are expected to be non- controversial and will be acted upon at one time. A member of the public may request the Planning Commission to pull an item for discussion. The public may comment on any and all items on the Consent Agenda within the three-minute time limit. 3.a CONSIDERATION OF MINUTES - MAY 8, 2024 PLANNING COMMISSION MINUTES 5 Recommendation: To approve the Planning Commission Minutes of May 8, 2024. 4.PUBLIC HEARINGS Note: Any court challenge to the action taken on public hearing items on this agenda may be limited to considering only those issues raised at the public hearing or in written correspondence delivered to the City of San Luis Obispo at, or prior to, the public hearing. If you wish to speak, please give your name and address for the record. Please limit your comments to three minutes; consultant and project presentations limited to six minutes. 4.a REVIEW CONDITIONAL USE PERMIT (USE-0331-2023) TO ESTABLISH A FRATERNITY FOR UP TO 24 RESIDENTS, INCLUDING A REQUEST TO PROVIDE TWO (2) PARKING SPACES IN TANDEM ON AN EXISTING DRIVEWAY; THE PROJECT IS EXEMPT FROM ENVIRONMENTAL REVIEW 9 Recommendation: Adopt the Draft Resolution approving the project, based on findings and subject to conditions of approval. The project is categorically exempt from environmental review under Section 15301 (Existing Facilities) of the California Environmental Quality Act (CEQA) Guidelines. 4.b REVIEW OF A TEXT AMENDMENT TO THE ZONING REGULATIONS TO ADD SINGLE-FAMILY AND MULTI-FAMILY USES AS CONDITIONALLY ALLOWED WITH APPROVAL OF A MINOR USE PERMIT IN THE NEIGHBORHOOD COMMERCIAL (C-N) ZONE; THE PROJECT IS EXEMPT FROM ENVIRONMENTAL REVIEW 35 Recommendation: Recommend the City Council introduce and adopt an Ordinance revising Table 2-1 (Uses Allowed by Zone) in Title 17 (Zoning Regulations) to add single-family and multi-family uses as conditionally allowed with approval of a Minor Use Permit in the Neighborhood Commercial (C-N) Zone. The project is exempt from environmental review under Section 15301(b)(3) (General Rule Exemption) of the California Environmental Quality Act (CEQA) Guidelines. 5.COMMENT AND DISCUSSION 5.a STAFF UPDATES AND AGENDA FORECAST Receive a brief update from Deputy Community Development Director Tyler Corey. 6.ADJOURNMENT The next Regular Meeting of the Planning Commission is scheduled for June 26, 2024 at 6:00 p.m. in the Council Chambers at City Hall, 990 Palm Street, San Luis Obispo. LISTENING ASSISTIVE DEVICES for the hearing impaired--see the Clerk The City of San Luis Obispo wishes to make all of its public meetings accessible to the public. Upon request, this agenda will be made available in appropriate alternative formats to persons with disabilities. Any person with a disability who requires a modification or accommodation in order to participate in a meeting should direct such request to the City Clerk’s Office at (805) 781-7114 at least 48 hours before the meeting, if possible. Telecommunications Device for the Deaf (805) 781-7410. Planning Commission meetings are televised live on Charter Channel 20 and on the City's YouTube Channel: www.youtube.com/CityofSanLuisObispo. Agenda related writings or documents provided to the Planning Commission are available for public inspection on the City’s website: https://www.slocity.org/government/mayor-and-city-council/agendas-and- minutes. 1 Planning Commission Minutes May 8, 2024, 6:00 p.m. Council Chambers, 990 Palm Street, San Luis Obispo Planning Commissioners Present: Commissioner Sheryl Flores, Commissioner Dave Houghton, Commissioner Bob Jorgensen, Commissioner Steve Kahn, Commissioner Eric Tolle, Vice Chair Justin Cooley, Chair Juan Munoz-Morris City Staff Present: Community Development Director Timmi Tway, Deputy Community Development Director Tyler Corey, Contract Attorney Chelsea O’Sullivan, Megan Wilbanks, Deputy City Clerk _____________________________________________________________________ 1. CALL TO ORDER A Regular Meeting of the San Luis Obispo Planning Commission was called to order on May 8, 2024 at 6:00 p.m. in the Council Chambers at City Hall, 990 Palm Street, San Luis Obispo, by Chair Munoz-Morris. 2. OATH OF OFFICE Deputy City Clerk Megan Wilbanks administered the Oath of Office to Sheryl Flores. *Chair Munoz-Morris reordered the agenda to move Item 3 after Consent Item 5b. 4. PUBLIC COMMENT FOR ITEMS NOT ON THE AGENDA Public Comment: None --End of Public Comment-- 5. CONSENT 5.a CONSIDERATION OF MINUTES - MARCH 13, 2024 PLANNING COMMISSION MINUTES Motion By Vice Chair Cooley Second By Commissioner Jorgensen To approve the Planning Commission Minutes of March 13, 2024. Page 5 of 61 2 Ayes (6): Commissioner Houghton, Commissioner Jorgensen, Commissioner Kahn, Commissioner Tolle, Vice Chair Cooley, and Chair Munoz-Morris Abstained (1): Commissioner Flores CARRIED (6 to 0) 5.b 1463 BISHOP STREET (GENP-0175-2024) GENERAL PLAN CONFORMITY REPORT FOR THE PURPOSES OF DEVELOPING INTERIM AND SUPPORTIVE HOUSING Commissioner Flores declared a conflict on this item and recused due to her real property interest that is close to the project site. Housing Policy & Programs Manager Teresa McClish and Homelessness Response Manager Daisy Wiberg presented the staff report and responded to Commission inquiries. The Applicant's representative, Linda Belch, Project Manager, provided a brief overview of the project and responded to questions raised. Chair Munoz-Morris opened the Public Hearing Public Comment: Natalie Tartaglia Steve Barash Christopher Schneider Dan O'Hare Jessica Goswick Kimmie Nguyen Sylvia Drucker Linda Belch Cindy Blum Stefan Tallee Homan Kion Deborah Cleere Joe Boud Alyssa Grant Robbins Bob Townsend --End of Public Comment-- Chair Munoz-Morris closed Public Comment Motion By Commissioner Jorgensen Second By Vice Chair Cooley Adopt the Draft Resolution, which determines that the proposed San Luis Obispo County’s action on the subject property to authorize and/or construct public buildings or structures for the purposes of developing interim and supportive housing conforms to the City’s General Plan. Page 6 of 61 2 “A RESOLUTION OF THE CITY OF SAN LUIS OBISPO PLANNING COMMISSION DETERMINING GENERAL PLAN CONFORMANCE FOR THE GENERAL PLAN CONFORMITY REPORT FOR THE PURPOSES OF DEVELOPING INTERIM AND SUPPORTIVE HOUSING; AS REPRESENTED IN THE STAFF REPORT AND ATTACHMENTS DATED MAY 8, 2024 (1463 BISHOP STREET, GENP-0175-2024)” Ayes (6): Commissioner Houghton, Commissioner Jorgensen, Commissioner Kahn, Commissioner Tolle, Vice Chair Cooley, and Chair Munoz-Morris Recused (1): Commissioner Flores CARRIED (6 to 0) After a 5-minute break, Commissioner Flores returned to the dais. 3. ELECTION OF CHAIR AND VICE CHAIR As required by the Planning Commission Bylaws, the Commission elected the following members to serve as Chair and Vice Chair: Motion By Commissioner Jorgensen Second By Commissioner Houghton Elect Commissioner Justin Cooley to the position of Chair for a one-year term. Ayes (7): Commissioner Flores, Commissioner Houghton, Commissioner Jorgensen, Commissioner Kahn, Commissioner Tolle, Vice Chair Cooley, and Chair Munoz-Morris CARRIED (7 to 0) Motion By Commissioner Jorgensen Second By Vice Chair Cooley Elect Commissioner Dave Houghton to the position of Vice Chair for a one-year term. Ayes (7): Commissioner Flores, Commissioner Houghton, Commissioner Jorgensen, Commissioner Kahn, Commissioner Tolle, Vice Chair Cooley, and Chair Munoz-Morris CARRIED (7 to 0) Page 7 of 61 3 6. COMMENT AND DISCUSSION 6.a STAFF UPDATES AND AGENDA FORECAST Deputy Community Development Director Tyler Corey provided the following update of upcoming projects:  The May 22, 2024 Planning Commission will be cancelled due to lack of items.  Tentatively scheduled for the June 12, 2024 meeting, is review of a Use Permit at 1264 Foothill Boulevard and review of proposed amendments to the Zoning Regulations.  Tentatively scheduled for the June 26, 2024 meeting, is review of the design of a commercial building at 10 Higuera Street and review of an Appeal of the Community Development Director's decision to deny a Homestay Permit at 1137 Peach Street. 7. ADJOURNMENT The meeting was adjourned at 8:11 p.m. T he next Regular Meeting of the Planning Commission is scheduled for June 12, 2024 at 6:00 p.m. in the Council Chambers at City Hall, 990 Palm Street, San Luis Obispo. The Regular Meeting of May 22, 2024 will be cancelled. _________________________ APPROVED BY PLANNING COMMISSION: XX/XX/2024 Page 8 of 61 PLANNING COMMISSION AGENDA REPORT SUBJECT: REQUEST FOR A CONDITIONAL USE PERMIT TO ESTABLISH A FRATERNITY FOR UP TO 24 RESIDENTS, INCLUDING A REQUEST TO PROVIDE TWO (2) PARKING SPACES IN TANDEM ON AN EXISTING DRIVEWAY ALONG EAST FOOTHILL. THE PROJECT IS EXEMPT FROM ENVIRONMENTAL REVIEW. PROJECT ADDRESSES: 1264 and 1264 ½ East Foothill Boulevard; 1241, 1243, 1249, and 1251 Monte Vista Place FILE NUMBER: USE-0331-2023 BY: Hannah Hanh, Associate Planner Phone Number: (805) 781-7432 Email: hhanh@slocity.org FROM: Tyler Corey, Deputy Director RECOMMENDATION Adopt the Draft Resolution approving the project, based on findings and subject to conditions of approval. The project is categorically exempt from environmental review under Section 15301 (Existing Facilities) of the California Environmental Quality Act (CEQA) Guidelines. SITE DATA Applicant Zone General Plan Land Use Site Area Environmental Determination Lambda Chi Alpha High-Density Residential (R-4) High Density Residential (HDR) Approximately 0.58 acre Categorically exempt from environmental review under CEQA Guidelines Section 15301 (Existing Facilities) SUMMARY Lambda Chi Alpha (Applicant) has applied for a Conditional Use Permit to esta blish a fraternity for up to 24 residents at 1264 and 1264 ½ East Foothill Boulevard, and 1241, 1243, 1249, and 1251 Monte Vista Place. The site is an approximate 0.58 -acre through lot that contains four (4), separate residential buildings with a total of six (6) units and has street access from both East Foothill Boulevard and Monte Vista Place. The project includes a request to allow tandem parking for two (2) spaces on the west driveway along Meeting Date: 6/12/2024 Item Number: 4a Time Estimate: 45 minutes Figure 1 – Project Site Page 9 of 61 Item 4a USE-0331-2023 Planning Commission Report – June 12, 2024 East Foothill Boulevard. Minor site improvements (e.g., parking area restriping, installation of wheel stops, etc.) would be required to accommodate the fraternity on the property. 1.0 PLANNING COMMISSION’S PURVIEW The Planning Commission’s role is to review the project for consistency with the General Plan, Zoning Regulations, and applicable City development standards and regulations. Per Table 2-1 (Uses Allowed by Zone), establishment of a fraternity requires approval of a Conditional Use Permit in the R-4 zone. 2.0 PROJECT INFORMATION 2.1 Site Statistics Present Development and Uses Developed property with six (6) residential units and site improvements, including access, parking, and landscaping Topography Minor upwards slope from East Foothill Boulevard and gradual level towards Monte Vista Place Access East Foothill Boulevard; Monte Vista Place Surrounding Zones and Uses North: R-4 zone / fraternity/sorority, multi-family residences, Cal Poly SLO South: R-4 zone / multi-family residences East: R-4 zone / fraternity/sorority, multi-family residences West: R-4 zone / multi-family residences 2.2 Prior Fraternity Use On October 10, 2001, the Planning Commission reviewed and approved a Use Permit (U 86-01) to establish a different fraternity (Phi Delta Theta) at 1264 and 1264 ½ East Foothill Boulevard. Approval of this fraternity was limited to use of the three -bedroom and one- bedroom units, located towards East Foothill Boulevard, for a maximum of four (4) residents. This Use Permit (U 86-01) expired in 2021 due to inactivity. 2.3 Project Description The Applicant is requesting a Conditional Use Permit to establish a fraternity (Lambda Chi Alpha) for up to 24 residents at 1264 and 1264 ½ East Foothill Boulevard, and 1241, 1243, 1249, and 1251 Monte Vista Place (Attachment B – Project Description, Attachment C – Project Plans). The site contains a total of six (6) units, which consists of a three - bedroom unit and one-bedroom unit on the East Foothill Boulevard side and two (2) duplexes (one- and three-bedroom units) on the Monte Vista side. 3.0 PROJECT ANALYSIS Approval of a Conditional Use Permit to establish a fraternity is subject to requirements outlined in Section 17.110.060 (Minor Use Permits and Conditional Use Permits – Criteria for Approval), Section 17.110.070 (Minor Use Permits and Conditional Use Permits – Required Findings), and Section 17.86.130(B) (Fraternities and Sororities – Required Page 10 of 61 Item 4a USE-0331-2023 Planning Commission Report – June 12, 2024 Findings) for consistency with the General Plan and Zoning Regulations and for compatibility of the proposed fraternity with existing and future land uses in the vicinity. Staff has evaluated the project against applicable policies and standards and found it to be in compliance as discussed in the following analysis. 3.1 Consistency with the General Plan The project site is located in the High Density Residential (HDR) land use designation, which the Land Use Element (LUE) describes as primarily intended for attached dwellings (Table 1 – General Plan Land Use Designations). Allowable uses within this land use designation include a range of multi-family dwellings, single-family attached dwellings, and public and quasi-public uses. In addition, LUE Policy 2.6.5 (Fraternities & Sororities) and Housing Element Policy 8.5 (Special Housing Needs) state that fraternities and sororities should be limited to Medium-High and High-Density residential areas near Cal Poly campus if locations on campus cannot be provided. As proposed, the project would be consistent with the land use designation and preceding policies by establishing a fraternity in a High-Density residential property located within 0.25-mile of the Cal Poly campus. 3.2 Consistency with the Zoning Regulations The project site is located in the High-Density Residential (R-4) zone, which Chapter 17.22 (R-4 Zone) describes as intended for attached dense housing that would be close to concentrations of employment and college enrollment. Fraternity Use Per Table 2-1 (Uses Allowed by Zone), the establishment of a fraternity requires approval of a Conditional Use Permit in the R-4 zone. The standard conditions, detailed in Section 17.86.130(A) (Fraternities and Sororities – Applicability), shall apply as follows:  Number of Residents – Occupancy shall be limited to not more than one (1) resident per 60 square feet of building area. The landlord shall allow the City to verify occupancy by allowing an inspection of the records or a visual inspection of the premises. Any inspection shall be at a reasonable time and shall be preceded by a 24-hour notice to the residents. The project site contains four (4), separate buildings (cumulative 5,778 square foot of building area) that provide a total of six (6) units, as described below: - 1264 East Foothill (Building A; three-bedroom unit): 1,237 square foot - 1264 ½ East Foothill (Building B; one-bedroom unit): 853 square foot - 1249 and 1251 Monte Vista (Building C; one- and three-bedroom units): 1,844 square foot duplex - 1241 and 1243 Monte Vista (Building D; one- and three-bedroom units): 1,844 square foot duplex Page 11 of 61 Item 4a USE-0331-2023 Planning Commission Report – June 12, 2024 As proposed, the fraternity shall be limited to a maximum of 24 residents (approximately 240 square feet per resident) for the property because it is anticipated that each bedroom would provide for two (2) re sidents. The property owner shall also allow the City to verify occupancy by allowing an inspection of records or visual inspection of the premises at a reasonable time with at least 24 - hour notice to the residents (Condition No. 4).  Routine Gatherings – The maximum number of persons allowed on site for routine meetings and gatherings shall not exceed the limit established by the applicable Conditional Use Permit. Per Table 4 (Residential Population Assumptions) of the LUE, the HDR land use designation, which corresponds to the R-4 zone, has an average population density of 55 people per acre. The project site is approximately 0.58-acre in size, which results in an average of 32 people (rounded up from 31.9) for the property. Prior approvals of Conditional Use Permits to establish fraternities/sororities have limited the number of people onsite for routine meetings and gatherings to 1.5 times the number of average population density, which takes into consideration the number of residents, areas inside the buildings, and number of parking spaces available in the vicinity. As such, routine meetings and gatherings for the fraternity shall be limited to a maximum of 48 people (32 people x 1.5). If the fraternity hosts special events involving more than 48 people, a transportation management plan shall be submitted to the Community Development Department, at least 30 days prior to the event taking place, for review and approval (Condition No. 5).  University Affiliation – The fraternity or sorority shall remain affiliated and in good standing with the Interfraternity Council of Student Life and Leadership at California Polytechnic University, San Luis Obispo. If the fraternity or sorority becomes unaffiliated or no longer held in good standing with California Polytechnic University, the Conditional Use Permit shall be revoked. For the life of the organization, the fraternity shall remain affiliated and in good standing with the Interfraternity Council of Student Life and Leadership at California Polytechnic University, San Luis Obispo. If the fraternity becomes unaffiliated or is no longer in good standing, the Conditional Use Permit shall be revoked (Condition No. 6).  Contact Information – The landlord shall provide names and telephone numbers of responsible persons to the Community Development Department and Neighborhood Services Manager of the Police Department on an annual basis. Responsible persons shall be available during all events and at reasonable hours to receive and handle complaints. For the life of the organization, the fraternity shall provide the name and contact information (i.e., phone number and email address) of all responsible parties to the Community Development Department and Neighborhood Services Manager of the Page 12 of 61 Item 4a USE-0331-2023 Planning Commission Report – June 12, 2024 Police Department on an annual basis. If there is a change to the name and/or contact information of any responsible parties, the Community Development Department and Neighborhood Services Manager shall be notified immediately (Condition No. 7). Parking Requirements Per Table 3-4 (Parking Requirements by Use), a fraternity is required to provide one (1) space per 1.5 occupants or 1.5 spaces per bedroom, whichever is greater. The project would house a maximum of 24 residents on a property that includes a total of 12 bedrooms. As proposed, the fraternity is required to provide 18 parking spaces based on the greater of the following calculations: Occupants: one (1) space x (24 / 1.5) occupants = 16 spa ces Bedrooms: 1.5 spaces x 12 bedrooms = 18 spaces The existing parking layout, specifically the surface spaces accessed via East Foothill and located in tandem to the garages on Monte Vista, does not comply with the City’s Parking and Driveway Standards. As such, minor site improvements are conditioned to revise the parking layout and provide 18 spaces that would comply with the City’s parking standards (Conditions No. 9, 14, and 15). Key revisions to the parking layout (Attachment C – Sheet T1.1 of Project Plans) are as follows:  Restripe to facilitate seven (7) surface spaces (labeled as Spaces No. 10 through 16) accessed via East Foothill;  Remove one (1) garage space in Building B to accommodate the restriped surface spaces; o Note – The area adjacent to the parking space within this proposed one-car garage is permitted as storage (Condition No. 13).  Establish two (2) spaces in tandem on the west driveway along East Foothill;  Remove six (6) non-compliant diagonal spaces located in tandem to the garages on Monte Vista; and  Establish four (4) parallel surface spaces (labeled as Spaces No. 1 through 4) adjacent to the landscaping. As part of the application, tandem parking is requested per Section 17.72.090(C)(1) (Tandem Parking – Residential Uses) to provide flexibility for the site and facilitate the project. Two (2) parking spaces (labeled as Spaces No. 17 and 18) are proposed in tandem on the west driveway along East Foothill Boulevard. It is noted that vehicles (in Spaces No. 9 through 17) may enter and exit using the east dri veway, even if access is blocked on the west driveway because of a parked vehicle. Therefore, the two (2) tandem spaces would have little to no impact on overall vehicle maneuverability for this side of the property. Page 13 of 61 Item 4a USE-0331-2023 Planning Commission Report – June 12, 2024 4.0 ENVIRONMENTAL REVIEW The project is exempt from environmental review under Section 15301 (Existing Facilities) of the CEQA Guidelines because it includes the operation, maintenance, permitting, licensing, and minor alteration of an existing residential development. The fratern ity would continue the residential use with minor site improvements related to parking (e.g., parking space restriping, installation of wheel stops, etc.). The project does not include construction of a new building or additional building square footage. Therefore, the project involves no expansion of the former residential use. 5.0 OTHER DEPARTMENT / DIVISION REVIEW The project has been reviewed by the Engineering Division, Building Division, and Fire Department. Any conditions of approval or informational notes from these departments and divisions have been incorporated into the Draft Resolution (Attachment A) for project approval. 6.0 ALTERNATIVES 1. Continue project. An action to continue the item should include a detailed list of additional information or analysis required to make a decision. 2. Deny the project. An action denying the project should include findings that cite the basis for denial and should reference inconsistency with the General Plan, Zoning Regulations, or other policy documents. 7.0 ATTACHMENTS A - Draft Resolution (USE-0331-2023) B - Project Description C - Project Plans Page 14 of 61 RESOLUTION NO. PC-XXXX-24 A RESOLUTION OF THE CITY OF SAN LUIS OBISPO PLANNING COMMISSION APPROVING A CONDITIONAL USE PERMIT TO ESTABLISH A FRATERNITY AT 1264 AND 1264 ½ EAST FOOTHILL BOULEVARD AND 1241, 1243, 1249, AND 1251 MONTE VISTA PLACE. THE PROJECT INCLUDES A REQUEST TO PROVIDE TWO (2) PARKING SPACES IN TANDEM ON AN EXISTING DRIVEWAY ALONG EAST FOOTHILL BOULEVARD. THE PROJECT IS EXEMPT FROM ENVIRONMENTAL REVIEW UNDER SECTION 15301 (EXISTING FACILITIES) OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) GUIDELINES AS REPRESENTED IN THE STAFF REPORT AND ATTACHMENTS DATED JUNE 12, 2024 (USE-0331-2023) 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, on June 12, 2024, for the review of a Conditional Use Permit to establish a fraternity at 1264 and 1264 ½ East Foothill Boulevard and 1241, 1243, 1249, and 1251 Monte Vista Place, pursuant to a proceeding instituted under USE-0331-2023; Lambda Chi Alpha, applicant; and WHEREAS, the Planning Commission of the City of San Luis Obispo has duly considered all evidence, including recommendations by staff, presented at said hearing; and WHEREAS, notices of said public hearings were made at the time and in the manner required by law; and NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of San Luis Obispo as follows: SECTION 1. Findings. The Planning Commission hereby grants final approval for the project (USE-0331-2023), based on the following findings: Conditional Use Permit / Fraternity Use 1. The project is consistent with the General Plan because the proposed fraternity is an allowable use as dense group housing in the High Density Residential (HDR) land use designation. In addition, the project would facilitate Land Use Element Policy 2.6.5 and Housing Element Policy 8.6 by locating a fraternity in proximity to the Cal Poly SLO campus and other student-oriented uses and housing. 2. The proposed fraternity is conditionally allowed within the High-Density Residential (R-4) zone. As conditioned, the project complies with applicable provisions of the Zoning Regulations because (a) the maximum number of 24 residents complies with the group housing maximum occupancy limits and (b) the revised parking configuration would provide 18 required spaces for 24 residents and comply with the City’s Parking and Driveway Standards to improve the property. Page 15 of 61 Resolution No. PC-XXXX-24 USE-0331-2023 1264 and 1264 ½ East Foothill; 1241, 1243, 1249, and 1251 Monte Vista Page 2 3. The design, location, size, and operating characteristics of the project will be compatible with the existing and future land uses in the vicinity because the proposed fraternity would (a) be established in proximity to other dense group housing (i.e., other fraternities, sororities, multi-family, etc.), (b) located within walking distance (i.e., less than 0.25-mile) of the Cal Poly campus, and (c) utilize an existing developed property with minor site improvements (i.e., parking and landscaping improvements). 4. The site is physically suitable in terms of (a) its design, location, shape, size, and operating characteristics of the project; (b) traffic generation and the provision of public and emergency vehicle (e.g., fire and medical) access; (c) Public protection services (e.g., fire protection, police protection, etc.); and (d) the provision of utilities (e.g., potable water, schools, solid waste collection and disposal, storm drainage, wastewater collection, treatment, and disposal, etc.). The project is surrounded by other developed properties with compatible dense housing uses, has access to the City’s circulation system, and would be served by City utilities . The project utilizes an existing developed property and does not include activities that would generate service or utility demands beyond those anticipated with uses permitted in the vicinity. 5. As conditioned, the project will not be detrimental to the health, safety, and welfare of persons living or working at the site or in the vicinity because conditions have been included that place limits on the number of persons allowed on site, restrict activities, provide adequate parking, and limit potential disturbances to neighboring properties. The project will be compatible with the existing site constraints and the character of the neighborhood. 6. As conditioned, the establishment and subsequent operation or conduct of the project will not, because of the circumstances and conditions applied in the particular case, be detrimental to the health, safety or welfare of the general public or persons residing or working in the neighborhood of the use, or be detrimental or injurious to property or improvements in the vicinity of the use because the project includes conditions that (a) place limits on the number of persons allowed on site, (b) restrict activities, (c) provide adequate parking, and (d) limit potential disturbances to neighboring properties. The project would be compatible with the existing site constraints and the character of the neighborhood. SECTION 2. Environmental Review. The project is exempt from environmental review under Section 15301 (Existing Facilities) of the CEQA Guidelines because it includes the operation, maintenance, permitting, licensing, and minor alteration of an existing residential development. The fraternity would continue the residential use with minor site improvements related to parking (e.g., parking space restriping, installation of wheel stops, etc.) and landscaping (e.g., pruning, maintenance, etc.). The project does not include construction of a new building or additional building square footage. Therefore, the project involves no expansion of the former residential use. Page 16 of 61 Resolution No. PC-XXXX-24 USE-0331-2023 1264 and 1264 ½ East Foothill; 1241, 1243, 1249, and 1251 Monte Vista Page 3 SECTION 3. Action. The Planning Commission hereby grants final approval to the project with incorporation of the following conditions: Planning Division – Community Development Department 1. Plans submitted for the building and/or site improvements permit(s) (i.e., parking lot improvements) shall be in substantial conformance with the project description and plans represented in the Staff Report dated June 12, 2024. 2. The Conditional Use Permit shall be reviewed by the Community Development Director for compliance with the conditions of approval, or to determine whether a modification of the Conditional Use Permit is necessary upon significant change to the project as represented in the Staff Report dated June 12, 2024, or in the event of a change in ownership which may result in deviation from the project description or approved plans. 3. The Conditional Use Permit shall be reviewed by the Planning Commission if the City receives substantiated written complaints from any citizen, Code Enforcement Officer, Fire Department or Police Department employee, which contains information and/or evidence supporting a conclusion that a violation of this Conditional Use Permit, or of City Ordinances, regulations, or Police Department resources (e.g., calls for service) applicable to the fraternity use has occurred. At the time of the Conditional Use Permit review, to ensure ongoing compatibility with nearby uses, the conditions of approval may be added, modified, and/or removed, or the Conditional Use Permit may be revoked. 4. The fraternity shall be limited to a maximum of 24 residents for the property. The property owner shall allow the City to verify the maximum occupancy by allowing an inspection of records or visual inspection of the premises. Any inspection shall be scheduled at a reasonable time with at least 24-hour notice to the residents. 5. Routine meetings and gatherings for the fraternity shall be limited to a maximum of 48 people (32 people x 1.5), except as otherwise approved by the Community Development Director for special events. If the fraternity hosts special events involving more than 48 people, a transportation management plan to reduce impacts to the surrounding neighborhood shall be submitted to the Community Development Department, at least 30 days prior to the event taking place, for review and approval. 6. For the life of the organization, the fraternity shall remain affiliated and in good standing with the Interfraternity Council of Student Life and Leadership at California Polytechnic University, San Luis Obispo. If the fraternity becomes unaffiliated or is no longer in good standing, the Conditional Use Permit shall be revoked. Page 17 of 61 Resolution No. PC-XXXX-24 USE-0331-2023 1264 and 1264 ½ East Foothill; 1241, 1243, 1249, and 1251 Monte Vista Page 4 7. For the life of the organization, the fraternity shall provide the name and contact information (i.e., phone number and email address) of all responsible parties to the Community Development Department and Neighborhood Services Manager of the Police Department on an annual basis. If there is a change to the name and/or contact information of any responsible parties, the Community Development Department and Neighborhood Services Manager shall be notified immediately. 8. For the life of the organization, the property shall be maintained in a clean and orderly manner. All landscaping shall be maintained (e.g., trimmed, pruned, replaced as needed, etc.) to the satisfaction of the Community Development Director. 9. A site improvement permit is required for parking area improvements to create a minimum of 18 parking spaces that comply with the City’s Parking and Driveway Standards (i.e., parking space and driveway dimensions, aisle widths, striping, wheel stops, etc.). These parking spaces shall be inspected to verify compliance with City standards prior to establishing the fraternity. 10. Bicycle parking spaces shall be provided as required per Table 3 -6 (Required Bicycle Parking) of the Zoning Regulations. For a total of 24 beds for the fraternity, the property owner and residents shall maintain a minimum of 18 long-term bicycle spaces and a minimum of six (6) short-term bicycle spaces. All required long-term bicycle parking shall be provided in an interior space, and required short-term bicycle spaces shall be consistent with the City Active Transportation Plan Design Guidelines and feature “hi-low style” campus racks (such as “Peak Racks”). These bicycle spaces shall be inspected to verify compliance with City standards prior to establishing the fraternity, to the satisfaction of the Public Works and Community Development Directors. 11. A minimum of 18 parking spaces shall be provided and maintained at all times. These spaces shall remain available to residents of the fraternity and not designated for any individuals not residing on the property. 12. A building permit is required for proposed signage identifying the fraternity house. Any signage must be consistent with Chapter 15.40 (Sign Regulations) of the Municipal Code and compatible with the existing neighborhood to the satisfaction of the Community Development Director. 13. As part of the parking area improvements, the existing two-car garage for 1264 ½ East Foothill (labeled as Building B on the project plans) shall be a one-car garage in order to accommodate the revised surface parking layout. The area adjacent to the parking space within the proposed one-car garage is permitted as storage. Further review shall be required if any improvements (e.g., change in use and/or new construction) are proposed for this area. Page 18 of 61 Resolution No. PC-XXXX-24 USE-0331-2023 1264 and 1264 ½ East Foothill; 1241, 1243, 1249, and 1251 Monte Vista Page 5 Engineering Division – Community Development / Public Works Departments 14. A building permit and/or site improvements permit is required for the proposed changes to establish the required parking spaces. Plans submitted for review shall show and note compliance with the City’s Parking and Driveway Standards. The plans shall show required dimensions and information for parking space, bay, aisle widths, striping, parallel space markings (i.e., T’s and L’s), and any existing or proposed wheel stops. 15. Plans submitted for review shall show and reference the floor plans for the existing garages to remain. The existing two-car garage proposed to accommodate only one car shall be included and noted on the plans. The plans shall clarify that garage door operation will not be affected by the proposed adjacent surface parking space. The plans shall clarify that the remaining garage space is to remain as garage storage/shop. Indemnification 16. The applicant shall defend, indemnify, and hold harmless the City and/or its agents, officers and employees from any claim, action or proceeding against the City and/or its agents, officers, or employees to attack, set aside, void or annul, the approval by the City of this project, and all actions relating thereto, including but not limited to environmental review (“Indemnified Claims”). The City shall promptly notify the applicant of any Indemnified Claim upon being presented with the Indemnified Claim and the City shall fully cooperate in the defense against an Indemnified Claim. On motion by __________, seconded by __________, and on the following roll call vote: AYES: NOES: RECUSED: ABSENT: The foregoing resolution was passed and adopted this 12th day of June 2024. ___________________ Tyler Corey, Secretary Planning Commission Page 19 of 61 Page 20 of 61 Lambda Chi Alpha - Phi Sigma Zeta 1264 East Foothill Blvd. San Luis Obispo, CA 93405 1 (925) 785-5278 Conditional Use Permit 1st June 2024 General Property Information Zoning: R-4 Total Square Footage: 4,100 sqft (4 Units) Attached are CAD drawings for the property with all the relevant measurements. Please note that the drawings are times 2 given that the duplexes are mirrors of each other. Parking Spaces: 19 total (6 front, 7 back, 6 garage) ATTACHMENT B Page 21 of 61 Description of Use The PSZ House Corporation acquired 1264 East Foothill Blvd. in March of 2022. PSZ House Corporation is a non-profit, tax-exempt corporation, recognized by the IRS as a 501(c)(3) charitable foundation. Its mission is to provide safe, clean, affordable student housing near the Cal Poly campus. They have owned student housing properties in the City of San Luis Obispo since 1980, the most recent at 1292 East Foothill Blvd. and just two parcels up from 1264 East Foothill Blvd. Lambda Chi Alpha – Phi Sigma Zeta resided at that property with a Conditional Use Permit with the City from 1998 to 2021 prior to the property being sold. Since the acquisition of 1264 East Foothill in March of 2022, PSZ House Corporation has renovated all four structures on the property, encompassing many areas, including but not limited to electrical upgrades, new roofing, plumbing enhancements, structural reinforcement, and new flooring throughout. Furthermore, the property has undergone extensive remodeling of six full kitchens and six full bathrooms and further upgrades to all appliances in each dwelling. After completing these renovations, the property’s resident capacity is 24 tenants comfortably spread across 12 bedrooms on the over half-acre parcel. These renovations were conducted to bring the property up to code and provide all residents with safe, suitable, and comfortable living conditions. 1264 East Foothill is also ideal from a parking perspective with 18 spaces total, nine outside spaces at the front of the property, four outside spaces in the back, and five garage spaces spread throughout the property. Given the well-known parking challenges for student housing projects along East Foothill Blvd., granting Lambda Chi Alpha a Conditional Use Permit will not further burden the neighborhood. In regards to noise, the structures of this property are far taller than our last property which will help tremendously with keeping noise down and not unnecessarily disturbing the neighborhood. Until March of 2022, the 1264 East Foothill property was owned by a Private Family Trust and was leased to Cal Poly’s Alpha Omicron Pi sorority for decades. During this time Alpha Omicron Pi held a Conditional Use Permit to operate as a fraternal organization with the City of San Luis Obispo. This property is surrounded by student and Greek-life housing with the Alpha Phi sorority next door. This specific area, steps from the Cal Poly campus, provides an ideal location for student housing with many Greek organizations that have Conditional Use Permits with the City. There is a sense of community for the students, promoting both community involvement and academic success. Since the expiration of our last Conditional Use Permit at 1292 East Foothill, the members of Lambda Chi Alpha have resided in 12-14 satellite properties in the neighborhood around Cal Poly’s campus. A Conditional Use Permit for Lambda Chi Alpha at 1264 East Foothill helps to ATTACHMENT B Page 22 of 61 concentrate fraternity activities in one primary location with living and outdoor spaces, unlike the typical single-family home rental properties. In summary, we propose the dedication of 1264 East Foothill Blvd. as a registered and permitted fraternity house that will provide a centralized, safe, and affordable base of operations for Lambda Chi Alpha and its members. With our chapter’s financial strength coupled with the financial standing of PSZ House Corporation, we are more than confident in our ability to enhance not only the property’s value but also the positive impact of the Chapter on the surrounding community. Description of Property While the Conditional Use Permit will be filed under the address 1264 East Foothill Blvd, there are in fact 4 different structures on the property with different addresses. All of them will be housing members of Lambda Chi Alpha - Phi Sigma Zeta. The structures consist of two duplexes, a single-bedroom side unit, and a three-bedroom unit at the front of the property. The addresses associated with the other structures are as follows: 1251 Monte Vista Pl., 1249 Monte Vista Pl., 1241 Monte Vista Pl., and 1243 Monte Vista Pl. Each duplex consists of three upstairs bedrooms (two singles and a double) and one downstairs double. The side unit will have one bedroom housing two residents and the front unit will have two singles and one double. This brings the total living space to 18 residents spread across 12 bedrooms on the property. Tentative Social Calendar ●October 15, 2024: Fall Rush House Tour ○Afternoon/evening ○100 people ○Indoors/Outdoors ●December 3, 2024: Fall Quarter Philanthropy ○Afternoon/evening ○100 attendees ○Outdoor ●January 18, 2025: Winter Rush House Tour ○Afternoon/evening ○100 attendees ○Indoors/Outdoors Point of Contact ATTACHMENT B Page 23 of 61 ●Thomas Symer ○(301) 529 - 4694 ○slolca.alpha@gmail.com ATTACHMENT B Page 24 of 61 ATTACHMENT C Page 25 of 61 (QODUJHG2YHUDOO6LWH3ODQ3URSRVHG3DUNLQJ3ODQ ATTACHMENT C Page 26 of 61 ATTACHMENT C Page 27 of 61 x xx x x xx x ATTACHMENT C Page 28 of 61 x x xx x x x ATTACHMENT C Page 29 of 61 ATTACHMENT C Page 30 of 61 xx x x xx x x ATTACHMENT C Page 31 of 61 ± ATTACHMENT C Page 32 of 61 ATTACHMENT C Page 33 of 61 ATTACHMENT C Page 34 of 61 PLANNING COMMISSION AGENDA REPORT SUBJECT: REVIEW OF A TEXT AMENDMENT TO THE ZONING REGULATIONS TO ADD SINGLE-FAMILY AND MULTI-FAMILY USES AS CONDITIONALLY ALLOWED WITH APPROVAL OF A MINOR USE PERMIT IN THE NEIGHBORHOOD COMMERCIAL (C-N) ZONE. THE PROJECT IS EXEMPT FROM ENVIRONMENTAL REVIEW. PROJECT ADDRESS: Citywide BY: Hannah Hanh, Associate Planner Phone Number: (805) 781-7432 FILE NUMBER: CODE-0224-2024 Email: hhanh@slocity.org FROM: Tyler Corey, Deputy Director RECOMMENDATION Recommend the City Council introduce and adopt an Ordinance revising Table 2 -1 (Uses Allowed by Zone) in Title 17 (Zoning Regulations) to add single -family and multi-family uses as conditionally allowed with approval of a Minor Use Permit in the Neighborhood Commercial (C-N) Zone. The project is exempt from environmental review under Section 15301(b)(3) (General Rule Exemption) of the California Environmental Quality Act (CEQA) Guidelines. SUMMARY On behalf of the City of San Luis Obispo (City), the Community Development Director (Director) has initiated a text amendment to Title 17 (Zoning Regulations) of the Municipal Code. To provide additional flexibility in the development potential and use of parcels in the C-N zone, the proposed text amendment includes a revision to Table 2-1 (Uses Allowed by Zone) to add “single-unit dwellings, detached” and “multi-unit residential” as conditionally allowed uses with approval of a Minor Use Permit in the C-N zone (Attachment A – Draft Planning Commission Resolution, Attachment B – Draft City Council Ordinance). There are no other revisions proposed as part of the application. 1.0 PLANNING COMMISSION’S PURVIEW Per Chapter 17.124 (Amendments – Zoning Regulations and Zoning Map), the Planning Commission’s role is to review the proposed text amendment for consistency with the City’s General Plan and State Law and provide a recommendation to the City Council. 2.0 PROJECT INFORMATION 2.1 Background Since at least 1981, single-family and multi-family uses were conditionally allowed uses with approval of a Minor Use Permit (i.e., Administrative Use Permit) in the C-N zone Meeting Date: 6/12/2024 Item Number: 4b Time Estimate: 45 minutes Page 35 of 61 Item 4b CODE-0224-2024 Planning Commission Report – June 12, 2024 (Ordinance No. 887 [1981 Series]). These uses were removed from the list of allowable uses for the C-N zone as part of the comprehensive update to Title 17 (Zoning Regulations) in 2018 (Ordinance No. 1650 [2018 Series]). It is not clear to staff if this change was intentional or an oversight as there was no specific discussion in the staff reports, presentations, or minutes from the public hearings regarding this amendment. As such, the current Zoning Regulations does not include “single-unit dwellings, detached” and “multi-unit residential” uses as allowable uses in the C-N zone (Figure 1 – Table 2- 1). Figure 1 – Table 2-1 (Uses Allowed by Zone) of the current Zoning Regulations 2.2 Public Interest / Proposed Text Amendment In response to public interest received to allow single-family and multi-family uses in the C-N zone, the Director has initiated a text amendment in accordance with Section 17.124.020(B) (Authority to Initiate an Amendment to the Zoning Regulations). The proposed amendment includes a minor revision to Table 2 -1 (Uses Allowed by Zone) to add “single-unit dwellings, detached” and “multi-unit residential” uses as conditionally allowed uses with approval of a Minor Use Permit (Figure 2 – Proposed Text Amendment). This amendment would be consistent with use regulations for the C-N zone prior to the comprehensive update in 2018. No other revisions are proposed as part of this application. Figure 2 – Proposed Text Amendment to Table 2-1 (Uses Allowed by Zone) Page 36 of 61 Item 4b CODE-0224-2024 Planning Commission Report – June 12, 2024 3.0 PROJECT ANALYSIS 3.1 Consistency with the General Plan The Neighborhood Commercial (NC) land use designation is intended for the provision of goods and services that meet the frequent shopping needs of people living nearby as described in the Land Use Element (LUE) (Table 1 – General Plan Land Use Designations and Development Standards in the LUCE Planning Sub-area). Listed examples of intended uses include small-scale grocery stores, laundromats, drugstore, small-scale specialty stores, residential uses as part of mixed-use projects, and public and quasi- public uses. It is noted that the examples provided do not reflect an exhaustive list of allowable uses as the intents of land use designations inform allowable uses in corresponding zones of the Zoning Regulations. Since the NC land use designation is intended for small-scale commercial uses that serve the daily needs of nearby residents, the proposed text amendment would not conflict with the intent of the land use designation and instead provide additional opportunities where residential uses can be allowed. To facilitate its intent, the NC land use designation is located in proximity or adjacent to residential land use designations (e.g., Low, Medium, Medium-High, and High Density Residential) as shown in the Land Use Map. As such, the amendment to add single- and multi-family uses to the list of allowable uses in the C- N zone would result in residential uses that are in proximity to other compatible residential and neighborhood serving commercial uses. 3.2 Consistency with the Zoning Regulations Per Chapter 17.26 (Neighborhood Commercial [C-N] Zone), the C-N zone is intended to accommodate the establishment and operation of small-scale, pedestrian-oriented, and low-impact retail sales and personal services for the convenience and frequent needs of people living in the surrounding residential areas. As shown in the Zoning Map, there is a limited number of parcels in the C-N zone throughout the City. These properties are developed with existing residential, personal service, restaurant, general retail, commercial recreation, etc. uses. They are primarily concentrated near and along the Broad Street corridor between Church Street and Alphonso Street wit h few exceptions (or outliners) at the following locations:  Broad Street and Lincoln Avenue intersection  California Boulevard between Hathway Avenue and Highway 101  Laurel Lane between Augusta Street and Southwood Drive There are also C-N zoned parcels located within the San Luis Ranch Specific Plan and Avila Ranch Development Plan areas. However, these properties are differently regulated by the applicable Specific Plan or Development Plan approval. After the comprehensive update to the Zoning Regulations in 2018, existing residences not part of mixed-use developments in the C-N zone became nonconforming uses. These Page 37 of 61 Item 4b CODE-0224-2024 Planning Commission Report – June 12, 2024 nonconforming residential uses are located primarily near and along Broad Street between Church Street and Alphonso Street, and have specific circumstances in which they may be continued and/or expanded as detailed in Chapter 17.94 (Nonconforming Uses). Since the list of allowable uses in the C-N zone includes a limited range of small- scale and low-impact commercial uses (e.g., food services, personal services, etc.) that are dependent on the surrounding residential areas, the amendment to add single-family and multi-family uses would provide additional flexibility in the development potential and use of these parcels. Additional development and use potential of this zone would be pertinent to consider because the procurement of daily goods and services have evolved with technology in recent decades to allow direct-to-door deliveries, etc. While residential uses can be achieved as part of a mixed-use development (allowed use in the C-N zone), most of the parcels in the C-N zone are fairly small in size, which could make it more difficult to satisfy development standards for a feasible mixed-use development. The amendment would also change existing nonconforming residential uses back to be conforming uses. As proposed, the amendment would result in single -family and multi- family uses that are in proximity to other compatible residential and neighbor serving commercial uses. 3.3 Consistency with the Major City Goals Housing & Homelessness was prioritized as a Major City Goal in the 2023-2025 Financial Plan to support the expansion of housing options and facilitate housing production. As proposed, the text amendment would advance this Major City Goal by providing additional opportunities where housing may be located within the City. 4.0 ENVIRONMENTAL REVIEW The text amendment is exempt under Section 15061(b)(3) of the CEQA Guidelines. This “Common Sense” exemption states that CEQA only applies to projects that have the potential for causing significant effect on the environment. Since the text amendment is a minor revision to Table 2-1 (Uses Allowed by Zone) in Title 17 (Zoning Regulations) that would conditionally allow residential uses with a Minor Use Permit in the C -N zone, the scope of this action is limited to a text amendment where subsequent single-family and multi-family residential development would be subject to discretionary review. Since these uses are subject to discretionary review, environmental review would be evaluated on a project-specific basis. It is also noted that there are existing single-family residences in some of the C-N zoned parcels. Therefore, there would not be additional environmental impacts for these parcels. 5.0 OTHER DEPARTMENT / DIVISION REVIEW If the proposed amendment is adopted, any subsequent single-family and multi-family residential development would be subject to discretionary review. Relevant departments and divisions would have the opportunity to review the proposed residential development as part of the Minor Use Permit application process. Page 38 of 61 Item 4b CODE-0224-2024 Planning Commission Report – June 12, 2024 6.0 ALTERNATIVES 1. Continue project. An action to continue the item should include a detailed list of additional information or analysis required to make a decision. 2. Deny the project. An action denying the project should include findings that cite the basis for denial and should reference inconsistency with the General Plan, Zoning Regulations, or other policy documents. 7.0 ATTACHMENTS A. Draft Planning Commission Resolution (CODE-0224-2024) B. Draft City Council Ordinance (CODE-0224-2024) Page 39 of 61 Page 40 of 61 RESOLUTION NO. PC-XXXX-24 A RESOLUTION OF THE CITY OF SAN LUIS OBISPO PLANNING COMMISSION RECOMMENDING THE CITY COUNCIL INTRODUCE AND ADOPT AN ORDINANCE AMENDING TABLE 2-1 (USES ALLOWED BY ZONE) IN TITLE 17 (ZONING REGULATIONS) OF THE MUNICIPAL CODE TO ADD SINGLE-FAMILY AND MULTI-FAMILY USES AS CONDITIONALLY ALLOWED WITH APPROVAL OF A MINOR USE PERMIT IN THE NEIGHBORHOOD COMMERCIAL (C-N) ZONE. THE PROJECT IS EXEMPT FROM ENVIRONMENTAL REVIEW (CEQA) AS REPRESENTED IN THE PLANNING COMMISSION AGENDA REPORT AND ATTACHMENTS DATED JUNE 12, 2024 (CITYWIDE; CODE-0224-2024) 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 June 12, 2024, for the purpose of recommending an amendment to Table 2-1 (Uses Allowed by Zone) of Title 17 (Zoning Regulations), pursuant to a proceeding under CODE-0224-2024; City of San Luis Obispo, applicant; and WHEREAS, notices of said public hearing were made at the time and in the manner required by the law; and WHEREAS, the Planning Commission has duly considered all evidence, including the testimony of interested parties and the evaluation and recommendations provided by staff, presented at said hearing. NOW, THEREFORE, BE IT RESOLVED, by the Planning Commission of the City of San Luis Obispo as follows: SECTION 1. Findings. Based upon all evidence, the Planning Commission makes the following findings: 1. The proposed amendment to Table 2-1 (Uses Allowed by Zone) in Title 17 (Zoning Regulations) of the Municipal Code to add single-family and multi-family residential uses as conditionally allowed uses with approval of a Minor Use Permit is consistent with the intent of the Neighborhood Commercial (NC) land use designation and purpose of the Neighborhood Commercial (C-N) zone. 2. The proposed amendment to Table 2-1 (Uses Allowed by Zone) in Title 17 (Zoning Regulations) of the Municipal Code to add single-family and multi-family residential uses as conditionally allowed uses with approval of a Minor Use Permit would not alter the character of the City or cause health safety or welfare concerns because the amendment is consistent with the General Plan. In addition, the amendment would directly implement City goals and policies, particularly the Major City Goal for Housing & Homelessness, to support the expansion of housing options and facilitate housing production. Page 41 of 61 Planning Commission Resolution No. PC-XXXX-2024 CODE-0224-2024 (Citywide) Page 2 3. Parcels located in the C-N zone include historical residential uses that are currently nonconforming. The proposed amendment would allow these residential uses to become conforming and facilitate additional opportunities for these uses to continue and expand. SECTION 2. Environmental Determination. The proposed amendment to Table 2-1 (Uses Allowed by Zone) of Title 17 (Zoning Regulations) has been assessed in accordance with the authority and criteria contained in the California Environmental Quality Act (CEQA), the CEQA Guidelines, and environmental regulations of the City. The amendment is exempt under Section 15061(b)(3) of the CEQA Guidelines. This “Common Sense” exemption states that CEQA only applies to projects that have the potential for causing significant effect on the environment. Since the text amendment is a minor revision that would conditionally allow residential uses with a Minor Use Permit in the C-N zone, the scope of this action is limited to a text amendment where subsequent single-family and multi-family residential development would be subject to discretionary review. Since these uses are subject to discretionary review, environmental review would be evaluated on a project-specific basis. It is also noted that there are existing single- family residences in some of the C-N zoned parcels. Therefore, there would not be additional environmental impacts for these parcels. SECTION 3. Action. The Planning Commission hereby recommends to the City Council the introduction and adoption of an ordinance to amend Table 2-1 (Uses Allowed by Zone) in Title 17 (Zoning Regulations) of the San Luis Obispo Municipal Code and add single-family and multi-family uses as conditionally allowed uses in the C-N zone as set forth in Exhibit A and incorporated herein. Upon motion of ______________________, seconded by __________________ and on the following roll call vote: AYES: NOES: ABSENT: The foregoing resolution was passed and adopted this 12th day of June 2024. __________________________ Tyler Corey, Secretary Planning Commission Page 42 of 61 Planning Commission Resolution No. PC-XXXX-2024 CODE-0224-2024 (Citywide) Page 3 EXHIBIT A Table 2-1: Uses Allowed By Zone Key: A = Allowed; MUP = Minor Use Permit approval required; CUP = Conditional Use Permit approval required M/A = Minor Use Permit approval required on ground floor along street frontage, allowed on second floor or above Land Use Permit Requirement by Zoning District Specific Use Regulations AG C/OS R-1 R-2 R-3 R-4 PF O C-N C-C C-R C-D C-T C-S M BP AGRICULTURE Agricultural Accessory Structure A A Animal Husbandry and Grazing A A Community Garden A MUP A A A A A Crop Production A A A MUP MUP Greenhouse/Plant Nursery, Commercial CUP CUP INDUSTRY, MANUFACTURING & PROCESSING, WHOLESALING Fuel Dealer (propane, etc) MUP A See also Sec. 17.74.060 Laboratory - Medical, Analytical, Research, Testing CUP A A A A See also Sec. 17.74.060 Manufacturing - Heavy CUP CUP See also Sec. 17.74.060 Manufacturing - Light A A A See also Sec. 17.74.060 Recycling Recycling - Collection Facility MUP MUP MUP A Recycling - Processing Facility MUP Research and Development A MUP A See also Sec. 17.74.060 Salvage and Wrecking MUP Warehousing, Storage, and Distribution Outdoor Storage MUP MUP Personal Storage A A Warehousing and Indoor Storage A A MUP Page 43 of 61 Planning Commission Resolution No. PC-XXXX-2024 CODE-0224-2024 (Citywide) Page 4 Table 2-1: Uses Allowed By Zone Key: A = Allowed; MUP = Minor Use Permit approval required; CUP = Conditional Use Permit approval required M/A = Minor Use Permit approval required on ground floor along street frontage, allowed on second floor or above Land Use Permit Requirement by Zoning District Specific Use Regulations AG C/OS R-1 R-2 R-3 R-4 PF O C-N C-C C-R C-D C-T C-S M BP Wholesaling and Distribution A A MUP LODGING Bed and Breakfast Establishment MUP CUP CUP A A A See Sec. 17.86.070 Homeless Shelter A A A A A A A A A A A A See Sec. 17.86.150 and GC Sec. 65583(a)(4) Hostel CUP CUP A A A Hotels and Motels A A A CUP CUP RV Parks CUP PUBLIC AND QUASI-PUBLIC USES Cultural Institutions CUP A A A CUP Hospitals and Clinics Clinic MUP MUP A MUP MUP MUP See Sec. 17.36.030.C and Sec. 17.42.030.A Hospital CUP CUP Park and Recreation Facilities A A A A A A A A A A A A A A Parks and Recreation Commission review required. Public Assembly Facilities CUP A MUP MUP M/A MUP CUP Religious Assembly Facilities CUP MUP MUP MUP MUP A MUP MUP A M/A MUP MUP MUP See 42 U.S.C. §§ 2000cc, et seq. Schools - Colleges CUP Schools - Primary and Secondary CUP CUP MUP MUP CUP CUP CUP MUP CUP See Sec. 17.86.240 Schools - Trade Schools CUP MUP CUP MUP MUP In the C-D zone, Trade Schools are not allowed on the ground floor. Sports and Entertainment Assembly Facility CUP CUP Page 44 of 61 Planning Commission Resolution No. PC-XXXX-2024 CODE-0224-2024 (Citywide) Page 5 Table 2-1: Uses Allowed By Zone Key: A = Allowed; MUP = Minor Use Permit approval required; CUP = Conditional Use Permit approval required M/A = Minor Use Permit approval required on ground floor along street frontage, allowed on second floor or above Land Use Permit Requirement by Zoning District Specific Use Regulations AG C/OS R-1 R-2 R-3 R-4 PF O C-N C-C C-R C-D C-T C-S M BP RESIDENTIAL USES General Residential Housing Types Single-Unit Dwellings, Detached A CUP A A A A A MUP Multi-Unit Residential A A A A MUP Boarding House CUP CUP MUP MUP Caretaker Quarters A A A A A A A A A A A A A A A MUP Continuing Care Community MUP MUP MUP MUP MUP MUP MUP Elderly and Long Term Care MUP MUP MUP M/A M/A MUP Family Day Care (Small and Large) A A A A A A A A A A A A A See Sec. 17.86.100 and H&SC 1597.40 Fraternities and Sororities CUP CUP Section 17.86.130 Hospice In-Patient Facility CUP CUP MUP CUP CUP MUP Mobile Home Park A A A A See GC Sec. 65852.7, 65863.7, 65863.8 Residential Care Facilities - 6 or Fewer Residents A A A A A A M/A M/A M/A MUP Multiple state statutes Residential Care Facilities - 7 or More Residents MUP MUP MUP MUP MUP MUP MUP Multiple state statutes Supportive and/or Transitional Housing, with On or Off-Site Services A A A A MUP A A A A A A A A See GC Sec. 65583(a)(5) Farmworker Housing A A MIXED USES Mixed-use Development A A A A A A A A See Sec. 17.70.130 Page 45 of 61 Planning Commission Resolution No. PC-XXXX-2024 CODE-0224-2024 (Citywide) Page 6 Table 2-1: Uses Allowed By Zone Key: A = Allowed; MUP = Minor Use Permit approval required; CUP = Conditional Use Permit approval required M/A = Minor Use Permit approval required on ground floor along street frontage, allowed on second floor or above Land Use Permit Requirement by Zoning District Specific Use Regulations AG C/OS R-1 R-2 R-3 R-4 PF O C-N C-C C-R C-D C-T C-S M BP COMMERCIAL USES Adult Entertainment Businesses A A See Sec. 17.86.030 and GC Section 65850.4 Animal Care, Sales and Services Animal Boarding/Kennels CUP MUP MUP Outdoor runs and kennel areas shall be allowed only in the C-S zone. See also Sec. 17.86.170. Animal Grooming A A A A A MUP Animal Retail Sales MUP A A A A Veterinary Services, Large Animal CUP MUP MUP Veterinary Services, Small Animal A A A A M/A A Banks and Financial Institutions ATMs A A A A A A A A A Banks and Credit Unions A A A A MUP MUP MUP See Sec. 17.36.030.B and Sec. 17.40.030.A Check Cashing Shops/Payday Loans MUP MUP Business Services A A A M/A A A A Cemetery CUP CUP CUP CUP CUP CUP CUP CUP CUP CUP Commercial Recreation - Large Scale CUP CUP CUP CUP CUP CUP CUP MUP See Sec. 17.36.030.D and Sec. 17.86.110 Commercial Recreation - Small Scale MUP MUP A A A A A A MUP Day Care Center MUP MUP MUP MUP MUP A A A A M/A MUP MUP MUP MUP See Sec. 17.86.100 Page 46 of 61 Planning Commission Resolution No. PC-XXXX-2024 CODE-0224-2024 (Citywide) Page 7 Table 2-1: Uses Allowed By Zone Key: A = Allowed; MUP = Minor Use Permit approval required; CUP = Conditional Use Permit approval required M/A = Minor Use Permit approval required on ground floor along street frontage, allowed on second floor or above Land Use Permit Requirement by Zoning District Specific Use Regulations AG C/OS R-1 R-2 R-3 R-4 PF O C-N C-C C-R C-D C-T C-S M BP Eating and Drinking Establishments Bars and Taverns MUP MUP MUP MUP MUP MUP See also Sec. 17.86.040 and Sec. 17.86.050 Restaurant A A A A A A MUP MUP Restaurant with Late Hour Alcohol Service MUP MUP MUP MUP MUP MUP MUP MUP See Sec. 17.86.040 and Sec. 17.86.050 Food and Beverage Sales General Market A A A A CUP See Sec. 17.26.030.B.1 Convenience Store MUP MUP MUP A A A A A MUP MUP MUP See Sec. 17.26.030.B.1 and Sec. 17.86.090 Produce Stand MUP MUP A A A A Liquor Store MUP MUP MUP MUP CUP See Sec. 17.26.030.B.2 and Sec. 17.86.040 Food Preparation A A A Funeral Parlors and Internment Services MUP MUP A MUP Instructional Services MUP CUP MUP M/A A M/A CUP A MUP Maintenance and Repair Services A A CUP Offices Business and Professional Offices MUP A A A M/A M/A MUP MUP In the C-S zone, a MUP is required for office uses on the ground floor. See also Sec. 17.36.030.B and Sec. 17.40.030.A. Medical and Dental Offices A A A M/A MUP MUP See Sec. 1736.030.C Personal Services A A A A MUP A MUP Page 47 of 61 Planning Commission Resolution No. PC-XXXX-2024 CODE-0224-2024 (Citywide) Page 8 Table 2-1: Uses Allowed By Zone Key: A = Allowed; MUP = Minor Use Permit approval required; CUP = Conditional Use Permit approval required M/A = Minor Use Permit approval required on ground floor along street frontage, allowed on second floor or above Land Use Permit Requirement by Zoning District Specific Use Regulations AG C/OS R-1 R-2 R-3 R-4 PF O C-N C-C C-R C-D C-T C-S M BP Retail Sales See Sec. 17.26.030.A, 17.30.030.A, 17.32.030, and 17.34.034.A and 17.36.030.A Building Materials and Services - Indoor A A A A A Building Materials and Services - Outdoor MUP A MUP A A Extended Hour Retail MUP MUP MUP MUP MUP MUP MUP MUP General Retail MUP A A A MUP MUP Large-Scale Retail CUP CUP CUP Nurseries and Garden Centers CUP A A Theaters CUP MUP MUP MUP MUP Only nonprofit theaters are allowed in the PF zone. See also Sec. 17.86.030. Vehicle Sales and Services Auto and Vehicle Sales and Rental MUP CUP A MUP Large Vehicle, Construction and Heavy Equipment Sales, Service, and Rental MUP A Service Stations MUP MUP MUP MUP A See Sec. 17.86.250, and Sec. 17.86.060. Vehicle Services - Major Repair/Body Work A A MUP Vehicle Services - Minor Repair/Maintenance CUP MUP A A MUP Vehicle Services - Washing MUP MUP CUP MUP MUP Page 48 of 61 Planning Commission Resolution No. PC-XXXX-2024 CODE-0224-2024 (Citywide) Page 9 Table 2-1: Uses Allowed By Zone Key: A = Allowed; MUP = Minor Use Permit approval required; CUP = Conditional Use Permit approval required M/A = Minor Use Permit approval required on ground floor along street frontage, allowed on second floor or above Land Use Permit Requirement by Zoning District Specific Use Regulations AG C/OS R-1 R-2 R-3 R-4 PF O C-N C-C C-R C-D C-T C-S M BP TRANSPORTATION, COMMUNICATIONS, & UTILITIES Airport CUP CUP CUP MUP Wireless Telecommunications Facilities MUP MUP MUP MUP MUP MUP MUP MUP MUP MUP MUP See Sec. 17.86.290, 47 USC Sec. 332(c)(7) of the Telecommunications Act, Pub. Util. Code Sec. 7901 et seq., GC Sec. 65850.6 Freight/Truck Terminals A A MUP Light Fleet-Based Services A MUP MUP Media Production Backlots and Soundstages MUP MUP MUP Broadcast Studios A A M/A A A A Heliport CUP CUP CUP CUP Parking Facilities CUP CUP CUP CUP CUP CUP See Sec. 17.86.200 Public Safety Facilities CUP CUP Transit Station or Terminal CUP CUP CUP MUP A Utilities Facilities Ground-mounted equipment in residential zones shall be screened by landscaping to the satisfaction of the Director. Facilities with Onsite Staff CUP CUP CUP CUP CUP CUP CUP CUP CUP CUP CUP CUP CUP CUP CUP CUP Facilities with No Onsite Staff (unmanned) MUP MUP MUP MUP MUP MUP MUP MUP MUP MUP MUP MUP MUP MUP MUP MUP Transmission Lines CUP CUP CUP CUP CUP CUP CUP CUP CUP CUP CUP CUP CUP CUP CUP CUP Page 49 of 61 Planning Commission Resolution No. PC-XXXX-2024 CODE-0224-2024 (Citywide) Page 10 Table 2-1: Uses Allowed By Zone Key: A = Allowed; MUP = Minor Use Permit approval required; CUP = Conditional Use Permit approval required M/A = Minor Use Permit approval required on ground floor along street frontage, allowed on second floor or above Land Use Permit Requirement by Zoning District Specific Use Regulations AG C/OS R-1 R-2 R-3 R-4 PF O C-N C-C C-R C-D C-T C-S M BP CANNABIS ACTIVITY Cannabis See Section 17.86.080 Specialty Cultivator MUP MUP MUP Small Cultivator MUP MUP MUP Nursery MUP MUP MUP Manufacturing MUP MUP MUP Distributor MUP MUP MUP Microbusiness CUP MUP/ CUP MUP/ CUP MUP/ CUP See Sec. 17.86.080(E)(12) for specific requirements per zone. Testing CUP A A A Director’s action required. See also Sec. 17.86.080(E)(9). Retailer (Delivery) MUP MUP MUP Retailer (Storefront) CUP CUP SPECIFIC AND TEMPORARY LAND USES Educational Conferences Housing MUP MUP MUP MUP Homestay Rentals See Sec. 17.86.160 Home Occupation See Sec. 17.86.140 Food Trucks See Sec. 17.86.120 Nightclubs and Live Entertainment MUP MUP MUP MUP MUP MUP Office - Temporary See Chapter 17.113 Outdoor Temporary and/or Seasonal Sales See Sec. 17.86.190 and Chapter 17.113 Parking Facility - Temporary CUP MUP MUP MUP MUP MUP MUP MUP MUP MUP See Chapter 17.113 Safe Parking CUP CUP CUP CUP CUP CUP CUP CUP CUP CUP CUP CUP CUP See Sec. 17.86.230 Special Event MUP MUP MUP MUP MUP MUP MUP MUP MUP See Chapter 17.113 Vending Machine See Section 17.86.280 Page 50 of 61 DRAFT O _____ ORDINANCE NO. _____ (2024 SERIES) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO, CALIFORNIA, APPROVING AN AMENDMENT TO TABLE 2-1 (USES ALLOWED BY ZONE) IN TITLE 17 (ZONING REGULATIONS) OF THE MUNICIPAL CODE WITH AN EXEMPTION FROM ENVIRONMENTAL REVIEW (CEQA) 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 June 12, 2024, for the purpose of recommending an amendment to Table 2-1 (Uses Allowed by Zone) in Title 17 (Zoning Regulations) of the Municipal Code, pursuant to a proceeding under CODE-0224-2024; City of San Luis Obispo, applicant; 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 ________, 2024, for the purpose of introducing an ordinance to amend Table 2-1 (Uses Allowed by Zone) in Title 17 (Zoning Regulations) of the Municipal Code, pursuant to a proceeding under CODE-0224-2024; City of San Luis Obispo, applicant; and WHEREAS, notices of said public hearing were made at the time and in the manner required by law; and WHEREAS, the City Council has duly considered all evidence, including the testimony of interested parties and the evaluation and recommendation by staff, presented at said hearing. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of San Luis Obispo as follows: SECTION 1. Findings. Based upon all the evidence, the City Council makes the following findings: 1. The proposed amendment to Table 2-1 (Uses Allowed by Zone) in Title 17 (Zoning Regulations) of the Municipal Code to add single-family and multi-family residential uses as conditionally allowed uses with approval of a Minor Use Permit is consistent with the intent of the Neighborhood Commercial (NC) land use designation and purpose of the Neighborhood Commercial (C-N) zone. 2. The proposed amendment to Table 2-1 (Uses Allowed by Zone) in Title 17 (Zoning Regulations) of the Municipal Code to add single-family and multi-family residential uses as conditionally allowed uses with approval of a Minor Use Permit would not alter the character of the City or cause health safety or welfare concerns because the amendment is consistent with the General Plan. In addition, the amendment would directly implement City goals and policies, particularly the Major City Goal for Housing & Homelessness, to support the expansion of housing options and facilitate housing production. Page 51 of 61 Ordinance No. ______ (2024 Series) Page 2 O ______ 3. Parcels located in the C-N zone include historical residential uses that are currently nonconforming. The proposed amendment would allow these residential uses to become conforming and facilitate additional opportunities for these uses to continue and expand. SECTION 2. Environmental Determination. The proposed amendment to Table 2-1 (Uses Allowed by Zone) of Title 17 (Zoning Regulations) has been assessed in accordance with the authority and criteria contained in the California Environmental Quality Act (CEQA), the CEQA Guidelines, and environmental regulations of the City. The amendment is exempt under Section 15061(b)(3) of the CEQA Guidelines. This “Common Sense” exemption states that CEQA only applies to projects that have the potential for causing significant effect on the environment. Since the text amendment is a minor revision that would conditionally allow residential uses with a Minor Use Permit in the C-N zone, the scope of this action is limited to a text amendment where subsequent single-family and multi-family residential development would be subject to discretionary review. Since these uses are subject to discretionary review, environmental review would be evaluated on a project-specific basis. It is also noted that there are existing single- family residences in some of the C-N zoned parcels. Therefore, there would not be additional environmental impacts for these parcels. SECTION 3. Action. The City Council hereby adopts an ordinance to amend Table 2-1 (Uses Allowed by Zone) in Title 17 (Zoning Regulations) of the San Luis Obispo Municipal Code and add single-family and multi-family uses as conditionally allowed uses in the C-N zone as set forth and incorporated herein. Page 52 of 61 Ordinance No. ______ (2024 Series) Page 3 O _____ Table 2-1: Uses Allowed By Zone Key: A = Allowed; MUP = Minor Use Permit approval required; CUP = Conditional Use Permit approval required M/A = Minor Use Permit approval required on ground floor along street frontage, allowed on second floor or above Land Use Permit Requirement by Zoning District Specific Use Regulations AG C/OS R-1 R-2 R-3 R-4 PF O C-N C-C C-R C-D C-T C-S M BP AGRICULTURE Agricultural Accessory Structure A A Animal Husbandry and Grazing A A Community Garden A MUP A A A A A Crop Production A A A MUP MUP Greenhouse/Plant Nursery, Commercial CUP CUP INDUSTRY, MANUFACTURING & PROCESSING, WHOLESALING Fuel Dealer (propane, etc) MUP A See also Sec. 17.74.060 Laboratory - Medical, Analytical, Research, Testing CUP A A A A See also Sec. 17.74.060 Manufacturing - Heavy CUP CUP See also Sec. 17.74.060 Manufacturing - Light A A A See also Sec. 17.74.060 Recycling Recycling - Collection Facility MUP MUP MUP A Recycling - Processing Facility MUP Research and Development A MUP A See also Sec. 17.74.060 Salvage and Wrecking MUP Warehousing, Storage, and Distribution Outdoor Storage MUP MUP Personal Storage A A Warehousing and Indoor Storage A A MUP Page 53 of 61 Ordinance No. ______ (2024 Series) Page 4 O ______ Table 2-1: Uses Allowed By Zone Key: A = Allowed; MUP = Minor Use Permit approval required; CUP = Conditional Use Permit approval required M/A = Minor Use Permit approval required on ground floor along street frontage, allowed on second floor or above Land Use Permit Requirement by Zoning District Specific Use Regulations AG C/OS R-1 R-2 R-3 R-4 PF O C-N C-C C-R C-D C-T C-S M BP Wholesaling and Distribution A A MUP LODGING Bed and Breakfast Establishment MUP CUP CUP A A A See Sec. 17.86.070 Homeless Shelter A A A A A A A A A A A A See Sec. 17.86.150 and GC Sec. 65583(a)(4) Hostel CUP CUP A A A Hotels and Motels A A A CUP CUP RV Parks CUP PUBLIC AND QUASI-PUBLIC USES Cultural Institutions CUP A A A CUP Hospitals and Clinics Clinic MUP MUP A MUP MUP MUP See Sec. 17.36.030.C and Sec. 17.42.030.A Hospital CUP CUP Park and Recreation Facilities A A A A A A A A A A A A A A Parks and Recreation Commission review required. Public Assembly Facilities CUP A MUP MUP M/A MUP CUP Religious Assembly Facilities CUP MUP MUP MUP MUP A MUP MUP A M/A MUP MUP MUP See 42 U.S.C. §§ 2000cc, et seq. Schools - Colleges CUP Schools - Primary and Secondary CUP CUP MUP MUP CUP CUP CUP MUP CUP See Sec. 17.86.240 Schools - Trade Schools CUP MUP CUP MUP MUP In the C-D zone, Trade Schools are not allowed on the ground floor. Sports and Entertainment Assembly Facility CUP CUP Page 54 of 61 Ordinance No. ______ (2024 Series) Page 5 O ______ Table 2-1: Uses Allowed By Zone Key: A = Allowed; MUP = Minor Use Permit approval required; CUP = Conditional Use Permit approval required M/A = Minor Use Permit approval required on ground floor along street frontage, allowed on second floor or above Land Use Permit Requirement by Zoning District Specific Use Regulations AG C/OS R-1 R-2 R-3 R-4 PF O C-N C-C C-R C-D C-T C-S M BP RESIDENTIAL USES General Residential Housing Types Single-Unit Dwellings, Detached A CUP A A A A A MUP Multi-Unit Residential A A A A MUP Boarding House CUP CUP MUP MUP Caretaker Quarters A A A A A A A A A A A A A A A MUP Continuing Care Community MUP MUP MUP MUP MUP MUP MUP Elderly and Long Term Care MUP MUP MUP M/A M/A MUP Family Day Care (Small and Large) A A A A A A A A A A A A A See Sec. 17.86.100 and H&SC 1597.40 Fraternities and Sororities CUP CUP Section 17.86.130 Hospice In-Patient Facility CUP CUP MUP CUP CUP MUP Mobile Home Park A A A A See GC Sec. 65852.7, 65863.7, 65863.8 Residential Care Facilities - 6 or Fewer Residents A A A A A A M/A M/A M/A MUP Multiple state statutes Residential Care Facilities - 7 or More Residents MUP MUP MUP MUP MUP MUP MUP Multiple state statutes Supportive and/or Transitional Housing, with On or Off-Site Services A A A A MUP A A A A A A A A See GC Sec. 65583(a)(5) Farmworker Housing A A MIXED USES Mixed-use Development A A A A A A A A See Sec. 17.70.130 Page 55 of 61 Ordinance No. ______ (2024 Series) Page 6 O ______ Table 2-1: Uses Allowed By Zone Key: A = Allowed; MUP = Minor Use Permit approval required; CUP = Conditional Use Permit approval required M/A = Minor Use Permit approval required on ground floor along street frontage, allowed on second floor or above Land Use Permit Requirement by Zoning District Specific Use Regulations AG C/OS R-1 R-2 R-3 R-4 PF O C-N C-C C-R C-D C-T C-S M BP COMMERCIAL USES Adult Entertainment Businesses A A See Sec. 17.86.030 and GC Section 65850.4 Animal Care, Sales and Services Animal Boarding/Kennels CUP MUP MUP Outdoor runs and kennel areas shall be allowed only in the C-S zone. See also Sec. 17.86.170. Animal Grooming A A A A A MUP Animal Retail Sales MUP A A A A Veterinary Services, Large Animal CUP MUP MUP Veterinary Services, Small Animal A A A A M/A A Banks and Financial Institutions ATMs A A A A A A A A A Banks and Credit Unions A A A A MUP MUP MUP See Sec. 17.36.030.B and Sec. 17.40.030.A Check Cashing Shops/Payday Loans MUP MUP Business Services A A A M/A A A A Cemetery CUP CUP CUP CUP CUP CUP CUP CUP CUP CUP Commercial Recreation - Large Scale CUP CUP CUP CUP CUP CUP CUP MUP See Sec. 17.36.030.D and Sec. 17.86.110 Commercial Recreation - Small Scale MUP MUP A A A A A A MUP Day Care Center MUP MUP MUP MUP MUP A A A A M/A MUP MUP MUP MUP See Sec. 17.86.100 Page 56 of 61 Ordinance No. ______ (2024 Series) Page 7 O ______ Table 2-1: Uses Allowed By Zone Key: A = Allowed; MUP = Minor Use Permit approval required; CUP = Conditional Use Permit approval required M/A = Minor Use Permit approval required on ground floor along street frontage, allowed on second floor or above Land Use Permit Requirement by Zoning District Specific Use Regulations AG C/OS R-1 R-2 R-3 R-4 PF O C-N C-C C-R C-D C-T C-S M BP Eating and Drinking Establishments Bars and Taverns MUP MUP MUP MUP MUP MUP See also Sec. 17.86.040 and Sec. 17.86.050 Restaurant A A A A A A MUP MUP Restaurant with Late Hour Alcohol Service MUP MUP MUP MUP MUP MUP MUP MUP See Sec. 17.86.040 and Sec. 17.86.050 Food and Beverage Sales General Market A A A A CUP See Sec. 17.26.030.B.1 Convenience Store MUP MUP MUP A A A A A MUP MUP MUP See Sec. 17.26.030.B.1 and Sec. 17.86.090 Produce Stand MUP MUP A A A A Liquor Store MUP MUP MUP MUP CUP See Sec. 17.26.030.B.2 and Sec. 17.86.040 Food Preparation A A A Funeral Parlors and Internment Services MUP MUP A MUP Instructional Services MUP CUP MUP M/A A M/A CUP A MUP Maintenance and Repair Services A A CUP Offices Business and Professional Offices MUP A A A M/A M/A MUP MUP In the C-S zone, a MUP is required for office uses on the ground floor. See also Sec. 17.36.030.B and Sec. 17.40.030.A. Medical and Dental Offices A A A M/A MUP MUP See Sec. 1736.030.C Personal Services A A A A MUP A MUP Page 57 of 61 Ordinance No. ______ (2024 Series) Page 8 O ______ Table 2-1: Uses Allowed By Zone Key: A = Allowed; MUP = Minor Use Permit approval required; CUP = Conditional Use Permit approval required M/A = Minor Use Permit approval required on ground floor along street frontage, allowed on second floor or above Land Use Permit Requirement by Zoning District Specific Use Regulations AG C/OS R-1 R-2 R-3 R-4 PF O C-N C-C C-R C-D C-T C-S M BP Retail Sales See Sec. 17.26.030.A, 17.30.030.A, 17.32.030, and 17.34.034.A and 17.36.030.A Building Materials and Services - Indoor A A A A A Building Materials and Services - Outdoor MUP A MUP A A Extended Hour Retail MUP MUP MUP MUP MUP MUP MUP MUP General Retail MUP A A A MUP MUP Large-Scale Retail CUP CUP CUP Nurseries and Garden Centers CUP A A Theaters CUP MUP MUP MUP MUP Only nonprofit theaters are allowed in the PF zone. See also Sec. 17.86.030. Vehicle Sales and Services Auto and Vehicle Sales and Rental MUP CUP A MUP Large Vehicle, Construction and Heavy Equipment Sales, Service, and Rental MUP A Service Stations MUP MUP MUP MUP A See Sec. 17.86.250, and Sec. 17.86.060. Vehicle Services - Major Repair/Body Work A A MUP Vehicle Services - Minor Repair/Maintenance CUP MUP A A MUP Vehicle Services - Washing MUP MUP CUP MUP MUP Page 58 of 61 Ordinance No. ______ (2024 Series) Page 9 O ______ Table 2-1: Uses Allowed By Zone Key: A = Allowed; MUP = Minor Use Permit approval required; CUP = Conditional Use Permit approval required M/A = Minor Use Permit approval required on ground floor along street frontage, allowed on second floor or above Land Use Permit Requirement by Zoning District Specific Use Regulations AG C/OS R-1 R-2 R-3 R-4 PF O C-N C-C C-R C-D C-T C-S M BP TRANSPORTATION, COMMUNICATIONS, & UTILITIES Airport CUP CUP CUP MUP Wireless Telecommunications Facilities MUP MUP MUP MUP MUP MUP MUP MUP MUP MUP MUP See Sec. 17.86.290, 47 USC Sec. 332(c)(7) of the Telecommunications Act, Pub. Util. Code Sec. 7901 et seq., GC Sec. 65850.6 Freight/Truck Terminals A A MUP Light Fleet-Based Services A MUP MUP Media Production Backlots and Soundstages MUP MUP MUP Broadcast Studios A A M/A A A A Heliport CUP CUP CUP CUP Parking Facilities CUP CUP CUP CUP CUP CUP See Sec. 17.86.200 Public Safety Facilities CUP CUP Transit Station or Terminal CUP CUP CUP MUP A Utilities Facilities Ground-mounted equipment in residential zones shall be screened by landscaping to the satisfaction of the Director. Facilities with Onsite Staff CUP CUP CUP CUP CUP CUP CUP CUP CUP CUP CUP CUP CUP CUP CUP CUP Facilities with No Onsite Staff (unmanned) MUP MUP MUP MUP MUP MUP MUP MUP MUP MUP MUP MUP MUP MUP MUP MUP Transmission Lines CUP CUP CUP CUP CUP CUP CUP CUP CUP CUP CUP CUP CUP CUP CUP CUP Page 59 of 61 Ordinance No. ______ (2024 Series) Page 10 O ______ Table 2-1: Uses Allowed By Zone Key: A = Allowed; MUP = Minor Use Permit approval required; CUP = Conditional Use Permit approval required M/A = Minor Use Permit approval required on ground floor along street frontage, allowed on second floor or above Land Use Permit Requirement by Zoning District Specific Use Regulations AG C/OS R-1 R-2 R-3 R-4 PF O C-N C-C C-R C-D C-T C-S M BP CANNABIS ACTIVITY Cannabis See Section 17.86.080 Specialty Cultivator MUP MUP MUP Small Cultivator MUP MUP MUP Nursery MUP MUP MUP Manufacturing MUP MUP MUP Distributor MUP MUP MUP Microbusiness CUP MUP/ CUP MUP/ CUP MUP/ CUP See Sec. 17.86.080(E)(12) for specific requirements per zone. Testing CUP A A A Director’s action required. See also Sec. 17.86.080(E)(9). Retailer (Delivery) MUP MUP MUP Retailer (Storefront) CUP CUP SPECIFIC AND TEMPORARY LAND USES Educational Conferences Housing MUP MUP MUP MUP Homestay Rentals See Sec. 17.86.160 Home Occupation See Sec. 17.86.140 Food Trucks See Sec. 17.86.120 Nightclubs and Live Entertainment MUP MUP MUP MUP MUP MUP Office - Temporary See Chapter 17.113 Outdoor Temporary and/or Seasonal Sales See Sec. 17.86.190 and Chapter 17.113 Parking Facility - Temporary CUP MUP MUP MUP MUP MUP MUP MUP MUP MUP See Chapter 17.113 Safe Parking CUP CUP CUP CUP CUP CUP CUP CUP CUP CUP CUP CUP CUP See Sec. 17.86.230 Special Event MUP MUP MUP MUP MUP MUP MUP MUP MUP See Chapter 17.113 Vending Machine See Section 17.86.280 Page 60 of 61 Ordinance No. ______ (2024 Series) Page 12 O _____ SECTION 4. 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 New Times, a newspaper published and circulated in this City. The Ordinance shall be effective thirty (30) days after its final passage. INTRODUCED on the ___ day of _________, 2024, AND FINALLY ADOPTED by the Council of the City of San Luis Obispo on the ___ day of ________, 2024, on the following vote: AYES: NOES: ABSENT: __________________________ Mayor Erica A. Stewart ATTEST: _________________________ Teresa Purrington, City Clerk APPROVED AS TO FORM: __________________________ J. Christine Dietrick, City Attorney IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Luis Obispo, California, on ______________________. __________________________ Teresa Purrington, City Clerk Page 61 of 61