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HomeMy WebLinkAboutItem 6c. Introduce an Ordinance amending Title 17 (Zoning Regulations) approving text amendment to C-N zone to allow single- and multi-family residential with minor use permit (CODE-0224-2024) Item 6c Department: Community Development Cost Center: 4008 For Agenda of: 8/20/2024 Placement: Public Hearing Estimated Time: 30 minutes FROM: Timmi Tway, Community Development Director Prepared By: Hannah Hanh, Associate Planner SUBJECT: INTRODUCE AN ORDINANCE TO AMEND TITLE 17 (ZONING REGULATIONS) OF THE MUNICIPAL CODE TO ADD RESIDENTIAL USES AS CONDITIONALLY ALLOWED WITH APPROVAL OF A MINOR USE PERMIT IN THE NEIGHBORHOOD COMMERCIAL (C-N) ZONE (CODE-0224-2024) RECOMMENDATION Introduce a Draft Ordinance entitled, “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) (CODE-0224-2024).” REPORT-IN-BRIEF 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 Neighborhood Commercial (C-N) Zone, the proposed text amendment includes a minor 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 Ordinance). There are no other revisions proposed as part of this application. POLICY CONTEXT Per Chapter 17.124 (Amendments – Zoning Regulations and Zoning Map), the City Council may review the proposed text amendment, including the Planning Commission’s recommendation, and take action based on consistency with the General Plan and State Law. Background Per Chapter 17.26 (Neighborhood Commercial [C-N] Zone) of the Zoning Regulations, 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 Page 387 of 403 Item 6c convenience and frequent needs of people living in the surrounding residential areas . 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 (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 do not include “single-unit dwellings, detached” and “multi-unit residential” uses as allowable uses in the C-N Zone (Figure 1 – Current Zoning Regulations). Figure 1 – Table 2-1 (Uses Allowed by Zone) of the current Zoning Regulations 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. There are no other revisions proposed as part of this application. Figure 2 – Proposed Text Amendment to Table 2-1 (Uses Allowed by Zone) Page 388 of 403 Item 6c PROJECT ANALYSIS Previous Review On June 12, 2024, the Planning Commission reviewed the proposed text amendment and recommended the City Council introduce and adopt the Ordinance approving the amendment to Table 2-1 (Uses Allowed by Zone) in Title 17 (Zoning Regulations) of the Municipal Code (Resolution, Minutes). Consistency with the General Plan The Neighborhood Commercial (NC) land use designation is the corresponding land use designation in the Land Use Element (LUE) that informs the purpose of, and allowable uses in, the C-N Zone. As described in Table 1 (General Plan Land Use Designations and Development Standards in the LUCE Planning Sub -area) of the LUE, the NC land use designation is intended for the provision of goods and services that meet the frequent shopping needs of people living nearby. 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 (i.e., 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. 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 with 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 Page 389 of 403 Item 6c 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 regulated differently by the applicable Specific Plan or Development Plan approval. After the comprehensive update to the Zoning Regulations in 2018, existing residences that are not part of mixed-use developments in the C-N zone became nonconforming uses. These 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, expanded, and lose their nonconforming status on the premises as detailed in Chapter 17.94 (Nonconforming Uses). For instance, if a nonconforming residential use is replaced with a conforming use, such as a personal service use, then the property can no longer be used for residential purposes because residential uses are no longer permitted in the C-N Zone. 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. Since the procurement of daily goods and services have evolved with technology in recent decades to allow regular home deliveries, personal services that are mobile or tailored to the customer’s experience, etc., residents living in the vicinity may be less likely to rely on and utilize small-scale neighbor serving commercial uses. Therefore, amendments that provide additional development and use potential of this zone would be important to consider. While residential uses can be achieved as part of a mixed -use development (which is allowed use in the C-N Zone), most of the parcels in the C-N Zone are fairly small in size, which may make it more difficult to satisfy development standards for a feasible mixed - use development. In addition, the amendment would change the status of existing nonconforming residential uses back to conforming. To be consistent with how residential uses were permitted in the C-N Zone prior to the comprehensive Zoning Regulations update in 2018, staff is recommending that residential uses require approval of a Minor Use Permit, instead of being uses allowed by right. This amendment would conditionally allow residential uses to provide additional development and use options while still prioritizing the C-N Zone as a commercial zone. As proposed, the amendment would facilitate single-family and multi-family uses in proximity to other compatible residential and neighbor serving commercial uses. If the proposed text amendment is adopted, f uture residential development in the C-N Zone would be subject to requirements detailed in Table 2-14 (C-N Zone Development Standards) and other standards related to site development, parking, etc., as applicable, in the Zoning Regulations. Page 390 of 403 Item 6c Consistency with 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. Public Engagement Each public hearing associated with this item has been noticed in compliance with the City’s notification requirements for a proposed text amendment. If the Ordinance for the proposed text amendment is adopted, future single-family and multi-family residential development in the C-N Zone would be subject to approval of a Minor Use Permit, which is discretionary review process that requires legal notices and a public hearing for each development project. CONCURRENCE The Council Agenda Report was reviewed by the Community Development Department, Finance Department, City Attorney, and City Administration for concurrence. If Council adopts the Ordinance, all relevant departments and divisions would have the opportunity to review any proposed single-family and multi-family residential development as part of the Minor Use Permit application process. 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 approval of 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 those parcels. FISCAL IMPACT Budgeted: No Budget Year: 2023-25 Funding Identified: Yes Page 391 of 403 Item 6c Fiscal Analysis: Funding Sources Total Budget Available Current Funding Request Remaining Balance Annual Ongoing Cost General Fund $0 $0 $0 $0 State Federal Fees Other: Total $0 $0 $0 $0 There is no upfront cost resulting from the proposed text amendment. If Council adopts the Ordinance, each subsequent residential development in the C-N Zone would require a Minor Use Permit application, which is an applicant-funded review process. ALTERNATIVES 1. Modify and introduce the Ordinance for the proposed amendment to Table 2-1 in Title 17 of the Municipal Code. The amendment may require re-review by the Planning Commission if substantial modifications affecting different uses, aside from residential uses in the C-N Zone, are considered by the City Council. 2. Continue review of the proposed amendment to Table 2-1 in Title 17 of the Municipal Code with direction to staff on pertinent issues. 3. Do not introduce and adopt the Ordinance for the proposed amendment to Table 2-1 in Title 17 of the Municipal Code. This action is not recommended because it would not allow residential uses in the C-N Zone and facilitate additional housing opportunities throughout the City. ATTACHMENTS A - Draft Ordinance approving an amendment to Table 2 -1 (Uses Allowed by Zone) in Title 17 (Zoning Regulations) of the Municipal Code Page 392 of 403 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) (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) 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 August 20, 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 393 of 403 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 approval of 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 those 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 394 of 403 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 395 of 403 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 396 of 403 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 397 of 403 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 398 of 403 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 399 of 403 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 400 of 403 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 401 of 403 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 402 of 403 Ordinance No. ______ (2024 Series) Page 11 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 403 of 403 1 C-N Zone Text Amendment City Council Hearing –August 20, 2024 Applicant: City of San Luis Obispo 2 Proposed Text Amendment Add residential uses (i.e., single- family and multi-family uses) as conditionally allowed with Minor Use Permit approval in the C-N zone Residential uses were conditionally allowed with Minor Use Permit approval since at least 1981 and until the comprehensive Zoning Regulations update in 2018 Recent public interest to add residential uses back to provide additional flexibility for the C-N zone Existing Proposed 3 Zoning Map – Parcels in the C-N Zone Primarily along the Broad Street corridor between Church Street and Alphonso Street Developed properties with existing residential (nonconforming), personal service, restaurant, general retail, commercial recreation, etc. uses 4 Zoning Map – Parcels in the C-N Zone Broad Street and Lincoln Avenue intersection Developed properties with existing restaurant and mixed-use 5 Zoning Map – Parcels in the C-N Zone California Boulevard between Hathway Avenue and Highway 101 Developed properties with existing restaurant, personal service, general retail, convenience store, etc. uses 6 Zoning Map – Parcels in the C-N Zone Laurel Lane between Augusta Street and Southwood Drive Developed properties with existing restaurant, commercial recreation, personal service, general retail, etc. uses 7 Policy Analysis Neighborhood Commercial Land Use Designation and Zone Establishment and operation of small-scale, pedestrian-oriented, and low- impact retail sales and personal services for the convenience and frequent needs of surrounding residences Adjacent to residential land use designations and zones Current list of allowable uses includes limited range of complementary small- scale and low-impact commercial uses that are dependent on nearby residences Major City Goal – Housing Support expansion of housing options and facilitate housing production Proposed Text Amendment Provides additional flexibility in development potential and use of the C-N zone Compatible with other residential and neighborhood serving commercial uses Subject to development standards in the Zoning Regulations 8 Environmental Determination Exempt under CEQA Guidelines Section 15061(b)(3) (General Rule Exemption) Limited to a text amendment where subsequent residential development requires discretionary review Environmental review evaluated on a project-specific basis 9 Recommendation Introduce a Draft Ordinance entitled, “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) (CODE-0224-2024).”