HomeMy WebLinkAbout06/21/1994, C-3 - TA 108-93: REQUEST TO AMEND SEVERAL SECTIONS OF THE ZONING REGULATIONS TO SIMPLIFY PROCESSING, ADD AND CHANGE DEFINITIONS, CLARIFY WORDING AND FORMAT, AND MAKE MINOR CHANGES TO DEVELOPMENT STANDARDS. I��NII�MIIUI(I'llllll `IIIIf n MEETING ATE:
city Illlu ��".1 O ��, e LUIS
J OBI SPO kdg.ITEM NUMBER:
COUNCIL AGENDA REPORT
0
P
FROM: Arnold Jonas, Communityeyelo ment Director;
Prepared By: Judith Laut er. ssociate Planner
SUBJECT: TA 108-93: Request to amend several sections of the Zoning Regulations to
simplify processing, add and change definitions, clarify wording and format, and
make minor changes to development standards.
CAO RECOMMENDATION
Grant final passage to Ordinance No. 1265, approving changes to San Luis Obispo Municipal
Code Title 17, based on findings.
DISCUSSION
Situation
On May 31, 1994, the City Council re-introduced Ordinance No. 1265, approving a text
amendment that simplifies processing, adds and changes definitions, clarifies wording and
format, and makes minor changes to development standards in the zoning regulations, after
making minor changes to three sections. Ordinance No. 1265 is now ready for final passage.
The amended title of the Municipal Code will become effective 30 days after final passage of
the ordinance.
Significant Impacts
The City Council has adopted the initial study of environmental impact (ER 108-93) which
concludes that a Negative Declaration will be filed for the project. No significant fiscal or
environmental impacts are anticipated.
Alternatives
The Council may choose to retain the existing language in the Municipal Code or modify the
draft as introduced on May 31.
Attached: Ordinance No. 1265
ORDINANCE NO. 1265 (1994 SERIES)
AN ORDINANCE OF THE CITY OF SAN LUIS OBISPO
AMENDING THE ZONING REGULATIONS TEXT
TO SIMPLIFY PROCESSING, ADD AND CHANGE DEFINITIONS, CLARIFY
WORDING AND FORMAT, AND MAKE MINOR CHANGES
TO DEVELOPMENT STANDARDS
(TA 108-93)
WHEREAS, the City Council has held a hearing to consider
the zoning text amendment request TA 108-93 , amending various
sections of the Zoning Regulations as shown on Exhibit A, attached;
and
WHEREAS, the City Council makes the following findings;
Findings
1. The proposed amendments conform to the general plan.
2. An initial study of environmental impacts was prepared by the
Community Development Department on August 23 , 1993 , that
describes environmental impacts associated with the text
changes. The Community Development Director has reviewed the
environmental initial study and granted a Negative Declaration
of environmental impact. The initial study concludes that the
project will not have a significant adverse impact on the
environment, and the City Council hereby adopts the Negative
Declaration and finds that it reflects the independent
judgement of the City Council.
BE IT ORDAINED by the Council of the City of San Luis
Obispo as follows:
SECTION 1. Environmental determination. The City
council finds and determines that the project's Negative
Declaration of environmental impact adequately addresses the
potential significant environmental impacts of the proposed zoning
text change, and reflects the independent judgement of the City
Council. The Council hereby adopts said Negative Declaration.
SECTION 2 . Chapters 17. 04, 17.08, 17. 12, 17 . 16, 17. 18,
17.20, 17.30, 17.56, 17.58, and 17 . 62 are hereby amended to read as
shown on Exhibit A, attached.
SECTION 3 . Table 6 is hereby amended to include the
following changes to the parking requirements for dwellings and day
care:
Dwellings R-1 and C/OS: 2 spaces per dwelling, one
of which must be covered. All other
zones: 1 per studio apartment: . 1- 1/2
for first bedroom plus 1/2 fr each
additional bedroom in a unit, plus 1 for
0-1265
C'•3��
Ordinance no. 1265 (1994 Series)
TA 108-93 : Citywide
Page 3
INTRODUCED AND PASSED TO PRINT by the Council of the City of San
Luis Obispo at its meeting held on the 31 st day of Mav, ]99�, on motion of Settle
seconded by Ravfla , and on the following roll call. vote:
AYES: Council Members Settle, Rappa, Romero and Mayor Pinard
NOES: None
ABSENT: Council Member Roalman
/s/ Peg Pinard
Mayor Peg Pinard
ATTEST:
/s/ Diane R. Gladwell
City Clerk Diane R. Gladwell
APPROVED:
'tto ey '
EXHIBIT A
Chapter 17.04
DEFINITIONS
Sections:
17.04.010 Generally.
17.04.020 Accessory. :.
17.04.030 Bed and Breakfast.
17.04.040 Block front.
17.04.050 Boardinghouse or rooming house.
17.04.060 Building.
17.04.070 Carnival.
17.04.080 Convalescent hospital.
17.04.085 Convenience store.
17.04.090 Corner lot.
17.04.095 Day care.
17.04.100 Den (or family room, sewing room, loft or studio).
17.04.110 Director.
17.04.120 District.
17.04.125 Dormitory.
17.04.130 Drive-through facility.
17.04.140 Dwelling.
17.04.150 Educational facilities.
17.04.160 Electronic game/electronic game amusement center.
17.04.170 Fair.
17.04.180 Festival (or carnival or fair).
17.04.190 Fraternity house (or sorority house).
17.04.200 General merchandise sales.
17.04.210 Grazing.
17.04.220 Gross floor area.
17.04.221 Guest house.
17.04.222 High Occupancy Residential Use
17.04.224 Homeless shelter.
17.04.230 Hospital.
17.04.235 Hostel.
17.04.240 Hotel (or motel).
17.04.250 Lodge.
17.04.260 Lot.
17.04.270 Motel.
17.04.273 Neighborhood grocery market.
17.04.275 Nightclub.
17.04.280 Nursery school.
17.04.290 Office.
17.04.295 Organization, professional and similar.
17.04.300 Outdoor sales.
17.04.310 Overlay zone.
17.04.320 Private club (or lodge).
17.04.330 Rest home.
17.04.340 Residential care facility.
C'-3�
17.04.345 Rooming house.
17.04.350 School.
17.04.360 Service station.
17.04.370 Setback line.
17.04.371 Shopping center.
17.04.380 Sorority.
17.04.390 Specific plan.
17.04.400 Street.
17.04.410 Structure.
17.04.420 Studio.
17.04.430 Studio apartment.
17.04.450 Use. :.
17.04.460 Wholesale.
17.04.470 Zone (or district or zone district).
17.04.480 Additional terms defined - Where.
17.04.010 Generally.
Certain terms used in Division I of this title are defined in this chapter. (Ord. 941 - 1 (part), 1982:
prior code - 9204.11 (part))
17.04.020 Accessory.
"Accessory" means clearly subordinate or incidental and directly dated to a permitted use or structure.
"Accessory use" includes active or passive solar heating systems and cogeneration facilities. (Ord.
941 - 1 (part), 1982: prior code - 9204.11 (part))
17.04.030 Bed and Breakfast.
See Section 17.04.240, Hotel. (Ord. 941 - 1 (part), 1982: prior code - 9204.11 (part))
17.04.040 Block front.
"Block front" means all the properties fronting on one side of a street, between intersecting streets or
a street and a railroad, waterway, cul-de-sac, or unsubdivided land. (Ord. 941 - 1 (part), 1982: prior
code - 9204.11 (part))
17.04.050 Boardinghouse or rooming house.
A dwelling unit or part thereof, in which, for compensation, lodging is provided to more than three
.persons independently of each other, excluding fraternities and sororities. Meals and personal services
may be offered to the residents as well.(Ord. 1 102 - 1 Ex. All), 1987: Ord. 941 - 1 (part), 1982: prior
code - 9204.11 (part))
17.04.060 Building.
"Building" means any structure used or intended for sheltering or supporting any use or occupancy.
(Ord. 941 - 1 (part), 1982: prior code - 9204.11 (part))
EXHIBIT A
Page 2 of 44
17.04.070 Carnival.
See Section 17.04.180, Festival (or carnival or fair). (Ord. 941 - 1 (part), 1982: prior code - 9204.11
(part))
17.04.080 Convalescent hospital.
"Convalescent hospital" means a residential facility which provides limited medical care, excluding
acute medical care. (Ord. 941 - 1 (part), 1982: prior code - 9204.11 (part))
17.04.085 Convenience Store.
A small retail grocery and snack store that caters primarily to the automobile-driving public.
17.04.090 Corner lot.
"Corner lot' means a lot with frontage on two streets which intersect at an angle of one hundred
thirty-five degrees or less. (Ord. 941 - 1 (part), 1982: prior code - 9204.11 (part))
17.04.095 Day Care. (See also "Residential care facility.")
A. "Day care facility" means a facility which provides nonmedical care and/or instruction to children
under 18 years of age and adults 18 years of age and older, who are in need of personal services,
supervision, or assistance essential for sustaining the activities of daily living or for the protection of
the individual on less than a 24-hour basis.
B. "Family day care home' means a home which regularly provides nonmedical care, protection,
supervision, and/or instruction of 14'or fewer children, in the providers own home, for periods of less
than 24 hours per day, while the parents or guardians are away, and includes the following:
1. "Small family day care home" means a home which provides family day care to 8' or fewer children
including children under the age of 10 who reside at the home.
2. "Large family day care home" means a home which provides family day care to 9 to 14' children,
inclusive, including children under the age of 10 who reside in the home.
The upper limit an number of clients for each type of day care facility is subject to change,consistent with limits established
by the State of California.
17.04.100 Den (or family room, sewing room, loft or studio).
"Den" (or "family room," "sewing room," "loft" or "studio") means a room which is open on at least
one side, does not contain a wardrobe, closet or similar facility, and which is not designed for sleeping.
(Ord. 941 - 1 (part), 1982: prior code - 9204.11 (part))
17.04.110 Director.
"Director" means the director of the community development department, or someone designated by
him to act on his behalf. (Ord. 941 - 1 (part), 1982: prior code - 9204.11 (part))
EXHIBIT A
Page 3 of 44
C�3-7
17.04.120 District.
See Section 17.04.470, Zone (or district or zone district). (Ord. 941 - 1 (part), 1982: prior code -
9204.11 (part))
17.04.125 Dormitory.
A building used as group quarters for a student body or religious order as an accessory use for a
college, university, boarding school, convent, monastery, or other similar institutional use.
17.04.130 Drive-through facility.
"Drive-through facility" means one in which vehicles line up for service at definite spots and where
customers are served without leaving their vehicles. (Ord. 941 - 1 (part), 1982: prior code - 9204.11
(part))
17.04.140 Dwelling.
"Dwelling" means a building or mobile home on a permanent foundation with provisions for sleeping,
cooking and sanitation, and with permanent connections to utilities, providing independent living space
(see Section 17.16.010A for explanation of dwelling "units"). (Ord. 1006 - 1 (part), 1984: Ord. 941
- 1 (part), 1982: prior code - 9204.11 (part))
17.04.150 Educational facilities.
"Educational facilities."
A. 'Adult school,' "business school" or "trade school" means a professional, recreational or vocational
school providing a continuous program of instruction primarily for adults, as a business.
B. "College" means a facility providing a continuous academic program primarily for students seventeen
years of age or older.
C. "Elementary school' means a facility providing a continuous program of instruction for students
generally aged five through twelve.
D. "High school" means a facility providing a continuous program of instruction for students generally
aged sixteen through eighteen.
E. 'Junior high school' means a facility providing a continuous program of instruction for students
generally aged thirteen through fifteen.
F. 'Nursery school and preschool" see section 17.08.045, Day Care Homes and Centers. (Ord.
1225, 1992 (part))
17.04.160 Electronic game /electronic game amusement "Electronic game"
means a coin-operated machine or device offered to the public as a game or amusement, the object
of which is to achieve a high or low score based on the skill of the player. 'Electronic game
amusement center" means any premises having thereonavailable four or more electronic games. See
also Chapter 5.52, electronic game amusement centers. (Ord. 946 - 3. 1983: prior code - 9204.11
(part))
EXHIBIT A
Page 4 of 44
17.04.170 Fair.
See Section 17.04.180. Festival (or carnival or fair). (Ord. 941 - 1 (part), 1982: prior code - 9204.11
(part))
17.04.180 Festival (or carnival or fair).
"Festival" (or "carnival" or "fair") means a temporary public or commercial gathering where
entertainment, food, crafts, and the like are offered for viewing or sale. Gatherings on public property
under the sponsorship or control of the city are excluded. (Ord. 941 - 1 (part), 1982: prior code -
9204.11 (part))
17.04.190 Fraternity house (or sorority house).
"Fraternity house" (or "sorority house") means a building or buildings occupied by six or more college
or university students who are members of a social or educational association and/or where such an
association holds gatherings. (Ord. 941 - 1 (part), 1982: prior code - 9204.11 (part))
17.04.200 General merchandise sales.
"General merchandise sales" means the retail sales of two or more of the following types of
merchandise, and includes the types of establishments popularly known as "department stores,"
"hardware stores," "variety stores," "drug stores" and "discount stores": apparel and accessories,
cosmetics, household items, appliances, furniture and furnishings, auto parts and accessories, tools,
garden supplies, toys, games, sporting goods, photographic supplies,jewelry, fabrics, notions, dishes
and tableware, and similar consumer goods. (Ord. 941 - 1 (part), 1982: prior code - 9204.11 (part))
17.04.210 Grazing.
"Grazing" means the keeping of hoofed animals where food grown on the premises is the principal food
of the livestock. (Ord. 941 - 1 (part), 1982: prior code - 9204.11 (part))
17.04.220 Gross floor area.
"Gross floor area" means the total area enclosed within a building, including closets, stairways, and
utility and mechanical rooms, measured from the exterior face of the walls. (Ord. 941 - 1 (part), 1982:
prior code - 9204.11 (part))
17.04.221 Guest house.
A separate accessory structure, that is designed, occupied, or intended for occupancy as sleeping and
bathing quarters only, that does not contain a refrigerator, cooking appliances, or a kitchen sink, and
is intended to be used in conjunction with a primary residence that contains a kitchen.
17.04.222 High Occupancy Residential Use
A "High Occupancy Residential Use" is any dwelling other than a residential care facility as defined in
section 17.04.340 of this code, in the R-1 or R-2 zones when the occupancy of the dwelling consists
of six or more adults. (Ord. 1154 - 1 Ex. A (part), 1989)
EXHIBIT A
Page 5 of 44
17.04.224 Homeless shelter
"Homeless shelter' means a facility which regularly houses homeless people on an overnight basis,
excluding shelters for people needing protection from domestic violence. (Ord. 1122 - 1 Ex..A (part),
1988)
17.04.230 Hospital.
"Hospital" means a facility housing and providing a full range of medical care, including acute care, for
patients who require such care on the premises. (Ord. 941 - 1 (part), 1982: prior code - 9204.11
(part))
17.04.235 Hostel.
Inexpensive lodging that caters primarily, but not exclusively, to travelers who arrive by bicycle, train,
or other non-automotive vehicles.
17.04.240 Hotel (or motel).
"Hotel' (or"motel") means a building or group of buildings providing accommodations, with or without
kitchens, primarily for the traveling public. (Ord. 941 - 1 (part), 1982: prior code - 9204.11 (part))
17.04.250 Lodge.
See Section 17.04.320, Private club (or lodge). (Ord. 941 - 1 (part), 1982: prior code - 9204.11
(part))
17.04.260 Lot.
"Lot" means:
A. A parcel of real property with a distinct designation delineated on an approved survey map, tract
map, or parcel map filed in the office of the county recorder and abutting at least one public street;
or
B. A parcel of real property containing at least the area required for the zone district in which it is
located, abutting at least one public street or other access approved by the council, and held under
separate ownership from adjoining property. (Ord. 941 - 1 (part), 1982: prior code - 9204.11 (part))
17.04.270 Motel.
See Section 17.04.240. Hotel (or motel). (Ord. 941 - 1 (part), 192: prior code - 9204.11 (part))
17.04.273 Neighborhood grocery market.
A retail grocery store with a gross floor area of 3,000 square feet or less, which sells a full range of
food products and some convenience items, and caters primarily to customers who arrive by foot,
bicycle, or other non-motorized vehicle transportation.
EXHIBIT A
Page 6 of 44
C 3-/�
17.04.275 Nightclub.
"Nightclub" means a bar, restaurant, coffee house or similar establishment where a dance floor or
entertainment is provided. (Ord. 1006 - 1 (part), 1984: prior code - 9204.11 (part))
17.04.280 Nursery school.
See Section 17.04.150F, nursery school. (Ord. 941 - 1 (part), 1982: prior code - 9204.11 (part))
17.04.290 Office.
"Office" means a business establishment or agency which renders personal, professional, business or
governmental services, or performs administrative activities, including sales or repair, only as an
accessory activity. (Ord. 941 - 1 (part), 1982: prior code - 9204.11 (part))
17.04.295 Organization, professional and similar.
An association whose members are in the same profession, or who belong to the same church, political
party, labor union, fraternal or similar group.
17.04.300 Outdoor sales.
"Outdoor sales" means the sale of items regularly stored or displayed outside a building, where such
items are visible from a public right-or-way or neighboring property. (Ord. 941 - 1 (part), 1982: prior
code - 9204.11 (part))
17.04.310 Overlay zone.
"Overlay zone" means a zone applied in combination with other zone districts in order to impose
additional restrictions or to allow greater variety than is possible with the underlying zone. (Ord. 941
- 1 (part), 1982: prior code - 9204.11 (part))
17.04.320 Private club for lodge).
"Private club" (or"lodge") means a premises accommodating bona fide members and their guests only,
for social, cultural or educational activities, and only incidentally used for gatherings of other than the
club's members. (Ord. 941 - 1 (part), 1982: prior code - 9204.11 (part))
17.04.330 Rest home.
"Rest home" means a residential facility for six or more elderly or infirm persons, all of whom are
ambulatory and do not require.confinement or regular nursing or medical care on the premises. (Ord.
941 - 1(part), 1982: prior code 9204.11 (part))
17.04.340 Residential care facility
Any State-licensed family home or group care facility, which provides for 24-hour nonmedical care in
a residential setting for adults or children in need of personal services, counselling, supervision, or
assistance essential for sustaining the activities of daily living, or for the protection of the individual.
(Ord. 1102 - 1 Ex. A(2), 1987: Ord. 941 - 1 (part), 1982: prior code - 9204.11 (part))
EXHIBIT A
Page 7 of 44
e-3-fl
17.04.345 Rooming house
See "Boarding house".
17.04.350 School.
See Section 17.04.150, Educational facilities. (Ord. 941 - 1 (part), 1982: prior code -9204.11 (part))
17.04.360 Service station.
"Service station" means any business where motor fuel is offered for retail sale, whether or not in
conjunction with any other use(s). Service station includes the sale and installation:of tires, batteries
and automotive accessories; lubrications; and the testing, adjustment and repair of motor parts, brakes,
tires and accessories. Service station does not include steam cleaning, mechanical car washing, tire
recapping, body or chassis repair or painting, or the sale, rental or storage of motor vehicles, trailers
or other equipment. (Ord. 941 - 1 (part), 1982: prior code - 9204.11 Apart))
17.04.370 Setback line.
"Setback line" means an officially adopted line determining the extent of a future street or other public
right-of-way. (Ord. 941 - 1 (part), 1982: prior code - 9204.11 (part))
17.04.371 Shopping center.
"Shopping center" means a development consisting of at least five separate establishments with a
minimum area of fifty thousand square feet, a site with a minimum of three hundred feet of
frontage and shared common drives and off-street parking. (Ord. 1103 - 1 A(2), 1987: Ord. 1008 -
1, 1984)
17.04.380 Sorority.
See Section 17.04.190. Fraternity house (or sorority house). (Ord. 941 - 1 (part), 1982: prior code
- 9204.11 (part))
17.04.390 Specific plan.
"Specific plan" means a plan for a designated area within the city, based on the general plan, but
containing more detailed regulations and programs as provided in Section 65450 and following of the
California Government Code. (Ord. 941 - 1 (part), 1982: prior code - 9204.11 (part))
17.04.400 Street.
"Street" means a public right-of-way providing vehicular access to abutting property. (Ord. 941 - 1
(part), 1982: prior code - 9204.11 (part))
17.04.410 Structure.
"Structure" means anything assembled or constructed on the ground, or attached to anything with a
foundation on the ground. (Ord. 941 - 1 (part), 1982: prior code - 9204.11 (part))
EXHIBIT A
Page 8 of 44
C 3-��
17.04.420 Studio.
See Section 17.04.100. Den (or family room, sewing room, loft, or studio). (Ord. 941 - 1 (part),
1982: prior code - 9204.11 (part))
17.04.430 Studio apartment.
"Studio apartment" means a one-room dwelling unit with not more than four hundred fifty square feet
of gross floor area, designed for occupancy by not more than two people. The floor area in a loft is
included as part of the gross floor area calculation. (Ord. 1085 - 1 Ex. A (part), 1987: Ord. 941 - 1
(part), 1982: prior code - 9204.11 (part))
17.04.450 Use.
"Use" means the activity for which land or buildings are designed, occupied or maintained. (Ord. 941
- 1 (part), 1982: prior code - 9204.11 (part))
17.04.460 Wholesale.
"Wholesale" means sales primarily for resale to others. (Ord. 941 - 1 (part), 1982 prior code -
9204.11 (part))
17.04.470 Zone (or district or zone district).
"Zone" (or"district" or "zone district") means an area of the city delineated on the official zoning map,
designated by name or abbreviation as provided in the regulations codified in this division. (Ord. 941
- 1 (part), 1982: prior code - 9204.11 (part))
17.04.480 Additional terms defined - Where.
Other items, particularly those relating to property development standards, are defined in the sections
on standards themselves. (Ord. 941 - 1 (part), 1982: prior code - 9204.11 (part))
Chapter 17.08
USES ALLOWED IN SEVERAL ZONES
Sections:
17.08.010 Temporary uses.
17.08.020 Outdoor sales.
17.08.030 Service stations.
17.08.040 Concurrent sales of motor fuel and alcoholic beverages.
17.08.050 Vending machines.
17.08.060 Electronic game amusement centers.
17.08.070 Mineral extraction.
17.08.080 Public utilities.
17.08.090 Home occupations.
EXHIBIT A
Page 9 of 44
�'-3 -3
17.08.095 Neighborhood grocery markets.
17.08.100 Child and adult day care.
17.08.110 Homeless shelters.
17.08.010 Temporary and Intermittent Uses.
A. Purpose and Intent. The provisions codified in this chapter provide for certain temporary and
intermittent uses. It establishes standards and procedures to assure that such uses are compatible
with their surroundings and the intent of these regulations.
In approving a temporary or intermittent use, the Director may establish requirements related to, but
not limited to, days and hours of operation, parking,temporary structures, and site planning, in addition
to performance standards specified below. The Director shall determine the extent to which any
permanent on-site parking and other facilities may satisfy the requirements for the proposed use.
The Director may refer any proposed temporary or intermittent use to an administrative hearing or to
the Planning Commission for action.
B. Definitions. A temporary use is one which is established at a particular location for less than one
year. An intermittent use is one which occurs no more than 90 days in a year, but which may
continue from year-to-year.
C. Specific cases:
1. Real Estate Sales Office in Tract.
A temporary real estate sales office may be established in a residential development for the initial sale
of property in that development, upon written approval by the Director. Such an office may be located
within a residence or a common or temporary building. If a temporary building is used, it shall be
removed upon termination of the use.
2. Mobile Home as Construction Office.
a. A mobile home may be used as a temporary office at a construction site for not more than six
months upon written approval of the Chief Building Official subject to any conditions he deems
necessary to protect health, safety, and welfare. Upon written request received prior to expiration,
the use may be continued for six-month periods, not to exceed a total of eighteen months, by the Chief
Building Official.
b. An administrative use permit is required to allow a mobile home as a temporary construction office
when the mobile home is not located on the same property as the construction site. The same time
limitations as stipulated above for an on-site mobile home would apply, with approvals for extensions
of the use made by the Director. Also with the Chief Building Official's or Director's approval, the
mobile home may be occupied by a resident guard or caretaker, provided it is properly connected to
city utilities or other safe means of waste disposal is assured.
3. Mobile Home as Temporary Residence at Building Site.
Upon written approval by the building official, a mobile home, trailer or recreational vehicle may be
parked on a lot and occupied by the lot owner while he/she is building a dwelling on the lot for his/her
EXHIBIT A
Page 10 of 44
own occupancy. The mobile home or vehicle shall be connected to the city sewer system or shall be
self-contained, with disposal contracted for. Approval shall be for renewable six-month intervals, not
to exceed a total of eighteen months.
4. Construction Activities.
Construction and demolition, including fabrication of building components and other activities normally
associated with property development and maintenance, may be conducted in any zone, provided they
are pursued according to plans and procedures approved by the chief building official.
5. Educational Conferences.
Student housing complexes normally occupied for part of the year may be used during their vacant
periods for educational conferences provided an administrative use permit is approved by the director.
The occupancy of such facilities during educational conferences shall not exceed the maximum
established by any prior city approval for residential occupancy.
6. Parades, Carnivals, Fairs, Festivals.
Use of privately owned property for parades, carnivals, fairs, and festivals requires approval of an
admihistrative use permit. Where these events involve public property, coordination with the City
Clerk's Office is required.
7. Other Temporary or Intermittent Uses.
Upon approval of an administrative use permit, the Director may approve other temporary or
intermittent uses, including but not limited to: musical events, auctions, estate sales, clothing outlet
sales, nonprofit benefits, parking lot sales, and car shows.
17.08.020 Outdoor sales.
A. Sales of Christmas Trees and Other Agricultural Products. Upon written approval by the Director,
premises within non-residential zones may be used for the sale of Christmas trees, pumpkins, flowers,
or seasonal produce, subject to the following requirements and any other conditions that the Director
deems necessary:
1. Sales shall be limited to Christmas trees, pumpkins, or seasonal produce and related accessory items
only, as specified in the letter of approval.
2. Sales of Christmas trees shall not be conducted before Thanksgiving or after December 26. The
duration of pumpkin and seasonal produce sales shall be subject to Director approval.
3. The site shall be maintained in a neat and orderly manner at all times. All sales items, sales
equipment, temporary power poles, and other temporary structures, and signage shall be kept behind
a ten-foot setback from all street rights-of-way and they shall be removed within ten days after the
close of the sale. Trash and recycling receptacles shall be provided in a convenient location for
customers.
4. A camper or trailer for overnight security may be parked on-site, for the duration of the permit, if
kept more than 10 feet back from the street right-of-way.
EXHIBIT A
Page 11 of 44
5. A sign permit shall be obtained for any proposed signage. Maximum sign area shall not exceed 32
square feet. No bunting strips, banners, flags, whirligigs, or other attention-getting devices shall be
displayed on site without Director approval.
6. When the use is temporary or intermittent, the applicant may be required to post a refundable
deposit, set by the Community Development Director, with the Community Development Department
to assure site clean-up, if necessary. Deposit shall be in the form of a cashier's check and shall be
made prior to occupying the site.
7. Outdoor sales lots are subject to all fire safety measures, including location of fire extinguishers, as
required by the Fire Marshal.
8. Any Christmas trees sold for use in public facilities shall be flame-proofed with a state Fire
Marshal-approved material by a state-licensed application.
9. Applicant shall obtain a City business tax certificate. A copy of the Director's approval and the
business tax certificate shall be posted in a conspicuous location at all times when the use is in
operation.
10. The applicant shall secure a building permit for any structure requiring a permit, associated with
the use. The plan shall show the proposed vehicular circulation pattern, parking layout, and location
of structures. Plans shall also demonstrate compliance with Title 24 requirements for handicap
accessibility.
11. The use shall comply with all requirements of the County Health Department.
12. Restroom facilities shall be provided either on-site or on a nearby property to the satisfaction of
the Chief Building Official.
13. No sales or display shall take place in the public right-of-way.
14. Upon written receipt of complaints from the public or the Police Department, the Director's
approval may be scheduled for administrative hearing review. At the public hearing, the Hearing
Officer may add, delete, or modify conditions of approval, or may revoke the approval.
B. Other outdoor sales. Outdoor sales of nonagricultural products, such as food carts, barbecues, and
swap meets shall be limited to the types of retail sales allowed in the location's zone. "Outdoor sales"
may be temporary, intermittent, or permanent. "Outdoor sales" do not include incidental outdoor
display of merchandise associated with a business occupying a building on the site, nor sale of things
usually sold outdoors, such as boats, vehicles, and building or landscape materials. (See also Chapter
5.16 - Solicitors and Peddlers and Chapter 5.48 - Sales on Streets and Sidewalks.)
1. Other outdoor sales require approval of an administrative use permit, except in cases where the
Director determines a Planning Commission use permit would be more appropriate. Parking
requirements, setbacks to sales or storage areas, safety and aesthetic screening, and other
development standards usually related to buildings shall be established by use permit approval.
17.08.030 Service stations.
Service stations are permitted as specified in the zone district regulations, subject to the following
conditions:
EXHIBIT A
Page 12 of 44
�3/�
A. Premises adjoining residential zones shall be screened from such zones by a six-foot-high landscaped
visual barrier, subject to the limitations of Section 17.16.050, Fences, walls and hedges.
B. Street frontage between driveways shall have a low wall or other landscape barrier to prevent
vehicles from being driven or parked on the sidewalk.
C. Bells or other sound signals shallbe turned off between ten p.m. and seven a.m. if the station is
adjacent to a residential zone.
D. Pump islands shall be located at least fifteen feet from any street right-of-way line or setback line,
except that cantilevered roofs may extend to a point at least five feet from such lines.
E. Repair work shall be done and dismantled vehicles shall be stored inside a building-or area screened
so that it is not visible from off the premises. (See also Chapter 17.18, Performance Standards and
Section 5.36.020, SERVICE STATIONS, Alcoholic beverages - Sale prohibited - Exceptions.) (Ord.
1085 - 1 Ex. A (part), 1987; Ord. 1006 - 1 (part), 1984: Ord. 941 - 1 (part), 1982: prior code -
9202.1(C))
17.08.040 Concurrent sales of motor fuel and alcoholic beverages.
Concurrent sales of alcoholic beverages other than beer and wine are prohibited. The concurrent sales
of motor fuel and beer or wine at a single premises or retail outlet shall be subject to the following:
A. There shall be no sales of beer or wine for on-site consumption;
B. Beer and wine may be sold only in conjunction with selling groceries and other sundries and
convenience items;
C. No concurrent-sales outlet shall be established within 1,000 feet of any other establishment selling
ar serving alcoholic beverages;
D. Sales of beer or wine between 4:00 p.m. and 10:00 a.m. are prohibited;
E. There shall be no advertisement or display of beer or wine visible from off the premises;
F. Inside the premises, there shall be provided space for public-service posters concerning the effects
of drunk driving, equal to at least the area devoted to advertising beer and wine;
G. No beer or wine shall be displayed within ten feet of the cash register;
H. No advertisement of beer or wine shall be displayed at motor fuel islands and no self-illuminating
advertising for beer or wine shall be located on buildings or windows;
1. No sales of beer or wine shall be made from a drive-in window;
J. There shall be no sales or display of refrigerated beer or wine.
K. City landscaping standards shall be met.
L. Vapor-recovery devices for customer-service pumps shall be installed, in compliance with the
specifications of the California Air Resources Board.
EXHIBIT A
Page 13 of 44
�3 it
M. Applicant shall pay a fee, in an amount determined by resolution of the City Council, to cover costs
of city inspection to assure compliance with these requirements. (Ord. 1124 - 1 Ex. A (part), 1988)
17.08.050 Vending machines.
A. A "vending machine" is a device which dispenses a product or service,,either for sale or for free,
and which is activated entirely by the receiver of the product or service, including ice machines,
cigarette machines, food vending machines, and newspaper racks and the like. Vending machine does
not include a motor fuel pump.
B. Indoor vending machines are accessory to allowed uses. Outdoor vending machines are allowed
in all commercial ("C") zones. =
1. Vending machines shall be located along the face of a building or against a structure designed to
accommodate them;
2. They shall be visible from access drives or public streets;
3. They shall occupy not more than ten percent of the length of the wall facing the street or access
drive, or twenty feet, whichever is less;
4. They shall not obstruct private pedestrian walkways; a minimum of forty-four inches shall be kept
clear of obstructions, or more if pedestrian traffic volume warrants. They are not allowed on public
sidewalks. (Ord. 941 - 1 (part), 1982: prior code - 9202.1(H))
17.08.060 Electronic game amusement centers.
During the processing of the required use permit for an electronic game amusement center (see Section
17.04.160, Definitions), the appropriateness of the proposed location and possible land use conflicts
created by the use shall be evaluated.
All electronic game amusement centers (hereinafter referred to .in this section as "centers") shall be
licensed in accordance with Chapter 5.52 of this code and shall comply with the following
requirements and restrictions:
A. Centers shall comply with all applicable laws and conditions of use permit approval;
B. No center shall be allowed:
1.Within one thousand feet of the exterior limits of any public or private elementary school,junior high
school of high school;
2. Within five hundred feet of the exterior limits of a PF district or any district where residential use
is the principal permitted use;
3. Within five hundred feet of the exterior limits of any premises whereon the principal business is the
sale or consumption of alcoholic beverages, including, but not limited to, bars, taverns and liquor
stores;
4. Within one thousand feet of the exterior limits of any other premises occupied by another center;
EXHIBIT A
Page 14 of 44
e-3 IS
C. No person under eighteen years of age may enter, be or remain in a center during such time as the
San Luis Coastal Unified School District is conducting its regular daytime education program;
D. Centers shall have at least one responsible adult supervisor on duty at all times, whose primary
responsibility shall be supervision of electronic game play;
E. Noise attenuation measures shall be taken as required by conditions of use permit approval;
F. No person under eighteen years of age may play electronic games at a center located at a place of
business where alcoholic beverages are sold, served or consumed;
G. Bicycle racks shall be provided within a reasonable distance of any center and shall provide at least
one bicycle stall for each electronic game in the center.
H. Centers shall be closed from two a.m. to six a.m. and for such times as required by conditions of
the use permit;
I. Adequate space shll be provided for each electronic game so as to allow its use without
overcrowding;
J. Parking shall be as required by the use permit for a center. (Ord. 946 - 1 (part), 1983: prior code
- 4953)
K. Facility and operation exceptions.
Exceptions to any of the requirements listed in this section may be considered during the use permit
review process provided the following findings can be mde:
1. The requested exception to the facility and operation requirements will not affect the ability of the
electronic game amusement center to be compatible with surrounding land uses.
2. The requested exception to the facility and operation requirements will not encourage school-age
children from frequenting the electronic game amusement center while the San Luis Coastal Unified
School District is conducting its regular daytime education program.
3. The purpose and intent of the facility and operation requirements are still met with the approval of
the requested exception. (Ord. 1128 - 1 Ex. (part), 1988)
17.08.070 Mineral extraction.
Minerals, hydrocarbons, and soil may be removed in any zone, provided a use permit is approved by
the planning commission. In addition to the requirements which the planning commission may impose
for the activity itself, there may be requirements that the site be restored or rehabilitiated in
furtherance of the purposes of these regulations. (Grading carried out in conjunction with a
construction project need not obtain use permit approval; but shall comply with the grading ordinance
codified in Chapter 17.78.) (Ord. 941 - 1 (part), 1982: prior code - 9202.1(Ell
17.08.080 Public utilities.
A. Distribution facilities may be located in any zone; provided, that equipment on the ground in
residential zones shall be screened by landscaped visual barriers.
EXHIBIT A
Page 15 of 44
B. Transmission lines may be located in any zone, provided the route is approved by the planning
commission.
C. Other unmanned public utility structures may be located in any zone, provided an administrative use
permit is approved by the director. (Ord. 941 - 1 (part), 1982: prior code - 9202.1(E))
17.08.090 Home occupation.
A. Intent. The provisions set forth in this section are intended to allow the conduct of home
enterprises which are incidental to and compatible with surrounding residential uses. A "home
occupation" is gainful employment engaged in by the occupants of a dwelling.
B. Permit Required.
1.The conduct of home occupation requires the approval of a home occupation permit by the Director,
who may establish additional conditions to further the intent of this section. A permit is required when
a person does business in his/her home, uses his/her home address as a business address on business
tax certificates, or uses his/her phone as a business phone. Home occupations may be conducted from
dwellings located in residential zones or from dwellings located in commercial zones where dwellings
are an allowed or conditionally allowed use.
A public notice shall be posted at the site of each proposed home occupation. If anyone informs the
community development department of a question or objection concerning the proposed home
occupation within five days of the posting, the director shall schedule a hearing for the application as
provided for administrative use permits. If no questions or objections are received by the community
development department within five days after posting, the director may issue the permit upon
submission of all required information and without further notice or public hearing.
2. State licensed child day care centers for six or fewer children are exempt from home occupation
regulations (see state Health and Safety Code, Section 1529.5).
C. General Requirements.
1. Home occupations shall not involve frequent customer access or have other characteristics which
would reduce residents' enjoyment of their neighborhoods. The peace and quiet of residential areas
shall be maintained.
2.Activities shall be conducted entirely within the dwelling unit or an enclosed accessory building, and
shall not alter the appearance of such structures. (Horticultural activities may be conducted outdoors.)
3. There shall be no sales, rental or display on the premises.
4. There shall be no signs other than address and names of residents.
5.There shall be no advertising the home occupation by street address except that street address may
be included on business cards and business correspondence originating from the home.
6. No vehicle larger than a three-quarter-ton truck may be used in connection with a home occupation.
7. The home occupation shall not encroach on any required parking, yard or open space area.
EXHIBIT A
Page 16 of 44
C�3 a?o
8. Parking for vehicles used in connection with the home occupation shall be provided in addition to
parking required for the residence.
9. Activities conducted and equipment or materials used shall not change the fire safety or occupancy
classifications of the premises, nor use utilities in amounts greater than normally provided for
residential use.
10. No use shall create or cause noise, dust, vibration, smell, smoke, glare, or electrical interference,
or other hazard or nuisance.
11. No employees other than residents of the dwelling shall be allowed. (Babysitters or domestic
servants are not considered employees of a home occupation.) :.
12. Clients or customers shall not visit the home occupation between the hours of ten p.m. and seven
a.m.
13. If the home occupation is to be conducted in rental property, the property owners authorization
for the proposed use shall be obtained.
D. Prohibited Uses. The following uses by their operation or nature may interfere with residential
welfare and diminish the convenience intended for commercial zones, and therefore shall not be
permitted as home occupations:
1. Automotive repair (body or mechanical), or detailing, upholstery or painting of automobiles, when
performed on the same site as the home occupation. Off-.site work is permitted.
2. Barber or beauty shop;
3. Carpentry or cabinet making;
4. Welding or machining;
5. Medical offices, clinics, laboratories, except that counselling is permitted, when no more than one
client visit or group session is held at one time;
6. Appliance, radio or television repair;
7. Print shop;
8. Gun or ammunition sales, including by mail order. (Ord. 1102 - 1 Ex. A(4), 1987; Ord. 1006 - 1
(part), 1984: Ord. 941 - 1 (part), 1982: prior code - 9202.1(D))
17.08.095 Neighborhood grocery markets.
A. Intent. The standards in this section are intended to assure that neighborhood markets will serve
persons who live or work in nearby neighborhoods, and who will normally not need an automobile to
get to the market. The standards should ensure that such markets offer adequate food and supplies
to attract customers who would otherwise drive to a large supermarket. Limits on hours and alcohol
sales and other provisions will prevent such stores from becoming a nuisance to the neighborhood.
B. Standards. The following standards shall apply to all neighborhood grocery markets.
EXHIBIT A
Page 17 of 44
�3a1
1. Maximum Size. Gross floor area shall not exceed 3,000 square feet per business. Floor area for any
accessory residential use shall not be counted toward the allowed market floor area.
2. Height, Setback, and Lot Coverage. Neighborhood grocery markets shall comply with the height,
setback, and coverage requirements for the underlying zone, except that markets in residential zones
shall comply with standards for the C-N zone.
3. Loading and Deliveries. One curbside or off-street loading space shall be provided per business.
Loading and deliveries is permitted only between the hours of 8 a.m. and 9 p.m.
4. Hours of Operation.Neighborhood grocery markets shall open for business no earlier than 7:30 a.m.,
and shall close no later than 10 p.m.
5.Alcohol Sales. Neighborhood grocery markets within residential zones shall be prohibited from selling
alcoholic beverages of any kind.
6. Performance Standards. Neighborhood grocery markets shall comply with Performance Standards,
Chapter 17.18 of the Zoning Regulations. In addition, all exterior trash enclosures, outdoor storage,
heating or cooling equipment, refrigerators, and similar equipment shall be visually screened, and
located and/or designed to avoid noise, odor, glare, or vibration impacts to neighboring properties.
7. Architectural Review. Neighborhood grocery markets shall be compatible with neighboring structures
in terms of scale, massing, architectural style or character, colors and materials, access, exterior
lighting and landscaping. Exterior changes shall require architectural review, as provided in Chapter
2.48 of the Municipal Code.
17.08.100 Child and Adult Day Care
A. Intent. The provisions set forth in this section are intended to enable child and adult day care
opportunities throughout the city, to ensure that day care facilities will be compatible with residential
uses, and to comply with applicable sections of the Health and Safety Code of the State of California.
B. Permits Required.
1. Day care facilities serving 6 or fewer clients on site at one time are considered residential uses for
the purposes of zoning regulation. They may be established in all zones where dwellings are allowed.
Children under the age of ten years, who live in the home, shall be counted for purposes of these
limits. No use permit is required.
a. Day care facilities serving 7 to 8 children on site at one time are considered residential uses for the
purposes of zoning regulations, if two of the children are six years of age or older. Children under the
age of ten years, who live in the home, shall be counted for purposes of these limits. No use permit
is required. This provision shall expire on January 1, 1996, unless extended by State law.
2. Day care facilities serving 7 to 12 clients on site at one time may be established in any zone where
dwellings are allowed, subject to performance standards listed below. These facilities require written
approval by the Community Development Director, consistent with the review procedures set forth in
sections b through d below.
EXHIBIT A
Page 18 of 44
�3��
a. Day care facilities serving 13 to 14 children on site at one time may be established in any zone
where dwellings are allowed, subject to performance standards listed below, if two of the children are
six years of age or older. Children under the age of 10 years, who live in the home, shall be counted
for purposes of these limits. These facilities require written approval by the Community Development
Director, consistent with the review procedures set forth in sections b through d below. This provision
shall expire on January 1, 1996, unless extended by State law.
b. Public Notice. Not fewer than 10 days prior to the Director's action to approve or deny an
application for a day care facility serving 9 to 14' clients, mailed notice of the proposed use shall be
given to all property owners within no more than a 100-foot radius of the exterior boundaries of the
proposed facility site. If no written request for hearing is received by the Community Development
Department within ten days from the mailing of these notices, the Director may apprvye the requested
use upon submission of all required information and without further notice or public hearing.
c. Public Hearing. A public hearing shall be required if requested in writing by the applicant or any
other affected person.
d. Approval. The Director is authorized to approve day care facilities serving 9 to 14 clients% subject
to the appeal provisions of Chapter 17.66 of this Title. In accordance with applicable sections of the
California Health and Safety Code, the Director shall approve the use when he or she determines that
the proposed facility:
1. complies with all applicable provisions of the Fire Code regarding health and safety; and
2. complies with property development standards contained in Chapter 17.16 of this Title and with
City sign regulations; and
3. has been issued a day care license from the State of California, Department of Social Services; and
4. will satisfy performance standards of this section relating to noise, traffic, and parking.
3. Day care facilities serving more than 12 adults or more than 14 children require approval of an
administrative use permit where not otherwise allowed or prohibited, consistent with Section
17.22.010 Uses Allowed by Zone and Section 17.58 Use Permits. These facilities are subject to the
performance standards outlined below.
C. Performance standards for day care facilities serving more than 6 adults or more than 8 children.
1. Noise. The day care facility shall be subject to all applicable provisions of the Noise Ordinance
(Chapter 9.12 of the San Luis Obispo Municipal Code). Where the day care facility is adjacent to
housing in a residential zone, outdoor play and activities shall be prohibited prior to 9:00 a.m.
2. Traffic. Designated delivery and pick-up areas shall not pose any traffic or safety hazards.
Operators of day care facilities shall provide carpool matching services to all clients.
3. Parking. For centers with 6 to 12 adults or 8 to 14 children, one on-site parking space is required,
in addition to parking required for the residence, except when the Director finds that adequate on-street
parking exists for dropping off and picking up clients. Centers with more than 12 adults or more than
14 children must provide two spaces per facility (when not a home) and 1 space for each 12 day care
clients (based on the facility's license), rounded to the nearest whole number, in addition to any spaces
required for the residential use. See Section 17.16.060 of this Title.
EXHIBIT A
Page 19 of 44
D. Day care as an accessory use. When day care facilities are accessory to another use requiring a
permit, only one permit application need be filed and acted on. As accessory uses to schools and
churches, and where an employer provides on-site child care to 12' or fewer children for the exclusive
use of employees, day care is allowed by right, providing the primary use meets City parking standards.
E. Exceptions. Nothing in this section shall prohibit applicants from requesting exceptions or variances
from the strict interpretation of zoning regulations to the extent allowed by said regulations. The
Director may authorize minor exceptions to performance standards upon finding that:
1. The modification is in accordance with the intent and purpose of the zoning regulations, and
consistent with City day care policy.
F. Nonconforming status. All day care facilities licensed by the State at the time of ordinance
adoption(1992) shall be considered legal nonconforming uses, consistent with Chapter 17.10 of these
regulations, except that nonconforming day care facilities may not be changed to another
nonconforming use.
The upper limit on number of clients for each type of day care facility is subject to change,consistent with limits established
by the State of California.
(Ord. 1225, 1992)
Chapter 17.12
NONCONFORMING LOTS
Sections:
17.12.010 Intent.
17.12.020 Regulations.
17.12.010 Intent.
A lot having less area, width, depth or frontage than required by the subdivision regulations, as set
forth in Title 16 of this code, for the zone in which it is located, but which was lawfully created prior
to the effective date of regulations requiring such greater area or dimension, shall be considered a
nonconforming lot. These regulations are intended to provide for the reasonable use of such
nonconforming lots, consistent with other standards adopted to protect the public health,.safety and
general welfare. (Ord. 941 - 1 (part), 1982: prior code - 9202.3(A))
17.12.020 Regulations.
A. If a nonconforming lot has been held in common ownership with any contiguous property at any
time since November 18, 1977, it may not be individually developed. The area within such a lot may
be developed only after it has been merged with contiguous property, or otherwise resubdivided in
conjunction with the contiguous property to create one or more conforming parcels or one parcel which
more nearly conforms.
EXHIBIT A
Page 20 of 44
�' - �
B. In an R-1 or R-2 zone, the merger or resubdivision requirement set forth in the first paragraph of this
subsection shall not apply to a nonconforming lot and contiguous commonly owned property where
each of the parcels has an area, width, depth and frontage equal to at least eighty percent (80%) of
the minimum required in the Subdivision Regulations (Title 16 of this code).
C. If a nonconforming lot has not been held in common ownership with any contiguous property since
November 18, 1977, it may be individually developed.
D. Property development standards shall apply to nonconforming lots, except that the density
standards shall not prevent construction of a single dwelling (in the R-1 zone) or a single studio unit
(all other zones) where otherwise permitted by this chapter.(see Section 17.16.010, Density). (Ord.
1102 - 1 Ex. A(5), 1987; Ord. 1085 - 1 Ex. A (part), 1987; Ord, 1006 - 1 (part), 1984: Ord. 941
1 (part), 1982: prior code - 9202.3(8))
Chapter 17.16
PROPERTY DEVELOPMENT STANDARDS
Sections:
17.16.005 Applicability of other provisions.
17.16.010 Density.
17.16.020 Yards.
17.16.030 Coverage.
17.16.040 Height.
17.16.050 Fences, walls and hedges.
17.16.060 Parking space requirements.
17.16.070 Parking and driveway design and exceptions.
17.16.090 Screening of outdoor sales and storage.
17.16.100 Utility services.
17.16.110 Satellite dish antenna.
17.16.005 Applicability of other provisions.
A. Development of property within the city may be subject to provisions of this code not contained
in this section or chapter, including, but not limited to, the following:
1. Fire prevention code, Chapter 15.08;
2. Building regulations, Chapter 15.04;
3. Demolition and moving of buildings, Chapter 15.36;
4. Subdivision regulations, Title 16;
5. Building setback line (plan line), Chapter 17.74;
6. Street right-of-way dedication and improvement, Chapter 17.76;
7. Grading regulations, Section 15.04.0.40;
8. Architectural Review Commission, Chapter 2.48;
9. General Plan amendment regulations, Chapter 17.80;
10. Sign regulations, Chapter 15.40;
11. Condominium development and conversion regulations, Chapter 17.82;
12. Flood damage prevention regulations, Chapter 17.84;
EXHIBIT A
Page 21 of 44
�3�s
13. Downtown housing conversion permits, Chapter 17.86;
14. Growth management regulations, Chapter 17.88;
15. Resource deficiency, Chapter 2.44;
16. Environmental review guidelines, adopted by council Resolution 3919-1979.
17. Affordable housing incentives, Chapter 17.90
18. On-shore support facilities, Chapter 17.92
19. Development agreements, Chapter 17.94
B. Where provisions of this chapter conflict with provisions of other applicable laws, the more
restrictive provision shall prevail. (Ord. 1006 - 1 (part), 1984: prior code - 9202.5(A))
17.16.010 Density.
A. Determination of Allowed Development.
1. "Density" is the number of the dwelling units per net acre. In the C/OS and R-1 zones, each
dwelling counts as one unit. In the other zones, different size dwellings have unit values as follows:
a. Studio apartment, 0.50 unit;
b. One-bedroom dwelling, 0.66 unit;
C. Two-bedroom dwelling, 1.00 unit;
d. Three-bedroom dwelling, 1.50 units;
e. Dwelling with four or more bedrooms, 2.00 units.
2. The following procedure shall be used to determine the maximum development allowed on a given
lot or land area:
a. Determine the Average Cross-slope of the Site. "Average cross-slope" is the ratio, expressed as a
percentage of the difference in elevation to the horizontal distance between two points on the
perimeter of the area for which slope is being determined. The line along which slope is measure shall
run essentially perpendicular to the contours. (See cross-slope illustrations in the Grading Ordinance.)
i. Where a site does not slope uniformly, average cross-slope is to be determined by proportional
weighting of the cross-slopes of uniformly sloping subareas, as determined by the Community
Development Director.
ii. Cross-slope determinations shall be based on the existing topography of the net site area after
accounting for any approved on-site grading necessary to accommodate right-of-way improvements,
and before grading for other proposed on-site improvements.
iii. Cross-slope shall be calculated for net site area exclusive of right-of-way and creek areas.
1.Where a site is crossed by a creek, that portion of the creek between the top of bank on
either side of the creek channel shall not be part of the average cross-slope calculation or net
area.
iv. Slopes calculated to the nearest 0.5 percent shall be rounded up.
v. No slope-rated density reduction is required in the C/OS, C-R, C-C or PF zones.
vi. The maximum development allowed for each average cross-slope category is as follows:
EXHIBIT A
Page 22 of 44
TABLE 1
MAXIMUM RESIDENTIAL DENSITY FOR CROSS-SLOPE CATEGORIES
% Average Maximum Density
Cross Slope (units per net acre)
R-1 R-2,0 R-3 R-4
C-N,C-T
0 -15 7 12 18 24
16 -20 4 6 9 12
21 -25 2 4 6 8
26+ 1 2 3 4
By approving an administrative use permit, the director may grant exceptions to the reduction of
density with slope where the parcel in question is essentially surrounded by development at least as
dense as the proposed development. The exception shall not authorize density greater than allowed
for the category of less than fifteen percent slope for the appropriate zone. (See also Section
17.12.020D, Nonconforming Lots - Regulations.)
b. Determine the Net Area of the Site. "Net area" includes all the area within .the property lines of the
development site minus street right-of-way dedicated to the city. Net area includes the area occupied
by allowed nonresidential uses.
c. Multiply the resulting area (in whole and fractional acres) by the maximum density allowed (in units
per acre) according to the table in subsection A.1.a. of this section.
d. The resulting number (in dwelling units, carried out to the nearest one-hundredth unit) will be the
maximum residential development potential. Any combination of dwelling types and numbers may be
developed, so long as their combined unit values do not exceed the maximum potential.
B. Density Transfer.
1. Development potential may be transferred within the area covered by a planned development (PD)
zone, in conformance with the requirements of Chapter 17.50.
2. Where a portion of a lot is within a zone or zones that allow residential use and the rest of the lot
is in a C/OS zone, and the portion within the C/OS zone is not large enough to allow one dwelling, the
fractional dwelling unit potential from the C/OS zone may be transferred to the other portion of the lot,
without planned development rezoning.
C. Density Averaging. Where portions of a lot are within two or more different zones that allow
different maximum densities, and any portion is not of the size required for a lot in that zone, density
may be averaged over the whole lot, with each portion contributing to the overall maximum
development potential in proportion to its area and maximum allowed density.
D. Density Bonus for Low-income and Moderate-income Housing. Pursuant to California Government
Code Section 65915, the city may negotiate a density bonus or other benefits in exchange for
provision of housing affordable to households with low or moderate income, as defined in the
Government Code. (Ord. 1085 - 1 Ex. A (part), 1987; Ord. 1006 - 1 (part), 1984; Ord. 941 1 (part),
1982: prior code - 9202.5(6))
EXHIBIT A
Page 23 of 44
17.16.020 Yards.
A. Definitions and Purpose.
1. A "yard" is an area along a property line within which no structures, parking spaces or parking
backup spaces may be located, except as otherwise provided in these regulations. Yards are intended
to help determine the pattern of building masses and open areas within neighborhoods. They also
provide separation between combustible materials in neighboring buildings. Yards are further intended
to help provide landscape beauty, air circulation, views and exposure to sunlight for both natural
illumination and use of solar energy.
2. These regulations provide for two types of yards:
a. "Street yard" means a yard adjacent to a local street, state highway, or adopted setback line.
Frontages on Highway 101 are not street yards.
b. An "other yard" is any yard other than a street yard.
B. Measurement of Yards.
1. Street yards shall be measured from the right-of-way line or adopted setback line to the earest point
of the wall of any building.
2. Other yards shall be measured from the property line to the nearest point of the wall of any building.
3. The height of a building in relation to yard standards is the vertical distance from the ground to the
top of the roof, measured at a point which is a specific distance from the property line. Height
measurements shall be based on the natural topography of the site, before grading.
C. Yard Standards.
1. Street yards shall comply with the following:
TABLE 2
MINIMUM STREET YARDS
Zone Minimum Street Yard
R-1 20 feet
R-2 20 feet
14-3 15 feet
R-4 15 feet
C/OS 20 feet
0 15 feet
PF As provided in zone of adjacent lot'
C-N 10 feet
C-C As provided in zone of adjacent lot`
C-R . As provided in zone of adjacent lot'
C-T 10 feet
C-S See Chapter 17.46
M See Chapter 17.48
EXHIBIT A
Page 24 of 44
��'e78
•If the zone of adjacent lot does not have its own standard, no street yard is required. Lots separated
by streets or other rights-of-way are not considered adjacent. If more than one zone is adjacent, the
largest yard shall be required.
2. Other yards shall comply with the following:
TABLE 3
MINIMUM OTHER YARDS IN R-1 AND R-2 ZONES
Maximum Building Minimum Required
Height* Yard"
A point this high on Must be at least this far
the roof of a building: from the property line:
(feet) (feet)
1-12 5.0 (min.in R-1 & R-2)
13 5.5
14-15 6.0
16-17 7.0
18-19 8.0
20 8.5
21-22 9.0
23-24 10.0
25 10.5
26 11.0
27 11.5
28 12.0
29 12.5
30-31 13.0
32 13.5
33 140
34 14.5
35 15.0
*Building heights shall be rounded to the nearest whole foot.
"Yards shall be rounded to the nearest 0.5 foot.
TABLE 4
MINIMUM OTHER YARDS IN R-3, R-4, 0 AND C-N ZONES
Maximum Building Minimum Required
Height* Yard*•
A point this high on Must be at least this far the roof of a building: from the
property line:
(feet) (feet)
1-13 5 (min. yard)
14-15 5.5
16-17 6
EXHIBIT A
Page 25 of 44
�-3�9
18-20 6.5
21-22 7
23-24 7.5
25-26 8
27-29 8.5
30-31 9
32-33 9.5
34-35 (max. height) 10
*Building heights shall be rounded to the nearest whole foot.
**Yards shall be rounded to the nearest 0.5 foot.
TABLE 5
MINIMUM OTHER YARDS IN C/OS, PF, C-C, C-R, C-T, C-S AND M ZONES
Zone Minimum Other Yard
C/OS 20 feet
PF As provided in zone of adjacent lot'
C-C As provided in zone of adjacent lot'
C-R As provided in zone of adjacent lot'
C-T As provided in zone of adjacent lot'
C-S See Chapter 17.46
M See Chapter 17.48
•If the zone of adjacent lot does not have its own standard, no yard is required. Lots separated by
streets or other rights-of-way are not considered adjacent. If more than one zone is adjacent, the
largest yard shall be required.
3. All yards shall be landscaped or maintained in an orderly manner.
D. What may Occupy Yards.
1. Utility Structures. Components of public utility systems may be located within street yards when
approved by the architectural review commission.
2. Fences, Walls and Hedges. Fences, walls and hedges may occupy yards to the extent provided in
Section 17.16.050. (Vegetation may be controlled by the California Solar Shade Control Act.)
3. Signs. Signs in conformance with the sign regulations codified in Chapter 15.40 may occupy yards
to the extent provided in those regulations.
4. Architectural Features. The following and similar architectural features may extend into a required
yard no more than thirty inches:
a. Cornices, canopies, eaves, buttresses, chimneys, solar collectors, shading louvers, reflectors, water
heater enclosures, and bay or other projecting windows that do not include usable floor space (Figure
1).
EXHIBIT A
Page 26 of 44
ej
b. Fire escapes, uncovered balconies, uncovered porches, or unenclosed outside stairways and landings
may extend into the required yard not more than four feet or one-half the required yard distance,
whichever is less. (Figure 2)
c. Decks, planters and similar features less than thirty inches above,grade may be located within the
required yards.
5. Trash Enclosures. Trash enclosures which have been approved by the architectural review
commission may be located within a required yard, provided no part of the enclosure is less than three
feet from any right-of-way or adopted setback line.
6. Unenclosed Parking Spaces in Other Yards. Unenclosed parking spaces and parking aisles may be
located within other yards.
7. Unenclosed. Tandem Parking Spaces. For single dwellings where tandem parking is provided
pursuant to the parking standards, one unenclosed space may be located within the street yard.
8. Enclosed Parking Spaces in Street Yard Prohibited. In no case may an enclosed parking space from
which vehicles exit directly onto the street be located less than twenty feet from the street
right-of-way or setback line. In a flag lot subdivision, this setback requirement shall apply to the
access roadway.
E. Exception To Yard Requirements. These regulations provide two general types of exceptions to the
yard requirements: first, those which the property is entitled to because of physical circumstances,
and second, those which the city may approve upon request and subject to certain discretionary
criteria.
1. Exceptions Property May Be Entitled To.
a. Street Yards on Corner Lots Recorded Before April 1, 1965. On corner lots in the R-1 and R-2
zones, recorded before April 1, 1965, the street yard along the lot frontage having the longer
dimension shall be not less than ten feet, as in Figure 3.
b. Street Yards on Corner Lots Where Each Corner Lot has Its Longer Frontage Along the Cross Street.
In the R-1 and R-2 zones, when each corner lot on a cross street has its longer frontage along the
cross street, as in Figure 4, the street yard along the longest frontage shall be not less than ten feet.
c. Street Yard Averaging (developed areas). Where these regulations require street yards and where
buildings have been erected on at least one-half of the lots in a block as of the effective date of the
regulations codified in this section, the minimum required street yard shall be the average of the street
yards of the developed lots, but in no case less than ten feet nor more than would otherwise be
required.
2. Discretionary Exceptions.
a. Reduced Street Yards. Upon approval of a use permit, the director may allow street yards of not
less than ten feet, for structures and unenclosed parking spaces, including carports. Reductions may
be approved for garages, when the driveway is long enough to accommodate a parked car that doesn't
overhang the sidewalk.
EXHIBIT A
Page 27 of 44
�3 3�
b. Variable Street Yards in Subdivisions. In new residential subdivisions, the entity approving the
subdivision may approve variable street yards, to be noted on the approved map, provided the average
of the yards on a block is at least fifteen feet and no yard is less than ten feet.
c. Variable Other Yards In Subdivisions. In new residential subdiisions, the entity approving the
subdivision map may approve exceptions to the other yard standards, with the exceptions to be noted
on the map, provided a separation of at least ten feet between buildings on adjacent lots will be
maintained and an acceptable level of solar exposure will be guaranteed by alternative yard
requirements or private easements.
d. Other Yard Variations in Previously Subdivided Areas. Upon approval of a use permit, the director
may allow other yards to be reduced to zero under either of the following circumstances:
L When there exists adequate recorded agreement running with the land to maintain at least ten feet
of separation between buildings on adjacent parcels; or
ii. When the reduction is for a minor addition to an existing legal structure which is non-conforming
with regard to yard requirements and provided that the director makes the following findings:
-that the minor addition is a logical extension of the existing non-conforming structure;
-that no useful purpose would be realized by requiring the full yard; and
-that no significant fire protection, emergency access, privacy or security impacts are likely from the
addition;
-that it is impractical to obtain a ten-foot separation easement pursuant to subsection "i" above.
All such additions shall comply with applicable provisions of Title 15, Building and Construction
Regulations, of this code (see also Chapter 17.14, Non-conforming structures).
e. Other Yard Building Height Exceptions. Upon approval of a use permit, the director may allow
exceptions to the standards provided in Tables 3, 4, and 5 of subsection C2 of this section. Such
exceptions may be granted in any of the following and similar circumstances:
i. When the property that will be shaded by the excepted development will not be developed or will
not be deprived of reasonable solar exposure, considering its topography and zoning;
ii. When the exception is of a minor nature, involving an insignificant portion of total available solar
exposure;
iii. When the properties at issue are within an area where use of solar energy is generally infeasible
because of landform shading;
iv. When adequate recorded agreement running with the land exists to protect established solar
collectors and probable collector locations;
v. When the property to be shaded is a street.
f. Intersection Visibility. At the intersections not controlled by a stop sign or traffic signal, no plant,
structure or other solid object over three feet high which would obstruct visibility may be located
EXHIBIT A
Page 28 of 44
C 33a-
within the area indicated in Figure 8. At controlled intersections, the city engineer may determine
visibility requirements for proper sight distance. (Note: Yard requirements may also be modified by
variance, Chapter 17.60; planned development, Chapter 17.62; specific plan, Chapter 17.52; or
special consideration zone, Chapter 17.56.) (Ord. 1102 - Ex. A(7), (8), 1987; Ord. 1085 - 1 Ex. A
(part), 1987; Ord. 1009 - 1, 1984; Ord. 1006 - 1 (part), 1984; Ord. 941 - 1 (part), 1982: prior code
- 9202.5(C))
17.16.030 Coverage.
A. Definition. "Coverage" means the area of a lot covered by structures, including accessory
structures, expressed as a percentage of the total lot area. Any part of a deck, balcony, or eave which
is less than thirty inches from the ground shall not be included in the determination of coverage.
Portions of such structures which are more than thirty inches from the ground shall be included in the
determination of coverage only if they are more than thirty inches from a building wall; otherwise they
shall not be included. (See Figures 5 and 6.) (Ord. 1006 - 1 (part), 1984; Ord. 941 - 1 (part), 1982:
prior code - 9202.5(D))
B. Application and Exception. Maximum coverage shall be as provided in the specific property
development standards for the various zones in Chapters 17.24 through 17.56 inclusive, except that
the Planning Commission may grant exceptions to maximum coverage for churches, synagogues,
temples, etc., in any zone, subject to approval of a use permit.
17.16.040 Height.
The height of a building is the vertical distance from the average level of the ground under the building
to the topmost point of the roof. The average level of the ground is determied by adding the elevation
of the lowest point of the part of the lot covered by the building to the elevation of the highest point
of the part of the lot covered by the building, and dividing by two. (See Figure 7.) Height
measurements shall be based on natural topography of the site, before grading.
See also Section 17.16.020 for relationship of yards and building height.
Components of solar energy systems, chimneys, screened mechanical equipment, vents, antennae and
steeples shall extend not more than ten feet above the maximum building height.
Commercial and governmental agency antennae may exceed the height limits for the zone in which
they are located if such an exception is approved by the director.
Any other exception to the height limits requires approval of a variance as provided in Chapter 17.60.
For height limits of signs,see Chapter 15.40. Sign Regulations. (Ord. 1085- 1 Ex. A (part), 1987; Ord.
1006 - 1 (part), 1984; Ord. 941 - 1 (part), 1982: prior code - 9202.5(E))
EXHIBIT A
Page 29 of 44
C'3-�3
17.16.050 Fences, walls and hedges.
A. Fences, walls or hedges may be placed within required yards, provided:
1. The maximum height in any street yard shall be as shown in Figure 9;
2. The maximum height in any other yard shall be six feet;
B. Fences or walls may be placed outside required yards, provided:
1. The maximum height is eight feet.
2. Where the wall is connected to and a part of the house, it may be any height allowed in the
underlying zone.
C. Where fences or walls are located on retaining walls, the height of the retaining wall shall be
considered as part of the overall height of the fence or wall;
D. The Director may grant exceptions to these standards-subject to a finding that no public purpose
would be served by strict compliance with
these standards.
E. A public notice shall be posted at the site of each proposed fence height exception. If anyone
informs the Community Development Department of a reasonable objection concerning the proposed
fence height exception within five days of the posting, the director shall schedule a hearing for the
application as provided for administrative use permits. If no questions or objections are received by
the Community Development Department within five days after posting, the Director may issue a letter
of approval upon submission of all required information and without further notice or public hearing.
(Ord. 1006 - 1 (part), 1984; Ord. 941 - 1 (part), 1982: prior code - 9202.5(F))
17.16.060 Parking space requirements
A. Intent. This section is intended to ensure provision of adequate off-street parking, considering the
demands likely to result from various uses, combinations of uses, and settings. It is the city's intent,
where possible, to consolidate parking and to minimize the area devoted exclusively to parking and
drives when typical demands may be satisfied more efficiently by shared facilities.
B. Shared parking reduction. Where two or more uses share common parking areas, the total number
of parking spaces required may be reduced by up to 10%, with approval of an administrative use
permit. Where shared parking is located on more than one parcel, affected parties must record an
agreement governing the shared parking, to the satisfaction of the Director.
C. Mixed-use parking reduction. By approving an administrative use permit, the Director may reduce
the parking requirement for projects sharing parking by up to 20 percent, in addition to the shared
parking reduction, for a total maximum parking reduction of 30%, upon finding that the times of
maximum parking demand from various uses will not coincide.
D. Off-site Parking. The Director may, by approving an administrative use permit, allow some or all
of the required parking to be located on a site different from the use. Such off-site parking shall be
within a zone where the use is allowed or conditionally allowed, or within an office, commercial or
EXHIBIT A
Page 30 of 44
L'3 3t7
manufacturing zone. It shall be within three hundred feet of the use and shall not be separated from
the use by any feature which would make pedestrian access inconvenient or hazardous. The site on
which the parking is located shall be owned, leased or otherwise controlled by the party controlling the
use. (Ord. 1006 - 1 (part), 1984; Ord. 941 - 1 (part), 1982: prior code - 9202.5(G))
E. Bicycle and Motorcycle Spaces. Each use or development which requires ten or more spaces shall
provide facilities for parking bicycles and motorcycles at the rate of one bicycle space and one
motorcycle space for each twenty car spaces. Projects which provide more bicycle and/or motorcycle
spaces than required may reduce the required car spaces at the rate of one car space for each five
motorcycle or bicycle spaces, up to a ten percent reduction.
F. Requirements by Type of Use. Except as otherwise provided in these regulations, for every
structure erected or enlarged and for any land or structure devoted to a new use requiting more spaces
according to the schedule set out in this subsection, there shall be provided the indicated minimum
number of off-street parking spaces located on the site of the use.
The right to occupy and use any premises shall be contingent on preserving the required parking. In
no case may required parking spaces for a use be rented or leased to off-site uses or used for other
purposes.
Parking in addition to these requirements may be required as a condition of use permit approval.
G. Uses Not Listed.
The Director shall determine the parking requirement for uses which are not listed. His/her
determination shall be based on similarity to listed uses, and may be appealed to the Planning
Commission.
H. Parking calculations.
1. The parking requirement is based on the gross floor area of the entire use, unless stated otherwise.
2. When the calculation of required parking results in a fractional number, it shall be rounded to the
next highest whole number if the fraction is one-half or more; otherwise it shall be rounded down to
the next lowest whole number.
3. Where there has been a reduction in required parking, all resulting spaces must be available for
common use and not exclusively assigned to any individual use.
I: Tandem parking.
For residential uses, when parking spaces are identified for the exclusive use of occupants of a
designated dwelling, required spaces may be arranged in tandem (that is, one space behind the other)
subject to approval of the Community Development Director.
J. Elderly housing parking.
Housing occupied exclusively by persons aged sixty-two or older may provide one-half space per
dwelling unit or one space per four occupants of a group quarters.
EXHIBIT A
Page 31 of 44
K. Low-income housing parking.
Housing occupied exclusively by very low or low-income households, as defined by the State, may
provide one car and one bicycle space per dwelling unit.
L. Additions and Changes in Use for Existing Uses or Structures which do not meet current parking
standards.
1. Minor additions. Minor additions to existing legal structures or uses which are non-conforming
because they do not meet current parking standards may be permitted if they meet the following
requirements:
a. The parking spaces required for the addition are provided in conformance witli this chapter, in
addition to all parking spaces already provided for the existing use or structure; and
b. All existing parking shall be in substantial compliance with parking and driveway standards; and
c. The addition is not more than 25 percent of the existing gross floor area or 1000 square feet,
whichever is greater; and
d. For residential projects, at least one legally conforming space is provided for each existing unit in
addition to all parking required for the addition itself;
2. Larger additions. Existing legal structures or uses which are non-conforming because they do not
meet current parking standards may be expanded more than 25 percent of-the existing gross floor area
or 1000 square feet, subject to the following:
a. All existing parking shall be in substantial compliance with parking and driveway standards; and
b. All required parking for the existing use or structure plus that required for the addition is provided;
or an administrative use permit is obtained and parking is provided pursuant to the following chart:
parking provided for parking provided for
Increase in gross addition in addition existing use or
floor area to existing parking structure is at least
25 - 49% 100% . 50%
50 - 74% 100% 75%
> 75% 100% 100%
and for residential projects, at least one legally conforming space is provided for each existing unit in
addition to all parking required for the addition itself.
3. Use changes. Changes in use, which increase the total parking demand, from existing, legal uses
which are non-Informing because they do not meet current parking requirements may be permitted
so long as the number of spaces equal to the difference between the number required by the previous
use and the number required by the new use is provided, in addition to all spaces already provided for
the previous use. (Ord. 1122 - 1 Ex. A(part), 1988; Ord. 1114 - 1 Ex. A. 1988: Ord. 1102 - 1 Ex.
A(10), (11),1987: Ord. 1085 - 1 Ex. A (part), 1987: Ord. 1006 - 1 (part), 1984: Ord. 941 - 1 (part),
1982: prior code - 9202.5(G))
EXHIBIT A
Page 32 of 44
C3-3�6
17.16.070 Parking and driveway design and exceptions.
A. Parking and driveway design and requirements for permits shall be as provided in the parking
standards adopted by council resolution.
B. The director may grant exceptions to the standards subject to appropriate conditions and upon
finding that:
1. The exception will not constitute a grant of special privilege inconsistent with the driveway or
parking limitations upon other properties in the vicinity;
2. The exception will not adversely affect the health, safety or general welfare of persons working or
residing in the vicinity; and
3. The exception is reasonably necessary for the applicants full enjoyment of uses permitted upon
his/her property. (Ord. 1006 - 1 (part), 1984; Ord. 941 - 1 (part), 1982: prior code - 9202.5(H))
17.16.090 Screening of outdoor sales and storage.
Screening shall be required for all outdoor sales and storage. Such screening shall consist of a solid
fence, wall or mature hedge or other screen planting at least six feet high. The community
development director may waive the screening requirement when the use customarily is not screened
from public view, such as auto sales or displays at service stations. The community development
director may defer the screening requirement where the sales or storage is adjacent to vacant land and
where it is not visible from a public street. Such waiver or deferral may be by approval of whateve
type of use permit may be required for the use. If no use permit is required, the waiver or deferral shall
be in writing and shall set forth the circumstances justifying the action. (Ord. 1006 - 1 (part), 1984;
Ord. 941 - 1 (part), 1982: prior code - 9202.5(J))
17.16.100 Utility services.
A. All new or remodeled, altered or enlarged buildings or structures requiring electric, communication,
TV and/or other utility services shall have such services supplied from service laterals placed
underground from the building or structure to the sidewalk area. Where the utility company's
distribution system is underground,the service laterals shall terminate at a location in the sidewalk area
designated by the utility company. Where the utility company's distribution system is overhead, the
service laterals shall terminate as a pole riser on a pole designated by the utility company.
Exceptions:
1. Buildings and structures located in residential and conservation/open space zones;
2. Buildings or structures being remodeled, altered or enlarged, where the value of the remodel,
alteration or addition is fifty thousand dollars or less.
B. All conduits, conductors and associated equipment necessary to receive utility service by means of
the underground service lateral shall be provided by the person or persons responsible for building or
remodeling.
Exception: Conduits, conductors and associated equipment normally furnished by the utility company.
(Ord. 1006 - 1 (part), 1984; Ord. 941 - 1 (part), 1982; prior code - 9202.5(K))
EXHIBIT A
Page 33 of 44
17.16.110 Satellite Dish Antenna
A. Purpose
To establish regulations which regulate the installation of dish-type satellite antenna to help protect
public safety and preserve view corridors and neighborhood character.
B. Definition
1. A satellite dish antenna is a device incorporating a reflective surface that is solid, open mesh, or
bar-configured and is in the shape of a shallow dish, cone, horn or cornucopia, that is used to transmit
and/or receive radio microwave, or other electromagnetic waves between terrestrially and/or orbitally
based use.
C. Residential Performance Standards
The installation of dish-type satellite antenna may be permitted in all residential zones subject to the
following criteria:
1. Antenna size: Maximum diameter to be ten feet.
2. Setback: No part of a satellite dish antenna may be located in any required street or other yard.
Antennas located outside a street yard setback but between the residence and the street are
prohibited.
3. Height: Maximum antenna height to be thirteen feet. All satellite dishes higher than side or rear
yard fences shall be screened from neighboring properties. Roof-mounted installations or pole-mounted
installations attached to eaves are prohibited except by use permit. Any antenna which may block
significant views from neighboring buildings or from public areas shall be subject to architectural
review.
4. One dish type satellite antenna .is allowed per site, in addition to normal television and radio
antennas.
D. Commercial Performance Standards.The installation of dish-type satellite antenna may be permitted
in the Office, Commercial, and Industrial zones subject to the following criteria:
1. Installation shall be subject to architectural review in accordance with the adopted Architectural
Review Commission Ordinance and guidelines.
2. Installations shall not be permitted within streetyard.
3. Installations shall be located so as to minimize visibility from adjoining properties and rights-of-way.
E. Exceptions. Dish-type satellite antenna installations which cannot meet the performance standards
included in paragraphs C and D above, may be considered if an administrative use permit is obtained
as outlined by Chapter 17.58.. Conditions imposed as part of use permit approval would typically
include requirements to minimize the visibility of the installation, including blockage of significant public
and private views of hillsides, city vistas; or open space areas. Acceptable techniques to reduce the
visibility of dish installations include use of alternative materials (wire mesh instead of solid surface),
painting the dish in a subdued or natural color, and landscaped screening.
EXHIBIT A
Page 34 of 44
ers'J O
F. Open Space/Conservation Standards. The installation of dish-type satellite antennas may be
permitted in the Open Space/Conservation zone subject to an administrative use permit and subject
to architectural review in accordance with the adopted ARC ordinance and guidelines.
G. Building Permit Required. All satellite dish installations require issuance of a building permit. This
is to insure that dishes are structurally sound and properly grounded. Plans submitted for a building
permit for a roof-mounted or pole-mounted installation require certification by a registered engineer.
(Ord. 1107 - 1 Ex. A, 1987)
Chapter 17.18
PERFORMANCE STANDARDS
Sections:
17.18.010 Noise.
17.18.020 Vibration.
17.18.030 Illumination.
17.18.040 Air Contaminants.
17.18.050 Discharges to water or public sewer system.
17.18.060 Heat.
17.18.070 Solid waste.
17.18.080 Energy conservation.
17.18.090 General and special conditions.
17.18.010 Noise.
A. No use shall be established nor any activity conducted which violates the standards of the noise
ordinance (Chapter 9.12 of this code). (Ord. 1102 - 1 Ex. A(13), 1987: Ord. 941 - 1 (part), 1982: prior
code - 9202.6(A))
17.18.020 Vibration.
Subject to the exceptions in subsection C of Section 17.18.010, no activity shall be conducted which
causes ground vibrations perceptible at the property line. (Ord. 941 - 1(part), 1982: prior code -
9202.6(B))
17.18.030 Illumination.
No lighting or illuminated device shall be operated so as to create glare which creates a hazard or
nuisance on other property. (Ord. 941 - 1(part), 1982: prior code - 9202.6(C))
17.18.040 Air contaminants.
A. No use or activity shall be conducted without first obtaining any required permit from the county
air pollution control district.
B. Uses shall be conducted to prevent dust or other airborne material from crossing property lines.
(Ord. 941 - 1(part), 1982: prior code - 9202.6(D))
EXHIBIT A
Page 35 of 44
c349
17.18.050 Discharges to water or public sewer system.
A. Discharges to groundwater or waterways, whether direct or indirect, shall conform with the
requirements of the Regional Water Quality Control Board and the California Department of Fish and
Game.
B. Discharges to the city sewer system shall conform to Article II of Chapter 13.08 of this code. (Ord.
941 - 1(part), 1982: prior code - 9202.6(E))
17.18.060 Heat.
No activity shall be conducted which causes radiant heat or a stream of heated:air resulting in a
temperature increase of more than twenty degrees Fahrenheit at any property line or any public
right-of-way. (Ord. 941 - 1(part), 1982: prior code - 9202.6(F))
17.18.070 Solid waste.
Solid wastes shall be handled and stored so as to prevent nuisances, health and fire hazards, and to
facilitate recycling. Suitable containers shall be provided to preventblowing or scattering of trash by
animals. Suitable space and containers shall be provided to encourage on-site sorting and collection
of recyclables. (See also Chapter 8.04) (Ord. 941 - 1(part), 1982: prior code - 9202.6(G))
17.18.080 Energy conservation.
The use of conventional energy sources for space heating and cooling, water heating, and illumination
shall be minimized by means of proper design and orientation, including provision and protection of
solar exposure.
17.18.090 General and special conditions.
These performance standards are general requirements and shall not be constued to prevent the
director, council, planning commission, or architectural review commission from imposing, as part of
project approval, specific conditions which may be more restrictive, in order to meet the intent of these
regulations. (Ord. 941 - 1(part), 1982: prior code - 9202.6(H))
Chapter 17.20
RESIDENTIAL OCCUPANCY STANDARDS
Sections:
17.20.010 Group housing - Permitted upon approval of use permit.
17.20.020 Group housing - Occupancy limits.
EXHIBIT A
Page 36 of 44
17.20.010 Group housing - Permitted upon approval of use permit
Group housing (such as dormitory, rest home, boardinghouse or fraternity) which is occupied by six
or more individuals may be permitted upon approval of whatever type of use permit is required by the
zone district provisions. (Ord. 941 - 1(part), 1982: prior code - 9202.7(A))
17.20.020 Group housing - Occupancy limits
Use permits for group housing shall stipulate a maximum occupancy. For purposes of this section,
residential care facilities will not be considered "group housing". The occupancy limits shall reflect
habitable space within buildings and available parking and shall not exceed the following standards
based on the general plan:
TABLE 8
MAXIMUM POPULATION DENSITY FOR EACH ZONE
Maximum Population Density Zone
(persons per net acre)
R-1 21
R-2, 0, C-N, C-T 25
R-3 40
R-4, C-R, C-C 55
(Ord. 941 - 1(part), 1982: prior code - 9202.7(B))
Chapter 17.30
HIGH-DENSITY RESIDENTIAL (R-4) ZONE
Sections:
17.30.010 Purpose and application.
17.30.020 Property development standards.
17.30.010 Purpose and application.
The R-4 zone is intended to provide housing opportunities for smaller households disiring little private
open space and to provide various types of group housing. It is further intended to allow for
concentrations of housing close to concentrations of employment and college enrollment, in areas
largely committed to high-density residential development. It will be applied to areas designated
"high-density residential" on the general plan map. Ord. 941 - 1 (part), 1982: prior code - 9203.4(A))
17.30.020 Property development standards.
The property development standards for the R-4 zone are as follows:
EXHIBIT A
Page 37 of 44
C 3-�/
A. Maximum density: Twenty-four dwelling units per net acre (see also Section 17.16.010).
B. Yards: See Section 17.16.020.
C. Maximum height: Thirty-five feet (see also Sections 7.16.020 and 17.16.040).
D. Maximum coverage: Sixty percent (see also Section 17.16.030).
E. Parking requirements: See Section 17.16.060. (Ord. 941 - 1 (part), 1982: prior code - 9203.4(8))
Chapter 17.56
SPECIAL CONSIDERATION (S) ZONE
Sections:
17.56.010 Purpose and application.
17.56.020 Allowed uses.
17.56.030 Property development standards.
17.56.040 Procedure -Subdivisions -Waiver of use permit requirement when property subject to
subdivision map application.
17.56.010 Purpose and application.
The S zone has two purposes:
A. In combination with any zone, to. require approval of an administrative use permit before any use
may be established. The use permit requirement is intended to assure compatibility of the use with
its surroundings or conformance with the general plan, or to determine if a proposed development
solves problems such as noise exposure, flood hazard, airport hazard, or slope instability which are
particularly severe on a given site. Such development review may also be used to protect areas of
scenic or ecological sensitivity, wildlife habitat, or wildland fire hazard.
The ordinance adopting the S zone will specify the considerations to be addressed, and the ordinance
number will be incorporated in the official zone map designation:
B. In combination with any other zone, to require a larger minimum parcel size than required by the
underlying zone. In such cases it will be designated on the zone map as, for example, R-1-S-3, which
indicates a minimum parcel size of three acres. (Ord. 941 - 1 (part), 1982: prior code - 9203.17(A))
17.56.020 Allowed uses.
Subject to approval of an administrative use permit, any allowed or conditionally allowed use in the
underlying zone may be established. (Ord. 941 - 1 (part), 1982: prior code - 9203.17(8))
EXHIBIT A
Page 38 of 44
(. � 1�
17.56.030 Property development standards.
As provided in Sections 17.58.020 through 17.58.080,the administrative hearing officer may establish
conditions relating to improvements, building location, access, and so on, which are more restrictive
than provided in the underlying zone, in order to fulfill the intent of these regulations. (Ord. 941 - 1
(part), 1982: prior code - 9203.17(C))
17.56.040 Procedure -Subdivisions -Waiver of use permit requirement when property subject to
subdivision map application.
The director may waive the requirement for a use permit when property proposed for development is
the subject of a subdivision map application. (Ord. 941 - 1 (part), 1982: prior code - 9203.17(D))
Chapter 17.58
USE PERMITS
Sections:
17.58.010 Purpose and intent.
17.58.020 Application form.
17.58.030 Procedures.
17.58.040 Findings.
17.58.050 Conditions of approval.
17.58.060 Criteria for approval.
17.58.070 Requirement for and compliance with use permits.
17.58.010 Purpose and intent.
It is intended that use permits allow flexibility in providing for, regulating, or preventing various uses,
so they will be compatible with existing or desired conditions in their neighborhoods. Use permit
approval is required for certain uses so that their detrimental effects can be reduced or avoided and
potential conflicts in land use can be prevented. This is necessary because of the wide variety of uses
that are allowed within zone districts and because of the variety of existing sites and uses found in the
community. (Ord. 941 - 1 (part), 1982: prior code - 9204.2(A))
17.58.020 Application form.
Application shall be made to the community development department in the form prescribed by the
director, including, as may be necessary, site plans, written descriptions of activities to be conducted,
technical studies of site characteristics, and.so on. (Ord. 941 - (part), 1982: prior code - 9204.2(B))
17.58.030 Procedures.
A. Administrative Use Permit.
EXHIBIT A
Page 39 of 44
1. Before acting on any use permit application, the director shall hold a hearing at which information
and arguments may be presented. Notice of the time, date, place and purpose of the hearing shall be
given by posting the property and by publishing an advertisement in a newspaper of general circulation
at least five days before the hearing.
2. Decisions of the director shall be rendered in writing within ten days of the hearing. They shall state
the conditions of approval, if any, or the reasons for denial. The director's decision shall be final unless
appealed.
3. At his or her discretion, the director may refer an administrative use permit to the planning
commission, pursuant to the requirements in subsection B of this section, when he/she determines the
application involves a major policy issue or public controversy that would be resolved more suitably
by the commission.
B. Planning Commission Use Permits.
1. Before acting on any use permit application, the planning commission shall hold a public hearing
conducted according to its bylaws. Notice of the time, date, place and purpose of the hearing shall
be given by posting the property and publishing an advertisement in a newspaper of general circulation
at least ten days before the hearing.
2. Decisions of the planning commission shall be rendered in writing within ten days of the hearing.
They shall state the conditions of approval, if any, or the reasons for denial. The planning
commission's decision shall be final unless appealed.
3. When a use permit or variance is before the planning commission, the commission may act to
impose additional or relax any property development standards capable of being so altered under
relevant sections of these regulations (see Chapters 17.16 and 17.60). The intent of this provision
is to enable the commission to deal with various aspects of project design in a comprehensive way,
without postponement of action on a project for separate hearings. Use permit and variance findings
and procedures shall apply as provided in relevant sections of these regulations.
Public notice for use permit and variance applications, in order to fulfill the intent of this setion, shall
be sufficiently general so the public will be aware of the type of project proposed and the types of
actions the commission may take, without further notice, to approve or conditionally approve the
project.
Likewise, on appeal, the council may act to alter property development standards by variance or use
permit if a variance or use permit application is under consideration, (Ord. 941 - 1 (part), 1982: prior
code - 9204.2(C))
C. Expiration of use permit.
1. When a use, that was allowed by approval of a use permit, ceases operation for one year or such
other time period as specified in the conditions of approval, then reinstatement of that use will be
allowed only with approval of a new use permit.
2. The Community Development Director may extend the one-year limit stated in C.1, above, upon
receipt of a written request, upon finding that circumstances have not changed significantly since the
time the use ceased operation.
EXHIBIT A
Page 40 of 44
17.58.040 Findings.
In order to grant a use permit, the director or planning commission, or on appeal, the council, must find
that the proposed use will not be detrimental to the health, safety or welfare of persons working or
living at the site or within the vicinity. The director, planning commission or council may deny the
proposal or attach conditions as deemed necessary to secure the purposes of these regulations.
Actions on use permits shall be justified by written findings, based on substantial evidence in view of
the whole record. (Ord. 1124 - 1 Ex. A (part), 1988; Ord. 941 1 (part), 1982: prior code -
9204.2(D))
17.58.050 Conditions of approval
Conditions imposed by the director, planning commission or council may include, but are not limited
to, the following:
A. Modification or limitation to activities, including times and types of operation;
B. Special yards or open spaces;
C. Fences, walls or landscape screens;
D. Provision and arrangement of parking and vehicular and pedestrian circulation;
E. On-site or off-site street, sidewalk or utility improvements and maintenance agreements;
F. Noise generation and attenuation;
G. Dedication of right-of-way or easements or access rights;
H. Arrangement of buildings and use areas on the site;
I. Special hazard reduction measures, such as slope planting;
J. Minimum site area;
K. Other conditions which may be found necessary to address unusual site conditions.
L. Establishment of an expiration date, after which the use must cease at that site.
M. Recycling and solid waste plans.
Conditions may not be imposed that restrict the use to a specific person or group. (Ord. 941 - 1 (part),
1982: prior code - 9204.2(E))
17.58.060 Criteria for approval.
In deciding whether a proposal is acceptable at a given location, the director, planning commission and
council shall consider whether the proposal could be established and maintained without jeopardy to
persons or property within or adjacent to the proposed site and without damage to the resources of
the site and its surroundings. Appropriate criteria may be found in the following sources, without
limitation:
EXHIBIT A
Page 41 of 44
A. General plan elements (such as land use, circulation, housing, noise, seismic safety, public safety,
open space and conservation):
B. Specific plans and special duties;
C. Standards and recommendations of agencies commenting on environmental documents for the
proposal or for similar projects. (Ord. 941 - 1 (part), 1982: prior code - 9204.2(F))
17.58.070 Requirement for and compliance with use permits
A. For any given development or proposed use,when more than one use permit - inpluding more than
one type of use permit - is required by individual sections of these regulations, only one use permit
application need be filed and acted upon. If both an administrative use permit or permits would
simultaneously be required by separate sections, one planning commission use permit shall be
processed to cover all requirements. If both an administrative use permit._ or permits for site
development exceptions, and review by the Architectural Review Commission are required, then only
the architectural review application need be filed.
B. The modification or addition to a use requiring use-permit approval shall itself be subject to use-
permit approval. The addition of an allowed use to a premises occupied by a conditionally allowed use
shall require use-permit approval of the type required for the existing use. The director shall determine
when such an addition or change is of such a minor or incidental nature that the intent of these
regulations can be met without further use permit control.
C. Any conditions established pursuant to these regulations shall be met before the use is established,
except that the director, planning commission, or on appeal, the council, may establish a schedule for
certain conditions to be met after establishment of the use. Continuance of the use shall then be
contingent on complying with the schedule for meeting deferred conditions.
D. If the use or structure authorized by use permit is not established within one year of the date of
approval or such longer .time as may be stipulated as a condition of approval, the use permit shall
expire. Upon written request received prior to expiration, the director may grant renewals of use
permit approval for successive periods of not more than one year each. Approvals of such renewals
shall be in writing and for a specific period. Renewals may be approved with new or modified
conditions upon a finding that the circumstances under which the use permit was originally approved
have substantially changed. Renewal of a use permit shall not require public notice or hearing, unless
the renewal is subject to new or modified conditions. In order to approve a renewal, the director must
make the findings required for initial approval. (Ord. 941 1 (part), 1982: prior code - 9204.2(G))
Chapter 17.62
PLANNED DEVELOPMENT
Sections:
17.62.010 Preliminary development plan.
EXHIBIT A
Page 42 of 44
-3-f��
17.62.020 Actions of the planning commission.
17.62.030 Actions of the council.
17.62.040 Required findings.
17.62.050 Requirement for development plan.
17.62.060 Final development plan.
17.62.070 Phasing.
17.62.080 Amendment of final development plan.
17.62.090 Revocation of PD zoning.
17.62.010 Preliminary development plan.
Application for planned development shall be made to the community development department and
shall consist of a preliminary development plan, to include:
A. A legal description of the total site involved;
B. A statement of the objectives to be achieved by the planned development through the particular
approach to be used by the applicant;
C.A schedule indicating the approximate dates when construction of the development or stages of the
development are to be started and completed;
D. A quantified description of the total number and type of dwelling units, parcel sizes, coverage,
modified and natural open space, grading, residential densities, and areas devoted to nonresidential
uses;
E. Identification of portions of the development which would otherwise require a variance, and reason
for the deviation from normal standards;
F. A site plan and supporting maps, drawn to a suitable scale and clearly labeled, showing, if
applicable:
1. Existing site conditions, including contours, vegetation and water courses;
2. Proposed lot designs;
3. Location and floor area of existing and proposed buildings or outlines of areas within which buildings
may be located;
4. Location and size of all areas to be conveyed or reserved as common open spaces or for public or
semipublic uses;
5. Existing and proposed circulation system of arterial, collector, and local streets; off-street parking,
loading, and emergency access areas; points of access to public rights-of-way; proposed ownership
of circulation routes;
6. Existing and proposed sidewalks and paths;
7. Existing and proposed utility systems, including sanitary sewer, storm drainage, water, electricity,
gas and telephone;
EXHIBIT A
Page 43 of 44
L'3 4t7
8. A general landscape plan;
9. A general grading plan;
G. Information on land area adjacent to the proposed development, indicating important relationships
between the proposal and surrounding land uses, circulation systems, public facilities and natural
features;
H. Any additional information which may be required by the director to evaluate the character and
impact of the planned development. (Ord. 941 1 (part), 1982: prior code - 9204.4(A))
EXHIBIT A
Page 44 of 44
C3-y8