HomeMy WebLinkAbout01/04/2000, 1 - AMENDMENTS TO THE ZONING REGULATIONS (TA 191-99) FOR IMPROVED CONSISTENCY WITH THE GENERAL PLAN AND STATE LAW; CLARIFICATIONS AND CORRECTIONS; AND THE ESTABLISHMENT OF AN AGRICULTURAL ZONING DISTRICTcouncil
j acEnba PEpont -
C I T Y OF SAN L U IS O B 1 S P 0
FROM: Arnold Jonas, Community Development Director °
Prepared by: Whitney McIlvaine, Associate Planner v,/'
SUBJECT: AMENDMENTS TO THE ZONING REGULATIONS (TA 191 -99)
FOR IMPROVED CONSISTENCY WITH THE GENERAL PLAN AND STATE LAW;
CLARIFICATIONS AND CORRECTIONS; AND THE ESTABLISHMENT OF AN
AGRICULTURAL ZONING DISTRICT
CAO RECOMMENDATION
Introduce an ordinance to print amending and updating various sections of the Zoning
Regulations and adopting a Negative Declaration of environmental impact (ER 191 -99).
DISCUSSION
General Plan policies, changes in State law, and requests for clarification have prompted
this set of proposed amendments to the Zoning Regulations. Amendments require City
Council adoption of an ordinance.
Proposed Amendments
All proposed changes are described in detail in the attached legislative draft. Added text
is . Deleted text is lined emt. Preceding each section to be changed is an
explanation of the proposed change in italics. Most changes are minor in nature and/or
primarily for clarification, such as:
1. Deleting mineral mining as an allowable use within city'limits, as directed by general
plan policies;
2. Clarifying the difference between "existing" and "natural" topography for purposes of
building height calculations;
3. Clarifying the difference between "dwelling" and "density unit;"
4. Simplifying the calculation for coverage;
5. Revising sections on day care to reflect current State law definitions;
6. Eliminating the distinction between animal hospitals and veterinarians since the uses
function in essentially the same manner; and
7. Correcting section references.
1 -1
Zoning Text Amendments I, 191 -99
January, 2000
Page 2 _
Some proposed changes are more significant, including:
1. Adding an Agricultural (AG) Zone, as directed by general plan polices;
2. Adding floor area ratio standards, as directed by general plan policies;
3. Deleting the requirement for an administrative use permit for development of a
nonconforming lot because this requirement does not serve a useful purpose given
applicable property development standards;
4. Amending sections related to side and rear yard setbacks to better clarify under what
circumstances and to what extent exceptions may be warranted; and
5. Adding findings for creek setback exceptions consistent with Open Space Element
policies.
CONCURRENCES
The Planning Commission reviewed the proposed' changes on December 1., 1999. The
Commission recommended the addition of bed and breakfast inns, caretakers' quarters,
and parks as allowed or conditionally allowed uses in the Agriculture zone. The attached
ordinance and legislative draft reflect those changes. The Commission also questioned
parking requirements for residential care and day care facilities, but made no changes to
the current requirements. All other proposed amendments were unanimously
recommended for approval.
FISCAL IMPACT
No significant fiscal impacts are anticipated as a result of these amendments.
ALTERNATIVES
1. Continue with additional direction to staff if more information is needed.
2. Deny the proposed amendments to the Zoning Regulations. This alternative is not
recommended since proposed changes would improve consistency with the General
Plan and State law and would provide clarification requested by applicants.
ATTACHMENTS
Draft ordinance
Planning Commission resolution
Legislative draft of proposed changes to the zoning regulations
Draft Planning Commission minutes for the December 1, 1999 meeting
Initial Study
1 -2
ORDINANCE NO. (2000 SERIES)
AN ORDINANCE OF THE CITY OF SAN LUIS OBISPO
AMENDING THE ZONING REGULATIONS TEXT
TO CLARIFY WORDING, CORRECT ERRORS, AND IMPROVE CONSISTENCY WITH
STATE LAW AND THE GENERAL PLAN.
(TA 191 -99)
WHEREAS, the Planning Commission conducted public hearings on December 1, 1999,
and recommended approval of the text amendments (TA 191 -99); and
WHEREAS, the City Council has held a hearing on January 4, 2000 to consider the zoning
text amendment TA 191 -99, amending various sections of the Zoning Regulations for the purposes
of clarification, correction, general plan consistency, and consistency with State law; and
Plan.
WHEREAS, the City Council finds that the proposed amendments conform to the General
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 judgment of the City Council. The Council hereby adopts said Negative Declaration
ER 191 -99.
SECTION 2. SECTIONS ADDED. Sections 17.04.165 and 17.04.185, and Chapter 1733
are hereby added to read as follows:
17.04.165 Existing topography.
"Existing topography" means the natural unaltered topography or the topography resulting from
grading activity legally permitted in conjunction with subdivision improvements, right -of -way
improvements, or previous on -site building improvements.
17.04.185 Floor area ratio.
The gross floor area of a building or buildings on a lot divided by the lot area
Chapter 1733: AGRICULTURE (AG) ZONE
1733.010 Purpose and application.
The AG zone is intended to encourage conservation of agricultural lands and continuation of
agricultural uses and keeping of livestock. It will be applied to areas designated on the general
plan map as "conservation open space" and "interim open space" where there has been a history
of agricultural cultivation and keeping of livestock. 1 -3
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TA 191 -99: Citywide
Page 2
1733.020 Property development standards.
The property development standards for the AG zone are as follows:
A. Maximum density: One dwelling per 20 acres, except that each legal lot of record may have
one dwelling.
B. Minimum parcel size: 5 acres, or more as designated in the zone suffix (AG -20 requires a
minimum parcel size of 20 acres.)
C. Minimum street yard: 20 feet.
D. Minimum other yards: 20 feet.
E. Maximum height: 35 feet.
F. Maximum pavement and building area: Buildings and paved surfaces, such as parking and
roads, shall not exceed five percent of site area for a parcel smaller than 10 acres or three percent
of site area for a parcel 10 acres or larger.
G. Parking requirements: See Section 17.16.060.
SECTION 3. SECTIONS AMENDED. Sections 17.04.095, 17.04.140, 17.08.070,
17.08.100, 17.12.020, 17.31020, 17.34.020, 17.34.020, 17.36.020, 17.38.020, 17.40.020,
17.42.020, 17.44.020, 17.46.020, 17.48.020, 17.16.010, 17.16.020, 17.16.025, 17.16.0255
17.16.03 0,17.16.040,17.16.060 and Table 9 in Chapter 22 are hereby amended to read as follows:
17.04.095 Day Care. (See also "Residential Care facility. ")
A. "Day care facility" means a facility which provides non - medical 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 non - medical care, protection,
supervision, and/or instruction of le 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 a 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.
C. "Adult day care facility" means any facility that provides nonmedical care to persons 18 years
of age or older 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.
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. 1 -4
OrdinanceNo. (2000 Series)
TA 191 -99: Citywide
Page 3
17.08.070 Mineral extraction.
Commercial mining is prohibited within city limits due to environmental and aesthetic concerns,
as well as neighborhood compatibility issues.
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. Adult day care facilities serving six or fewer clients on site at one time and small family day care
homes for eight or fewer children are considered residential uses for the purposes of zoning
regulation. They may be established in all zones where dwellings are allowed. No use permit is
required.
2. Adult day care facilities serving seven to 12 clients on site at one time and large family day care
homes for children 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 following review procedures:
a. Public Notice. 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, no fewer than
10 days prior to the Director's action to approve or deny an application for a day care facility
serving seven to 12 adults or nine to 14 children. If no written request for hearing is received by the
Community Development Department within 10 days from the mailing of these notices, the
Director may approve the requested use upon submission of all required information and without
further notice or public hearing.
b. Public Hearing. A public hearing shall be required if requested in writing by the applicant or
any other affected person.
c. Approval. The Director is authorized to approve day care facilities serving seven to 12 adults or
nine to 14 children= 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:
i. complies with all applicable provisions of the Fire Code regarding health and safety; and
ii. complies with property development standards contained in Chapter 17.16 of this Title and with
City sign regulations; and
iii. has been issued a day care license from the State of California, Department of Social Services;
and
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OrdinanceNo. (2000 Series)
TA 191 -99: Citywide
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iv. 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 six adults or more than eight
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 am.
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.
a. Day care facilities with seven to 12 adults or nine 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.
b. Day care centers with more than 12 adults or more than 14 children must provide two spaces per
facility and one 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 if the center is
located in a home. See Section 17.16.060 of this Title.
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 14 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 the 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.
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TA 191 -99: Cirywide
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17.12.020 Regulations. (Nonconforming lots)
D. Property development standards shall apply to nonconforming lots, except that the density
standards shall not prevent construction of a single dwelling unit where otherwise permitted by
this chapter.
C/OS zone
1732.020 Property development standards.
The property development standards for the C /OS zone are as follows:
A. Maximum density: One dwelling per five or more acres, as indicated in the zone designation.
B. Minimum parcel size: Five or more acres, as noted in the number which is part of the zone
designation (C/OS -40 requires forty acres).
C. Minimum street yard: 20 feet
D. Minimum other yards: 20 feet.
E. Maximum height: 35 feet
F. Maximum pavement and building area: Buildings and paved surfaces, such as parking and roads,
shall not exceed five percent of site area for a parcel smaller than 10 acres or three percent of site
area for a parcel 10 acres or larger.
O zone
1734.020 Property development standards.
The property development standards for the O zone are as follows:
A. Maximum density: 12 dwelling units per net acre (see also Section 17.16.010).
B. Yards: See Section 17.16.020.
C. Maximum height: 25 feet; 35 feet with the approval of an administrative use permit in
compliance with Section 17.22.010, Table 9, Footnote 11 (Also see Sections 17.16.020 and
17.16.040.)
D. Maximum coverage: 60% (see also Section 17.16.030.
E. Maximum floor area ratio: the ratio of gross building floor area to site area shall not exceed 1.5.
F. Parking requirements; See Section 17.16.060. (Ord. 1088 - 1 Ex. A(4),1987; Ord. 941- 1 (part),
1982: prior code - 9203.6(B))
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Ordinance No. (2000 Series)
TA 191 -99: Citywide
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PF zone
1736.020 Property development standards.
The property development standards for the PF zone are as follows:
A. Yards: See Section 17.16.020.
B. Maximum height: 35 feet (see also Sections 17.16.020 and 17.16.040).
C. Maximum coverage: 60% (see also Section 17.16.030).
D. Maximum floor area ratio: the ratio of gross building floor area to site area shall not exceed:
for a parcel adjacent to a C -C zone: 2.0;
for a parcel not adjacent to a C-C zone: 1.0
E. Parking requirements: See Section 17.16.060. (Ord. 1016 - 1 (part), 1984: Ord. 941 - 1 (part),
1982: prior code - 9203.7(B))
C -Nzone
1738.020 Property development standards.
The property development standards for the C -N zone are as follows:
A. Maximum density: 12 units per net acre (see Section 17.16.010).
B. Yards: See Section 17.16.020.
C. Maximum height: 35 feet (see also Sections 17.16.020 and 17.16.040).
D. Maximum coverage: 75% (see also Section 17.16.030).
E. Maximum floor area ratio: the ratio of gross building floor area to site area shall not exceed 2.0.
F. Parking requirements: See Section 17.16.060. (Ord. 941 - 1 (part), 1982: prior code - 9203.8(B))
C-R zone
17.40.020 Property development standards.
The property development standards for the C -R zone are as follows:
A. Maximum density: 36 units per net acre for all dwellings, including dwelling units in hotels and
motels, but not including other hotel or motel units (see also Section 17.16.010).
B. Maximum street and other yards: See Section 17.16.020.
C. Maximum height: 45 feet (see also Section 17.16.020 and 17.16.040).
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OrdinanceNo. (2000 Series)
TA 191 -99: Citywide
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D. Maximum coverage: 100 %.
E. Maximum floor area ratio: the ratio of gross building floor area to site area shall not exceed 3.0,
except that in the downtown as mapped in the General Plan Land Use Element, a site which
receives transfer of development credit for open space protection shall have a ratio not to exceed
4.0.
F. Parking requirements: See Section 17.16.060. (Ord. 1006 - 1 (part), 1984: Ord. 941 - 1 (part),
1982: prior code - 9203.9(B))
C-C zone
17.42.020 Property development standards.
The property development standards for the C -C zone are as follows:
A. Maximum density: 36 units per acre, including dwelling units in hotels and motels, but not
including other hotel or motel units (see also Section 17.16.010).
B. Yards: See Section 17.16.020.
C. Maximum height: 50 feet (see also Sections 17.16.020 and 17.16.040).
D. Maximum coverage: 1001/6.
E. Maximum floor area ratio: the ratio of gross building floor area to site area shall not exceed 3.0,
except that a site which receives transfer of development credit for open space protection shall have a
ratio not to exceed 4.0.
F. Parking: Other sections of this Title notwithstanding, the Parking Requirements in the C -C zone
shall be as follows ...:
C -T zone
17.44.020 Property development standards.
The property development standards for the C -T zone are as follows:
A. Maximum density: 12 units per net acre, including dwelling units in hotels and motels, but not
including other hotel or motel units (see also Section 17.16.010).
B. Yards: See Section 17.16.020.
C. Maximum coverage: 75% (see also Section 17.16.030).
D. Maximum height: 45 feet (see also Sections 17.16.020 and 17.16.040).
E. Maximum floor area ratio: the ratio of gross building floor area to site area shall not exceed 2.5.
Ordinance No. (2000 Series)
TA 191 -99: Citywide
Page 8
F. Parking requirements: See Section 17.16.060. (Ord. 1006 - 1 (part). 1984: Ord. 941 - 1 (part),
1982: prior code - 9203.11(B))
C-S zone
17.46.020 Property development standards.
The property development standards for the C -S zone are as follows:
A. Yards. Minimum street yards shall be:
1. Where no building adjoins, five feet (requirement for parking lots and signs);
2. For buildings 20 feet and less in height, 10 feet;
3. For buildings more than 20 feet in height, 15 feet;
4. Other yards shall be as provided in the zone of any adjacent lot;
5. See also Section 17.16.020.
B. Maximum height: 35 feet (see also Section 17.16.020 and 17.16.040).
C. Maximum coverage: 75% (see also Section 17.16.030).
D. Maximum floor area ratio: the ratio of gross building floor area to site area shall not exceed 1 S.
E. Parking requirements: See Section 17.16.060.
F. Off-street loading requirements:
Gross Floor Area
of Building
1,000 to 9,999
10,000 to 29,999
30,000 to 99,999
100,000 and more
M zone
Number of Spaces
Required
none
1
2
3
17.48.020 Property development standards.
The property development standards for the M zone are as follows:
A. Yards. Minimum street yards shall be:
1. Where no building adjoins, five feet (requirement for parking lots and signs);
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OrdinanceNo. (2000 Series)
TA 191 -99: Citywide
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2. For buildings 20 feet and less in height, 10 feet;
3. For buildings more than 20 feet in height, 15 feet;
4. Other yards shall be as provided in the zone of any adjacent lot;
5. See also Section 17.16.020.
B. Maximum height: 35 feet (see also Sections 17.16.020 and 17.16.040).
C. Maximum coverage: 75% (see also Section 17.16.030).
D. Parking requirements: See Section 17.16.060.
D. Maximum floor area ratio: the ratio of gross building floor area to site area shall not exceed 1.5.
E. Parking requirements: See Section 17.16.060.
F. Off - street loading requirements:
Gross Floor Area
of Building
1,000 to 9,999
10,000 to 29,999
30,000 to 99,999
100,000 and more
17.16.010 Density.
Number of Spaces
Required
none
1
2
3
A. Determination of Allowed Development
1. "Density" is the number of dwellings per net acre, measured in density units. In the AG, C /OS
and R -1 zones, each dwelling counts as one density unit. In the other zones, different size
dwellings have density 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.
17.16.010.A.2.a vi. The maximum development allowed for each average cross -slope category is
as follows:
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TA 191 -99: Citywide
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Table 1: Maximum Residential Density For Cross -Slope Categories
% Average Maximum Density Allowed
Cross Slope (density units per net. acre)
R -1 R -2, O R -3 R-4 C -R
C -N,& -C-C
C -T
0-15
7
12
18
24
36
16 -20
4
6
9
12
36
21 -25
2
4
6
8
36
26+
1
2
3
4
36
17.16.010.A.2.c. Multiply the resulting area (in whole and fractional acres) by the maximum
density allowed (in density units per acre) according to Table 1 of this section.
17.16.010.A.2.d. The resulting number (in density 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 density unit values do not exceed the
maximum potential.
17.16.020 Yards.
B. Measurement of yards.
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 existing topography of the site, before grading for proposed on-
site improvements.
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
2. Discretionary Exceptions.
d. Other Yard Variations in Previously Subdivided Areas. Upon approval of a use permit, the
Director may allow other yards to be reduced to zero under either of the following circumstances:
i. When there exists adequate recorded agreement running with the land to maintain at least 10 feet
of separation between buildings on adjacent parcels; or
ii. When the reduction is for either a minor addition to an existing legal structure which is
non - conforming with regard to yard requirements or for a detached single -story accessory structure
provided that the Director makes the following findings:
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OrdinanceNo. (2000 Series)
TA 191-99: Citywide
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• in the case of a minor addition, that the minor addition is a logical extension of the existing
non - conforming structure;
• in the case of a detached single -story accessory structure, that the accessory structure is
consistent with the traditional development pattern of the neighborhood and will have a greater
street yard setback than the main structure;
• that adjacent affected properties will not be deprived of reasonable solar exposure;
• that no useful purpose would be realized by requiring the full yard;
• that no significant fire protection, emergency access, privacy or security impacts are likely from
the addition; and
• that it is impractical to obtain a 10 -foot separation easement pursuant to subsection "i" above.
All such minor additions and new accessory structures shall comply with applicable provisions
of Title 15, Building and Construction Regulations, of this code (see also Chapter 17.14,
Non - conforming structures).
e. Other Yard Building Height Exceptions. Upon approval of a use permit, the Director may allow
exceptions to the standards provided in Tables 3, 4, and 5 of subsection C2 of this section. Such
exceptions may be granted in any of the following and similar circumstances, but in no case shall
exceptions be granted for less than the minimum yard required:
i. When the property that will be shaded by the excepted development will not be developed or will
not be deprived of reasonable solar exposure, considering its topography and zoning;
ii. When the exception is of a minor nature, involving an insignificant portion of total available
solar exposure;
iii. When the properties at issue are within an area where use of solar energy is generally infeasible
because of landform shading;
iv. When adequate recorded agreement running with the land exists to protect established solar
collectors and probable collector locations;
v. When the property to be shaded is a street;
vi. Where no significant fire protection, emergency access, privacy or security impacts are likely
to result from the exception.
17.16.025 Creek setbacks.
4. Discretionary Exceptions.
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TA 191-99: Citywide
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d. Findings. Each discretionary exception shall be subject to each of the following findings,
regardless of the type of project application under which the request is considered.
i. The location and design of the feature receiving the exception will minimize impacts to scenic
resources, water quality, and riparian habitat, including opportunities for wildlife habitation, rest,
and movement;
ii. The exception will not limit the City's design options for providing flood control measures that
are needed to achieve adopted City flood policies;
iii: The exception will not prevent the implementation of City - adopted plans, nor increase the
adverse environmental effects of implementing such plans;.
iv. There are circumstances applying to the site, such as size, shape or topography, which do not
apply generally to land in the vicinity with the same zoning, that would deprive the property of
privileges enjoyed by other property in the vicinity with the same zoning;
v. The exception will not constitute a grant of special privilege —an entitlement inconsistent with
the limitations upon other properties in the vicinity with the same zoning; and
vi. The exception will not be detrimental to the public welfare or injurious to other property in the
area of the project or downstream.
vii. The project's basic purpose cannot be accomplished with a redesign of the project or a
reduction in the massing, scale, or density of the project.
viii. Changing the project's design or reducing the massing, scale, or density would deny the
property owner reasonable use of the property. (Reasonable use of the property in the case of
new development may include less development than indicated by zoning. In the case of
additional development on an already developed site, reasonable development may mean that no
additional development is reasonable considering site constraints and the existing development's
scale, design, or density.)
17.16.030 Coverage.
A. Definition. "Coverage" means the area of a lot covered by the footprint of all structures, as
well as decks, balconies, porches, and similar architectural features, expressed as a percentage of
the total lot area Uncovered decks or porches which are 30 inches or less from the ground shall
not be included in the determination of coverage.
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TA 191 -99: Citywide
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Figure 5
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 determined 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 existing topography of the site, before
grading for proposed on -site improvements.
17.16.060 Parking Space Requirements.
Type of Use
Table 6 - Parking Requirements by Use
Number of Off - Street Parking Spaces Required
Home business - see Section 17.08.090 (no change)
Retail sales- indoor sales of building (no change)
materials and gardening supplies
(hardware, floor and wall coverings, paint,
glass stores; etc:)
Retail sales - appliances, furniture and (no change)
furnishings, musical instruments; data
processing equipment, business, office and
medical equipment stores; catalogue stores;
sporting goods, and outdoor supply 1 -15
100'
Barony off
second floor
(IConcrete patio r
50 s.f.
not included
400
co
s.f.
j
Breezeway
100 s.f.
1550 s.f.
Roof save
i \
not included
Lot area = 8000 s.f.
Structures= 2100 s.f.
Lot coverage = 261A
Figure 5
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 determined 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 existing topography of the site, before
grading for proposed on -site improvements.
17.16.060 Parking Space Requirements.
Type of Use
Table 6 - Parking Requirements by Use
Number of Off - Street Parking Spaces Required
Home business - see Section 17.08.090 (no change)
Retail sales- indoor sales of building (no change)
materials and gardening supplies
(hardware, floor and wall coverings, paint,
glass stores; etc:)
Retail sales - appliances, furniture and (no change)
furnishings, musical instruments; data
processing equipment, business, office and
medical equipment stores; catalogue stores;
sporting goods, and outdoor supply 1 -15
OrdinanceNo. (2000 Series)
TA 191 -99: Citywide
Page 14
Table 6 - Parking Requirements by Use
cont'd:
Retail sales and repair of bicycles (no change)
Retail sales and rental - autos, trucks, (no change)
motorcycles, RV's,
Retail sales and rental - boats, aircraft and (no change)
motor homes
Retail sales - auto parts and accessories (no change)
except tires and batteries as a principle use
Retail sales - tires and batteries (no change)
Retail sales - general merchandise (drug, (no change)
discount, department and variety stores)
Chapter 17.22: Use Regulation
Table 9: Uses Allowed by Zone revisions are shown on the attached E)GHBIT A.
SECTION 5. A summary of this ordinance, together with the names of council members
voting for and against, shall be published once, at least five (5) days prior to its final passage, in the
Tribune, a newspaper published and circulated in this city. This ordinance shall go into effect at the
expiration of thirty (30) days after its final, passage.
1 -16
OrdinanceNo. (2000 Series)
TA 191 -99: Citywide
Page 15
INTRODUCED on the 4' day of January, 2000, AND FINALLY ADOPTED by the
Council of the City of San Luis. Obispo, on the day of , 2000, on the
following roll call vote:
AYES:
NOES:
ATTEST:
Lee Price, City Clerk
APPROVED:
:y
Mayor Allen Settle
1 -17
EXHIBIT A -
Table 9 -Uses Allowed by
Zone
R -1
R -2
R -3
R-4
AG
C/O
S
O"
PF
C -N
C -C
C-
R
C -T
C -S
M
Advertising and related services
(graphic design, writing, mailing,
addressing, etc.
A
A/D
A
A
U
Agriculture - grazing and outdoor
crops
A
A
A
A
Agriculture - greenhouse culture,
livestock feeding .
PC
PC
Airports and related facilities
PC
PC
PC
Ambulance services
PC
PC
A
D
Amusement arcades (video games,
see Chapter 5.52, Electronic Game
Amusement Centers .& 17.08.060)
D
D
A
A
A
Amusement parks, fairgrounds
Antennas (municipal, commercial, and
public utrTity broadcasting and wireless
telecommunications)
PC
PC20
PC
PC
PC
D
D
Athletic and heath cubs.
gymnasiums, fitness centers, game
courts
D
D.
D
PC
A
A
Auto disnantfing, scrap dealers,
recycling centers
A
Auto repair and related services (body,
brake, bmwssbrre, muffler shops;
painting, etc.)
PC
D
A
'
Auto sound system instaltatmn
D12
D72
A
A
Banks and savings and bans
A
Al
A
A
D1
D'
Bars, tavems, eta (see Nightclubs)
D
D
D
D
D
D
Barbers, hairstylists, manicurists,
tanning centers
A
A
A
D
D
Bed and breakfast inns.
PC
PC
D
A
A
A
Boarding/rooming houses, dormitories
(See also Chapter 1720)
PC
D
D
D
Bowling a0eys
PC
D
D
D
D
Broadcast studios
A
AID
A
A
A
Building and 6ndscape maintenance
services
AID
A
A
A
Bus stations
PC
D
A
Cabinet and carpentry shops
D
A
Caretakers' quarters
A
A
A
A
A
A
A
A
A
A
A
A
A
A
Carwash - mechanical
PCs
PC°
D
D
Canwaash - self-service
D
D
PC°
A
A
call Mg SQNI(YS
D
D
I A
I D
A
1 -18
Table 9 -Uses Allowed by
R -1
R -2
R -3
R-4
AG
C/O
0"
PF
-C -N
C -C
C --
C -T
C -S
M
Zone
S
R
Cemeteries, mausoleums,
PC
PC
PC
PC
PC
PC
PC
PC
PC
PC
PC
columbariums
Christmas tree sales (see Section
17.08.020)
Churches, synagogues, temples, etc.
PC
D
D
D
A
D
D
D
A
DiD
D's
D
is
Circus, carnival, fair, festival, parades
D
D
D
D
D
D
D
D
D
(See Section 17.08.010)
Computer services
A
AID
A
A
D
Concurrent sales of alcoholic
D
d
D
D
beverages and motor fuel (See
Section 17.08.040)
Construction activities (see Section
A
A
A
A
A
A
A
A
A
A
A
A
A
A
17.08.010.C.5)
Contractor's yards
A
A
Convalescent hospitals
PC
PC
D
PC
PC
D
Convents and monasteries
PC
A
A
D
Credit reporting and collection
A
AID
A
A
1 -19
Oil
1 -19
Table 9 -Uses Allowed by
R -1
R -2
R -3
R-4
AG
C/O
O"
PF
C-N
C -C
C-
C -T
C -S
-M
Zone
S
I
R
Gas distributors - containerized
D
h
(butane, propane, oxygen, acetylene,
etc.)
Government agency corporation yards
PC
A
A
Government agency offices and
PC
D
D
D
meeting rooms.
High occupancy residential use
D
D
Home business (see Section
17.08.090)
Homeless shelters (see Section
PC
PC
PC
PC
PC
PC
PC
PC
PC
PC
17.08.110)
Hostels
PC
PC
A
A
A
Hospitals
PC
PC
Hot tubs - commercial use
PC
PC
PC
D
PC
PC
Insurance service -bcal
A
AID
A
Insurance services - regional office
A/D
A
Laboratories (medical, analytical
PC
A
A
A
research)
Laundry/dry cleaner
- cleaning plant
A79
A
c
- pickup point
-A
A
A
D
A
- self-service
A
A
A
D
D
Libraries
PC
A7
D
A
Manufacturing - food, beverages; ice;
D
A
apparel; eledroniq optical,
instrumentation products; jewelry;
musical instruments; sporting goods;
art materials.
Manufacturing - basic metals,
PC
diernicals, building materials.
fabricated metals, textiles, paper and
cardboard; madunery, transportation
equipment
Mineral extraction (see Section
17.08.070)
Mobile home parks
A
A
A
A
Mobil home as consbumon office
(see Section 17.08.01 00)
Mobile homes as temporary residence
A
A
A
A
A
A
A
A
at budding site (see Section
.17.08.010F)
Mortuaries
D
D
A
Motels and hotels (see also bed and
A
A
A
breakfast inns]
1 -20
Table 9 -Uses Allowed by
R -t
R -2
R -3
R-4
AG
C/O
O"
PF
C -N
C -C
C-
C -T
C -S
M
Zone
S
R
Museums
PC
A
A
Nightdubs, discotheques, etc. (see
D
D
D
PCr
Chapter 17.95, Adult Entertainment
Businesses) .
Offices (contractors) - all types of
A
A/D
A
A
A
general and special building
contractors offices
Offices (engineering) engineers,
A
A/D
A
A
t0
architects, and industrial design
Offices (professional) attorneys,
A
a
A/D
A
+0
10
counselors, medical services,
accountants, investment brokers,
reaftors, appraisers '
Organizations (professional, religious,
D
D
A
D
A/D
A
D
poll, labor, fraternal, trade, youth,
etc.) offices and meeting rooms
Parking (as a principal use)
PC13
D13
pC10
D13
D13
D13
Parks
A
A
A
A
D
D
A
D
A
A
A
Photocopy services; quick pruders
A
A
A/D
A
A
A
Photofinishing - retail
A
A
A
PC
A
Photofinishing - wholesale; and blue -'
D
A
A
printing and mfaofihft service
Photographic studios
A
A
A
PC
A
Police and fire stations and training
facrlities
PC
Pool ha4s, billiard parlors, etc.
PC
D
D
D
Post offices and public and private
postal services
- under 2000 square feet gross
PC
D
A
A
A
floor area per establishment
- 2,000 square feet or more gross
PC
A
A
A
floor area per establishment
Printing and publishing
D
D
A
A
Produce stand
D
D
A
A.
A
A
Public assembly faaTities (community
PC -
D
D
D
PC
meeting rooms, auditoriums,
konventioNexhibr'h'on halls)
Railroad yards, stations, crew facilities
D
A
Refuse hauling, septic tank and
A
Portable MW services
1 -21
Table 9 -Uses Allowed by
R -1
R -2
R -3
R-4
AG
C/O
O"
PF
C -N
C-C
C-
C -T
C -S
I M
Zone
S
R
Repair services
- small household appliances,
A
A
A
A
A
locksmiths, seamstress, shoe repair
- large appliances, electrical
D
A
A
equipment, power tools, saw
sharpening
Research and development - services,
A
AID
A
A
A
software, consumer products,
instruments, office equipment and
similar hems, and related fight
chemical prooessm
Research and development -
PC
D
transportation equipment, weapons,
metals, chemicals, budding materials,
and similar item
Residential care facilities (state
A
A
A
A
A
A
A
AID
A/D
A/D
D
licensed)
Restaurants, sandwich shops, take-
A
A
A
A
D
D
out food, etc.
Retail Sales - convenience stores
A
A
A
A
D
D
Retail sales - outdoor sales of building
D°
D
A
A
A
and landscape materials
(urriberyards, nurseries, eta)
Retail sales - indoor sales of building
A°
A
A
A
A
materials and gardening supplies
(hardware, fl oar and wall coverings,
paint, glass stores, eta
Retail sales - appliances, furniture and
As
A
A
A
furnishings. musical instruments; data
Proonsing equipment business,
office and medical equipment stores;
catalog stones; sporting goods,
outdoor supply
Retail sales and repair of bicycles
A
A
A
A
Retail sales and rental - autos, trucks,
D
A
PC
motorcycles, RV's
Retail sales - auto parts and
D
D
A
A
PC
accessories except tires and batteries
as principal use
Retail sales - tires and batteres
A
A
PC
Retail sales and rental - boats, aircraft,
mobile homes
A
PC
Retail sales - groceries, liquor and
A
A
A
PC
spemal¢ed foods (bakery, meats,
dairy items. etc)
Retail sales - neighborhood grooery
D
D
D
D
A
A
D
(See also Sec, 17.08.095)
1 -22
Table 9 -Uses Allowed by
R -1
R -2
R -3
R-4
AG
C/O
0"
PF
-C -N
C -C
C-
C -T
C -S
M
Zone
S
R
Retail sales - general merchandise
(drug, discount, depart orit and
variety stores) (See also 'Retail sales -
warehouse stores)
- 15,000 square feet or less gross
A
A
A
floor area per establishment
- 15,001 to 60,000 square feet gross
PC
A
A
floor area per establishment
- more than 60.000 square feet
PC
D
gross floor area per establishment
Retail sales and rental - specialties
As
A
A
(shoe stores, clothing stores,
book/recordtvideotape shores, toy
stores, stationery stores, gift shops)
RetailSales - warehouse stores
-45,000 square feet or less gross floor
PC
D
D
area per establishment
-more than 45,000 square feet gross
PC
PC
floor area per establishment
PC
Schools
- Nursery schoolslPre- school (see
Day care)17
- Elementary, junior high, high
PC
PC
D
D
D
D
schools, schools for disabled/
handicapped
- Colleges/universilies
D
- Business, trade, recreational, or
PC
AID
A
D
DS
other specialized schools
- Boarding schools and academics
PC
PC
Secretarial and re lated services (court
A
AID
A
D
reporting. stenography, typing,
telephone answering, etc)
Service stations (see Section
D
D
D
A
A
17.06.030)
Skating rinks
PC
PC
D
PC
PC
Social services and charitable
A
D
D
A
A
agencies (see also brgan¢ations')
Stadiums
PC
PC
PC
s
PC
PC
pools (public)
PC
PC
PC
PC
lors
D
D'
rks
PC
1 -23
Table 9 -Uses Allowed by
R -1
R -2
R -3
R-4
AG
C/O
O"
PF
C -C
C-
C -T
C -S
M
Zone
S
[C-N
R
Temporary parking lots (see Section
17.08.0100
Temporary real estate sales office in
D
D
0
D
tract (see Section 17.08.01 06)
Temporary sales (see Section
D
D
D
D
D
D
17.08.010.!)
Temporary . uses - riot otherwise fished
D
D
D
D
D
D
D
D
D
D
D
D
D
in Section 17.08.010
Theaters (see Chapter 5.40, Adult
PC'
PC"
D
D
Entertainment Establishments)
e
Ticket/travel agencies
A
AB
A
A
D
D
Tire recapping .
A
A
Tie companies
A
A
A
Trailer rental
D
A
A
Truciringftaxi service
A
A
Utility companies
- Corporation yam
PC
A
A
- Customer account services (bill
A
D
A
D
paying and inquiries)
- Disnbubon and transmission
facilities - see Section 17.08.080
- Engineering and administration
A
D
AID
A
D
offices
- Payment drop points
A
D
A
A
A
Vending machines (see Section
17.08.050)
Veterinarians, boarding and grooming
De
De
De
As
D
(small animals)
Vetemarians, boarding and grooming
(large animals)
PC
PC
D
D
Warehousing, mini - storage, moving
company
A
A
Wafer and waswwAar treatment
PC
Plants
Water treatment services
A
A
Wholesale and mail-order houses
PC
A
A
Zoos
PC
1 -24
Notes: _
1. In the CA C-S, and M zones, only branches of banks are allowed - no headquarters
2: Except for condominiums, the development of more than one dwelling on a. land parcel in the R -1 zone requires
approval of an administrative use permit R -1 density standards apply.
3. In the O zone, dwellings on a site occupied by residential uses only are allowed. Dwellings on a site with
nonresidential uses require approval of an administrative use permit.
4. In the C-N zone, hot tubstspas for commercial use must be enclosed..
5. In the M zone, schools are limited to those offering instruction in fields-supportive of allowed uses.
6. In the O, 0-4 C-C and C-R zones, animals at veterinarian's facilities must be kept within a building.
7. In the C-N zone, branch libraries only are allowed.
8. In the C-N zone, the fallowing types of uses are allowed provided that (1) the gross floor area of each establishment
shall not exceed 2,000 square feet and (2) the combined floor area of all such establishments within a shopping
center shall not exceed 25% of the total floor area in a shopping center with a gross floor area of 15,000 square feet
or greater, or shall not exceed 50% of the total floor area in a shopping center with a gross floor area of less than
15,000 square feet
Retail sales - outdoor sales of building and landscape materials.
Retail sales - indoor sales of building materials and gardening supplies.
Retail sales - appliances, furniture and furnishings, musical instruments; data processing equipment
business, office and medical equipment stores; catalog stores; sporting goods, outdoor supply.
Retail sales and rental - specialties, except that the floor area of video stores shall not exceed 3,000 square feet
Ticket1travel agencies.
For parcels not located within shopping centers, an administrative use permit shall be required for the uses listed
above, to insure consistency with policies of the General Plan Land Use Bement. and compatibility with surrounding
uses. The use permit may provide for exceptions to the floor area limitations listed under (1) and (2) above.
9. In the C-N and C-T zones, ear washes are allowed only in conjunction with and incidental to service stations.
10. Large professional office buildings which can include multiple tenants but with no single tenant space less than
2,500 square feet may be established in the CS and M zones subject to the approval of a Planned Development
(PD) zoning application and compliance with findings specified in Section 17.62.040 C. However, this provision
notwithstanding, the following types of office - related uses are prohibited in PDs approved forCS and M zones:
Non- branch banking. services, real estate offices, financial institutions, medical clinics, doctor's offices, and lawyer's
offices.
11. An administrative use permit is required for the construction of nonresidential structures or the conversion of
residential structures to non - residential uses in the O zone. In order to approve a use permit the Director must make
each of the following findings:
A. That the location, orientation, height, and mass of new structures will not significantly affect privacy in nearby
residential areas.
B. That the project's location or access arrangements will not significantly direct baffle to use local streets in nearby
residential areas.
C. That the project includes landscaping and yards that adequately separate parking and-pedestnan circulation
areas from sites in nearby residential area
12. In the C-C and C-R zones, use permit review of automobile sound system installations should include consideration •
of the following Berns: panting space displacement, noise from the operation, and appearance. Use permits may be
approved only when the use is accessory to a retail sales operation.
13. Where parking as a principal use is allowed, deviations to existing setbacks and building heights are permitted upon
approval of a use permit as required by Section 17.22.010. All multi -level parking facilities shall require the approval
of cruse permit by the Planning Commission:
14. Theaters in the C-N zone shall be limited to 4,000 square feet in size, a single screen, and restricted to shopping
center sites in the zone (See Section 17.04.371).
1 -25
15. Use permit review shall consider that the CS zone is primarily intended to accommodate uses not generally suited
to other commercial zones because of noise, truck traffic, visual impacts and similar factors. A use permit may be
approved only when the church will not likely cause unreasonable compatibility problems with existing or likely future
service commercial uses in the vicinity. Use permit conditions may include measures to mitigate incompatibility.
16.. In the PF zone, only non -proft theaters are permitted.
17. Allowed by right where accessory to a church or school, or where an employer provides on -site child care to 14 or
fewer children for the exclusive benefit of employees, providing the primary use meets City parking standards.
18. Church uses may be allowed inside existing buildings only.
19. Dry cleaning plants in the C-N zone shall be allowed subject to the following performance standards: less than
2,000 square feet in area; use APCD- approved low -emission equipment; and cleaning done on-site shall be for
customers coming to this location only (not serve as a regional plant).
20. Allowed in Open Space zones only if consistent with Land Use Element Policies 6.1.2 and 6.2.2 and Open Space
Element policies regarding resource protection of hills and mountains and scenic resources.
21. In the CS zone, nightclubs must contain a minimum of 4,500 square feet of floor area The required use permit
process shall address parking, neighborhood compatibility and security issues.
22. Emergency medical facilities may be allowed in the C•N zone, with approval of an Administrative Use Permit,
provided the gross floor area of such establishment shall not exceed 3,500 square feet.
1 -26
SAN LUIS OBISPO PLANNING COMMISSION
RESOLUTION NO. 5279 -99
WHEREAS, the Planning Commission of the City of San Luis Obispo did conduct
a public hearing in the Council Chamber, City Hall, 990 Palm Street, San Luis Obispo,
California, on December 1, 1999, pursuant to a proceeding instituted under application
TA 191 -99, City of San Luis Obispo, applicant.
ITEM REVIEWED:
TA 191 -99 (Citywide) Various Zoning Regulations amendments, including development
of an Agricultural Zoning District.
WHEREAS, said Commission as a result of its inspections, investigations, and
studies made by itself, and in behalf of testimonies offered at said hearing finds that the
proposal is consistent with the General Plan.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission
recommend that the City Council adopt the Zoning Regulations amendments, . as
described in -the attached legislative draft.
The foregoing resolution was approved by the Planning Commission of the City of San
Luis Obispo. Each section was under separate motion with voting, as noted in the
minutes of said meeting.
Arnold B. Jonas, Secretary
Planning Commission
Dated: December 1, 1999
1 -27
LEGISLATIVE DRAFT
Amendments to the Zoning Regulations
Also including Municipal Code amendments related to zoning
Comments are in italics. Deleted teat is lined -9 . Added teat is ded
(Page numbers refer to the February 19, 1999 Zoning Regulations.)
,ADDITIONS:
CHAPTER 17.33 AGRICULTURAL ZONE
PAGE 70 / GENERAL PLAN CONSISTENCY: The addition of an Agriculture Zone within
city limits is recommended consistent with Community Goal # S in the Land Use Element,
Land Use Element Policies 1.7.1, 1.7.2, 1.8.1, 1.8.2, and 61, Conservation Element
Recommendation # 2 on page 4.4, and Open Space Element 10.2.14 (General Plan
Digest). Currently there are only two parcels of land within city limits with ongoing
agricultural operations. This zone could be applied in the future to these parcels as well
as agricultural land that is annexed to the City .
1 -28
Legislative Draft TA 191 -99
Zoning Regulation Amendments
Page 2 -
CHAPTER 17.04 DEFINITIONS
FLOOR AREA RATIO
PAGE 12 / CLARIFICATION: A definition for floor area ratio is proposed to complement
the new floor area ratio standards:
"EXISTING" TOPOGRAPHY
PAGE 12 / CLARIFICATION: A new definition, along with revisions to sections addressing
measurement of building height are proposed to clam "existing" versus "natural"
topography. In the regulations "natural" topography is the term used to define how
building height is measured In practice there has been confusion regarding this term.. If
a site underwent a substantial amount of grading 10 years ago as part of subdivision or
right -of -way improvements, the resulting grade is clearly not natural, but probably the
most logical starting point for measurement. Proposed revisions would substitute the
term "existing' for "natural" and provide a definition of "existing topography" that
includes natural grade and also recognizes previous legal grading activity.
REVISIONS:
CHAPTER 17.04 DEFINITIONS
"DWELLING UNIT" VS "DENSITY UNIT"
PAGE 12 / CLARIFICATION: A revision to the definition of dwelling is recommended to
avoid confusion between the terms "dwelling unit" and "density unit. "
1 -29
Legislative Draft TA 191 -99
Zoning Regulation Amendments
Page 3
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- "
DAY CARE
Page 11 / CONSISTENCY WITH STATE LAW: Revisions to the sections on day care are
recommended to improve consistency with State law which defines types of day care homes
for children and specifies when they must be treated as a residential use. After a trial
period the State set the upper threshold for small and large family day care homes at 8 and
14 children respectively. Previously the upper thresholds were 6 and 12 children. A
definitionfor adult day care is added for clarification.
17.04.095 Day Care. (See also "Residential Care facility. ")
A "Day care facility" means a facility which provides non - medical 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 non - medical 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 142 children,
inclusive, including children under the age of 10 who reside in the home.
CHAPTER 17.08 USES ALLOWED IN SEVERAL ZONES
MINERAL EXTRACTION
PAGE 22 / GENERAL PLAN CONSISTENCY: The following section is recommended for
amendment consistent with Open Space Element Program 9.3.1 and Policy 9.2.1
(General Plan Digest) that say the City should revise the Municipal Code to prohibit
1 °30
Legislative Draft TA 191 -99'
Zoning Regulation Amendments
Page 4 -
commercial mining within city limits due to environmental and aesthetic concerns, as
well as neighborhood compatibility issues. (See Open Space Element text on page 60.)
17.08.070 Mineral extraction.
DAY CARE
PAGE 24 /CONSISTENCY WITH STATE LAW: Amendments to this section are recommended
to reflect the new State law definitions of small and large family day care pertaining to the
number of children allowed in each, which is a maximum of 8 and 14 respectively.
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. 'dolt "ay care facilities serving six or fewer clients on site at one time �Ad�t�tlifd� 1
are considered residential uses for the purposes of zoning
regulation. They maybe established in all zones when: dwellings are allowed.
age ef 19 yeaFs, who We in the heme, shall 198 GeW#ed f9F puFpeses of these . No use permit is
required.
limits. Ole use peFmk;s raqw;Fed. This pFevisiGA shall expire eFi jaAuaFy 1, 4906, uRIess eAeRded by
.
State law
2. Aid D-day care facilities serving seven 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@
#;Feugh d belew-
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b. a Public Notice. 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, no fewer than 10
days prior to the Director's action to approve or deny an application for a day care facility serving
;i;,i' Wier+ts se ir#es If no written request for hearing is
received by the Community Development Department within 10 days from the mailing of these
notices, the Director may approve the requested use upon submission of all required information and
without further notice or public hearing.
G. E 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 RiRe
UN&O 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:
4 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- 1 has been issued a day care license from the State of California, Departmentof 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 six adults or more than eight
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.
a. Day care facilities with sk go to 12 adults or eight 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.
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b'. Day care centers with more than 12 adults or more than 14 children must provide two spaces
per facility (whew) and one 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 tT° - a dome. See Section 17.16.060 of this T#le.
D. Day cane 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 42e or fewer children for the
exclusive use of employees, day care is allowed by right, providing the primary use meets City
panting standards.
E_ Exceptions. Nothing in this section shall prohibit applicants from requesting exceptions or
variances from the strict interpretation of the 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
consistentwith 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.
CHAPTER 17.12 NONCONFORMING LOTS
ADMINISTRATIVE HEARING REQUIREMENT
PAGE 27 / STREAMLINING: Sub - section 17.12.020 D is recommended for deletion because
it is essentially an unnecessary and redundantprocess. Many lots in previously subdivided
neighborhoods do not meet subdivision lot size requirements. For instance, many R -2 lots
in Old Town are 50 feet wide where 60 feet is the minimum width required Provided the
proposed development on such lots meets other standards (e.g. setbacks and building
height), no public purpose is served by also requiring use permit approval, which is
invariably granted Where proposed development involves a request for an exception to
standards that would merit public review, regulations require use permit or variance
approval and possibly architectural review. .
17.12.020 Regulations.
€.D. Property development standards shall apply to nonconforming lots, except that the density
standards shall not prevent construction of a single dwelling unit where otherwise permitted by this
chapter.
1 -33
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Page 7
CHAPTERS 1732 - 17.48 DEVELOPMENT STANDARDS BY ZONE
FLOOR AREA RATIOS
PAGES 70 - 77 / GENERAL PLAN CONSISTENCY: The following floor area ratios and
coverage standards are recommended as additions to the Conservation / Open Space
and Commercial designations, consistent with Land Use Element policies shown in the
table below:
FLOOR AREA RATIO CITATIONS
Zone
Zoning Regulations
Section Number
Land Use Element
Designation
Land Use Element
Policies
C /OS
17.32.020
Open Space
6.1.2
O
17.34.020
Office
3.3.5
PF
17.36.020
Public Facility
5.1.12
C -N
17.38.020
Neighborhood Commercial
3.2.5
C -R
17.40.020
General Retail
3.1.6
C -C
17.42.020
General Retail
3.1.6
C -T
17.44.020
Tourist Commercial
3.4.5
C -S
17.46.020
Services & Manufacturing
3.5.8
M
17.48.020
Services & Manufacturing
3.5.8
C/OS zone
17.32.020 Property development standards.
The property development standards for the C /OS zone areas follows:
A. Maximum density: One dwelling per five or more acres, as indicated in the zone designation.
B. Minimum parcel size: Five or more acres, as noted in the number which is part of the zone
designation (C/OS-40 requires forty acres).
C. Minimum street yard: 20 feet
D. Minimum other yards: 20 feet
E. Maximum height: 35 feet
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O zone
17.34.020 Property development standards.
The property development standards for the 0 zone are as follows:
A Maximum density: 12 dwelling units per net acre (see also Section 17.16.010).
B. Yards: See Section 17.16.020.
C. Maximum height 25 feet; 35 feet with the approval of an administrative use permit in compliance
with Section 17.22.010, Table 9, Footnote 11 (Also see Sections 17.16.020 and 17.16.040.)
D. Maximum coverage: 60% (see also Section 17.16.030.
€ B. Parking requirements: See Section 17.16.060. (Ord. 1088 - 1 Ex. A(4), 1987; Ord. 941 - 1
(part), 1982: prior code - 9203.6(B))
PF zone
17.36.020 Property development standards.
The property development standards for the PF zone are as follows:
A. Yards: See Section 17.16.020.
B. Maximum height 35 feet (see also Sections 17.16.020 and 17.16.040).
C. Maximum coverage: 60% (see also Section 17.16.030).
O. Parking requirements: See Section 17.16.060. (Ord. 1016 - 1 (part), 1984: Ord. 941 - 1 (part),
1982: prior code - 9203.7(B))
C-N zone
17.38.020 Property development standards.
The property developmentstandards for the C-N zone are as follows:
A Maximum density: 12 units per net acre (see Section 17.16.010).
B. Yards: See Section 17.16.020.
C. Maximum height 35 feet (see also Sections 17.16.020 and 17.16.040).
1 -35
Legislative Draft TA 191 -99
Zoning Regulation Amendments
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D. Maximum coverage: 75% (see also Section 17.16.030).
�l!6aidnlum o acu% - ddiraa'fl� "�` "oo argasita - -- Wt- note 2 0!
€ Parking requirements:. See Section 17.16.060. (Ord. 941 - 1 (part), 1982: prior code -
9203.8(B))
C -R zone
17.40.020 Property development standards.
The property development standards for the C -R zone are as follows:
A- Maximum density: 36 units per net acre for all dwellings, including dwelling units in hotels and
motels, but not including other hotel or motel units (see also Section 17.16.010).
B. Maximum street and other yards: See Section 17.16.020.
C. Maximum height 45 feet (see also Section 17.16.020 and 17.16.040).
D. Maximum coverage: 100 %.
€ E. Parking requirements: See Section 17.16.060. (Ord. 1006 - 1 (part), 1984: Ord. 941 - 1 (part),
1982: prior code - 9203.9(B))
C -C zone
17.42.020 Property development standards.
The property development standards for the C-C zone are as follows:
A. Maximum density: 36 units per acre, including dwelling units in hotels and ,motels, but not
including other hotel or motel units (see also Section 17.16.010).
B. Yards: See Section 17.16.020.
C. Maximum height 50 feet (see also Sections 17.16.020 and 17.16.04.0).
D. Maximum coverage: 100 %.
€ Other sections of this Title notwithstanding, the Parking Requirements in the C-C zone
shall be as follows ...:
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GT zone
17.44.020 Property development standards.
The property development standards for the C -T zone areas follows:
A. Maximum density: 12 units per net acre, including dwelling units in hotels and motels, but not
including other hotel or motel units (see also Section 17.16.010).
B. Yards: See Section 17.16.020.
C. Maximum coverage: 75% (see also Section 17.16.030).
D. Maximum height: 45 feet (see also Sections 17.16.020 and 17.16.040).
€ 6. Parking requirements: See Section 17.16.060. (Ord. 1006 - 1 (part). 1984: Ord. 941 - 1 (part),
1982: prior code - 9203.11(6))
GS zone
17.46.020 Property development standards.
The property development standards for the C-S zone are as follows:
A. Yards. Minimum street yards shall be:
1. Where no building adjoins, five feet (requirementfor parking lots and signs);
2. For buildings 20 feet and less in height, 10 feet;
3. For buildings more than 20 feet in height, 15 feet;
4. Other yards shall be as provided. in the zone of any adjacent lot;
5. See also Section 17.16.020.
B. Maximum height: 35 feet (see also Section 17.16.020 and 17.16.040).
C. Maximum coverage: 75% (see also Section 17.16.030).
9 5. Parking requirements: See Section 17.16.060.
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€. Off - street loading requirements:
Gross Floor Area
of Building
1,000 to 9,999
10,000 to 29,999
30,000 to 99,999
100,000 and more
M zone.
Number of Spaces
Required
none
1
2
3
17.48.020 Property development standards.
The property development standards for the M zone are as follows:
A. Yards. Minimum street yards shall be:
1. Where no building adjoins, five feet (requirementfor parking lots and signs);
2. For buildings 20 feet and less in height, 10 feel;
3. For buildings more than 20 feet in height, 15 feet;
4. Other yards shall be as provided in the zone of any adjacent lot
5. See also Section 17.16.020.
B. Maximum height: 35 feet (see also Sections 17.16.020 and 17.16.040).
C. Maximum coverage: 75 % (see also Section 17.16.030).
D. Parking requirements: See Section 17.16.060.
O. Parking requirements: See Section 17.16.060.
€. Off -street loading requirements:
Gross Floor Area
of Building
1,000 to 9,999
10,000 to 29,999
30,000 to 99,999
100,000 and more
Number of Spaces
Required
none
1
2
3
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Page 12
CHAPTER 17.16 PROPERTY DEVELOPMENT STANDARDS
CALCULATING DENSITY
PAGES 29 - 30 / CLAIFICATION: Revisions to the section regarding density are
recommended to clarify the difference between "dwelling units" and "density units. "
17.16.010 Density.
A. Determination of Allowed Development
1. "Density" is the number of dwellings +ails per net acre, FR 5 In the?
C /OS and R -1 zones, each dwelling counts as one en unit In the other zones, different size
dwellings have 909 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.
Table 1: Maximum Residential Density For Cross -Slope Categories
% Average
Maximum Density
Cross Slope
(rte units per net acre)
R -1
R -2, O R -3' R-4 C -R
C -N, & C -C
C -T
0-15
7
12 18 24 36
16-20
4
6 9 12 36
21 -25
2
4 6 8 36
26+
1
2 3 4 36
c. Multiply the resulting area (in whole and fractional acres) by the maximum density allowed (in
ME units per acre) according of this section.
d. The resulting number (in dwelliAg 0M. 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 0,,,' unit values do not exceed the
maximum potential.
MINOR SETBACK EXCEPTIONS
PAGE 34 AND 35 / CLARIFICATION AND STREAMLINING: Revisions to the following
sections are recommended to clarify under what circumstances side and rear setbacks may
1 -39
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Page 13
be reduced and by how much. Current regulations contain two subsections that address this
issue. The first subsection (17.16020.E.2.d) specifies that side and rear setbacks in
previously subdivided areas may be reduced to less than the minimum requirement (5 feet)
in either of the following circumstances:
• where a recorded agreement ensures a minimum of 10 feet of separation between
buildings on adjacent properties, or
• where a minor addition to an existing legal structure with non- conformingsetbacks is
proposed
Proposed revisions to this subsection recognize that there are additional circumstances in
which a lesser setback may be appropriate, and for which the City has regularly approved
exceptions. For instance, an applicant may wish to construct a garage closer than 5 feet to
a side property line on an already developed lot in order to align the garage door with an
existing driveway. Or an applicant may wish to construct a small tool shed in the rear
corner of a lot where there are no issues of compatibility with adjacent development.
Garages and small outbuildings in many older neighborhoods were typically constructed
three feet or less from the property line(s). Current regulations do not really recognize this
traditional pattern of development that often included multiple structures of different size
and scale depending on their use and importance. This pattern also enables garages to be
located toward the rear of a lot without dominating the rear yard
17.16.020 Yards.
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.
2. Discretionary Exceptions.
d. Other Yard Variations in Previously Subdivided Areas. Upon approval of a use permit, the
Director may allow other yards to be reduced to zero under either of the following circumstances:
i. When there exists adequate recorded agreement running with the land to maintain at least 10 feet
of separation between buildings on adjacent parcels; or
ii. When the reduction is for M a minor addition. to an existing legal structure which is
non-conforming with regard to yard requirements -
provided that the Director makes the following findings:
• fry4lie that the minor addition is a logical extension of the existing
non-conforming structure;
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• fFtaia ' ee 'es. '1 'rde.. le , `r�
• that no useful purpose would be realized by requiring the full yard;
• that no significant fire protection, emergency access, privacy or security impacts are likely from
the addition; and
• that it is impractical to obtain a 10 -foot separation easement pursuant to subsection "i" above.
All such minor additions a""h-d-newnrF' _ : ` . ies shall comply with applicable provisions of
Title 15, Building and Construction Regulations, of this code (see also Chapter 17.14,
Non-conforming structures).
SETBACKS REALATIVE TO BUILDING HEIGHT AND SOLAR EXPOSURE
PAGE 35 1 CLARIFICATION: Subsection 17.16020.E.2.e was originally intended to enable
reductions to side and rear setbacks down to the minimum requirement where building
height would otherwise require a greater than minimum setback. For instance, a proposed
new two -story house in an R -2 zone with a height of 20 feet nearest the side property line
could be granted a reduced setback of S feet where regulations would otherwise require an
8.5 foot setback, provided the exception does not have significant impacts on solar
exposure for neighboringproperties.
As this section is currently worded,. an exception could be granted to allow a multi story
house to have a zero side or rear setback based only on findings related to solar access.
Proposed revisions would clarify that exceptions may not be granted under this section for
less than the minimum setback (typically S feet). An additional finding is recommended
regarding privacy and overlook which are often as much a concern as solar exposure in
evaluating these types of exceptions.
17.16.020 Yards.
E. Exceptionsto Yard Requirements.
2. Discretionary Exceptions_
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 circumstanc
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;
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Page 15
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;
HEIGHT MEASUREMENT RELATIVE TO SETBACKS
PAGE 31 / CLARIFICATION: Revisions are proposed to to Section 17.16 020 to clarify
how building height is measured in terms of existing versus natural topography.
Section 17.16.020 Yards.
.B. Measurement of yards.
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 natal e � g topography of the site, before
grading 9
CREEK SETBACKS
PAGE 37 / GENERAL PLAN CONSISTENCY REGARDING CREEK SETBACKS: Additional
findings are recommended for Section 17.16.025 on creek setbacks consistent with Open
Space Element Policy 3.2.1.E (General Plan Digest) which does not allow development to
locate inside the creek setback area unless "no practicable alternative " is available or one
of the other defined situations exists. (See page 18 and the definition for "practicable
alternative " in the Open Space Element.)
17.16.025 Creek setbacks.
4. Discretionary Exceptions.
d. Findings. Each discretionary exception shall be subject to each of the following findings,
regardlessof the type of project application underwhich the request is considered.
i. The location and design of the feature receiving the exception will minimize impacts to scenic
resources, water quality, and riparian habitat, including opportunities for wildlife habitation, rest, and
movement;
ii. The exception will not limit the City's design options for providing flood control measures that are
needed to achieve adopted City flood policies;
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Zoning Regulation Amendments
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iii. The exception will not prevent the implementation of City- adopted plans, nor increase the adverse
environmental effects of implementing such plans;
iv. There are circumstances applying to the site, such as size, shape or topography, which do not
apply generally to land in the vicinity with the same zoning, that would deprive the property of
privileges enjoyed by other property in the vicinity with the same zoning;
v. The exception will not constitute a grant of special privilege —an entitlement inconsistent with the
limitations upon other properties in the vicinity with the same zoning; and
vi. The exception will not be detrimentalto the public welfare or injurious to other property in the area
of the project or downstream.
CALCULATING LOT COVERAGE
PAGE 38 / CLARIFICATION: .A revision to the definition of coverage is recommended to
simples the calculation process. Figure 5 has been revised accordingly.
17.16.030 Coverage.
A.
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Page 17
I
100' I Balcony off
second floor
:Concrete patio .50 s.f.
!not included
I
\ � 0
s.f.
o
Breezeway
\ \ 1100 s.f.
1550 s.f. I Roof eave
�\ not included
Lot area = 8000 st
Structures = 2100 s.f.
Lot coverage = 26%
Figure 5
MEASUREMENT OF HEIGHT
PAGE 38. / CLARIFICATION: Revisions to this section are recommended to clam the
starting elevation for height measurements.
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 determined 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 aataral topography of the site, before grading
TABLE 6: PARKING REQUIREMENTS BY USE
PAGE 45 / CLARIFICATION AND CORRECTION Revisions to Table 6 are recommended so
that it contains the same retail use descriptions as those listed in Table 9 (Uses Allowed
by Zone). Other revisions are recommended to. correct an inaccurate reference to the
section of the regulations addressing home businesses and to reflect State definitions of
day care.
I- EA
Legislative Draft TA 191 -99
Zoning Regulation Amendments
Page 18
Type of Use
Table 6 - Parking Requirements by Use
Number of Off -Street Parting Spaces Required
Home business - see Section 1:7 OR 040 (no change)
�A8' 9U
Retail sales- indoor sales of building materials (no change)
and gardening supplies fiardware floor and
wall coverings, paint, glass stores, etc.)
Retail sales - appliances, furniture and (no change)
furnishings s<ca _ men • a
ent, business, office and
medical equipment stores; catalogue stores;
sporting goods, bisyrle and outdoor supply
(no change)
Retail sales and rental - autos, trucks, (no change)
motorcycles, RV's,
laerste
oa1sn , (no change)
Retail sales - auto parts and accessories (no change)
(no change)
Retail sales - general merchandise (drug, (no change)
hamhArare, discount, department and variety
stores)
CHAPTER 17.22: USE REGULATION
TABLE 9: USES ALLOWED BY REGULATION
PAGE 59 Revisions to Table 9 - Uses Allowed by Zone are recommended to correct
reference errors; add a column for an Agriculture zone; clarify that mineral extraction is
no longer an allowed use; and. eliminate confusion regarding "veterinarians " and "animal
hospitals.
(See Next Page)
1 -45
Table 9 -Uses Allowed by
R -1
R -2
R -3
R-4
Ee
C/O
O"
PF
C -N
C -C
C-
C -T
C -S .
N
Zone
S
R
Advertising and related services
A
AID
A
A
D
(graphic design, writing, mailing,
addressing, etc.
Agriculture - grazing and outdoor
A
A
A
A
crops
Agriculture - greenhouse culture,
_
PC
livestock feeding
Airports and related facilities
PC
PC
PC
Ambulance services
PC
PC
A
D
Amusement arcades (video games,
D
D
A
A
A
see Chapter 5.52, Electronic Game
Amusement Centers & 17.08.060)
Amusement parks, fairgrounds
PC
PC
9
8
A
A
FG
&
9
Antennas (municipal, commercial, and
PC30
PC
D
D
public utility broadcasting and wireless
telecommunications)
Athletic and health dubs,
D
D
D
PC
A
P
gymnasiums, fitness centers, game
courts
Auto dismantling, scrap dealers,
A
recycling centers
Auto repair and related services (body,
PC
D
A
A
brake, transmissions, muffler shops;
painting. eta)
Auto sound system installation
D12
D12
A
A
Banks and savings and loans
A
R
A
A
D'
D'
Bars, taverns, etc. (see Nightclubs)
D
D
D
D
D
D
Barbers, hairstylists, manicurists,
A
A
A
D
D
tanning centers
Bed and breakfast inns
PC
PC
D
A
A
A
Boarding/rooming houses, dormitories
PC
D
D
D
(See also Chapter 17.20)
Bowling alleys
PC
D
D
D
D
Broadcast studios
A
AID
A
A
A
Building and landscape maintenance
services
AID
A
A
A
Bus stations
PC
D
A
Cabinet and carpentry shops
D
P
1 -46
Table 9 -Uses Allowed by
:one
R -1
R -2
R -3
R-4G
C/O
S
0"
PF
C -N
C -C
C-
R
C -T
C -S
M
Caretakers' quarters
A
A
A
A
A
A
A
A
A
A
A
A
A
A
Carwash - mechanical
PC9
PC9
D
D
Carwash - self-service
D
D
PC9
A
A
Catering services
D
D
A
D
A
A
Cemeteries, mausoleums,
columbariums
PC
PC
PC
PC
PC
PC
PC
PC
PC
PC
PC
PC
Christrnas tree sales (see Section
47.084:199 -4y�)
.
Churches, synagogues, temples, etc.
PC
D
D
D
A
D
D
D
A
D1°
D"
D
m
Cirdrs, carnival, fair, festival, parades
(See Section 4;:� 0)
D
D
D
D
D
D
D
D
D
Computer services
A
A/D
A
A
D
Concurrent sales of alcoholic
beverages and motor Mel (See
Section 17.08.040)
D
D
D
D
Construction activities (see Section
17.08.010.C.5)
A
A
A
A.:
A
A
A
A
A
A
A
A
A
Contractors yards
A
A
.onvalesoent hospitals
PC
PC
D
PC
PC
D
Convents and monasteries
PC
A
A
D
Credit reporting and ootleGion
A
AID
A
A
Credit: unions and finance companies
A
A
A
Day Care
- family day can: homes (see
Section 17.08.100)
- Day care center "
A
D
A
D
A
D
A
D
A
A
A
D
A
A
A
AID
A
A
A
D
D
D
Delivery services
D
A
A
A
Detective and security services
A
AID
A
A
D
Drive -in theaters
PC
PC
Dwellings (See also Sea 17.55 -
Mixed Use Zone)
A'
A
A
A
A
A3
AID
A/D
AID
D
Educational conferences (see Section
17.08.0101-1)
D
D
D
D
Employment agencies
A
D '
A
A
Equipment rental
A
A
Exterminators and fumigators
A
A
Feed stores and farm supply sales
PC
A.
A
9orists
A
A
A
1 -47
Table 9 -Uses Allowed by
R -1
R -2
R -3
R-4
C/O
O"
PF
C -N
C -C
C-
C -T
C -S
P
Zone
S
A
Food banks and package food
D
D
distribution centers
Fortunetellers
PC
D
D
D
Fraternities and sororities
PC
PC
Gas distributors - containerized
D
A
(butane, propane, oxygen, acetylene,
M)
Government agency corporation yards
PC
A
A
Government agency offices and
PC
D
D
D
meeting rooms
High occupancy residential use
D
D
Home business (see Section
17.08.090)
Homeless shelters (see Section
PC
PC
PC
PC
PC
PC
PC
PC
PC
PC
17.08.110)
Hostels
PC
PC
A
A
A
Hospitals
PC
PC
Hot tubs - commercial use
PC
PC
PC
D
PC
PC
Insurance service -local
A
A/D
A
Insurance services - regional office
AID
A
Laboratories (medical, analytical
research)
PC
A
A
A
Laundry/dry cleaner
- cleaning plant
A'•
A
A
- pickup point
A
A
A
D
A
A
- self - service
A
A
A
D
D
Libraries
PC
A7
D
A
Manufacturing - food, beverages; ice;
D
A
apparel; electronic:, optical,
instrumentation products; jewelry;
musical instruments; sporting gam;
art materials
Manufacturing - basic metals,
PC
dkemicals, building materials,
fabricated metals, textiles, paper and
cardboard; machinery, transportation
equipment -
Minerafextraction (see Section
PC
p6
PG.
P6
F6
ipc
PG
PG
PG
PG
PG
AG
PG .
17:08.070)
Mobs home parks
A
A
A
A
Mobile home as construction office
(see Section 17.08.010C)
i
Table 9 -Uses Allowed by
R -1
R -2
R -3
RAF
C/0
0"
PF
C -N
C -C
C-
C -T
C -S
M
!one
S
R
Mobile homes as temporary residence
A
A
A
A
�_
A
A
A
at building site (see Section
17.08.01 OF)
Mortuaries
D
D
A
Motels and hotels (see also " bed and
A
A
A
breakfast inns'
Museums
PC
A
A
Nightdutis: discotheques, etc.. (see
D
D
D
PCr
Chapter &.40, Adult
Enterta irvnent
l�a9NSgrtreats) .
Offices (contractors) - all types of
A
AID
A
A
A
general and special building
contractors offices
Offices (engineering) engineers,
A
AID
A
A
t0
architects, and industrial design
Offices (professionaq attorneys,
A
a
AID
A
70
7D
counselors, medical services,
accountants, investment brokers,
realtors, appraisers
Organbtations (professional, religious,
D
D
A
D
AID
A
D
political, labor, fraternal, trade, youth,
Ac.) offices and meeting rooms
Parking (as a principal use)
PC's
D's
PC10
D's
Ds
b13
Parks
A
A
A
A
D
D
A
D
A
A
A
Photocopy senrioes, quick printers
A
A
AID
A
A
A
Photofinishing - retail
A
A
A
PC
A
Photofinishing - wholesale; and blue-
D
A
A
printing and microfilming service
Photographic studios
A
A
A
PC
A
Police and fire stations and training
facilities
PC
Pool halls, billiard parlors, etc.
PC
D
D
D
Post offices and public and private
postal services
- under 2000 square feet gross
PC
D
A
A
A
floor area per establishment
- 2,000 square feet or more gross
PC
A
A
A
floor area per establishment
Printing and publishing
D
D
A
A
Produce stand
`Q
D
A
A
A
A
Public assembly facilities (community
PC
D
D
D
PC
meeting rooms, auditoriums,
,bnvention/exhibition halls)
1 -49
Table 9 -Uses Allowed by
R -1
R -2
R -3
R-4
AO
C/O
O"
PF
C -N
C -C
C-
C -T
C -S
Zone
S
R
Railroad yards, stations, crew facilities
D
Refuse hauling, septic tank and
portable toilet services
Repair services
- small household appliances,
A
A
A
A
locksmiths, seamstress, shoe repair
- large appliances, electrical
D
A
equipment, power tools, saw
sharpening
Research and development - services,
A
A/D
A
A
software. consumer products,
instruments, office equipment and
similar items, and related fight
chemical processing
Research and development -
PC
transportation equipment, weapons,
metals, chemicals, building materials,
and similar items
Residential care faalities (state
licensed)
A
A
A
A
.�k
A
A
AID
A/D
AID
D
Restaurants, sandwich shops, take-
A
A
A
A
D
out food, etc
Retail Sales - convenience stores
A
A
A
A
D
Retail sales - outdoor sales of budding
V
D
A
A
and landscape materials
(lumberyards, nurseries, etc.)
Retail sates - indoor sales of budding
As
A
A
A
materials and gardening supplies
(hardware, floor and wall coverings,
paint, glass stores, eta
Retail sales - appliances, furniture and
As
A
A
A
fumish6hgs, musical instruments; data
Pr9 equipment business,
office and medical equipment stores;
catalog stores; sporting goods,
outdoor supply
Retail sales and repair of bicycles
A
A
A
A
Retail sates and rental - autos, trucks,
D
A
motorcycles, RVs
Retail sales - auto parts and
D
D
A
A
accessories except tires and batteries
as principal use
Retail sales - Ores and batteries
A
A
Retail sales and rental - boats, aircraft,
A
rnobile horses
1 -50
A
A
A
A
0
A
A
PC
PC
PC
PC
Table 9 -Uses Allowed by
R -1
R -2
R -3
R-4
C/O.
O"
PF
C -N
C-C
C-
C -T
C -S
M
Zone
S
R
Retail sales - groceries, liquor and
A
A
A
PC
specialized foods (bakery, meats,
dairy items. etc.)
Retail sales - neighborhood grocery
D
D
D
D
A
A
D
(See also Sec. 17.08.095)
Retail sales - general merchandise
(drug, discount, department and
variety stores) (See also 'Retail sales -
warehouse stores)
- 15,000 square feet or less gross
A
A
A
floor area per establishment
- 15,001 to 60,000 square feet gross
PC
A
A
floor area per establishment
- more than 60,000 square feet
PC
D
gross floor area per establishment
Retail sales and rental - speaames
A°
A
A
(shoe stores, clothing stores,
book/recordA ideotape stores, toy
stores, stationery stores, gift stops)
Retail Sales -warehouse stores
-45,000 square feet or less gross floor
PC
D
D
area per establishment
-more than 45,000 square feet gross
PC
PC
floor area per establishment
PC
Schools
- Nursery schoolslPre- school (see
Day care)"
- Elementary, junior high, high
PC
PC
D
D
D
D
schools; schools for disabled/
handicapped
- Colleges/universities
D
- Business, trade, recreational, or
PC
AID
A
D
Ds
other specialized schools
- Boarding schools and academics
PC
PC
Secretarial and related services (court
A
AID
A
D
reporting, stenography, typing,
telephone answering, etc.)
Service stations (see Section
D
D
D
A
A
17.08.030)
Skating rinks
PC
PC
D
PC
PC
Social services and charitable
A
D
D
A
A
agencies (see also "organizations'
Stadiums
PC
PC
PC
1 -51
Table 9 -Uses Allowed by
11-1
R -2
R -3
R-4
GG
C/O
O"
PF
C -N
C -C
C-
C -T
C -S
P'
Zone
S
R
Swap meets
PC
PC
Sxmnming pools (public)
PC
PC
PC
PC
Tattoo parlors
D
D
Tallow works
PC
Temporary parking lots (see Section
17.08.0101)
Temporary real estate sales office in
D
D
D
D
tract (see Section 17.08.01 06)
Temporary sales (see Section
D
D
D
D
D
D
17.08.010.)
Temporary uses - not otherwise listed
in Section 3X.98:B48i4 0
D
D
D
D
D
D
D
D
D
D
D
D
D
Theaters (see Chapter 5.40, Adult
PC'
PC"
D
D
Entertainment Establishments)
e
Tickettravel agencies
A
A'
A
A
D
D
Time recapping
A
A
Title companies
A
A
A
Trailer rental
D
A
i
Tnxkingftd service
A
A
Uh7ily companies
- Corporation yards
PC
A
A
- Customer account services (bill
A
D
A
D
paying and inquiries)
- Distribution and transmission
facilities - see Section 17.08.080
- Engineering and administration
offices
A
D
AID
A
D
- Payment drop points
A
D
A
A
A
Vending machines (see Section
17.08.050)
Vetierinarians, 06' rcY`" 'n
Olt
ADD°..
A°
D
=_
e a:
Warehousing, mi6dorage, moving
A
A
company
Water and wastewater treatment
PC
plants
1 -52
Table 9 -Uses Allowed by
Lone
R -1
R -2
R -3
R-4
AG
C/0
S
0"
PF
C -N
C -C
C-
R
C -T
C -S
M
Water treatment servioes
A
A
Wholesale and mail -order houses'
PC
A
A
Zoos
PC
1 -53
Notes:
1. In the C-N, CS, and M zones, only branches of banks are allowed - no headquarters.
2. Except for condominiums, the development of more than one dwelling on a land parcel in the R -1 zone requires
approval of an administrative use permit. R -1 density standards apply:
3. In the O zone, dwellings on a site occupied by residential uses only are allowed. Dwellings on a site with
nonresidential uses require approval of an administrative use permit.
4. In the C-N zone, hot tubs/spas for commercial use must be enclosed.
5. In the M zone, schools are limited to those offering instruction in fields supportive of allowed uses.
6. In the O, M C-C and C-R zones, animals at veterinarian's facilities must be kept within a building.
7. In the C-N zone, branch libraries only are allowed.
8. In the C-N zone, the following types of uses are allowed provided that (1) the gross floor area of each establishment
shall not exceed 2,000 square feet and (2) the combined floor area of all such establishments within a shopping
center shall not exceed 25% of the total floor area in a shopping center with a gross floor area of 15,000 square feet
or greater, or shall not exceed 50% of the total floor area in a shopping center with a gross floor area of less than
15,000 square feet:
Retail sales - outdoor sales of building and landscape materials.
Retail sales - indoor sales of building materials and gardening supplies.
Retail sales - appliances, furniture and furnishings, musical instruments; data processing equipment
business, office and medical equipment stores; catalog stores; sporting goods, outdoor supply.
Retail sales and rental - specialties, except that the floor area of video stores shall not exceed 3,000 square feet
Ticketltravel agencies.
For parcels not located within shopping centers, an administrative use permit shall be required for the uses listed
above, to insure consistency with policies of the General Plan Land Use Element and compatibility with surrounding
uses. The use permit may provide for exceptions to the floor area limitations listed under (1) and (2) above.
9. In the C-N and C-T zones, car washes are allowed only in conjunction with and incidental to service stations.
10. Large professional office buildings which can include multiple tenants but with no single tenant space less than
2,500 square feet may be established in the CS and M zones subject to the approval of a Planned Development
(PD) zoning application and compliance with findings specified in Section 17.62.040 C. However, this provision
notwithstanding , the following types of office - related uses are prohibited in PDs approved for CS and M zones:
Non - branch banking services, real estate offices, financial institutions, medical clinics, doctor's offices, and lawyer's
offices.
11. An administrative use permit is required for the construction of nonresidential structures or the conversion of
residential structures to non - residential uses in the O zone. In order to approve a use permit the Director must make
each of the following findings:
A. That the location, orientation, height, and mass of new structures will not significantly affect privacy in nearby
residential areas.
B. That the project's location or access arrangements will not significantly direct traffic to use local streets in nearby
residential areas.
C. That the project includes landscaping and yards that adequately separate parking and pedestrian circulation
areas from sites in nearby residential areas.
12. In the C-C and C-R zones, use permit review of automobile sound system installations should include consideration
of the following items: parking space displacement, noise from the operation, and appearance. Use permits may be
approved only when the use is accessory to a retail sales operation.
13. Where parking as a principal use is allowed, deviations to existing setbacks and building heights are permitted upon
approval of use permit as required by Seddon 17.22.010. All multi -level parking facilities shall require the approval
of a use permit by the Planning Commission.
14. Theaters in the C-N zone shall be limited to 4,000 square feet in size, a single screen, and restricted to shopping
center sites in the zone (See Section 17.04.371).
1 -54
15. Use permit review shall consider that the CS zone is primarily intended to accommodate uses not generally suited
to other commercial zones because of noise, truck traffic, .visual impacts and similar factors. A use permit may be
approved only when the church will not likely cause unreasonable compatibility problems with existing or likely future
service commercial uses in the vicinity. Use permit conditions may include measures to mitigate incompatibility.
16. In the PF zone, only non -profit theaters are permitted.
17. Allowed by right where accessory to a church or school, or where an employer provides on -site child care to 42 24
or fewer children for the exclusive benefit of employees, providing the primary use meets City parking standards.
18. Church uses may be allowed inside existing buildings only.
19. Dry cleaning plants in the C-N zone shall be allowed subject to the following performance standards: less than
2,000 square feet in area; use APCDapproved low-emission equipment; and cleaning done on -site shall be for
customers coming to this location only (not serve as a regional plant).
20. Allowed in Open Space zones only if consistent with Land Use Element Policies 6.1.2 and 6.2.2 and Open Space
Element policies regarding resource protection of hills and mountains and scenic resources.
21. In the CS zone, nightclubs must contain a minimum of 4,500 square feet of floor area. The required use permit
process shall address parking, neighborhood compatibility and security issues.
22. Emergency medical facilities may be allowed in the C-N zone, with approval of an Administrative Use Permit,
provided the gross floor area of such establishment shall not exceed 3,500 square feet.
1 -55
DRAFT
SAN LUIS OBISPO
PLANNING COMMISSION MEETING MINUTES
DECEMBER 1, 1999
CALL TO ORDER/PLEDGE OF ALLEGIANCE:
The San Luis Obispo Planning Commission was called to order at 7:05 p.m. on
Wednesday, December 1, 1999, in Council Chambers of City Hall, 990 Palm Street,
San Luis Obispo, California.
ROLL CALL:
Present: Commissioners David Jeffrey, Stephen Peterson, Charles Senn, Allan
Cooper, Alice Loh (Arriving at 8:20) and Chairman Paul Ready
Absent: Commissioner Mary Whittlesey
Staff Recording Secretary Leaha Magee, Associate Planners Glen Matteson,
Pam Ricci, Whitney Mcllvaine, and John Shoals, Long Range Planning
Manager John Mandeville, Community Development Director Arnold
Jonas, Supervising Engineer Jerry Kenny, Principle Transportation
Planner Terry Sanville, Utilities Director John Moss, Deputy Public Works
Director Tim Bochum, Natural Resources Manager Neil Havlik, Public
Works Director Mike McCluskey, Finance Director Bill Staffer, Park and
Recreation Director Paul Le Sage, and Assistant City Attorney Gilbert
Trujillo.
ACCEPTANCE OF THE AGENDA:
The Commission and staff discussed the absences of commissioners in dealing with
hearing the agenda as presented. Staff reported a continuance request for Agenda
Item 1 to December 15, 1999.
Commissioner Peterson expressed disappointment in the continuance request because
many citizens were in the audience ready to participate in the matter.
Commissioner Jeffrey recommend interested parties be renoticed if a continued hearing
date is approved.
Commissioner Cooper suggested a project map be included with renotification.
Commissioner Senn moved to continue Agenda Item 1 Dalidio Area ANNX PD and
motion.
1 -56
Draft Planning Commission Minutes
December 1, 1999
Page 3
AYES: Commissioners Senn, Jeffrey, Peterson, Cooper, and Chairman Ready
NOES: None
ABSENT: None
ABSTAIN: None
The motion carried 5-0 -0. Commissioners Loh and Whittlesey were absent.
ACCEPTANCE OF THE MINUTES:
The Planning Commission Meeting Minutes of October 27, 1999, were accepted as
presented.
PUBLIC COMMENT ON NON - AGENDA ITEMS:
Brett Cross, 1217 Mariner's Cove, doesn't feel the city following housing and land use
policies dealing with conservation of existing stock housing. He gave examples of
residential units converted to offices and requested that city policies be followed.
PUBLIC HEARINGS:
1. Dalidio Area, ANNX, PD and ER 57 -98: Annexation of 131 acres into the City;
prezoning of the site within the annexation area to Retail- Commercial [with or without
a Planned Development Overlay (C -R -PD) or Special Considerations Overlay (C-R-
S)], R -3 (Medium -High Density Residential) and Conservation /Open Space (C /OS);
and environmental review; SC Properties, LLC, applicant.
This item was continued to January 12, 2000.
2. Citywide, TA 191 -99: Various zoning regulation amendments, including
development of an Agricultural Zoning District; City of San Luis Obispo, applicant.
Associate Planner Whitney Mclivaine presented the staff report and recommended that
the Planning Commission recommend to the City Council approval of the negative
declaration of environmental impact (ER- 191 -99) and adoption of the proposed zoning
text amendments.
Commissioner Peterson questioned creek setback regulations and implications of floor
area ratio limitations, as they might affect promotion of .a more compact, dense urban
form.
Commissioner Cooper had staff address floor area ratios specified in the Land Use
Element.
There were no further comments /questions and the public comment session was
opened.
PUBLIC COMMENT:
1 -57
Draft Planning Commission Minutes
December 1, 1999
Page 4
Brett Cross, 1217 Mariner's Cove, questioned unintended consequences of zoning
regulation changes.
Jim Lopes, 2230 Exposition Drive, supports the establishment of an agricultural zone in
the city.
Seeing no further speakers come forward, the public comment session was closed.
COMMISSION COMMENT:
Commissioner Senn questioned if bed and breakfast inns, caretakers' quarters, and
parks could be appropriately permitted in the Agricultural zone.
Associate Planner Mcllvaine replied that proposed uses are primarily intended to
minimize impacts to prime agricultural soils, but the Planning Commission can make
any changes they deem appropriate. She also noted that caretakers' quarters are
allowed in every other zone.
Commissioner Jeffrey suggested requiring Director's approval to address concerns.
Commissioner Senn moved to approve the addition of Chapter 17.33 with amendments
AYES: Commissioners Senn, Jeffrey, Peterson, Cooper, and Chairman Ready
NOES: None
ABSENT: Commrs. Loh and Whittlesey
ABSTAIN: None
The motion carried 5-0-0. Commissioners Loh and Whittlesey were absent.
seconded the motion.
AYES: Commissioners Cooper, Peterson, Jeffrey, Senn, and Chairman Ready
NOES: None
ABSENT: Commrs Loh and Whittlesey
ABSTAIN: None
The motion carried 5-0-0. Commissioners Loh and Whittlesey were absent.
Commissioner Peterson moved to aoproved the recommended changes to Chapter
17.04.140, Dwelling. Commissioner Cooper seconded the motion.
AYES: Commissioners Peterson, Cooper, Jeffrey, Senn, and Chairman Ready
NOES: None
ABSENT: Commrs. Loh and Whittlesey 1 -58
Draft Planning Commission Minutes
December 1, 1999
Page 5
ABSTAIN: None
The motion carried 5 -0-0. Commissioners Loh and Whittlesey were absent.
AYES: Commissioners Senn, Peterson, Jeffrey, Cooper, and Chairman Ready
NOES: None
ABSENT: Commrs. Loh and Whittlesey
ABSTAIN: None
The motion carried 5 -0 -0. Commissioners Loh and Whittlesey were absent.
AYES: Commissioners Peterson, Senn, Cooper, Jeffrey, and Chairman Ready
NOES: None
ABSENT: Commrs. Loh and Whittlesey
ABSTAIN: None
The motion carried 5-0-0. Commissioners Loh and Whittlesey were absent.
Commissioner Senn moved to accept the recommended changes to Chapter 17.08.100,
Child and Adult Day Care. Commissioner Peterson seconded the motion.
AYES: Commissioners Senn, Peterson, Jeffrey, Cooper, and Chairman Ready
NOES: None
ABSENT: Commrs. Loh and Whittlesey
ABSTAIN: None
The motion carried 5-0-0. Commissioners Loh and Whittlesey were absent.
Commissioner Senn moved to accept the recommended changes to Chapter 17.12,
Nonconforming Lots Administrative Hearing Requirements. Commissioner Peterson
seconded the motion.
AYES: Commissioners Senn, Peterson, Jeffrey, Cooper, and Chairman Ready
NOES: None
ABSENT: Commrs. Loh and Whittlesey
ABSTAIN: None
The motion carried 5-0-0. Commissioners Loh and Whittlesey were absent.
1 -59
Draft Planning Commission Minutes
December 1, 1999
Page 6
The Commission and staff discussed floor area ration citations by zone.
Commissioner Peterson recommended a General Plan amendment that would allow
more density downtown.
AYES: Commissioners Senn, Jeffrey, Peterson, Cooper, and Chairman Ready
NOES: None
ABSENT: Commrs. Loh and Whittlesey
ABSTAIN: None
The motion carried 5 -0 -0. Commissioners Loh and Whittlesey were absent.
AYES: Commissioners Senn, Peterson, Jeffrey, Cooper, and Chairman Ready
NOES: None
ABSENT: Commrs. Loh and Whittlesey
ABSTAIN: None
The motion carried 5-0 -0. Commissioners Loh and Whittlesey were absent.
AYES: Commissioners Senn, Peterson, Jeffrey, Cooper, and Chairman Ready
NOES: None
ABSENT: Commrs. Loh and Whittlesey
ABSTAIN: None
The motion carried 5-0 -0. Commissioners Loh and Whittlesey were absent.
Commissioner Senn moved to accept the recommended changes to Chapter 17.16.020.
Yards. #2. Discretionary Exceptions, page 14. Commissioner Peterson seconded the
motion.
AYES: Commissioners Senn, Peterson, Jeffrey, Cooper, and Chairman Ready
NOES: None
ABSENT: Commrs. Loh and Whittlesey
ABSTAIN: None
The motion carried 5-0-0. Commissioners Loh and Whittlesey were absent.
Commissioner Cooper moved to accept the recommended changes to Chapter
17.16.020, Yards, B, 3, page 15. Commissioner Peterson seconded the motion.
1 -60
Draft Planning Commission Minutes
December 1, 1999
Page 7
AYES: Commissioners Cooper, Peterson, Jeffrey, Senn, and Chairman Ready
NOES: None
ABSENT: Commrs. Loh and Whittlesey
ABSTAIN: None
The motion carried 5-0-0. Commissioners Loh and Whittlesey were absent.
Commissioner Peterson moved to accept the recommended changes to Chapter
17.16.025, Creek Setbacks. pale 15. Commissioner Cooper seconded the motion.
AYES: Commissioners Peterson, Cooper, Jeffrey, Senn, and Chairman Ready
NOES: None
ABSENT: Commrs. Loh and Whittlesey
ABSTAIN: None
The motion carried 5-0 -0. Commissioners Loh and Whittlesey were absent.
Commissioner Peterson moved to accept the recommended changes to Chapter
17.16.030 Coverage. page 16. Commissioner Senn seconded the motion.
AYES: Commissioners Peterson, Senn, Jeffrey, Cooper, and Chairman Ready
NOES: None
ABSENT: Commrs. Loh and Whittlesey
ABSTAIN: None
The motion carried 5-0-0: Commissioners Loh and Whittlesey were absent.
AYES: Commissioners Cooper, Peterson, Jeffrey, Senn,, and Chairman Ready
NOES: None
ABSTAIN: None
The motion carried 5 -0 -0. Commissioners Loh and Whittlesey were absent.
In discussing Table 6, page 17, Commissioner Jeffrey felt parking requirements for adult
and child daycare centers and other residential care uses are insufficient. He would like
staff to review these parking requirements and see if more parking should be required.
adults or 14 children. Commissioner Cooper seconded the motion.
AYES: Commissioners Jeffrey, Cooper, Peterson, Senn, and Chairman Ready
NOES: None
ABSENT: Commrs. Loh and Whittlesey
ABSTAIN: None 1_61
Draft Planning Commission Minutes
December 1, 1999
Page 8
The motion carried 5-0 -0. Commissioners Loh and Whittlesey were absent.
AYES: Commissioners Senn, Peterson, Jeffrey, Cooper, and Chairman Ready
NOES: None
ABSENT: Commrs. Loh and Whittlesey
ABSTAIN: None
The motion carried 5-0 -0. Commissioners Loh and Whittlesey were absent.
Commissioner Senn moved to recommend to the City Council approval the negative
AYES: Commissioners Senn, Jeffrey, Cooper, Peterson, and Chairman Ready
NOES: None
ABSENT: Commrs. Loh and Whittlesey
ABSTAIN: None
The motion carried 5-0-0. Commissioners Loh and Whittlesey were absent.
3. Easterly Side of the City, GPA and ER 190 -99: Amendment the Circulation
Element of the General Plan to change the alignment of the rado Road easterly
extension, and environmental review; City of San Luis O spo, applicant
Commissioner Senn and Chairman Ready refrained om participation due to potential
conflicts of interest. Vice Chairman Jeffrey cond ed the hearing. Commissioner Loh
arrived at 8:20 and participated in hearing this ' m.
Manager Mandeville, Deputy Director )chum, Director Le Sage, Manger Havlik,
Assistant City Attorney Trujillo, and sociate Planner Matteson presented a joint staff
report and recommended (1) initi in an amendment to the General Plan Circulation
Element and (2) reviewing th ' itial environmental study and accepting the proposed
negative. declaration, and commending to the City Council that the amendment be
approved along, the egative declaration.
Commissioner C9dper asked why the southern alternative was deleted from the
presentation.
Associa ,0TIanner Matteson stated the southern alternative is covered in the evaluation
and I vailable to the Commission; it has not been the focus of discussion to this point.
Commissioner Loh remarked a southern route would disturb a serpentine rock
outcropping and a northern route would disturb an archaeological site. 1 -62
' city o f sAn iws os�spo i
INITIAL STUDY
ER 191 -99 (Citywide)
1. Project Title: Zoning Regulations Amendments
2. Lead Agency Name and Address:
City of San Luis Obispo
990 Palm Street
San Luis Obispo, CA 93401 -3249
3. Contact Person and Phone Number:
Whitney Mcllvaine, Associate Planner
4. Project Location: Citywide
5. Project Sponsor's Name and Address:
City of San Luis Obispo
990 Palm Street
San Luis Obispo, CA 93403
6. General Plan Designation: Citywide
7. Zoning: Citywide
8. Project Description:
Text amendments to various sections of the City of San Luis Obispo's Zoning
Regulations dated February 12,1999. The project involves minor modifications -
primarily for clarification - to: zoning definitions, side yard setback regulations,
density and coverage regulations, findings required for creek setback exceptions,
land use descriptions in Table 6 to match those in Table 9, and miscellaneous
amendments. The addition of an Agriculture zone and commercial floor area
ratios are recommended consistent with adopted General Plan policies. A copy
of the recommended text amendments are included as Attachment 1.
The intent of these text amendments is to ensure that the City's Zoning
Regulations are consistent with the General Plan; implement changes in State
law; correct reference errors; and clarify confusing sections.
9. Project Entitlements Requested:
Zoning text amendment
Environmental review
The City of San Luis Obispo is committed to include the disabled in all of its services, programs and activiti85 63
Telecommunications Device for the Deaf (805) 781 -7410.
10. Surrounding Land Uses and Settings: Citywide -
11. Other public agencies whose approval is required (e.g. permits, financing
approval, or participation agreement): None
ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED:
The environmental factors checked below would be potentially affected by this project,
involving at least one impact that is a "Potentially Significant Impact" as indicated by the
checklist on the following pages.
DETERMINATION:
On the basis of this initial evaluation:
I find that the proposed project COULD NOT have a significant effect on the
Land Use and Planning
environment, and a NEGATIVE DECLARATION will be prepared.
Biological Resources
I find that although the proposed project could have a significant effect on the
Aesthetics
environment, there will not be a significant effect in this case because the mitigation
Population and Housing
measures described on an attached sheets have been added to the project. A
Energy and Mineral
MITIGATED NEGATIVE DECLARATION will be prepared.
Cultural Resources
I find that the proposed project May have a significant effect on the environment, and
an ENVIRONMENTAL IMPACT REPORT is required.
Resources
I find that the proposed project MAY have a significant effect(s) on the environment,
but at least one effect (1) has been adequately analyzed in an earlier document
Geological Problems
pursuant to applicable legal standards, and (2) has been addressed by mitigation
Hazards
measures based on the earlier analysis as described on attached sheets, if the effect
Recreation
is a "Potentially Significant Impact" or is "Potentially Significant Unless Mitigated." An
Water
ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects
Noise
that remain to be addressed
Mandatory Findings
of Significance
x M.
Air Quality
Public Services
Transportation and
Utilities and Service
r;.
Circulation
Systems
........ •:,.. .:. � �:;w
DETERMINATION:
On the basis of this initial evaluation:
I find that the proposed project COULD NOT have a significant effect on the
X
environment, and a NEGATIVE DECLARATION will be prepared.
I find that although the proposed project could have a significant effect on the
environment, there will not be a significant effect in this case because the mitigation
measures described on an attached sheets have been added to the project. A
MITIGATED NEGATIVE DECLARATION will be prepared.
I find that the proposed project May have a significant effect on the environment, and
an ENVIRONMENTAL IMPACT REPORT is required.
I find that the proposed project MAY have a significant effect(s) on the environment,
but at least one effect (1) has been adequately analyzed in an earlier document
pursuant to applicable legal standards, and (2) has been addressed by mitigation
measures based on the earlier analysis as described on attached sheets, if the effect
is a "Potentially Significant Impact" or is "Potentially Significant Unless Mitigated." An
ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects
that remain to be addressed
2 1 -64
Issues and Supporting Informatioi ", ources
Sow
Potent.
Potentially
Less Than
No
ER 70 -94 Phase III Text Amendments
Signif
significant
significant
Impact
Zoning Regulations
mitiesston
Impact
Incorporated
find that although the proposed project could have a significant effect on the
environment, there WILL NOT be a significant effect in this case because all
potentially significant effects (1) have been analyzed in an earlier EIR pursuant to
applicable standards and (2) have been avoided or mitigated pursuant to that earlier
EIR, including revisions or mitigation measures that are imposed upon the proposed
.s
igna re
October 28, 1999
Date
Ronald Whisenand, Development Review Manager For Arnold Jonas, Community Development Dir.
EVALUATION OF ENVIRONMENTAL IMPACTS:
A brief explanation is required for all answers except "No Impact" answers that are adequately supported
by the information sources a lead agency cites in the analysis in each section. A "No Impact" answer is
adequately supported if the referenced information sources show that the impact simply does not apply to
projects like the one involved (e.g. the project falls outside a fault rupture zone). A "No Impact" answer
should be explained where it is based on project-specific factors as well as general standards (e.g. the
project will not expose sensitive receptors to pollutants, based on a project - specific screening analysis).
2. All answers must take account of the whole action involved, including off -site as well as on -site,
cumulative as well as project - level, indirect as well as direct, and construction as well as operational
impacts.
3. "Potentially Significant Impact is appropriate if there is substantial evidence that an effect is significant. If
there are one or more "Potentially Significant Impact" entries when the determination is made, an EIR is
required.
4. "Potentially Significant Unless Mitigation Incorporated" applies where the incorporation of mitigation
measures has reduced an effect from "Potentially Significant Impact" to a "Less than Significant Impact"
The lead agency must describe the mitigation measures, and briefly explain how they reduce the effect to
a less than significant level (mitigation measures from Section 17, "Earlier Analysis," may be cross -
referenced).
5. Earlier analysis may be used where, pursuant to the tiering, program EIR, or other CEQA process, an
effect has been adequately analyzed in an earlier EIR or negative declaration. Section 15063 (c) (3) (D).
Earlier analyses are discussed in Section 17 at the end of the checklist.
6. Lead agencies are encouraged to incorporate into the checklist references to information sources for
potential impacts (e.g. general plans, zoning ordinances). Reference to a previously prepared or outside
document should, where appropriate, include a reference to the page or pages where the statement is
substantiated.. A source list should be attached, and other sources used or individuals contacted should
be cited in the discussion.
3 1 -65
Issues and Supporting Informatio.. ,ources
sources
Poem "
Potentially
Less Than
No
ER 70-94 Phase III Text Amendments
signii
significant
significant
Impact
Zoning Regulations
Issues
Unless
mitigation
Impact
policies adopted by agencies with jurisdiction
Incorporated
1.
LAND USE AND PLANNING - Would the. proposal:
a)
Conflict with general plan designation or zoning?
1,2
X
b)
Conflict with applicable environmental plans or
X
policies adopted by agencies with jurisdiction
over the project?
c)
Be incompatible with existing land use in the
X.
vicinity?
d)
Affect agricultural resources or operations (e.g.
X
impact to soils or farmlands, or impacts from
incompatible land uses?
e)
Disrupt or divide the physical arrangement of. an
X
established community (including a. low-income
or minority. community)?
The text amendments will ensure. that the City's Zoning Regulations are consistent with the
General Plan.
2.
POPULATION. AND HOUSING - Would thq,oroposal:
a)
Cumulatively exceed official regional or local.
X
population projections?
b)
Induce substantial growth in an area either
X
directly or indirectly (e.g. through projects in an
undeveloped :area or major infrastructure?
c)
Displace existing housing, especially affordable
X
housing?
F
T
The text amendments will not impact population and housing because they will not change the
existing residential densities specified in the General Plan Land Use Element.
3.
GEOLOGIC PROBLEMS. Would the.proposa'I result I- or expose: people to potential
impacts. involving: -
a)
Fau_'lt'_rupfure? .
X
b)
Seismic ground. shaking?
X
c)
Seismic ground failure, including liquefaction?
X
d)
Seiche, tsunami:, or volcanic hazard?
X
e)
Landslides or mudflows?
X
f)
Erosion, changes in topography orunstable soil
X
conditions from excavation, grading; or fill?
g)
Subsidence-of the land?
X
h)
Expansive soils?
X
i)
Unique geologic or physical features?
X
The project will not expose people to geologic hazards because it will not modify the City policy
on
development in areas with high geologic sensitivity.
1 -66
Issues and Supporting Information. ,ources
sources
roam.
Potentially
Less rnan
No
ER 70 -94 Phase III Text Amendments
or the rate and amount of surface runoff?
signit.
Significant
significant
Impact
b) Exposure of people or property to water related
Issues
un!ea
tmImpact
Zoning Regulations
hazards such as flooding ?.
t;� on
Incorporated
X
4. WATER. Would'. the proposal result in:
a) Changes in absorption rates, drainage patterns,
X
or the rate and amount of surface runoff?
b) Exposure of people or property to water related
X
hazards such as flooding ?.
X
c) Discharge into surface waters or other alteration
of surface water quality (e.g. temperature,
dissolved oxygen or turbidity?
X
d) Changes in the amount of surface water in any
water body?
X
e) Changes in currents, or the course or direction of
water ,movements?
X
f) Change in the quantity of ground waters, either
through direct - additions or withdrawals,. or
through..interception -of an aquifer by cuts or
excavations or through substantial. loss of
groundwater recharge capability?
X
g) Altered direction or rate of flow.of groundwater?
X
h) Impacts to groundwater quality?
X
i) Substantial ' � reduction in the amount of
groundwatr otherwise available for public water
supplies?
No impacts to water resources will occur as the project does not involve modifications to the
City's policies on water and drainage.
5. AIR QUALITY. Would-the-proposal:
a) Violate any air quality standard or contribute to X
an existing or projected air quality violation
(Compliance with APCD Environmental
Guidelines)?
b) Expose sensi ve receptors: to pollutants X
c) Alter air movement, moisture, or temperature, or X
cause any change in climate?
d) Create objectionable odors? X
The project will not impact air quality as it does not involve any amendments to City policy on air
pollution, nor will it generate additional sources of air pollution.
6., TRANSPORTATION/CIRCULATION. Would the
proposal result
in:
a) Increased vehicle trips or traffic congestion?
X
X
b) Hazards.to safety from design features (e.g.
sharp curves or dangerous intersections) or
incompatible uses (e.g. farm equipment))?
X
c) Inadequate emergency access or access to
nearby uses?
1 -67
Issues and Supporting Information. ,ources
sources
Potent.
Potentially
Less Than
No
ER 70-94 Phase III Text Amendments
signif.
significant
significant
Impact
Zoning Regulations
Issues
Unless
impact
x
alternative transportation (e.g. bus turnouts,
rtutigation
bicycle racks)?
Incorporated
d) Insufficient parking capacity on -site or off -site?
x
e) Hazards or barriers for pedestrians or bicyclists?
x
f) Conflicts with adopted poficies supporting
x
alternative transportation (e.g. bus turnouts,
bicycle racks)?
g) Rail, waterbome or air traffic impacts (e.g.
x
compatibility with San Luis Obispo Co. Airport
Land Use Plan)
The project is a text amendment, and therefore will not in itself create any effects on
transportation or circulation.
7. BIOLOGICAL- RESOURCES. Would the proposal affect:
a) Endangered, threatened or rare species or their
x
habitats (iiriduding..but not limited to .plants, fish,
insects, animals or birds)!
b) Locally designated species (e.g. heritage trees)?
x
c) Locally designated natural communities (e.g. oak
forest, coastal habitat, etc.)?
x
d) Wetland habitat.(e:g. marsh, riparian and vernal
x
pool?
e) Wildlife dispersal or migration corridors?
x
No biological impacts would occur as no specific site is under consideration.
8. ENERGY AND MINERAL- RESOURCES. Would the
,proposal:
a) Conflict With adopted energy conservation plans?
x
b) Use non- renewable resources in a wasteful and
x
inefficient manner?
c) Result in the loss of availability of a known
mineral resource #hat .would be of future value to
x
the region and the residents of the State? . .
The project will not conflict with City energy conservation
plans.
9. HAZARDS, .W, ,ouldthe_:proposal involve: .
a) A risk of accidental explosion .or release of
hazardous substances (including, but not limited
x
to: oil, pesticides, chemicals or radiation)?
b) Possible.: interference with an emergency
x
response plan or emergency evacuation plan?
c) . The creation of any health hazard or potential
x
health hazard?
d) Exposure of people to existing sources of
x
potential health hazards?
e) Increased fire hazard in areas with flammable
brush., grass or trees?
x
No hazardous impacts would occur as no specific site is under consideration.
1 M
Issues and Supporting Information sources
ER 70-94 Phase III Text Amendments
Zoning Regulations
Signi£ Significant significant Impact
Issues Unless Impact
mitigation
10. NOISE. Would the proposal result in:
a) Increase in existing noise levels?
b) Exposure of people to "unacceptable" noise
levels as defined by the San Luis Obispo
General Plan Noise Element?
X
X
Implementation of the text amendments will not conflict with the City's Noise Element and Noise
Ordinance.
11. PUBLIC SERVICES. Would the proposal have an effect upon, or result in a need for
new or altered government service_ s in any of the following areas:
a) Fire protection?
b) Police protection?
c) Schools?
d) Maintenance of public facilities, including roads?
e) Other governmental services?
X
X
X
X
X
The project will not impact public services as no specific
site is
under consideration.
12. UTILITIES AND SERVICE SYSTEMS. Would ttie proposal result in a need for new
systems or supplies, or substantial alterations to the following utilities:
a) Power or natural gas?
b) Communications systems?
c) Local or regional water treatment or distribution
facilities?
d) Sewer or septic tanks?
e) Storm water drainage?
f) Solid waste disposal?
g) Local or regional water supplies?
X
X
X
X
X
X
X
The project will not impact utilities systems as no specific site is under consideration.
13. AESTHETICS. Would the proposal:
a) Affect a scenic vista or scenic highway?
b) Have a demonstrable negative aesthetic effect?
c)' Create light or glare?
X
X
X
No impacts to aesthetics would occur with implementation of the zoning text amendments.
14. CULTURAL RESOURCES. Would the proposal:
a) Disturb.. paleontological resources?
b) Disturb archaeological resources?
c) Affect historical resources?
d) Have the potential to cause a physical change
which would affect unique ethnic cultural values?
e) Restrict existing religious or sacred uses-within
the potential impact area?
X
X
X
X
X
The project will not impact cultural resources as no specific site
is under
consideration.
1 -69
Issues and Supporting Informatioi..ources
Souioes
Potent
Potentially
Less Than
No
ER 70-94 Phase III Text Amendments
regional parks or other recreational facilities?
Signif.
Significant
Significant
Impact
Zoning Regulations
b) Affect existing recreational opportunities?
Issues
Unless
Impact
X
No impacts to recreational facilities and programs will occur with implementation of the zoning
text amendments.
mitigation
a) Does the project have the potential to degrade
X
the quality of the environment, substantially
Incorporated
reduce the habitat of a fish or wildlife species,
16. RECREATION. Would the proposal:
a) 'Increase the demand for neighborhood or
X
regional parks or other recreational facilities?
b) Affect existing recreational opportunities?
X
No impacts to recreational facilities and programs will occur with implementation of the zoning
text amendments.
16. MANDATORY FINDINGS OF SIGNIFICANCE.
a) Does the project have the potential to degrade
X
the quality of the environment, substantially
reduce the habitat of a fish or wildlife species,
cause a fish or wildlife population to drop below
self: sustaining :levels, threaten to eliminate a
plant. or animal community, reduce the number or
restrict the range of a rare or endangered plant
or animal or eliminate important examples of the
major periods of California history or prehistory?
Implementation of the Phase III Zoning Text Amendments will not
degrade the quality
of the
environment.
b) Does the project have the potential to achieve
X
short-term, to.the disadvantage of long -term,
environmental. goals ?.
Short- and long -term goals are the same.
c) Does the project have impacts that are
X
individually limited, but cumulatively
considerable? ( "Cumulatively considerable"
means that the incremental effects of a project
are considerable when viewed in connection with
the effects of the past projects, the effects of
other current projects, and the effects of probable
future.pro ects):..
No cumulative impacts are expected to occur from implementation of the zoning text
amendments.
d) Does the project have environmental effects
X
which will cause substantial adverse effects on
human beings, either:d_ irectly or indirectly?
See discussions above.
1 -70
17. EARLIER ANALYSES.
Earlier analysis may be used where, pursuant to the tiering, program EIR, or other CEQA
process, one or more effects have been adequately analyzed in. an earlier EIR or Negative
Declaration. Section 15063 (c) (3) (D). In this case a discussion should identify the following
items:
a) Earlier analysis used. Identify earlier analyses and state where they are available for
review.
No earlier analysis was used.
b) Impacts adequately addressed. Identify which effects from the above checklist were
within the scope of and adequately analyzed in an earlier document pursuant to applicable
legal standards, and state whether such effects were addressed by mitigation measures
based on the earlier analysis.
No earlier analysis was used.
C) Mitigation measures. Fore effects that are "Less than Signficant with Mitigation
Incorporated," describe the mitigation measures which were incorporated or refined from the
earlier document and the extent.to which they address site- specific conditions of the project.
No earlier analysis was used.
Authontyc'Pgblic Resources Code Sections 211083 a.nd 21087.
. 1080 (c), 21080.1, 210.80..3, 210821, 21083,
Reference Pubfic Resources Code .Sections 21 „
21083.3, 21093, 321094, 21.151; Sundstrom v. County of Mendocino, 202 Cal. App. 3d 296
(1988); Leorioff9° v. Monterey Board of Supervisors, 222 Cal. App. 3d 1337 (1990).
18. S_ OURCE REFERENCES
1.
General Plan Digest, City of San Luis Obispo, 1997
2.
Zoning Regulations, City of San Luis Obispo, February 1997
1 -71
MEMO
January 2, 2000
To:
Arnold Jonas
From:
Ken Schwart;
Re:
January 4 Ag
Copies: City Council,
N EL AG AGENK
DATE -!.— y: 0°_R EM a
Mcllvaine
#1: Proposed Agriculture Zoning
UNCIL
WDD DIR
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❑ FIN DIII
P'ACAO
❑ FIRE C';: -"
BITTORNEY
❑ P17 J;^
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❑ MG TEAM
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❑ UTIL DIII
_
❑ PERS DIR
Dunn, Jeff Jorgensen,
Bryce Tingle, Assist. Planning Director, SLO County; with attachment
Bob Lilley, Assist. County Agricultural Commissioner; with attachment
I will need considerably more evidence that there exists either within our present city limits
or within our urban reserve line parcels of land which are capable of supporting
"production agriculture" before I can be supportive of the Ag Zone as you have proposed
"Production agriculture" is a term I learned about during my eight year stint on the
County Planning Commission during which time our commission held 25 (yes, 25!)
public hearings between 1995 and 1997 on what has become the Ag and Open Space
Element of the County General Plan. County planning stn$ particularly Assistant
Planning Director Bryce Tingle, put in several years of work before that in working with
the ag community in evolving the staff draft presented for public hearing. Ag zoning is not
a simple matter.
In your proposal you state (pg 1 -3) as a purpose: "Me AG zone is intended to encourage
conservation of agricultural lands and continuation of agricultural uses and keeping of
livestock" Good! Now we have to provide the tools to make that work What you have
provided under Property development standards is not sufficiently complete to be
workable.
First oil; land to be zoned Ag must demonstrate that it is capable of sustaining
"production agriculture" over time. To say that our intention is to apply this zone to lands
".... where there has been a history of agricultural cultivation and keeping of livestock"
is not sufficient. Agriculture is a dynamic industry and what may have worked historically
may not work today. If we are serious about this AG zone, if we are serious about
Makin g it work, then we must set out this ordinance is such a manner that the lands we
wish to preserve in agriculture will work economically - hence the term `production
agriculture." To do less is a charade.
Successful agriculture has been historically dependent on three principle resources: soil
quality, water (and water quality is an important consideration), and climate - sunshine
days and rainfall Contemporary production agriculture is more and more dependent on
parcel size. Contemporary agriculture is becoming more and more mechanized. To
amortize equipment costs, farmers look for larger and larger units of land Iver @6@ V ED
JAN 3 — 2000
SLO CITY CLERK
MEMO Page 2 of 3
spread costs. To suggest (pg 14: 17.33.020 - B) a minimum parcel size of 5 acres is
-unrealistic. The serious agriculturists I have talked with would hike to see 40 acres as the
minimum parcel size - anything less invites breakdown into urban uses. (And yes, I know
that sugar peas can be grown locally and profitably on less than 40 acres.) Five acre
ranchettes are a bane to serious farmers and ranchers. They should not exist in our
proposed ordinance.
Before we move forward with this proposed ordinance, I request that staff provide the
Council with the following additional information:
A map identifying all parcels of land within our urban reserve line that have the
following characteristics:
a. Undivided parcels of 40 acres minimum under one ownership.
b. Undivided parcels of 20 acres minimum under one ownership.
c. A "history of cultivation or keeping of livestock."
d. Soil classification of each parcel with particular attention to soil classes 1 - 4.
e. The very best information possible on water available on each parcel in quantities
capable of sustaining production agriculture. (Water Quality Board may have
useful information.)
2. A professional review by the County Agricultural Commissioner's Office (Bob Lilly
would be an excellent contact as he shepherded the County work) giving their opinion
of our proposed ordinance and suggestions for improvement. To do the same with
Bryce Tingle of the County Planning staff would also be tremendously worthwhile.
In my opinion, Bryce is the chief agricultural planning guru on the Central Coast.
3. An opinion from Jeff Jorgensen on the need for the City to create a `Might to Farm
Ordinance" paralleling that of the County in order that farmers and ranchers will be
protected against complaints and intrusions ofneighboring urban land uses.
4. A review of the County ordinance ag buffer requirements especially those setbacks
required of new residential development adjacent to agriculturally zoned land to
minimize complaints generated by agricultural operations such as noise (ag operations
will sometimes go 24 hours), fertilizer /pesticide applications, and odor generated by
animal wastes. These ag buffers run from 50 feet to over 300 feet and are required of
the new development - not the ag operation. The cost of these ag buffers usually
drives other land values wild.
5. A determination regarding the fencing of ag lands.
In conclusion, I will need to be convinced that a Neg Dec is appropriate here. I have
substantial questions about noise generation, water resource use, pesticide uses,
greenhouse glare, glare from night- working ag equipment, and in the case of animal
MEMO Page 3 Of 3
production, odor control and disposal of animal wastes. If we are to take lands away from
urban uses, do we expand our urban reserve line to accommodate our population goals?
If so, what happens to our greenbeh program? What wi11 be the environmental impacts of
separating clusters of other land uses outward if we support the notion of internal islands
of ag preserves?
Are we prepared for the problems generated by hog farms, chicken ranches and
greenhouses? I can tell you from personal experience, these uses are major headaches and
if we are serious about an AG zone, we need to attend to these questions first, not after
we adopt a faulty ordinance.
0
•
memonanaum
January 3, 2000
TO: Council Colleagues
FROM: have Romero
SUBJECT: Zoning Regulations
1 -171NG AGENDA I
Un t E t� -00 I`e E`Il G
2tOUNCIL oC CDD DIR
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❑ G T L
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❑ UTIL DIR
❑ •
❑ PERS DIR i(
Although I have no problem with the general cleanup and clarification of the zoning regulations,
I believe the establishment of an agricultural zoning district in San Luis Obispo is not necessary.
I recognize that specific zoning will be required after establishment of the ordinance, but it is
difficult for me to find any circumstance under which I would vote for an agricultural zone
within the City.
My reasons are twofold:
a) An agricultural operation within the City of San Luis Obispo is contrary to the
basic principal of "compact-urban form." Agricultural zones will not require
urban services, thus service facilities will extend past these properties in an
inefficient manner.
b) Agricultural operations within a city are incompatible with urban living.
Agricultural operations, of necessity, will generate dust, mud on adjacent streets,
noise, operations at unusual hours, application of pesticides and other undesirable
characteristics for nearby urban uses. Agricultural operations should be outside a
city's urban reserve line, which is established to define the limits of urban and
agricultural uses.
For these reasons, I will be voting against that particular provision in the zoning amendment and
'urge my colleagues to do likewise.
/Ag zoning
AN 3 _ 2000 �
suo