HomeMy WebLinkAboutO-1610 Amend Title 17 Zoning Regulations - Establish Airport Overlay Zone & Special Focus AreaORDINANCE NO. 1610 (2014 Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, AMENDING TITLE 17 (ZONING
REGULATIONS) OF THE MUNICIPAL CODE (GPI/ER 15 -12)
WHEREAS, the City desires to update its General Plan Land Use and Circulation
Elements (LUCE) with policies to guide development based on logical infill development
patterns that discourage urban sprawl and provide for safe, high quality residential
neighborhoods and supportive amenities and services; and
WHEREAS, the policies and programs proposed in the LUCE Update reflect the
sentiment of the community as a whole. Since the LUCE Update process was initiated in
January 2012, there have been 34 LUCE Task Force (TF -LUCE) meetings; 12 Planning
Commission hearings and 19 City Council hearings held to refine the LUCE project description
and ensure that its policies and programs reflect the goals and desires of the community. These
efforts were informed by input from a community -wide survey and public workshops held
during this time; and
WHEREAS, the Planning Commission of the City of San Luis Obispo conducted public
hearings in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo, California, on
December 12th and 16th, 2013, for the purpose of reviewing recommendations of the Task Force
for the Land Use and Circulation Elements Update (TF -LUCE) and recommending a set of
policy changes for the Land Use and Circulation Elements (LUCE) to be studied through the
environmental review process; and
WHEREAS, the City Council of the City of San Luis Obispo reviewed the
recommendations of the Planning Commission at public hearings conducted January
14th
and
28th,
2014 in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo, California,
for the purpose of initiating the LUCE update project description to be considered through the
Environmental Impact Report (EIR); and
WHEREAS, the Draft EIR was released on June 13, 2014 with a 45 day comment period
that closed on July 28, 2014, the Final EIR was issued on September 3, 2014, was recommended
for certification by the Planning Commission on September 10, 2014, and was certified by the
City Council of the City of San Luis Obispo on September 16, 2014; and
WHEREAS, the Planning Commission of the City of San Luis Obispo conducted public
hearings in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo, California, on
September IOth, 1 Ith 17th & 18" 2014, for the purpose of considering General Plan Amendments
proposed as part of the Land Use and Circulation Element Update project including General Plan
Land Use Element diagram and Zoning map changes; and
WHEREAS, the City Council of The City of San Luis Obispo, conducted public
hearings in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo, California on
September 16, 2014; and adopted resolutions certifying the programmatic EIR, approving the
land use designations and policies for Bishop Knolls and General Hospital Special focus areas,
01610
Ordinance No. 1610 (2014 Series)
Page 2
and closing out the Sustainable Communities Grant; and
WHEREAS, the City Council of The City of San Luis Obispo, conducted public
hearings in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo, California on
September 30, 2014, and reviewed and provided direction on the draft Airport Overlay Zone
AOZ), draft Special Focus Overlay Zone, remaining Chapter 8 focus areas and Chapter 11 of
the Circulation Element; and
WHEREAS, the City Council of The City of San Luis Obispo, conducted public
hearings in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo, California on
October 7, 2014, and reviewed and provided direction on draft Land Use Element and, reviewed
and provided direction on Circulation Element; and
WHEREAS, the LUCE update which was referred to the Airport Land Use Commission
within the Airport Land Use Plan (ALUP) boundaries and associated Airport Overlay Zoning
Regulations have previously been found inconsistent with the ALUP, and the City Council has
overruled the ALUC in accordance with requirements of the State Aeronautics Act and is
consistent with the purposes of Article 3.5 as stated in Section 21670 et seq; and
WHEREAS, the City Council of The City of San Luis Obispo, conducted public
hearings in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo, California on
October 21, 2014, December 2, 2014, and December 9, 2014 for the purpose of final adoption of
the Land Use and Circulation Element update project (LUCE).
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of San Luis
Obispo as follows:
SECTION 1. Environmental Determination. The Draft EIR for the Land Use and
Circulation Element Update was released on June 13, 2014 with a 45 -day comment period that
closed on July 29, 2014 and the Final EIR was issued on September 3, 2014. For each identified
potentially significant effect under the categories of Agricultural Resources, Cultural Resources,
and Public Services, mitigation measures were included and incorporated into the LUCE Update
project to reduce the identified potentially significant adverse impacts to less than significant
levels. The significant effects identified in the Air Quality, Traffic and Circulation, and Noise
sections of the EIR will not be fully mitigated to a degree of insignificance with the
incorporation of all the identified mitigation measures included in the EIR. On September 10,
2014, the Planning Commission reviewed and recommended Council adoption of a Statement of
Overriding Considerations that the project benefits warrant project approval despite the
identified adverse environmental impacts. On September 16, 2014, the City Council held a duly
noticed public hearing and duly considered all evidence, including the testimony of interested
parties, and the evaluation and recommendations by the TF -LUCE, Planning Commission, and
staff presented at said hearing, and certified the Final EIR pursuant to the required findings,
including a Statement of Overriding Considerations. Pursuant to Section 15162 of the State
CEQA Guidelines, no subsequent or supplemental EIR shall be required unless: (a) Project
changes require major revisions of the EIR; (b) Changed circumstances have occurred that
require major revisions of the EIR; or (c) New information becomes available that was not
Ordinance No. 1610 (2014 Series)
Page 3
known and could not have been known at the time the EIR was certified. The minor LUCE
Update policy amendments that have occurred since certification of the Final EIR do not trigger
any of these requirements for supplemental review under CEQA and in fact most have the effect
of reducing project impacts.
SECTION 2. Findings. Based upon all the evidence, the Council makes the following
findings.
1. The recommended Airport Overlay Zoning (AOZ) provides for implementation of the
Community's intent to update the General Plan Land Use and Circulation Elements with
policies that balance goals for a vibrant economy and support of housing opportunities
with conservation of the City's natural environment, and protection of the City's unique
character and heritage that is consistent with the State Aeronautics' Act and guidance
with the California Airport Land Use Planning Handbook as evidenced by the City of San
Luis Obispo General Plan Update, Land Use and Circulation Element (LUCE), Airport
Compatibility Report, prepared by Johnson Aviation, dated August 11, 2014.
2. Implementing Airport Overlay Zoning (AOZ) Regulations are consistent with the
General Plan since development envisioned in the draft Land Use and Circulation
Element Update (LUCE) would be consistent with the AOZ and future development in
areas envisioned for development within the airport area located within Airport Land Use
Plan Safety zones S -lb, S -lc, and S -2 would be required to comply with regulations of
the AOZ, which include land use compatibility provisions, noise requirements, overflight
and obstructions (Part 77) provisions, and disclosure requirements regarding airport
operations consistent with the State Aeronautics Act, Federal Aviation Administration
requirements, and guidance of the California Airport Land Use Planning Handbook.
3. The proposed amendments will not be detrimental to the public health, safety, or welfare
since Airport Overlay Zoning (AOZ) Regulations are consistent with Article 3.5 of the
State Aeronautics Act and provide adequate protection for noise, safety, overflight, and
airspace protection as evidenced in the overrule findings supported by substantial
evidence contained in the Johnson Aviation Report dated August 11, 2014.
4. Airport Overlay Zoning (AOZ) Regulations ensure that land uses and development
within the Airport Overlay Zone (AOZ) are compatible with existing and future airport
operations since allowed uses and residential and non - residential density regulations have
been prepared using guidance from the San Luis Obispo County Regional Airport Land
Use Plan, State Aeronautics Act, and California Airport Land Use Planning Handbook
Guidelines and the City of San Luis Obispo General Plan Update, Land Use and
Circulation Element (LUCE), and Airport Compatibility Report, prepared by Johnson
Aviation, dated August 11, 2014.
5. Proposed amendments to Land Use Element designations and Zoning map changes
associated with the update to the Land Use and Circulation Element project support
development and redevelopment of sites that will accommodate the community's future
growth.
Ordinance No. 1610 (20I4- Series) -
Page 4
6. Recommended amendments to Land Use Element designations and Zoning map changes
associated with the update to the Land Use and Circulation Element project correspond to
recommended policy direction to address development areas in the City or in the City's
urban reserve areas which have special constraints or considerations.
7. Proposed amendments to Land Use Element designations and Zoning map changes
associated with the update to the Land Use and Circulation Element project present
opportunities in the community to develop customized land use and circulation
approaches or special design implementation to enhance their appearance and achieve
their respective development potential in a manner that is consistent with community
goals, objectives, and policies.
8. Land Use Element mapping amendments and Zoning changes associated with
implementation of the South Broad Street Area Plan are consistent with plans for
redevelopment reviewed through a separate planning effort involving 27 public hearings
and approximately 40 public outreach efforts.
9. Establishment of the Special Focus Area Overlay Zone will ensure implementation of
Special Focus areas will be consistent with the intent of policy language and objectives of
Land Use and Circulation Element update and ensure consistency with the State
Aeronautics Act with ongoing guidance from the California Airport Land Use Planning
Handbook.
SECTION 3. Section 17.22.010 of Chapter 17.22 , Uses Allowed by Zones, of the City
of San Luis Obispo's Municipal Code is amended to read as follows:
City of San Luis Obispo,
City Administration,
990 Palm Street, San Luis
Obispo,
CA, 93401-3249, 805.781.7114, slocity.
org DATE: February 24, 2015 FROM: Anthony
Mejia, City Clerk SUBJECT: Modification to Ordinance No. 1610 (2014 Series) Due to the discovery of a clerical error, page
5 of Ordinance 1610 (2014 Series), entitled "An Ordinance
of the City Council of
the City of San Luis Obispo, California, amending Title 17 Zoning Regulations) of the Municipal Code (GPI/
ER 15 -12)," has been amended as follows:
Section 17.22.010(C), Uses Allowed by Zones: Interpretation of Use Listing. These regulations are intended
to permit similar types of uses within each
zone. The director, subject to the appeal procedures of Chapter 17.66, shall determine whether uses which
are not listed shall be deemed allowed or allowed
subject to use permit approval in a certain zone. This interpretation procedure shall not be used as a substitute for
the amendment
D procedure as a means of adding new types of uses to a zone."
Ordinance N671610 (2014 - Series) Page
6 SECTION
4. Chapter 17.53, Special Focus Area (
S -
F) Overlay Zone, of the City
of San Luis Obispo'
s Municipal Code is
hereby added to read as follows: Chapter
17.53: Special Focus Area (
S -F) Overlay Zone Sections:
17.53.010 Purpose
and Application 17.53.020
Allowed Uses and Development Standards
17.53.030 Subsequent Amendments 17.
53.010 Purpose and application. The SF Overlay Zone is intended to
translate the provisions of General Plan Land Use Element Chapter 8 Special Focus Areas) into regulations for the
subsequent development of land. It will be applied to areas identified in Chapter
8 as Special Planning Areas, where the General Plan Land Use Element
calls for special design concepts. 17.53.020 Allowed uses and development standards. All development
within the Special Planning Areas shall
adhere to the requirements of the underlying zone district and the provisions for each
of the respective Special Planning Areas, as described in Chapter 8 of the Land Use
Element. In addition, development objectives within each of the Special Planning Areas shall
be interpreted by the Community Development Director or applicable advisory body or commission in order
to achieve the development objectives
of the Special Focus Areas. Where provisions of the underlying zone and Land
Use Element Chapter 8 conflict, Land Use Element policies shall take precedence. Planning
Commission review and approval is required for the following Special Focus
Areas: Foothill Boulevard /Santa Rosa, Cal Trans Site, Madonna Inn Area, Sunset Drive -in Theater /Prado
Road Area, LOVR Creekside Area as shown the Land Use Element. 17.
53.030 Subsequent Amendments.
Minor adjustments to internal zone district boundaries within each of the Special Planning Areas may be
proposed or required during development review based on physical site conditions, environmental impacts and other factors, as deemed appropriate in order
to best implement policies and programs contained in the General Plan. SECTION 5. Chapter 17.57, Airport
Overlay Zone (AOZ), of the City of San Luis Obispo's Municipal Code is hereby
added to read as follows:
Ordinance No. 1610 (2014 Series) Page
7 Chapter
17.57: Airport Overlay Zone (AOZ) Sections: 17.57.010 Purpose and Intent. 17.57.020 Applicability
17.57.030 Procedures 17.57.040 Development Standards and Uses 17.57.050 Overlay
Zones 17.57.060
Airspace protection 17.57.070 Noise 17.57.080 Overflight Notice 17.57.090
Open Land 17.57.010 Purpose and intent. The purpose and intent of the Airport Overlay Zoning
District is to: A. Implement the City's General Plan policies to ensure that all
land uses within the Airport Overlay Zone (AOZ) are consistent with the State Aeronautics Act, State
Law, Federal Aviation Administration Regulations, and guidance of the California Airport Land Use Planning Handbook. B. Ensure that
land uses and development within the Airport Overlay Zone (AOZ) are compatible with existing
and future airport operations. C. Prohibit the establishment of incompatible uses and further expansion of
incompatible uses which could detrimentally affect long term economic vitality of the
airport; and to avoid or minimize exposure of persons to
potential hazards associated with current and future airport operations. D. Prohibit development, uses, or any installations
or activities which could represent a hazard to existing and future flight operations. E. Recognize unique
constraints and considerations which apply to properties
potentially affected by airport operations by establishing regulations and review
criteria for land use and development which apply specifically to properties within the
Airport Overlay Zone (AOZ).
F. Recognize the boundary of the San Luis Obispo County Regional Airport Land
Use Plan (ALUP) within the city limits by establishment of an Airport
Overlay Zone (AOZ). 17.57.020 Applicability Regulations in this Chapter shall apply to all
uses, activities, and existing and proposed development on properties within Safety zones S -1 b, S -
1c and S -
2 designated in the ALUP. Should an override action be taken, the City shall ensure that
development
is consistent with direction in the State Aeronautics Act, the FAA regulations, and guidance provided in
the Caltrans division of Aeronautics Airport
Land Use Planning Handbook. New development and land uses within the Runway Protection Zone and
S -1a ALUP Safety Zones shall be consistent with provisions of the ALUP. A. Specific Plans.
For properties located within the AOZ which also are located within specific plans, development regulations,
standards, and policies shall be followed per respective specific plans. In cases where
policies or standards are not provided within the specific plan, the policies and standards
within this Chapter will apply in addition to other applicable Zoning Regulations,
Ordinance No. 1610 - (2-014- Series)
Page 8
General Plan, or other standards and regulations
which apply to the project or land use. In no case will a land use, activity, or
development be allowed to violate Airspace Protection Standards of 17.57.060. B. Existing Development and Land Uses. Non - conforming
uses and
structures shall comply with Airspace Protection Standards of 17.57.060 which prohibit any activities
that pose a risk to flight operations within the Airport Overlay Zone (AOZ). Existing land uses that are not
consistent with the Airport Overlay Zone (AOZ) are non - conforming uses and may continue, but
may not
expand more than 10% beyond the permitted project size at the time
of adoption of the AOZ. No increase in density for non - conforming residential
land uses is permitted. Non - conforming uses shall comply with Zoning Regulations Chapters 17.10
and 17.14 (Non- conforming uses and Non- conforming structures) provisions for expiration of non -
conforming status and proposed changes in land use which do not conform to
the AOZ. Development or land uses shall be considered "
existing" if one of the following conditions is met: 1. A
vesting tentative map has been approved and has not expired or all discretionary approvals have been obtained and
have not expired. 2. Building permits have been issued and have not expired. 3. The structures and site
development have been legally established and physically exist. 17.57.030 Procedures A. Approval.
All ministerial and discretionary actions within the Airport Overlay Zoning
District AOZ) shall be reviewed for consistency with this Chapter prior to approval. B. Mandatory findings for
approval. When a project or activity is subject to discretionary actions requiring a public
hearing or notice, the applicable review authority shall make all of the following findings, as applicable: 1.
The project or use complies with the noise compatibility policies of the
Airport Overlay Zone AOZ). 2. The project or use complies with
residential and non - residential density standards in Table 10 of the Airport Overlay
Zone (AOZ). 3. The project or use complies with Table
10 of the applicable Airport Overlay Zone. 4. The project
or use complies with the airspace protection policies of the Airport Overlay Zone.
5. The project or use complies with the overflight policies of the Airport Overlay Zone. A.
Amendments. Other than General Plan, Specific Plan, or Zoning Code changes addressed through a previous referral to
the San Luis Obispo County Regional Airport Land Use Commission (ALUC), or any
action to overrule any determination of th ALUC, proposed general plan land use amendments, zoning amendments,
and specific plan amendments that impact density or intensity of
development within the Airport Overlay Zone (
AOZ) shall
be referred to the Airport Land Use Commission for a determination of compatibility with the adopted Airport
Land Use Plan. B. Overrule Provisions. Should the San Luis Obispo County Airport Land Use
Commission (ALUC) update the
San Luis Obispo County Regional Airport Land Use Plan (ALUP), the City Council of
the City of San Luis Obispo shall review the updated ALUP and either make changes to applicable
General Plan sections, Zoning, and implementing ordinances, or the City Council may, pursuant to Public
Utilities Code Section 21676(b), overrule the ALUC.
Ordinance No. 1610 (20-14-
Series)- Page
9 17.57.040 Development Standards and Uses. Land
use compatibility standards are intended to minimize the risk to people and
property on
the ground as well as
to people in
an aircraft in
the
event of an accident or emergency landing occurring outside the airport
boundary.
A. Allowable Uses & Non - Residential Density. Table
10
lists the uses that are appropriate
in
the Airport Land Use Plan Safety Zones S -1b,
S -
1c and S -2. Table 10 includes
maximum
density standards for the safety zones listed above
which shall be
calculated in accordance with
the following method: 1. Non - residential density
calculation.
Calculations of non - residential density
shall be based on requirements of
SLOW
17.16.060. Parking Space Requirements with the assumption
of
1.3 occupants per
space and gross parcel size including
adjacent
roads to centerline of right -of -way. Non - residential
density shall be
calculated prior to reductions for shared use,
trip reduction, bicycle, etc. In determining allowed
persons per acre, all fractions shall be rounded to the nearest whole number. Example -
Proposed Development: Two office buildings, each two stories and containing
20,000 square feet of floor area per
building. Site size is 3.
0 net acres. Counting the adjacent
road to centerline of the right -of -way, 3.5 acres
gross. The number of people on the property is assumed
to equal 1.3 times the number of parking
spaces. The average usage intensity would therefore be calculated as follows: 1)
40,000 sq. ft. floor area x 1.
0 parking space per 300 sq. ft. = 134
2)
134 parking spaces x 1.3 persons per space = 174
persons per acre. 3) 174 persons /3.5
acres gross site size = 50 persons per
acre average for the site. 2. Exceptions. Subject
to approval of an administrative use permit, the Community Development Director may
determine another method of density calculation is
appropriate based on the particular characteristics of the proposed use and /or development. The method of calculation shall remain consistent
with recommended methodologies of Appendix "G" of the California
Airport Land Use Planning Handbook. B.
Interpretation of
use listing. The Community Development Director, subject
to the appeal procedures of Chapter 17.66, shall determine whether uses which are not listed shall
be deemed allowed or allowed subject to use permit approval in a certain zone that are consistent with the State
Aeronautics Act
with guidance from the California Airport Land Use Planning Handbook. This interpretation procedure shall not
be used as a substitute for the amendment procedure as a means of adding new types of uses to
Table 10.
Ordinance No. 1610 (2014 Series)
Page 10
TABLE 10 -AIRPORT OVERLAY ZONE (
AOZ) -MAXIMUM ALLOWED PERSONS
Areas within ALUP and outside Specific Plan areas - 17.
22.010.6.) Land Use Maximum Allowed Persons per Acre ALUP - Figure 13)
Specific Use &
Noise Regulations RPZ I S -1a
S -1b I S -1c S -2
AGRICULTURE Crop production ALUP ALUP 200 UZ UZ NSLU Grazing ALUP ALUP
200 UZ UZ NSLU Greenhouse/
Plant Nursery, commercial ALUP ALUP 200 UZ UZ NSLU Community Gardens
ALUP ALUP 200 UZ UZ NSLU Livestock feed lot
ALUP
ALUP 200 UZ UZ Vacation Rental 1 INDUSTRY, MANUFACTURING &
PROCESSING.
WHOLESALING Bakery, wholesale ALUP ALUP 200 UZ
UZ
NSLU urniture and fixtures manufacturing, cabinet shop ALUP
ALUP
200 UZ UZ NSLU Industrial research and
development
ALUP ALUP 200 UZ UZ NSLU Laboratory -
Medical,
analytical, research, testing ALUP ALUP 200 UZ UZ
NSLU
Laundry, dry cleaning plant ALUP ALUP
200 UZ UZ Vacation Rental 1 Manufacturing - Heavy
ALUP ALUP 200 UZ UZ Manufacturing - Light ALUP ALUP
200 UZ UZ Petroleum product storage and distribution
ALUP ALUP ALUP UZ UZ
Hazardous materials-17-57060 Photo and film
processing lab ALUP ALUP 200 UZ UZ Prinfing and publishing
ALUP ALUP 200 UZ
UZ Recycling facilities - Collection and processing facility ALUP
ALUP 200 UZ UZ Recycling facilities - Scrap and dismantling yard
ALUP ALUP 200 IJZ UZ Recycling facilities - Small collection
facility ALUP ALUP 200 UZ UZ Storage - Personal
storage facility ALUP ALUP 200 UZ UZ Storage yard ALUP ALUP
200 UZ UZ Hazardous materials -17 57 060 Warehousing, indoor storage
ALUP ALUP 200 UZ UZ Wholesaling and distribution ALUP ALUP 200 UZ UZ
LODGING Bed and breakfast inn ALUP
ALUP 200 UZ UZ NSLU Homeless shelter ALUP
ALUP 200
UZ UZ NSLU Hostel ALUP ALUP 200 UZ UZ NSLU
Hotel, motel ALUP ALUP
200
UZ UZ NSLU
Recreational vehicle (RV) park accessory to hotel, motel 200
UZ UZ NSLU Vacation
Rental
1 1 17
22 G Key: NSLU = Noise Sensitive Land Use (if within
60 db CNEL contour - Figure 13 - See requirements
of 17.57 070) UZ - as allowed in
underlying Zone or Specific Plan
Ordinance No. 1610 (2014 Series)
Page 11
c1tV of Sm1 LUIS OBISPO lo llllci 126E }ULktI0I1S
TABLE 10 - AIRPORT OVERLAY ZONE (ADZ) - MAXIMUM ALLOWED PERSONS Areas within ALUP
and outside
Specific Ptan arras - 17.22.
010.13.1 Land Use Maximum Allowed
Persons per Acre (ALUP - Figure 13) Specific Use 6 Noise Regulations RPZ I
S -1a
I S -1b I SAC I S -2 RECREATION, EDUCATION, & PUBLIC
ASSEMBLY USES Club, lodge, private meeting hall ALUP ALUP 200
UZ UZ NSLU Commercial recreation facility- Indoor ALUP ALUP ALUP
UZ UZ NSLU Commercial recreation facility - Outdoor
ALUP ALUP ALUP UZ UZ NSLU
Educational conferences ALUP ALUP 200 UZ UZ NSLU Fitness/health facility
ALUP ALUP 200 UZ UZ NSLU Goll Course ALUP ALUP 200
UZ UZ NSLU Library, museum ALUP
ALUP 200 UZ UZ NSLU Library,
branch facili ALUP ALUP 200 UZ UZ
NSLU Nightclub ALUP ALUP 200 UZ UZ Park,
playground ALUP ALUP 200 UZ UZ NSLU Public assembly facility
ALUP ALUP 200 UZ UZ NSLU Religious facility ALUP ALUP 200 UZ UZ NSLU
School - Boarding school, eiemenFary, middle, secondary ALUP ALUP ALUP UZ
UZ NSLU School - College, university campus ALUP ALUP 200 UZ UZ NSLU
School - College, universily - Satellite classroom facdRv ALUP ALUP 200
UZ UZ NSLU School - Elementary, middle, secondary ALUP
ALUP ALUP UZ UZ NSLU School - Specialized educalionilrainin ALUP
ALUP 200 UZ UZ NSLU Special event ALUP
ALUP 200 UZ UZ NSLU Sports and active recreation
facility ALUP ALUP 200 UZ UZ NSLU Sports
and entertainment assembly facility ALUP ALUP ALUP I UZ
UZ Studio -Art, dance, martial arts, music, etc.
ALUP ALUP 200 UZ UZ NSLU Theater ALUP ALUP
ALUP UZ UZ Theater - Drive -in ALUP ALUP ALUP UZ UZ
RESIDENTIAL USES Boarding /rooming house, dormitory ALUP ALUP UZ' UZ UZ NSLU Caretaker
quarters ALUP ALUP UZi UZ UZ NSLU Convents and
monasteries ALUP ALUP UZ' UZ UZ NSLU Fraternity,
sorority ALUP ALUP UZi UZ UZ NSLU High occupancy residential
use ALUP ALUP UZ' UZ UZ NSLU Home occupation ALUP ALUP
UZ' UZ UZ NSLU Livelwork units ALUP
ALUP UZ' UZ UZ NSLU Mixed -
use project ALUP ALUP UZ' UZ UZ NSLU Mobile home as
temporary residence at building site ALUP ALUP UZr UZ UZ NSLU -
17 57 020 B Mobile home park
ALUP ALUP UZ' UZ UZ NSLU Multi- familydweun s ALUP ALUP UZi UZ
UZ NSLU - 1757.020.6 Residental care facilities - 6 or fewer residents ALUP
ALUP UZ' UZ UZ NSLU Residential care facilities • 7 at more res4orils ALUP ALUP UZi UZ UZ NSLU Residential hospice
facility ALUP ALUP UZ' UZ UZ NSLU Rest home
ALUP ALUP UZi UZ UZ
NSLU Single-
family dwellings ALUP ALUP UZ'
UZ UZ NSLU - 17
57 -020 B. Secondary dwelling units ALUP ALUP UZ'
UZ UZ NSLU Worklfive units ALUP ALUP UZi UZ UZ NSLU Key: NSLU =
Noise Sensitive
Land Use (if within 60 db
CNEL contour - Figure 13- See requirements of
17 57 070) UZ - as allowed in underlying Zone or Specific Plan
UZr = These uses not allowed
within 10,000 feet from the end of primary runway 11 -
29 for a width of 1,000 feet on
an
extension of runway cantenme; and are not allowed within
4000
feet from the end of the existing
secondary
runway 7 -25 for an areal 000 ft
wide
on an extension of the runway cenled'
vne
City of San Luis Obispo, City Administration, 990 Palm Street, San Luis Obispo, CA, 93401-3249, 805.781.7114, slocity.org
DATE: March 2, 2015
FROM: Anthony Mejia, City Clerk
SUBJECT: Modification to Ordinance No. 1610 (2014 Series)
Following the discovery of clerical errors, pages 12 and 14 of Ordinance 1610 (2014 Series),
entitled "An Ordinance of the City Council of the City of San Luis Obispo, California, amending
Title 17 (Zoning Regulations) of the Municipal Code (GPI/ER 15 -12)," have been amended as
follows:
Section 17.57.040(B), Interpretation of Use Listing:
Table 10—Airport Overlay Zone (AOZ)—Maximum Allowed Persons: Retail Sales
Land Use
Maximum Allowed Persons per Acre
(ALUP – Figure 13) Specific Use &
Noise Regulations RPZ S-1a S-1b S-1c S-2
Liquor, Store /
Alcohol Sales ALUP ALUP 200 UZ UZ
Land Use
Maximum Allowed Persons per Acre
(ALUP – Figure 13) Specific Use &
Noise Regulations RPZ S-1a S-1b S-1c S-2
Restaurant with late
hour alcohol service ALUP ALUP 200 UZ UZ
Table 10—Airport Overlay Zone (AOZ)—Maximum Allowed Persons: Transportation &
Communications
Land Use
Maximum Allowed Persons per Acre
(ALUP – Figure 13) Specific Use &
Noise Regulations RPZ S-1a S-1b S-1c S-2
Antennas and
telecommunications
facilities
ALUP ALUP FAA FAA FAA Airspace Protection
17.57.070060
Ordinance No. 1610 (2014 - Series)
Page 13
TABLE 10 - AIRPORT OVERLAY ZONE (AOZ) - MAXIMUM ALLOWED PERSONS
Areas within ALUP and outside Specific Plan areas - 17.22.010.8.)
SERVICES - BUSINESS, FINANCIAL & PROFESSIONAL ATMs
Maximum Allowed Persons per
Acre ALUP 200 ALUP -
Figure 13) Specific use 8 Noise Regulations Land Use RPZ I S -13 I S -
1b I
S -1c I S -2 UZ
SERVICES - BUSINESS, FINANCIAL & PROFESSIONAL ATMs ALUP
ALUP 200 UZ Uz Banks and
financial services ALUP ALUP 200 Uz UZ NSLU Business support services ALUP ALUP 200
UZ UZ NSLU Medical service - Clinic, laboratory, urgent care ALUP
ALUP 200 UZ UZ NSLU
Medical service - Doctor office ALUP ALUP 200
UZ
I UZ NSLU Medical service - Extended
care ALUP ALUP ALUP UZ UZ NSLU
Medical service - Hospital ALUP ALUP ALUP UZ UZ NSLU
Convalescent hospital ALUP ALUP ALUP UZ UZ NSLU
Office - Accessory ALUP ALUP 200 UZ UZ
NSLU Office - Business and service ALUP ALUP 200 UZ
UZ NSLU Office - Government ALUP ALUP 200
UZ UZ NSLU Office - Processing ALUP ALUP 200 UZ
UZ NSLU Office - Production and administrative
ALUP ALUP 200 UZ UZ NSLU Office -
Professional ALUP ALUP 200 UZ UZ NSLU Office - Temporary ALUP ALUP 200 UZ UZ NSLU Photographer, photographic studio ALUP ALUP
1 200 UZ UZ NSLU SERVICES - GENERAL I I
Uz Catering service ALUP ALUP 200
UZ UZ Cemetery, mausoleum, columbarium ALUP ALUP 200 UZ UZ 17.57.070.2 d
Copying and Quick Printer Service ALUP ALUP 200 UZ
UZ Day care - Day care
center (child /adult) ALUP ALUP ALUP UZ UZ NSLU Day care - Family day care home (
small /large) ALUP ALUP ALUP UZ UZ NSLU Equipment rental ALUP ALUP 200 UZ UZ Food
bank /packaged food distribution center ALUP ALUP 200 UZ UZ Maintenance service, client site services ALUP ALUP
200 UZ UZ Mortuary, funeral home ALUP ALUP 200 UZ UZ 17.57.070.2.
d. Personal services ALUP ALUP 200 UZ UZ Personal services - Restricted ALUP ALUP 200 UZ UZ Public
safety facilities ALUP ALUP 200 UZ UZ Public utility facilities ALUP ALUP
200 UZ UZ Repair service - Equipment, large appliances, etc. ALUP ALUP 200 UZ
UZ Residential Support Services ALUP ALUP 200 UZ UZ Social service organization ALUP ALUP 200
UZ UZ Vehicle services - Repair and maintenance - Major ALUP ALUP 200 UZ UZ Vehicle
services - Repair and maintenance - Minor ALUP ALUP 200 UZ UZ Vehicle services - Carwash ALUP ALUP 200
UZ I UZ Veterinary clinic /hospital, boarding, large animal ALUP ALUP 200 UZ
UZ NSLU Veterinary clinic /hospital, boarding, small animal, indoor ALUP ALUP 200 UZ UZ NSLU Veterinary c
inic/ ospital, boarding, small animal, outdoor ALUP ALUP 200 UZ UZ NSLU Key: NSLU = Noise Sensitive Land
Use (if within 60 db CNEL contour -
Figure 13 - See requirements of 17.57 070) UZ = as allowed in underlying Zone or Specific Plan
City of San Luis Obispo, City Administration, 990 Palm Street, San Luis Obispo, CA, 93401-3249, 805.781.7114, slocity.org
DATE: March 2, 2015
FROM: Anthony Mejia, City Clerk
SUBJECT: Modification to Ordinance No. 1610 (2014 Series)
Following the discovery of clerical errors, pages 12 and 14 of Ordinance 1610 (2014 Series),
entitled "An Ordinance of the City Council of the City of San Luis Obispo, California, amending
Title 17 (Zoning Regulations) of the Municipal Code (GPI/ER 15 -12)," have been amended as
follows:
Section 17.57.040(B), Interpretation of Use Listing:
Table 10—Airport Overlay Zone (AOZ)—Maximum Allowed Persons: Retail Sales
Land Use
Maximum Allowed Persons per Acre
(ALUP – Figure 13) Specific Use &
Noise Regulations RPZ S-1a S-1b S-1c S-2
Liquor, Store /
Alcohol Sales ALUP ALUP 200 UZ UZ
Land Use
Maximum Allowed Persons per Acre
(ALUP – Figure 13) Specific Use &
Noise Regulations RPZ S-1a S-1b S-1c S-2
Restaurant with late
hour alcohol service ALUP ALUP 200 UZ UZ
Table 10—Airport Overlay Zone (AOZ)—Maximum Allowed Persons: Transportation &
Communications
Land Use
Maximum Allowed Persons per Acre
(ALUP – Figure 13) Specific Use &
Noise Regulations RPZ S-1a S-1b S-1c S-2
Antennas and
telecommunications
facilities
ALUP ALUP FAA FAA FAA Airspace Protection
17.57.070060
Ordinance No. 1610 (2014 Series)
Page 15
ground level or may exceed one foot in height for every 100 feet
from the edge of the nearest point on the runway for
a distance up to
20,000 feet. Filing Form
7460 -1 with the FAA will initiate an aeronautical
study that will ensure a
proposed structure does not constitute a hazard to air navigation or would not create an unsafe condition
for air navigation, including impeding any en route or terminal (airport) instrument procedures
as per the
United States Standard for Terminal Instrument
Procedures (TERPS) described in FAA
Order 8260.313 Code of
Federal Regulations §77.29 Evaluating Aeronautical Effect). b. Approvals for such projects may include
the requirement for an avigation easement, marking or lighting of the structure, or modifications to the structure. The
avigation easement shall be consistent with the form and content of Exhibit H1 in appendix H of the
California Airport Land Use Planning Handbook. c. Building permits shall not be issued for a project until
a Determination of No Hazard has been issued by the FAA and any conditions in that
Determination are met. 2. Other Flight Hazards Prohibited. Any activities within the Airport Overlay Zone (AOZ) which
could pose a hazard to flight operations including but not limited to the following: a. Glare
or distracting lights that
could be mistaken for airport
lights; b. Sources of dust, heat, steam, or smoke that may impair pilot vision, or light shows, or
laser shows or spotlights; c. Any emissions that may cause thermal plumes or other forms of
unstable air that generate turbulence within the flight path;
d. Sources of electrical interference with aircraft communications or navigation; and e. Features that create
an increased attraction for wildlife that may be hazardous to airport operations such as attraction
of birds to the extent of
creating a significant hazard of bird strikes (examples are outdoor storage or
disposal of food or grain, or large, artificial water features; this provision is not intended
to prevent enhancement or protection of existing wetlands
or the mitigation of wetlands impacts). Features which may pose these risks shall be reviewed for
consistency with the FAA's Advisory Circular 150/5200 -
33B, Hazardous Wildlife Attractants on or Near Airports. f. Entails installation, construction, or enlargement of
a structure that constitutes an obstruction to air navigation through penetration of FAA Part 77 surfaces except as may be
approved by the Federal Aviation Administration (FAA). 17.57.070 Noise A. Airport Related Noise. Noise compatibility
standards are intended to prevent the establishment of noise - sensitive land uses in portions of
the airport environ that are exposed to significant levels of aircraft noise. Where permitted
within the Airport Overlay Zone (
AOZ), the
following noise - sensitive land uses shall comply with applicable noise exposure criteria. 1. Noise analysis from the Airport Master
Plan Environmental Impact Report (2006), or subsequent noise analysis used to update the Airport Master Plan shall be used for
mapping of the long term noise impact of the airport's aviation activity which
includes future planned facilities development depicted in the FAA- approved Airport Layout Plan. These noise
contours are shown in Figure 13. New Residential Development. New residential uses within the
60 db CNEL contour as depicted in Figure 13, shall demonstrate consistency
with maximum noise levels by providing noise analysis, construction
details, or other information deemed necessary by the Community Development Director to verify conformance
with maximum interior noise levels. 2. Interior Noise Levels not to exceed 45db CNEL. For
the following noise - sensitive land uses,
Ordinance No. 1610 (2014 Series)
Page 16
aircraft - related, interior
noise levels shall not exceed 45dB CNEL (
with windows closed). a. Living
or sleeping areas of single
or multi - family residences; b.
Hotels
and
motels; c.
Hospitals
and nursing homes;
d. Place
of
Worship,
meeting
halls,
and
mortuaries;
ande. Schools, libraries
and
museums. 3.
Interior Noise
Levels
not to
Exceed
50
dB CNEL.
For the following noise - sensitive land uses, aircraft - related, interior noise levels shall not exceed
50dB CNEL (with windows closed): a. Office environments;
b. Eating and drinking establishments; and c. Other miscellaneous commercial
facilities.
17.57.080 Overflight Notice
A. Aircraft
Overflight. Aircraft overflight standards are intended to provide overflight notification for land uses
near the San Luis Obispo County Regional Airport. It shall be
the responsibility of all
owners of property offered for -
sale or for -lease within the Airport Overlay Zone (
AOZ) to provide a disclosure
prior to selling or leasing property in San Luis Obispo as specified in the Airport Land Use
Plan. All discretionary actions shall include a condition of approval requiring all owners
of property offered
for - sale or for -lease within
the Airport Overlay Zone to
provide the aforementioned disclosure prior
to selling or leasing property. For new residential land uses, the overflight notification shall
be recorded and appear with the property deed. 17.57.090 Open Land A. Open land. Open land
areas are intended to increase the chances of a pilot successfully landing an aircraft in an emergency situation
where they are unable to reach the runway. The City has identified properties to contain open land
areas as follows: 1. Airport Area Specific Plan: 250 acres on the Chevron property with two
areas specifically improved to meet ALUC standards; and a 300' wide strip adjacent to Buckley Road (24
acres) on the Avila Ranch site. 2. Margarita Area Specific Plan: two open land areas amid
clustered development. 3. Laguna
Lake public park open area.
Outside of AOZ but within the approach surface. 4. Brughelli property easement south of Buckley Road. 5. San
Luis Ranch Specific Plan area, west of Highway 101 and south of Dalidio Drive. City open
space areas within the Airport Overlay Zone. Where open
space or conservation easements have been obtained and the topography supports it, the City shall
not allow uses to be established that conflict with their availability to be used as
a landing option in the event
of an emergency. Where easements have yet to be obtained, the City
shall explore opportunities to incorporate the requirement for open land as part of the discretionary
approval process. Open land areas shall be consistent
with ALUP direction for size, orientation and topography.
Ordinance No. 1610 (2014 'Series)
Page 17
City Limits r Airix,rl Area Specific Plan (AASP) Boundary Edna Islay Specific Plan
Area Margarita Area Specific Plan Area Orcutt Area Specific Plan Area L g 1 V yr
c S k r ••4••, r I +• J. Y• f 3 4'* Tanks Farm
13d:
i if a l r r BucMey Rd. a Flip r ,d SA qty aaa1'
t1t 243P']Z, t'ir }' a(%, 0
GIS (112 ANiAl Pbm4"itk) - Airport Master Plan EIR Noise Contours (dB)
a 60 65 70 75 0 0.ss 0.5 1 Mlles
Ordinance No. 1610 (2014 Series)
Page 18
SECTION 6.
Figure Numbers
of Title 17 Amended. With the addition of Figure 13, Noise Contours, in Chapter 17.57 added
herein, remaining subsequent Figures of Tile 17 of the City of San Luis Obispo Municipal Code shall be renumbered and referenced
within text accordingly. SECTION 7.
Zoning Map
Amended. The City of San Luis Obispo Zoning map is hereby amended as shown
in attached Exhibit A. SECTION 8. Severability. If any subdivision, paragraph, sentence, clause, or phrase of
this ordinance is, for any reason, held to be invalid or unenforceable by a
court
of competent jurisdiction, such invalidity or unenforceability shall not affect the validity or enforcement of
the remaining portions of this ordinance, or
any other provisions of the City's rules and regulations. It is
the City's express intent that each remaining portion would have been adopted irrespective of the fact
that any one or more subdivisions, paragraphs, sentences, clauses, or phrases be declared invalid
or unenforceable. SECTION 9. A summary of this ordinance, together with the names of Council Members
voting for and against, shall be published at least five (5) days prior to its final
passage, in The Tribune, a newspaper published and circulated in this City. This ordinance shall
go into effect at
the expiration of thirty (30) days after its final passage. INTRODUCED on the
9th day of December, 2014, AND FINALLY ADOPTED by the Council of the City of San Luis Obispo
on the 16th day of December, 2014, on the following vote: AYES: Council Member Christianson and
Rivoire, Vice Mayor Ashbaugh and Mayor Marx NOES: Council Member Carpenter ABSENT:
None May r an Marx
Ordinance
No.
1610 (
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