HomeMy WebLinkAbout10/17/2006, PH1 - AMENDMENTS TO CHAPTER 17 OF THE MUNICIPAL CODE, THE ZONING REGULATIONS, AND ENVIRONMENTAL REVIEW (R council M°° ,p 0
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CITY OF SAN LUIS OBISPO
FROM: John Mandeville, Community Development Director
Prepared By: Jaime Hill,Associate Planner
SUBJECT: AMENDMENTS TO CHAPTER 17 OF THE MUNICIPAL CODE, THE
ZONING REGULATIONS, AND ENVIRONMENTAL REVIEW (R/TA,
ER 226-06).
CAO RECOMMENDATION
As recommended by the Planning Commission, introduce an ordinance to adopt the Negative
Declaration of Environmental Impact and proposed amendments to the Zoning Regulations,
thereby revising multiple sections of Chapter 17 of the Municipal Code.
DISCUSSION
Background
Periodic review of City documents is necessary to ensure that regulations are clear, consistent,
and provide for implementing the goals and policies established in the General Plan. Based on
direction from the Planning Commission and City Council over the past year, and staff's
experience working daily with the Zoning Regulations, several corrections, updates, and
modifications are recommended. These include: changes needed to bring the document into
consistency with recently approved specific plans and the General Plan Housing Element;
modified language to clarify the intent of City policies or to advance their implementation;
amendments to streamline permit processing; and corrections of typographical errors. The City
Council is being asked to take action on the proposed revisions, and to consider the
environmental document reviewing these amendments (Attachment 1).
Data Summary
Amendments of the Municipal Code pertaining to land use regulations apply City-wide to all
General Plan and Zoning designations. A Negative Declaration was recommended by the
Community Development Director on June 29, 2006. During the August 9, 2006 review the
Planning Commission recommend that the City Council adopt the Negative Declaration of
environmental impact, and during their September 13, 2006 they found that the additional
modifications also do not have the potential for creating any significant impacts to the
environment. Final action on the initial study will be taken by the City Council.
The Planning Commission reviewed the revisions on August 9, 2006 and again on September 13,
2006, and recommended approval of the proposed Zoning Regulations amendments, and
environmental document (see Planning Commission Resolution #5460-06 and #5464-06 and
Meeting Minutes, Attachment 2 and 3). t
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Zoning Regulations Revisions
The proposed revisions to the Zoning Regulations (Attachment 5, Exhibits A, B, and C) are
based on the comments made by Planning Commissioners and the City Council during recent
project reviews, and recommendations made by staff who work daily with the document.
Proposed new language in the Zoning Regulations text is italicized and underlined, and language
proposed to be deleted is shown in st ets Attachment 5A). Sections which are provided
for context that do not contain any changes are shaded. Changes to the two tables, Table 9: Uses,
and Table 6: Parking, are shown italicized and shaded, beneath the existing text (Attachment 5B
and 5C).
Main Areas of Discussion By Planning Commission
Because many of the revisions proposed are clarifications or involve no change to the intent or
effect of the Regulations this report focuses on the four changes which elicited the majority of the
discussion at the Planning Commission hearings. A detailed discussion of all the recommended
changes is included in the Planning Commission reports (Attachments 2 and 3).
1. Home Occupations. Several refinements to the Home Occupation standards have been
recommended clarify the requirements, and to ensure that these accessory uses do not
negatively impact residential areas. The recommended changes address what types of
businesses may have visitation, and to what extent, while adding a requirement for on-site
parking for clients when allowed. Additional modifications further regulate commercial
vehicles used in conjunction with home occupations and the frequency of business-related
deliveries. Lastly, the list of prohibited uses has been updated so that the terns used are
consistent with those used elsewhere in the Zoning Regulations.
2. Parking. Three substantive changes to parking standards have been recommended. The first
includes revisions to streamline tandem parking requests, consistent with the process
established in the Margarita Area by that Specific Plan (MASP). General criteria are provided
for when the Community Development Director can allow required parking to be provided in
tandem for residences, while prohibiting tandem parking in street yards. These changes will
encourage the development of garages in the. rear half of residential lots, recessed from the
front of dwellings, a design characteristic which is encouraged in the Community Design
Guidelines. The other changes to parking standards are intended to promote the use of
alternative forms of transportation. The requirement to provide long-term bicycle parking has
been extended to residential and mixed-use projects in all zones, rather than just those in
residential districts, and the Community Development Director has been given the authority
to approve parking reductions for the implementation of automobile trip reduction plans,
such as ride-share programs or employer-paid transit passes.
3. Vacation Rentals. Dwellings used as temporary lodging for fewer than thirty days are newly
defined as a transient use. Until such time that an ordinance specifically addressing the
potential impacts that vacation rentals could have on adjacent residential uses is considered,
staff has recommended that they be prohibited in all zones. The Planning Commission
requested that staff research how vacation rentals are regulated in surrounding communities.
4. Nonconforming Structures. This chapter is intended to provide for the correction or
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removal of structures which do not comply with current property development standards for
the zone in which they are located. The regulations limiting the changes and additions that
may be made to nonconforming structures have been revised to allow for greater flexibility
and reuse of older non-conforming structures. Current regulations limit the changes to
structural and nonstructural elements of nonconforming buildings and require approval of a
use permit by the Community Development Director for conforming additions of more than
150 square feet. The proposed changes remove a significant obstacle where property owners
want to improve or expand existing buildings that were lawfully constructed but do not
comply with one or more of the property development standards for the zone in which they
are located. This modification will assist in the implementation of Housing Element policy
3.2.1, which states that the City should "Encourage the rehabilitation, remodeling or
relocation of sound or rehabitable housing rather than demolition'.
Recreational Vehicle Parking Research
In addition to directing staff to look more closely at vacation rentals, the Planning Commission
also requested that staff consider adding language to the City standards for parking, storage, and
maintenance screening, to limit the size of recreational vehicles (RVs) that can be parked in
private driveways, and to limit the number of consecutive days that they could remain in a
driveway. Staff has contacted several cities which have recently enacted legislation regulating
where RVs park, and the duration of time they can remain. In all cases these regulations have
been controversial due to the appropriateness of regulating parking of functional vehicles on
private property, the availability and cost of off-site storage, and the additional enforcement that
is necessary to effectively enforce such regulations. Here in San Luis Obispo, there has not been
a significant number of complaints or public interest in this issue. Staff will provide the Planning
Commission with additional information at a later date.
Environmental Review
The attached initial study and Negative Declaration evaluates the potential for significant impacts
associated with the project (Attachment 1). The initial study is an evaluation of the proposed
Zoning Regulations revisions. The initial study does not specifically address the potential
environmental effects of any future development projects, which may be subject to these
regulations, as the details of any such projects are unknown at this time. Environmental issues
related to future development projects would be reviewed at the time of project submittal. The
Planning Commission has found that the proposed modifications do not have the potential for
creating any significant impacts to the environment and have recommended that the City Council
adopt a Negative Declaration of Environmental Impact.
CONCURRENCES
The proposed text amendments have been reviewed by other City Departments. The concerns of
other City departments relate to site-specific design issues, which will be evaluated at the time of
application of individual projects. On August 16, 2006, the Airport Land Use Commission
(ALUC) determined that the revisions are consistent with the Airport Land Use Plan (see ALUC
Action Notice, Attachment 4).
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FISCAL IMPACT
When the General Plan was prepared, it was accompanied by a fiscal impact analysis, which
found that overall the General Plan was fiscally balanced. Amending the Zoning Regulations,
which are consistent with the General Plan, will not significantly alter revenues since the
revisions will not result in a loss of-land available for those uses anticipated in any area, nor
significantly change the types of development allowed in various zones.
ALTERNATIVES
1. The Council could deny the project if it is determined that the proposed Zoning Regulations
revisions are not consistent with the General Plan.
2. The Council could continue discussion if additional information is needed. Direction should
be given to staff and the applicant.
Attachments:
Attachment 1: Initial Study of Environmental Impact and Negative Declaration
Attachment 2: August 9, 2006 Planning Commission Resolution, Minutes, and Agenda Report
Attachment 3: September 13, 2006 Planning Commission Resolution, Minutes, and Agenda
Report
Attachment 4: August 16, 2006 Airport Land Use Commission Action Notice
Attachment 5: Draft Ordinance approving Zoning Regulations text amendments
Exhibit A: Zoning Regulations and Tables Amendments
Attachment 6: Draft Zoning Regulations (with proposed changes)
Attachment 7: Zoning.Regulations; Table 9: Allowed Uses
Attachment 8: Zoning Regulations, Table 6: Parking
Attachment 9: Draft Resolution `B" denying the project
G:UHill\GPA and RZ\226-05(Zoning Text Amendments)\Reports\City Council\CC staff report.doc
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- Attachment 1
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A C� ® SA1'1W15 OBISPO
990 Palm Street, San Luis Obispo, CA 93401-3249
INITIAL STUDY
ENVIRONMENTAL CHECKLIST FORM
For ER#226-05
1, Project Title: Zoning Text Amendment 226-05
2. Lead Agency Name and Address:
City of San Luis Obispo 919 Palm Street, San Luis Obispo;CA 93401
3. Contact Person and Phone Number:
Jaime Hill, Associate Planner(805) 781-7165
4. Project Location:
Citywide; City of San Luis Obispo
5. Project Sponsor's Name and Address:
City of San Luis Obispo 919 Palm Street, San Luis Obispo, CA 93401
6. General Plan.Designation:
Not applicable(Citywide)
7. Zoning:
Not applicable (Citywide)
8. Description of the.Project:
Municipal code text amendments to the Zoning Regulations
9. Surrounding Land Uses and Settings:
Not applicable (Citywide) .
10. Project Entitlements Requested:
Project involves text amendments to the Municipal Code, Section 17: Zoning Regulations
11. Other public agencies whose approval is required:
Airport Land Use Committee (ALUC) will review the proposed text amendments to determine
compatibility with the AirportLand Use Plan (ALUP)
The City of San Luis Obispo is committed to include the disabled in all of its services;programs and activities.
Telecommunications Device for the Deaf(805)781-7410.
�• _A Attachment 1
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.
Aesthetics Geology/Soils Public Services
Agricultural Resources Hazards&Hazardous Recreation
Materials
Air Quality Hydrology/Water Quality Transportation&Traffic
Biological Resources Land Use and Planning Utilities and Service
Systems
Cultural Resources Noise Mandatory Findings of
Significance
Energy and MineralPopulation and Housing
Resources AJ
FISH AND GAME FEES
There is no evidence before the Department that the project will have any potential adverse effects on fish
and wildlife resources or the habitat upon which the wildlife depends. As such, the project qualifies for a
de minimis waiver with regards to the filing of Fish and Game Fees.
The project has potential to impact fish and wildlife resources and shall be subject to the payment of Fish
and Game fees pursuant to Section 711.4 of the California Fish and Game Code. This initial study has been
circulated to the California Department of Fish and Game for review and comment.
STATE CLEARINGHOUSE
This environmental document must be submitted to the State Clearinghouse for review by one or more
State agencies (e.g. Cal Trans, California Department of Fish and Game, Department of Housing and
Community Development). The public review period shall not be less than 30 days (CEQA Guidelines
15073(a)).
Attachment 1
DETERMINATION:
On the basis of this initial evaluation:.
I find that the proposed project COULD NOT have a significant effect on the environment, and --X--
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 revisions in the project have been
made, or the mitigation measures described on an attached sheet(s) have been added and
agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATIO_ N 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 "potentially significant' impact(s) or "potentially
significant unless mitigated" impact(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. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the
effects.that remain to be addressed
I find that although the proposed project could have a significant effect on the environment,
because all potentially significant effects (1) have been analyzed adequately in an earlier EIR
or NEGATIVE DECLARATION pursuant to applicable standards, and (2) have been avoided
or mitigated pursuant to that earlier EIR of NEGATIVE DECLARATION, including revisions
or miti ation measures that are imposed upon the proposed project, nothing further is required.
SII �D�
Signa ure V Date
Ll C, eln For:John Mandeville,
Printed a Community DevelopmentDirecfor
1
Attachment 1
EVALUATION OF ENVIRONMENTAL IMPACTS:
1. 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. The explanation of each
issue should identify the significance criteria or threshold, if any,used to evaluate each question.
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) of the California Code of
Regulations. 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.
7. Supporting.Information Sources: A source list should be attached,and other sources used or individuals contacted
should be cited in the discussion. In this case;a brief discussion should identify the following:
a) Earlier Analysis Used. Identify and state where they are available for review.
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 earlier analysis.
C) Mitigation Measures. For effects that are "Less than Significant with Mitigation Measures Incorporated,"
describe the mitigation measures which were incorporated or refined from the earlier document and the extent
to which they address site-specific conditions for the project.
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Issues, Discussion and Supportin5 fntt, nation Sources Sources Pote. `tly Potentially Less Than No
Significant Significant Significant Impact
ER 226 05 Issues Unless Impact
Mitigation
Citywide Incorporated
1.AESTHETICS. Would theproject:
a) Have a substantial adverse effect on a scenic vista?
b) Substantially Substantially damage scenic resources,including,but not limited --X--
to,trees,rock outcroppings,open space,and historic buildings
within a local or state scenic highway?
c) Substantially degrade the existing visual character or quality of _X_
the site and its surroundings?
d) Create a new source of substantial light or glare which would --X_
adversely effect day or nighttime views in the area?
Evaluation
The project involves amendment to Zoning Regulations text, correcting, updating, and in some cases modifying language to
better meet the intent of City goals and policies. No impacts to aesthetics are anticipated.
2.AGRICULTURE RESOURCES. Would theproject:
a) Convert Prime Farmland,Unique Farmland,or Farmland of _X_
Statewide Importance(Farmland),as shown on the maps
pursuant to the Farmland Mapping and Monitoring Program of
the California Resources Agency,to non-agricultural use?
b) Conflict with existing zoning for agricultural use or a --X_
Williamson Act contract?
c) Involve other changes in the existing environment which,due to
their location location or nature,could result in conversion of Farmland
to non-agricultural use?
Evaluation
The project involves amendment to Zoning Regulations text, correcting, updating, and in some cases modifying language to
better meet the intent of City goals and policies. No impacts to agriculture resources are anticipated.
3. AIR QUALITY. Would theproject:
a) Violate any air quality standard or contribute substantially to an _X_
existing or projected air quality violation?
b) Conflict with or obstruct implementation of the applicable air __X__
quality plan?
c) Expose sensitive receptors to substantial pollutant __X__
concentrations?
d) Create objectionable odors affecting a substantial number of __X__
people?
e) Result in a cumulatively considerable net increase of any criteria
pollutant for for which the project region is non-attainment under an
applicable federal or state ambient air quality standard
(including releasing emissions which exceed qualitative
thresholds for ozoneprecursors)?
Evaluation
The project involves amendment to Zoning Regulations text, correcting, updating, and in some cases modifying language to
better meet the intent of City goals and policies. No impacts to air quality are anticipated.
4. BIOLOGICAL RESOURCES. Would theproject:
a) Have a substantial adverse effect,either directly or indirectly or -_}--
through habitat modifications,on any species identified as a
candidate,sensitive, or special status species in local or regional
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Attachment 1
Issues, Discussion and Supporti6, (ntu.oration Sources sourcesLPotl- Potentially t. ss'han No
Significant SignificantImpact
ER 226 05 Unless Impact
Citywide6- Mitigation
Incorporated
plans,policies,or regulations,or by the California Department
of Fish and Game or U.S.Fish and Wildlife Service?
b) Have a substantial adverse effect,on any riparian habitat or _X__
other sensitive natural community identified in local or regional
plans,policies,or regulations,or by the California Department
of Fish and Game or U.S.Fish and Wildlife Service?
c) Conflict with any local policies or ordinances protecting —X--
biological resources,such as a tree preservation policy or
ordinance(e.g.Heritage Trees)?
d) Interfere substantially with the movement of any native resident
or migratory fish or wildlife species or with established native
resident or migratory wildlife corridors,or impede the use of
wildlife nursery sites?
e) Conflict with the provisions of an adopted habitat Conservation
Plan,Natural Natural Community.Conservation Plan,or other approved
local,regional,or state habitat conservation plan?
f) Have a substantial adverse effect on Federally protected _X_
wetlands as defined in Section 404 of the Clean Water Act
(including, but not limited to,marshes,vernal pools,etc.)
through direct removal,filling,hydrological interruption,or
other means?
Evaluation
The project involves amendment to Zoning Regulations text, correcting, updating, and in some cases modifying language to
better meet the intent of City goals and policies. No impacts to biological resources are anticipated.
5.CULTURAL RESOURCES. Would theproject:
a) Cause a substantial adverse change in the significance of a historicresource?resource?(See CEQA Guidelines 15064.5)
b) Cause a substantial adverse change in the significance of an I 1 __X__
archaeological resource?(See CEQA Guidelines 15064.5)
c) Directly or indirectly destroy a unique paleontological resource orsitesite or unique geologic feature?
d) Disturb any human remains,including those interred outside of 1 I —X—
formal cemeteries?
Evaluation
The project involves amendment to Zoning Regulations text,correctingr are anticipated.
6. ENERGY AND MINERAL RESOURCES. Would the ro'ect:
a) Conflict with adopted energy conservation plans? __X__
b) Use non-renewable resources in a wasteful and inefficient
manner?
c)
c) Result in the loss of availability of a known mineral resource
that would be of value to the region and the residents of the
State?
Evaluation
The project involves amendment to Zoning Regulations text, correcting, updating, and in some cases modifying language to
better meet the intent of City goals and policies. No impacts to mineral resources are anticipated.
7. GEOLOGY AND SOILS. Would theproject:
a) Expose people or structures to potential substantial adverse X__
effects, including risk of loss,injury or death involving:
Attachment 1
Issues, Discussion and Supporti6y- ation Sources Sources Potei.. fly' 'Potentially Less Than No
Significant Significant Significant Impact
ER 226-05 Issues Unless Impact
Mitigation
Citywide incorporated
I. Rupture of a known earthquake fault,as delineated in the --X--
most recent Alquist-Priolo Earthquake Fault Zoning Map
issued by the State Geologist for the area,or based on other
substantial evidence of a known fault?
II. Strong seismic ground shaking? --X
III. Seismic-related ground failure,including liquefaction? --X—
IV. Landslides or mudflows? --X -
b) Result in substantial soil erosion or the loss of topsoil? --X--
c) Be located on a geologic unit or soil that is unstable,or that --X—
would become unstable as a result of the project,and potentially
result in on or off site landslides,lateral spreading,subsidence,
liquefaction,or collapse?
d) Be located on expansive soil,as defined in Table 18-1-B of the —X--
Uniform Building Code(1994),creating substantial risks to life
or property?
Evaluation
The project involves amendment to Zoning Regulations text, correcting, updating, and in some cases modifying language to
better meet the intent of City goals and policies. No impacts to geology and soils are anticipated.
8. HAZARDS AND HAZARDOUS MATERIALS. Would the r('ect:
a) Create a significant hazard to the public or the environment throughthethe routine use,transport or disposal of hazardous
materials?
b) Create a significant hazard to the public or the environment --X--
through reasonably foreseeable upset and accident conditions
involving the release of hazardous materials into the
environment?
c) Emit hazardous emissions or handle hazardous or acutely
hazardous materials,materials,substances,or waste within one-quarter
mile of an existing or proposed school?
d) Expose people or structures to existing sources of hazardous --X--
emissions or hazardous or acutely hazardous materials,
substances,or waste?
e) Be located on a site which is included on a list of hazardous --X--
materials sites compiled pursuant to Government Code Section
65962.5 and,as a result,it would create a significant hazard to
the public or the environment?
f) For a project located within an airport land use plan,or within --X--
two miles of a public airport,would the project result in a safety
hazard for the people residing or working in the project area?
g) Impair implementation of,or physically interfere with,the
adopted emergency emergency response plan or emergency evacuation
plan?
h) Expose people or structures to a significant risk of lose,injury, -ordeath,death,involving wildland fires,including where wildlands are
adjacent to urbanized areas or where residents are intermixed
with wildlands?
Evaluation
The project involves amendment to Zoning Regulations text, correcting, updating, and in some cases modifying language to
better meet the intent of City goals and policies. Because portions of the City are subject to the Airport Land Use Plan, the
proposed revisions will be reviewed by the Airport Land Use Commission for consistency with ALUP policies. No impacts
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Aua�..nmeni 1
Issues, Discussion and Supportmr,-HMFhation Sources Sources Potei._ y otentially Less Than No
Significant Significant Significant Impact
ER 226 05 Issues Unless Impact
Mitigation
Citywide Incorporated
to hazards and hazardous materials are anticipated.
9. HYDROLOGY AND WATER QUALrrY. Would the ro'ect:
a) Violate any water quality standards or waste discharge X
requirements?
b) Substantially deplete groundwater supplies or interfere _X_
substantially with groundwater recharge such that there would be
a net deficit in aquifer volume or a lowering of the local
groundwater table level(e.g.The production rate of pre-existing
nearby wells would drop to a level which would not support
existing land uses for which permits have been granted)?
c) Create or contribute runoff water which would exceed the
capacity of of existing or planned storm water drainage systems or
provide additional sources of runoff into surface waters
(including,but not limited to,wetlands,riparian areas,ponds,
springs,creeks,streams,rivers,lakes,estuaries, tidal areas,bays,
ocean,etc.)?
d) Substantially alter the existing drainage pattern of the site or
area in in a manner which would result in substantial erosion or
siltation onsite or offsite?
e) Substantially alter the existing drainage pattern of the site or __X__
area in a manner which would result in substantial flooding
onsite or offsite?
f) Place housing within a 100-year flood hazard area as mapped on X--
a Federal Flood Hazard Boundary or Flood Insurance Rate Map
or other flood hazard delineation map?
g) Place within a 100-year flood hazard area structures which wouldimpedeimpede or redirect flood flows?
h) Will the project introduce typical storm water pollutants into _X_
ground or surface waters?
i) Will the project alter ground water or surface water quality,
temperature,dissolved oxygen,or turbidity?
Evaluation
The project involves amendment to Zoning Regulations text, correcting, updating, and in some cases modifying language to
better meet the intent of City goals and policies. No impacts to hydrology and water quality materials are anticipated.
10. LAND USE AND PLANNING. Would theproject:
a) Conflict with applicable land use plan, policy, or regulation of __X__
an agency with jurisdiction over the project adopted for the
purpose of avoiding or mitigating an environmental effect?
b) Physically divide an established community?
c) Conflict Conflict with any applicable habitat conservation plan or natural __X__
community conservationplans?
Evaluation
The project involves amendment to Zoning Regulations text, correcting, updating, and in some cases modifying language to
better meet the intent of City goals and policies. No impacts to General Plan Policies or other city policies that are adopted
for avoiding an environmental impact are anticipated.
11.NOISE. Would the project result in:
a) Exposure of people to or generation of"unacceptable"noise levels as as defined by the San Luis Obispo General Plan Noise
Attachment 1
Issues, Discussion and Supporting- of � ation Sources Sources Potei. , y Potentially Less Than No
Significant Significant Significant Impact
ER 226 05 Issues unless Impact
Mitigation
Citywide Incorporated
Element,or general noise levels in excess of standards
established in the Noise Ordinance?
b) A substantial temporary,periodic,or permanent increase in --X--
ambient noise levels in the project vicinity above levels existing
without the project?
c) Exposure of persons to or generation of excessive groundborne vibrationoror groundborne noise levels?
d) For a project located within an airport land use plan,or within --X—
two miles of a public airport or public use airport,would the
project expose people residing or working in the project area to
excessive noise levels?
Evaluation
The project involves amendment to Zoning Regulations text, correcting, updating, and in some cases modifying language to
better meet the intent of City goals and policies. Amendments to the municipal code of this nature will have no relation to
noise levels.
12. POPULATION AND HOUSING. Would theproject:
a) Induce substantial population growth in an area, either directly —X—
(for example by proposing new homes or businesses) or
indirectly (for example, through extension of roads or other
infrastructure)?
b) Displace substantial numbers of existing housing or people --X—
necessitating the construction of replacement housing
elsewhere?
Evaluation
The project involves amendment to Zoning Regulations text, correcting, updating, and in some cases modifying language to
better meet the intent of City goals and policies. No impacts to population and housing are anticipated.
13.PUBLIC SERVICES. Would the project result in substantial adverse physical impacts associated with the
provision,or need,of new or physically altered government facilities,the construction of which could cause
significant environmental impacts,in order to maintain acceptable service ratios,response times,or other
performance objectives for any of the public services:
a) Fire protection? X
b) Police protection? —X—
c) Schools? --X--
d) Parks? —X—
e) Roads and other transportation infrastructure? --X--
f) Other public facilities? —X—
Evaluation
The project involves amendment to Zoning Regulations text, correcting, updating, and in some cases modifying language to
better meet the intent of City goals and policies. No impacts to public services are anticipated.
14. RECREATION. Would theproject:
a) Increase the use of existing neighborhood or regional parks or
other recreational recreational facilities such that substantial physical
deterioration of the facility would occur or be accelerated?
b) Include recreational facilities or require the construction or expansionofof recreational facilities,which might have an adverse
physical effect on the environment?
Evaluation
Project involves an amendment to Zoning Text to define when alcoholic beverages may be sold on the same property as
Atta-1hirient 1
ISSUeS, Discussion and Supportirn, of ation Sources Sources Pote._-a]y Potentially Less Than No
Significant Significant Significant Impact
Issues Unless Impact
ER 226 05 Mitigation
Citywide Incorporated
motor vehicle fuel. No impacts to recreation facilities are anticipated.
15. TRANSPORTATION/TRAFFIC. Would theproject:
a) Cause an increase in traffic which is substantial in relation to the --X--
existing traffic load and capacity of the street system?
b) Exceed,either individually or cumulatively,a level of service —X--
standard established by the county congestion management
agency for designated roads and highways?
c) Substantially increase hazards due to design features(e.g.sharp --X—
curves or dangerous intersections)or incompatible uses(e.g.
farm equipment)?
d) Result in inadequate emergency access?
e) Result in inadequate parking capacity onsite or offsite? —X—
f) Conflict with adopted policies supporting alternative -X '
transportation(e.g. bus turnouts,bicycle racks)?
g) Conflict with the with San Luis Obispo County Airport Land
Use Plan resulting in substantial safety risks from hazards,noise,
or a change in air trafficpatterns?
Evaluation
The project involves amendment to Zoning Regulations text, correcting, updating, and in some cases modifying language to
better meet the intent of City goals and policies. No impacts to transportation facilities or area traffic are anticipated.
16.UTILITIES AND SERVICE SYSTEMS. Would the ro'ect:
a) Exceed wastewater treatment requirements of the applicable X--
Regional Water Quality Control Board?
b) Require or result in the construction or expansion of new water --X—
treatment,waste water treatment,water quality control,or storm
drainage facilities,the construction of which could cause
significant environmental effects?
c) Have sufficient water supplies available to serve the project X
from existing entitlements and resources,or are new and
expanded water resources needed?
d) Result in a determination by the wastewater treatment provider --X—
which serves or may serve the project that it has adequate
capacity to serve the project's projected demand in addition to
the provider's existing commitment?
e) Be served by a landfill with sufficient permitted capacity to —X-
accommodate the project's solid waste disposal needs?
f) Comply with federal,state,and local statutes and regulations —X-
related to solid waste?
Evaluation
The project involves amendment to Zoning Regulations text, correcting, updating, and in some cases modifying language to
better meet the intent of City goals and policies. No impacts to transportation facilities or area traffic are anticipated.
17.MANDATORY FINDINGS OF SIGNIFICANCE.
a) Does the project have the potential to degrade the quality of the - X
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
�r, Attachment 1
Issues, Discussion and Supportinyinf ation Sources Sources Potet._dly :otentially Less Than No
Significant Significant Significant Impact
Issues Unless Impact
ER 226-05 Mitigation
Citywide I incorporated
the major periods of California history or prehistory?
N/A
b) Does the project have impacts that are 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 roiects)
N/A
c) Does the project have environmental effects which will cause _X_
substantial adverse effects on human beings,either directly or
indirectly?
N/A
18.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.
N/A
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.
N/A
c) Mitigation measures. For effects that are "Less than Significant 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.
N/A
19. SOURCE REFERENCES.
1. City of SLO General Plan Land Use Element,July 2002
2. City of SLO General Plan Circulation Element,November 1994
3. City of SLO General Plan Noise Element,May 1996
4. City of SLO General Plan Safety Element,July 2000
5. City of SLO General Plan Conservation Element,July 1973
6. City of SLO General Plan Energy Conservation Element,April 1981
7. City of SLO Water and Wastewater Element,July 1996
8. City of SLO General Plan EIR 1994 for Update to the Land Use and Circulation Elements
9. City of San Luis Obispo Municipal Code
All documents listed above are available for review at the City of San Luis Obispo Community Development Department,990
Palm Street, San Luis Obispo,California(805)781-7522.
1 - I�
• Attachment 2
RESOLUTION NO. 5460-06
A RESOLUTION OF THE SAN LUIS OBISPO PLANNING COMMISSION
RECOMMENDING APPROVAL OF AMENDMENTS TO CHAPTER 17 OF THE
MUNICIPAL CODE TO THE CITY COUNCIL. TA 226-05
WHEREAS, the Planning Commission of the City of San Luis Obispo conducted a public
hearing in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo, California, on
August 9, 2006 to consider amendments to Chapter 17 of the Municipal Code; and
WHEREAS, the Planning Commission of the City of San Luis Obispo has considered
public testimony, interested parties, and evaluation and recommendations by staff; and
WHEREAS, staff has prepared an Environmental Initial Study in accordance with CEQA,
and has determined that the proposed amendments will not create significant impacts to the
environment;
BE IT RESOLVED, by the Planning Commission of the City of San Luis Obispo as
follows:
SECTION 1. Findings.
1. The proposed amendments are necessary to modernize and enhance property development
standards, correct typological errors, and bring the ordinance into consistency with recently
adopted specific plans.
2. The proposed amendments will allow for more effective implementation of the Municipal
Code and Community Design Guidelines by clarifying the intent of City regulations and
streamlining permit processing.
3. The proposed amendments will not significantly alter the character of the City or cause
significant health, safety or welfare concerns, since the amendments are consistent with the
General Plan and will augment the implementation of General Plan policies.
SECTION 2. Action. The Planning Commission does hereby recommend that the City
Council Approve the Negative Declaration of environmental impact (ER 226-05) and adopt the
proposed text amendments, included as Exhibit A.
l - 1�
Resolution No. 5460-06 Attachment 2
Page 2
On motion by Commissioner Brown, seconded by Commissioner Stevenson, and on the
following roll call vote:
AYES: Commrs. Ashbaugh, Brown, McCoy, and Brown
NOES: None
REFRAIN: Commrs. Miller and Carter
ABSENT: Commr-Christianson
The foregoing resolution was passed and adopted this 9h day of August 2006.
-azi�
Doug avids , Secretary
Planning Commission
Attached:
Exhibit A: Zoning Regulations Text Changes
Exhibit B:Zoning Regulations Table 9: Uses Allowed By Zone
Exhibit C:Zoning Regulations Table 6: Parking Requirements By Use
l � t �
Attachment 2
SAN LUIS OBISPO
PLANNING COMMISSION MINUTES
August 9, 2006
CALL TO ORDER/PLEDGE OF ALLEGIANCE
ROLL CALL: Commissioners Charles Stevenson, John Ashbaugh, Andrew Carter,
Jason McCoy, Peter Brown, Vice-Chair Carlyn Christianson, and
Chairperson Andrea Miller
Absent: Commissioner Carlyn Christianson
Staff: Deputy Director Doug Davidson, Associate Planner Jaime Hill, Senior
Planner Pam Ricci, Assistant City Attorney Christine Dietrick, and
Recording Secretary Jill Francis
ACCEPTANCE OF AGENDA: Commissioners or staff may modify the order of items.
MINUTES: Minutes of July 26, 2006. Approve or amend.
The minutes of July 26, 2006, were approved as amended.
PUBLIC COMMENT:
There were no comments made from the public.
PUBLIC-HEARINGS:
1. City-Wide. R/TA 226-05; Request to amend the Zoning Regulations for
consistency with other City documents, clarify the intent of City policies and
advance their implementation, streamline permit processing and to correct
typological errors, and environmental review; City of San Luis Obispo, applicant.
(Jaime Hill)
Commissioners Carter and Miller recused themselves do to potential conflicts of interest
with the sections pertaining to Wireless Telecommunications and Home Occupations,
respectively.
Following a brief introduction regarding the purpose and use of the Zoning Regulations,
and previous amendments to the code, Deputy Director Doug Davidson, Senior Planner
Pam Ricci, and Associate Planner Jaime Hill outlined the range of updates recommended
in the staff report. Staff recommended the Commission make a recommendation to the
City Council to approve Zoning Regulations text updates..
PUBLIC COMMENTS:
There were no comments made from the public.
l � [ g
Planning Commission Minute�iAttachment 2
August 9, 2006
Page 2
COMMISSION COMMENTS:
The Commissioner systematically went through the proposed modifications, discussing
questions and concerns, and soliciting clarification from staff. Discussion focused on the
.changes to the following sections: Home Occupations, Non-conforming Structures,
Parking, Wireless Telecommunications, Secondary Dwelling Units, and the definition of
Gross Floor Area. The Commissioner ultimately reached consensus on four changes to
the recommended language that should be made.
Commr. Brown felt the language on Home Occupations restrictions could be updated
and expressed concern with street yard setback requirements related to parking.
Commr. Ashbaugh had questions relating to the distinction between non-conforming
structures and uses.
Commr. McCoy voiced support for the concept of tandem parking.
Commr. Stevenson asked to discuss two issues beyond the scope of the amendments
presented in the agenda report.
On motion by Commr. Brown to recommend that the City.Council approve adopt a
Mitigated Negative Declaration and approve the revisions to the Zoning Regulations
Seconded by Commr. Stevenson.
AYES: Commrs. McCoy, Ashbaugh, Stevenson, Brown
NOES: None
ABSENT: Commr. Christianson
ABSTAIN: Commrs. Carter and Chair Miller
The motion carried on a 4:0 vote.
Commr. Stevenson raised a concern that the city's established Planned Development
(PD) process was onerous and costly and suggested alternative mechanism be
explored to accommodate innovative development proposals.
Staff responded by explaining that the PD process approved a preliminary development
plan as part of the overlay zoning and was intended to promote innovative development,
protect sensitive resources, and allow for exceptions to property development
standards.
Commr. Stevenson also requested that staff look into the possibility of amending the
City's Property Maintenance Standards to prohibit the parking of licensed recreational
vehicles in residential driveways.
2. Staff
A. Agenda Forecast
t tq
Attachment 2
CITY OF SAN LUIS OBISPO
PLANNING COMMISSION AGENDA REPORT ITEM#'1
BY: Jaime Hill, Associate Planner(781-7165) MEETING DATE: August 9, 2006
FROM: Doug Davidson, Deputy Director- Development Review
FILE NUMBER: RJTA 226-05
PROJECT ADDRESS: City-Wide
SUBJECT: Review of amendments to Municipal Code Section 17: Zoning Regulations.
SUMMARY RECOMMENDATION
Adopt the attached Planning Commission resolution which recommends that the City Council
approve a resolution adopting a Mitigated Negative Declaration (ER 226-05) and approving
revisions to the Zoning Regulations.
BACKGROUND
Situation
Periodic review of City documents is necessary to ensure that regulations are clear, consistent,
and provide the least cumbrance to implementing the goals and policies established by the
Council. Based on direction from the Planning Commission and City Council over the past year,
and staff's experience working daily with the Zoning Regulations, several corrections, updates,
and modifications are recommended. These include: changes needed to bring the document into
consistency with recently approved specific plans; modified language to clarify the intent of City
policies and advance their implementation; amendments to streamline permit processing; and
corrections of typological errors. The updated document is being brought before the Planning
Commission to provide Commissioners with an opportunity to evaluate the proposed code
amendments and make a recommendation to the City Council. Prior to proceeding to the City
Council for final adoption, these changes will be referred to the Airport Land Use Commission
for a determination of consistency with the Airport Land Use Plan.
Data Summary
Address: City-Wide
Applicant: The City of San Luis Obispo
Existing Zoning: All zones
General Plan: All designations
Environmental Status: A Negative Declaration was recommended by the Deputy Director on
June 29, 2006 (ER 226-05). Final action on the initial study will be taken by the City Council.
TA 226-05 (Citywide) d)O Attaehment 2
Page 2
EVALUATION
The proposed revisions to the Zoning Regulations (Attachment 2, Exhibit A, B, and C) are based
on the comments made by Commissioners and the Council during recent project reviews, and
recommendations made by city staff who work daily with the documents and have identified
ways to streamline permit processing, clarify and advance City policies, bring the document into
consistency with recently adopted plans, and to correct typological errors. Proposed new
language in the Zoning Regulations (Attachment 2A) is italicized and underlined, and proposed
deleted language is shown ie-strikethfetgh. Sections which are provided for context that do not
contain any changes area d. Changes to the two tables, Table 9: Uses, and Table 6: Parking,
'tali
are shown cized and. shaded, beneath the existing text. This report includes discussion of
some of the changes made where standards or processing is affected.
Chapter 17: Zoning Regulations
Chapter 17.08.090:Home Occupations(Exhibit A-3)
The intent of this section is to allow the conduct of home enterprises that are incidental to and
compatible with surrounding residential uses. A "home occupation" is gainful employment
engaged in by the occupants of a dwelling. Review of several Home Occupation Permits within
the last year focused on the general requirements of home occupations and the prohibited uses.
Specifically, the policies regarding "frequent customer access," vehicle parking, employees, and
prohibited uses need to be further refined to ensure neighborhood compatibility. The Planning
Commission recently directed staff to research how home occupations are regulated in other
communities, and to propose code amendments which would refine the existing code. A review
of past staff analysis identified that theintent intent of the ordinance was to ensure that home
businesses remain incidental to and compatible with surrounding residential uses. The Council
has periodically amended the home occupation policies since they began their regulation to better
reflect changes in the way home occupations operate with respect to current technologies and
address current residential building types. The home occupation regulations took their current
form in 1977, and have had minor alterations of the general requirements and prohibited uses in
1984 and again in 1994.
Staff has proposed several amendments to the general requirements of home occupations The
current regulations state that home occupations shall not involve "frequent customer access."The
vagueness of this statement has made it difficult for citizens to understand the rules, and for staff
to enforce customer access limitations when conflicts arise. The first modification specifically
addresses what types of businesses may have visitation, and to what extent. The new text also
specifies that those businesses with some customer access must provide on-site parking for their
clients. A third change would further regulate commercial vehicles used in conjunction with
home occupations to ensure that they do not detract .from the residential character of
neighborhoods. And the fourth modification would limit the frequency of deliveries to home
businesses. The list of prohibited uses has also been modified for consistency with the terms used
in other sections of the Zoning Regulations.
TA 226-05 (Citywide) • a) Attachment 2
Page 3
The proposed modifications should more effectively ensure that home businesses do'not reduce the
residential character of neighborhoods or otherwise reduce residents' enjoyment of their
neighborhood. These amendments are intended to clarify what types of activities are and are not
appropriate, and to modify the general requirements of home occupations to better achieve these
ends. The definition of home occupations in Section 17.100 of the Municipal Code would remain
the same.
Chapter 17.14: Nonconforming Structures (Exhibit A—8)
This chapter is intended to provide for the correction or removal of structures which do not
comply with current property development standards for the zone in which they are located. The
regulations limiting the changes and additions that may be made to nonconforming structures
have been revised to allow for greater flexibility and reuse of older non-conforming structures..
Current regulations limit the changes to structural and nonstructural elements of nonconforming
buildings and require approval of a use permit by the Director for conforming additions of more
than 150 square feet. Proposed changes remove a significant obstacle where property owners
want to improve or expand existing buildings that were lawfully constructed but do not comply
with one or more of the property development standards for the zone in which they are located.
This modification will assist in the implementation of Housing Element policy 3.2.1, which
states that the City should "Encourage the rehabilitation, remodeling or relocation of sound or
rehabitable housing rather than demolition".
Chapter 17.16.060 Parking space requirements (Exhibit A-13)
The intent of this section is to ensure provision of adequate off-street parking for both vehicles
and bicycles, while minimizing the area devoted to parking facilities. Three modifications to
current parking standards are recommended to better meet the intent of the parking regulations,
and to provide consistency with the recently approved Margarita Area Specific Plan parking
provisions.
The current vehicle parking requirement for single-family dwellings is two spaces per residence,
each with free egress (i.e. not in tandem). Under the current regulations tandem parking with one
uncovered space in the street yard can be allowed with Director's approval. The intention of this
exception is to allow flexibility for unusual site conditions or historical site development. In
contrast to this standard in the Zoning Regulations, the Margarita Area Specific Plan was
approved to allow tandem parking by right, but in no case within the street.yard setback. This
provision will encourage the development of garages in the rear half of the lot, recessed from the
front of dwelling, a design characteristic which is encouraged in the City's Design Guidelines.
Revisions have been proposed to streamline tandem parking requests outside the Margarita Area,
establish some general criteria when the.Director could make this exception, and prohibit tandem
parking in the street yard.
The final change is in regards to bicycle parking. Bicycle spaces are currently required any time
that a development requires 10 or more vehicle spaces. Table 6.5, Bicycle Parking Space
Requirements, has been modified to extend the long-term bicycle parking requirement for
}®
TA 226-05 (Citywide) }O Attachment 2
`-
Page 4
residential uses to those in commercial zones. Currently residential projects requiring 10 or more
vehicle spaces are required to provide two bicycle storage spaces per unit only when in multi-
family residential zones. The proposed change would extend this requirement to all residential
uses, including mixed-use projects in non-residential zones, which are not covered currently.
Chapter 17.16.120 Wireless telecommunications facilities (Exhibit A— 16)
Currently, all new wireless telecommunications facilities, and modifications to existing facilities,
requires both a Planning Commission Use Permit and Architectural Review Commission (ARC)
approval. To streamline review processing and to respond to Planning Commission direction,
staff is recommending that new facilities be reviewed by the Director at the Administrative
Hearing level and the ARC, and that modifications to existing facilities that are consistent with
previous approvals require only architectural review.
Chapter 17.21.050 Secondary Dwelling Units Procedural Requirements (Exhibit A—20)
When the Secondary Dwelling Unit ordinance was adopted in 2004, the intent of the code was to
require a non-discretionary, ministerial review consistent with AB 1866. When the code went to
print, language requiring a separate application for architectural review was inadvertently written
into the code. The intent of staff and Council was to require a simple one application process that
allowed staff to review the project for consistency with the code while performing architectural
review at the same time. The way the code is adopted, it requires a separate application for
architectural review. This is redundant and unnecessary. Although architectural review is
required for these units, it should not require a separate application process. The current filing fee
for a secondary dwelling unit is equal to the filing fee for minor or incidental architectural review
and the level of review and staff time involved in the application review of a secondary dwelling
unit is the same as that of a minor architectural review. The recommended language clarifies the
intent of the code.
The second proposed change to this section is to allow Secondary Dwelling Units in the Office
zone, and to clarify that Secondary Dwelling Units are limited to sites where the primary use is a
single-family residence. Currently, Secondary Dwelling Units are allowed in all residential zones,
including R-1, R-2, R-3 and R-4. For purposes of density and other property development
standards the Office zone is consistent with the R-2 zone. This modification would remove a
restriction that currently is imposed on those living in single-family homes which happen to be
zoned Office.
Chapter 17.22 Use Regulation (Exhibit A—23)
Staff is recommending several modifications to the portion of the code which specifies where
various uses may locate, and under what permit path. These changes include updated language
for consistency with recently approved specific plans, modification to the permit path for several
uses to streamline review processes, and introduction of new use categories where the need for
greater clarification has become apparent. The most significant addition to this section is the
introduction of a use category for vacation rentals. Currently there are several properties that are
- n3
TA 226-05 (Citywide) ' ) i�� Attachment 2
Page 5
being utilized on a temporary basis, without paying TOT, which would fall under the proposed
definition for vacation rentals. In the absence of an ordinance specifically addressing the
potential impacts this type of use could have on residences, staff has recommended that the use
be prohibited in all zones. A modification is also recommended to the "Notes to Table 9," No.1,
eliminating the use permit requirement for the construction of new offices in the Office zone, and
clarifying that office conversions in the Office zone require approval of the Director, not the
Planning Commission.
Table 9—Uses Allowed By Zone (Described in Exhibit A, Revised Table- Exhibit B)
Several changes to Table 9 have been recommended, which would streamline the permit.process
for various non-controversial uses. These changes include:
1. Allow Indoor Recreation facilities with a minimum floor area of 10,000 square feet in the C-S
zone, with the approval of an Director's Use Permit (D). Amendments made to the Zoning
Regulations in 2003/2004 modified the list of permitted uses for the Service Commercial
zone to be more consistent with the Services and Manufacturing General Plan designation
and to clearly differentiate this zone from the Office and Business Park zones by eliminating
the potential for locating professional offices in the C-S zone. Concurrently, the potential for
locating Commercial Indoor Recreational Facilities, which includes arcades, bowling alleys
and skating rinks, was also eliminated from the Service Commercial Zone. It has since
become apparent that while it is desirable to keep smaller uses such as arcades and pool halls
in the downtown and other less industrial commercial zones, the larger spaces typically found
in the C-S are desirable to operations with greater space needs. Additionally, these larger
recreation centers tend to have their peak hours in the evenings and on weekends, when other
typical C-S businesses would be closed (Exhibit A—25, Exhibit B-2).
A special "Note" is also recommended which would establish the findings necessary to
approve an indoor commercial recreational facility in the C-S or M zone, to ensure
compatibility between uses and to ensure that the use will not create a shortage of C-S or M-
zoned land (Exhibit A—27).
2. New cell sites processed with a Directors Use Permit (D) rather than PC Use Permit.
Requirements for architectural review would remain (Exhibit A—25, Exhibit B-5).
3. "Media Production -Backiots/outdoor facilities and soundstages" added as a new separate use
that is allowed in C-S, M, and BP with Director's Use Permit (D). This addition will
distinguish between those uses which are indoor, "office-type" uses, and those which by their
nature require larger spaces and are less sedentary (Exhibit A—25,Exhibit B-5).
4. The category "Broadcast studio" is renamed "Media Production — Broadcast studio," with no
change in permit requirements (Exhibit A—25, Exhibit B75).
5. Vacation Rentals are added as a new use category which is prohibited in all zones, until such
time that an ordinance specifically addressing the potential impacts that type of use could
d`1
TA 226-05 (Citywide) ( -� i Attachment 2
Page 6
have on adjacent residences. A definition of a vacation rental has also been provided in
Chapter 17.100 (Exhibit A—25).
6. Veterinary clinic/hospital,boarding, small animal, indoor, allowed in C-N with Director's Use
Permit (D) (Exhibit A—25, Exhibit B-4)..
7. All types of residential care facilities are deleted from the AG zone (Exhibit A— 25, Exhibit
B-2).
8. Single-family residences would be allowed by right (A) in the O zone, rather than requiring a
Director's Use Permit (D) (Exhibit A—25, Exhibit B-2).
Chapter 17.24 through 17.48: Purpose and Application of Individual Zones (Exhibit A-27)
Each land use district should include a description of the minimum lot size and dimension
standards as adopted by the City's Subdivision Regulations. In a recent review of lot dimensions
in other communities, staff found that (out of eight other communities), the City of San Luis
Obispo is the only community that does not list lot size standards in the zoning regulations.
Professionals in the development community rely on easy access to this information and depend
on the fact that each City consistently documents all aspects of the development code. Although
the lot standards are officially adopted by the Subdivision Regulations and will remain listed in
that document, a reference should be added to the City's Zoning Regulations. An example
illustrating how this change would appear is provided.
Chapter 17.36.030: Public school tenant uses (Exhibit A-28)
Amendments made to the Zoning Regulations in 2003/2004 changed the terms used for many
land use designations in an effort to group similar activities. However, these revisions were not
carred through to this section, which addresses the additional commercial uses which can be
allowed in vacated public school sites. Currently there are uses listed that cannot be found in
either Table 6 (Parking) or within the definition section. The revisions do not substantially
change the allowed uses or permit paths, but rather are intended to add consistency between the
aforementioned sections of the Zoning Regulations.
Chapter 17.62: Planned Development (Exhibit A-31)
The planned development process is intended to allow for flexibility in the application of zoning
standards in exchange for a greater ability to achieve the public objectives listed in Section
17.62.045.A pf the Zoning Regulations. Approval of the PD overlay zone requires that a project
incorporate a minimum of two of four listed features, which include housing affordability, energy
efficiency, protection or enhancement of a significant natural feature, or provision of a
substantial public amenity. Language in the code pertaining to energy efficiency narrowly defines
applicable energy savings as those projects that "will achieve a minimum of 30 percent greater
energy efficiency than the minimum required by California Code of Regulations Title 24".
Because of recent changes to Title 24 and the difficulty of measuring the benefits of various
Attachment 2
TA 226-05 (Citywide)
Page 7
energy saving techniques, it would be appropriate to consider modifying the language to include
additional gauges of energy efficiency. Consistent with the recently approved Conservation Open
Space Element goals to increase use of sustainable energy sources, and Policy 4.21.6 in
particular, staff has recommended that the scope of energy efficiency be broadened to include
green building techniques and achievement of at least a silver rating on the LEED or other
equivalent rating systems.
Chanter 17.100: Definitions (Exhibit A-33)
Several terms used throughout the regulations are currently left undefined, or are defined in a
way that fails to provide sufficient clarity. Careful attention should be paid to the proposed
definitions, as they will affect the applicability and implementation of several sections of the
code. The following discussion highlights the implication of the recommended changes and/or
additions.
1. Accessory structures are allowed in all zones. Currently, they are regulated only to the extent
that they must be clearly subordinate or incidental and directly related to a permitted use or
structure, and must conform with property development standards for the zone in which they
are located. Recently there has been a proliferation of disproportionately large detached
accessory structures which are not consistent with the intent of allowing for accessory
structures, and which are incompatible with traditional neighborhood patterns. The definition
of accessory would be modified to ensure that these structures remain subordinate to the
primary use or structure on the site (Exhibit A-33).
2. Many establishments, including coffee houses and restaurants, and other vendors such as book
stores,.provide acoustic or recorded "background" music, or opportunities for showcasing the
talent of local musicians and writers. These types of ambient entertainment are often used
to create a particular mood, without becoming the primary draw, as would the entertainment
at a nightclub. By separately defining ambient entertainment as being clearly incidental to the
primary function of the establishment, which allow for normal conversation levels, for which
no cover fee or ticket is required, and which utilizes only minimal stage or performance area,
these uses can be excluded from the permitting requirements of true nightclubs (Exhibit A-
33).
3. Formally defining bedroom will aid the implementation of density maximums, as it will
officially establish what constitutes "other" rooms, which are not counted toward the density
of the site (Exhibit A-33).
4: Currently the Zoning Regulations do not define demolition, as opposed to remodel. Lacking
an official definition, staff has utilized the definition of demolition from the building code,
which includes removal of an entire structure down to one wall or the foundation. This.
definition is problematic from a planning perspective, as it frustrates efforts to bring non-
conforming structures into conformance with current property development standards when
they are significantly altered. The proposed definition establishes a threshold of 50% removal
or replacement as constituting demolition (Exhibit A-33).
l - 2-t�
TA 226-05 (Citywide) J� � � Attachment 2
Page 8
5 The definition of a dwelling is expanded to include the term of the occupancy to differentiate
a dwelling from other uses such as hotels and vacation rentals (Exhibit A-33).
6. Chapter 17.08.060 establishes requirements and restrictions on electronic game amusement
centers to ensure that their location and/or operations are appropriate and do not create land
use conflicts. Director's approval is required to establish these uses. Currently electronic
game/ electronic game amusement centers are defined as any premises with four or more
machines available. Staff recommends that the definition be amended to limit the scope of
the use permit review to those businesses whose primary good or service offered is the
games, thereby eliminating the need for a use permit for businesses such as restaurants, which
provide electronic games in addition to their primary service (Exhibit A-32).
7. Gross floor area is currently defined as the total floor area enclosed by a building, measured
from the exterior face of the walls. The proposed definition would measure gross floor area
from the inside of the walls, which is consistent with standard Building Department practices,
and removes penalties for alternative building techniques which involve thick wall
construction (Exhibit A-34).
8. The definition of guest houses states that they do not contain a refrigerator, cooking
appliances, or a kitchen sink. These descriptions would be replaced by the term "kitchen,"
which is defined below (Exhibit A-34).
9. The character defining feature of an independent living facility is the inclusion of kitchen
facilities. The proposed definition of a kitchen is intended to clarify what constitutes a
kitchen. This clarification is needed to implement density standards while allowing for
legitimate amenities to residences such as wet bars (Exhibit A-34).
10. Media production currently includes three sub-categories, backlots/outdoor, indoor support,
and soundstages, which are not differentiated elsewhere in the code. To better distinguish
between indoor and outdoor uses associated with media production two subgroups are
proposed: Media production - backlots/outdoor facilities and soundstages, and Media
production - broadcast studios. These two categories have also been added as distinct
categories in Table 9: Uses allowed by zone (Exhibit A-34).
11. The term "minor addition" is used throughout the code, as it relates to additions to existing
buildings which are non-conforming to current property development standards. There has
been a long-standing interpretation that "minor" additions are those that constitute less than
50% increase in total building area. Staff would like to codify this definition for greater
consistency and clarity (Exhibit A-34).
12. Like the previous definition, staff would like to codify the long-standing interpretation that a
"minor nonconforming addition" includes the extension of the nonconforming feature of an
existing building by no more than 50% (Exhibit A-34).
TA 226-05 (Citywide) d'�• t �.� Attachment 2
Page 9
13. Produce stands are defined as temporary facilities (Exhibit A-35).
14. The current definition of a nightclub includes any facility that provides entertainment,
including live music and/or dancing, comedy, etc. To better reflect current entertainment
trends, staff recommends that recoded music and disc jockeys also be included in those uses
considered nightclubs. A clarifying comment is also recommended, which would exclude
ambient music from the nightclub category (a definition of ambient music is provided above)
(Exhibit A-35).
15. Currently the City does not define or otherwise regulate vacation rentals as separate uses. By
defining these short term leases separately the City can have greater regulatory control as well
as insure compliance with City Business License and Tax regulations and the collection of
TOT monies. The category "vacation rentals" has also been added to Table 9: Uses allowed
by zone (Exhibit A-35).
Text Corrections
These changes do not change the meaning or application of the Zoning Regulations. Instead, they
reflect current practice, improve consistency among different sections, and fix errors and
omissions resulting from previous updates and amendments.
1. Chapter 17.08: Uses Allowed in Several Zones. Modifications to the list of sections to
accurately reference those uses described therein (Exhibit A-1).
2. Chapter 17.16.010: Density. Table 1 will be modified to eliminate reference to Mixed-Use
(MU), as it is irrelevant to the density allowed in the underlying zone (Exhibit A-10).
3. Chapter 17.16.010.E: Exceptions for Multifamily Dwellings rebuilt after involuntary
destroyed. The list of areas where the policy applies will be modified to include those
residences in the C-D zone (Exhibit A-10).
4. Chapter 17.16.020: Yards. The title of Table 5 will be modified to include the C-D zone in
the listing of referenced zones (Exhibit A-10).
5. Chapter 17.16.060: Parking space requirements. Table 6 will be modified to delete the
phrase "All others: one space per 300 square feet gross floor area" from the category Medical
service—Clinic, laboratory, urgent care (Exhibit C-5).
6. Chapter 17.20: Residential occupancy standards. The C-D zone is added to the list of
zones with population density of 55 to the acre (Exhibit A-19).
7. Chapter 17.22: Use Regulation. Table 9 will be modified to correct references to specific
use regulations in the far right column, where section numbers are outdated or otherwise
inaccurate (Exhibit A-23).
Attachment 2
TA 226-05 (Citywide)
Page 10
8. Chapter 17.22: Use Regulation. Notes to Table 9 will be renumbered due to the elimination
of note- No.10 referring to the BP zone and the additional note pertaining to Indoor
Commercial Recreational Facilities in the C-S zone (Exhibit A-25).
9. References to the C-C zone in Chapter 17.42: Downtown-Commercial (C-D) zone will be
corrected to say C-D (Exhibit.A-30).
10. Chapter 17.42: Downtown-Commercial (C-D) zone. A clarifying note to the section on
parking requirements in the downtown is added to codify that parking reductions allowed in
other districts by Section 17.16.060 (for shared parking facilities and mixed-use projects) is
not applicable in the C-D zone, as the reduced parking rates established for the C-D zone
provide flexibility in meeting parking requirements and rely on the consolidation of parking
(Exhibit A-30).
11. Chapter 17.46 and 17.48: Service Commercial (C-S) and Manufacturing (M) zones. A
line would be added to each of these sections stating the maximum density allowed in the
zones. Both of these zone districts currently allow mixed-use projects (Exhibit A-31).
The Planning Commission is encouraged to provide recommendations to staff on further changes
that must be made to the document before the project can be forwarded to the City Council with
a recommendation for approval. Direction from the Planning Commission should be provided in
the form of a resolution so that the changes are clearly iterated and represent the thinking of a
majority of the Commission. Attachment 2 includes a draft resolution for the Commission to
augment.
Environmental Review
Amendments of the Municipal Code pertaining to land use regulations or similar are not exempt
from the California Environmental Quality Act and therefore are subject to an environmental
determination. Staff has prepared a draft initial study for the proposed amendment and has found
that the amendment will not create any significant environmental impacts. A Negative
Declaration has been proposed, a copy of which has been attached for review.
REFERRALS
The project will be reviewed by the Airport Land Use Commission (ALUC) to determine if the
proposed amendments are consistent with the Airport Land Use Plan prior to going to Council
for final approval. At the ALUC hearing, City staff will present language that would be
incorporated into a revised Zoning Regulations. It is expected that the proposed changes will be
found consistent with the ALUP, insuring continued consistency between the ALUP and the
City's Zoning Regulations.
ALTERNATIVES
1. The Commission may approve a resolution recommending approval of the revisions to
Attachment 2
TA 226-05 (Citywide)
Page 11
the Zoning Regulations with specific modifications.
2. The Commission may approve a resolution recommending that the City Council deny the
proposed revisions to the Zoning Regulations, based on findings of inconsistency with the
General Plan as specified by the Planning Commission.
3. The Commission may continue review of the project, if more information is needed.
Direction should be given to staff and the applicants.
Attachments:
Affae
Code to the Gity Goun-sil
Q_ All
G:VHill\GPA and RZ\226-05(Zoning Text Amendments)\Reports\Planning Commission\2006 PC tpt.DOC
l ' �
• 0 Attachment 3
RESOLUTION NO. 5464-06
A RESOLUTION OF THE SAN LUIS OBISPO PLANNING COMMISSION
RECOMMENDING APPROVAL OF MONDIFIED AMENDMENTS TO CHAPTER 17
OF THE MUNICIPAL CODE TO THE CITY COUNCIL; TA 226-05
WHEREAS, the Planning Commission of the City of San Luis Obispo, on August 9,
2006, previously considered amendments to Chapter 17 ,of the Municipal code, provided
direction to staff regarding the proposed amendments, and recommended that the City Council
approve those amendments, included within Exhibit A, and the Negative Declaration of
environmental impact (ER 226-05) ; and
WHEREAS, the Planning Commission of the City of San Luis Obispo, on August 9,
2006, had previously considered an Environmental Initial Study in accordance with CEQA that
was prepared by staff, and determined that the proposed amendments will not create significant
impacts to the environment; and
WHEREAS, on September 13, 2006, staff requested that the Commission further review
certain text changes made pursuant previous Commission direction and certain additional
modification to previously reviewed proposed amendments; which are recommended by staff;
and
WHEREAS, the Planning Commission of the City of San Luis Obispo conducted a public
hearing in the Council Chamber of City Hall, 990 Palm. Street, San Luis Obispo, California, on
September 13, 2006 to consider certain further amendments to Chapter 17 of the Municipal
Code; and
WHEREAS, the Planning Commission of the City of San Luis Obispo has considered
public testimony, input by interested parties, and evaluation and recommendations by staff,
BE IT RESOLVED, by the Planning Commission of the City of San Luis Obispo as
follows:
SECTION 1. Findings.
1. The modifications and additions to the previously reviewed amendments are necessary to
modernize and enhance property development standards, correct typographical errors, and
bring the ordinance into consistency with recently adopted specific plans.
2. The modifications and additions to the previously reviewed proposed amendments will
allow for-more effective implementation of the Municipal Code and Community Design
Guidelines by clarifying the intent of City regulations and streamlining permit processing.
3. The modifications and additions to the previously reviewed proposed amendments will
not significantly alter the character of the City or cause significant health, safety or
welfare concerns, since the amendments are consistent with the General Plan and will
augment the implementation of General Plan policies.
CResolution No. XXXX-06 Attachment 3
Page 2
4. The modifications and additions to the previously reviewed proposed amendments will
not be detrimental to the environment or require alteration of the previously reviewed
Negative Declaration of environmental impact (ER 226-05).
SECTION 2. Action. The Planning Commission does hereby recommend that the City
Council approve the modifications to the proposed text amendments included within Exhibit A.
On motion by Commissioner Stevenson, seconded by Commissioner Ashbaugh, and on the
following roll call vote:
AYES: Commissioners Stevenson, Ashbaugh, Brown, and cCoy
NOES: None
RECUSED: Commissioner Carter and Chairperson Miller
ABSENT: Commissioner Christianson
The foregoing resolution was passed and adopted this 13h day of September 2006.
Doug Davidson, Secretary
Planning Commission
Attached:
Exhibit A: Zoning Regulations Text Changes
- 2a
Attachment 3
SAN LUIS OBISPO
PLANNING COMMISSION MINUTES
September 13, 2006
CALL TO ORDERIPLEDGE OF ALLEGIANCE
ROLL CALL: Commissioners Charles Stevenson, John Ashbaugh, Andrew Carter,
Jason McCoy, Peter Brown, Vice-Chair Carlyn Christianson, and
Chairperson Andrea Miller
Absent: Commissioners Carlyn Christianson
Staff: Deputy Director Doug Davidson, Associate Planner Phil Dunsmore,
Assistant City Attorney Christine Dietrick, and Recording Secretary Jill
Francis
ACCEPTANCE OF AGENDA: Commissioners or staff may modify the order of items.
MINUTES: Minutes of August 23, 2006. Approve or amend.
The minutes of August 23, 2006, were approved as amended.
PUBLIC COMMENT:
There were no comments made from the public.
PUBLIC HEARINGS:
1. 1364 San Marcos Court. MS and ER 158-04: Consideration of a tentative parcel
map creating two lots from one lot, and environmental review; R-1 zone, Jerry
Reiss, applicant. (Phil Dunsmore)
Associate Planner Phil Dunsmore presented the staff report, recommending the
Commission deny the proposed vesting tentative parcel map based on findings which
he explained.
Andrew Merriam, Wallace Group, representative for the applicant, spoke in support of
the request, explained how the driveway would be widened to improve conditions, and
described how there were no other access opportunities
Jerry Reiss, property owner, was available for questions.
PUBLIC COMMENTS:
A letter was presented to the Commission from a neighbor opposing the project.
Rolf Monteen, SLO, spoke against the project, explained the impact of the project to his
property, was concerned about the loss of trees and vegetation; felt the driveway would
� - 33
Attachment 3
Planning Commission Minutes C' O
September 13, 2006
Page 2
i� be better served going to Augusta Street, and presented photos to show the size of the
current driveway.
Eric McSwain, San Luis Obispo, spoke against the project, expressed concerns with
increased traffic on Johnson Avenue and the extended driveway.
Scott Moran, San Luis Obispo, opposed the project, discussed the driveway dimensions
and presented photos, and expressed safety concerns with vehicles exiting onto
Johnson Avenue.
Ed Mayo, San Luis Obispo, expressed concerns with the increased density, and
opposed the project.
Chris Burtness, San Luis Obispo, spoke against the project and voiced concerns with
the easement created in 2003 which his family was unaware of.
George Shamis, San Luis Obispo, opposed the project and noted concerns with
changes occurring in the neighborhood.
Mark Ekhert, San Luis Obispo, expressed concerns with noise and increased density,
noting his opposition to the project.
Robert Cooper, San Luis Obispo, owner of the current driveway that would need to be
widened, spoke against the project and did not support the easement.
Craig Adams, San Luis Obispo, had concerns with traffic and density, and expressed
opposition to the request.
There were no further comments made from the public.
COMMISSION COMMENTS:
The Commission discussed the history of the proposed lot, the access, and
complexities of the ownership and easement issues. They encouraged the applicant to
seek alternative access to another street other than Johnson Avenue.
Commr. Stevenson discussed the proposed driveway and possible widening, as well as
loss of vegetation.
Commr. Ashbaugh asked staff about other possibilities for the parcel if this project is
denied.
Commr. McCoy asked where the original access for parcel was located. He noted he
could not support the project because of neighborhood concerns with fire and traffic
safety, and another dwelling unit.
Commr. Carter asked about the original access to the lot.
lw
Planning Commission Minutes
J Attachment 3
September 13, 2006
Page 3
1^� Commr. Miller discussed possible avenues for the owner with the denial of this project.
On motion by Commr. Carter to deny the proposed tentative parcel map. Seconded by
Commr. Ashbaugh.
AYES: Commrs. Ashbaugh, Stevenson, Brown, McCoy, Carter, Miller
NOES: None
ABSENT: Commr. Christianson
RECUSED: None
The motion carried on a 6 :0 vote.
2. 1772 Calle Joaquin. U 123-05; Request to construct a wireless
telecommunications facility camouflaged by two 31- foot tall faux trees; C/OS-10
zone; Cingular Wireless, applicant. (Tyler Corey)
Associate Planner Phil Dunsmore presented the staff report, recommending approval of
the use permit, based on findings and subject to conditions.
Jeff Jacobsen, Infranext, applicant's representative, described the simulated trees and
clarified the location of the facilities.
'—� PUBLIC COMMENTS:
There were no comments made from the public.
COMMISSION COMMENTS:
Commr. Stevenson spoke in favor of the project with protection of existing trees and
vegetation.
On a motion by Commr. Brown to approve the use permit based on findin-gs and
subiect to conditions. Seconded by Commr. McCoy.
AYES: Commrs. Ashbaugh, Brown, Miller, McCoy, Stevenson
NOES: None
RECUSED: Commr. Carter
ABSENT: Commr. Christianson
The motion carried on a vote of 5:0.
3. 1908 Ruth Street. MS and ER 109-06; Consideration of a tentative parcel map
creating two parcels (3,085 sq. ft. and 4,389 sq. ft. ) from one lot, with exceptions to
S 0
Planning Commission Minutes Attachment 3
September 13, 2006
Page 4
I;J the Subdivision Regulations for lot depth, width, and area requirements, and
environmental review; R-2 zone; Gary and Ruth Kounanis, applicant. (Brian
Leveille) (To be continued to a date uncertain.)
This item was continued to a date uncertain, without discussion, to allow the applicant
additional time to explore different options in terms of map design which creates two lots
that fully comply with density standards.
4. City-Wide. RRA and ER 226-05: Request to amend the Zoning Regulations
Addressing home occupations and various commercial development standards, and
environmental review; City of San Luis Obispo, applicant. (Jaime Hill)
Deputy Director Doug Davidson presented the staff report and provided a brief
introduction regarding the modifications and directions from the previous Commission
direction given on August 9, 2006. He also outlined four additional changes to the
regulations that had been identified since the last meeting.
PUBLIC COMMENTS:
There were no comments made from the public.
COMMISSION_ COMMENTS:
Commissioners Carter and Miller recused themselves do to potential conflicts of interest
with the sections pertaining to Home Occupations.
The Commission discussed the proposed modifications, voiced some questions and
concerns, and solicited clarification from staff
Commr. Stevenson was concerned about the inequity between limiting the size of trucks
and vans for home businesses parked within the front yard areas of driveways, while
allowing an unlimited size for recreational vehicles. He asked that staff revise the
language regarding parking or storage of large recreational vehicles so that it is more in
keeping with the limitation on vehicles for home businesses.
On motion by Commr. Stevenson to recommend approval of the Zoning Regulations
text amendments to the City Council as recommended by staff, with two modifications to
the language on additional parking reduction options, with direction to staff to prepare
proposed language for regulating large recreational vehicles in front yard areas of
driveways in residential zones. This direction to research regulation of RVs will be
conducted after the Council reviews the Commission recommendation on the Zoning
Regulations Update and is not intended to be a part of this current Amendment.
Seconded by Commr. Ashbaugh
AYES: Commrs. Ashbaugh, Brown, McCoy, Stevenson
NOES: None d -
Attachment 3
Planning Commission Minutes
September 13, 2006
Page 5
' ) ABSENT: Commr. Christianson
ABSTAIN: Commrs. Miller and Carter
The motion carried on a vote 4:0 vote.
COMMENT AND DISCUSSION:
5. Staff
A. Agenda Forecast
Deputy Director Doug Davidson gave an agenda forecast of upcoming agenda items
and projects.
On motion by Commr. McCoy to have staff bring back for discussion the potential of
limiting or prohibiting secondary dwelling units in areas where they could be inconsistent
with the health, safety, and welfare such as flag lots where access is difficult or
Problematic. Seconded by Commr. Stevenson.
AYES: Commrs. Ashbaugh, Brown, Miller, McCoy, Stevenson
NOES: Commr. Brown
RECUSED: None
ABSENT: Commr. Christianson
The motion carred on a vote of 5:1.
6. Commission
ADJOURMENT:
With no further business before the commission, the meeting adjoumed at 9:45 p.m. to
the regular meeting of the Planning Commission scheduled for Wednesday September
27, 2006 at 7:00 p.m. in the Council Chamber of City Hall, 990 Palm Street.
Respectfully submitted by
Jill Francis
Recording Secretary
Approved by Planning Commission on September 27, 2006.
Diane R. Stuart, M
Management Assistant
Attachment 3
CITY OF SAN LUIS OBISPO
PLANNING COMMISSION AGENDA REPORT ITEM# 1+
BY: Jaime Hill, Associate Planner(781-7165) GYM MEETING DATE: September 13, 2006
FROM: Pam Ricci, Senior Planner PK
FILE NUMBER: R/TA 226-05
PROJECT ADDRESS: City-Wide
SUBJECT: Second review of amendments to Municipal Code Section 17: Zoning Regulations.
SUMMARY RECOMMENDATION
Adopt the attached Planning Commission resolution which recommends that the City Council
approve a resolution adopting additional revisions to the Zoning Regulations.
BACKGROUND
Situation
Periodic review of City documents is necessary to ensure that regulations are clear, consistent,
and provide the least cumbrance to implementing the goals and policies established by the
Council. On August 9, 2006, the Planning Commission reviewed corrections, updates, and
modifications of the Zoning Regulations recommended by staff. The Planning Commission made
four modifications to the recommended language, gave direction to staff on two items that should
be reviewed further, and recommended approval of the amendments and the associated Negative
Declaration of Environmental Impact to the City Council. Since that time, the proposed text
amendments have been reviewed by the Airport Land Use Commission (ALUC), who
determined that the project would be consistent with the Airport Land Use Plan (ALUP) with the
incorporation of several modifications.
Staff has modified the updated document to respond to the direction of the Planning Commission
and ALUC, and has recommended additional language to clarify regulations pertaining to slope,
density, and parking, which have recently come into question. These additional changes are being
brought before the Planning Commission to provide Commissioners with an opportunity to
evaluate the additional code amendments and make a recommendation to the City Council. For
procedural reasons, discussion should be limited to the new modifications, and any effect they
may have on the Negative Declaration.
Environmental Review
Amendments of the Municipal Code pertaining to land use regulations or similar are not exempt
from the California Environmental Quality Act and therefore are subject to an environmental
l —3�
TA 226-05 (Citywide) • C Attachment 3
Page 2
determination. A Negative Declaration was recommended by the Deputy Director on June 29,
2006. During the August 9, 2006 review the Planning Commission recommend that the City
Council adopt the Negative Declaration of environmental impact recommended by staff. Like the
previously reviewed text amendments, the recommended additional modifications will clarifying
existing policies, and therefore do not have the potential for creating any significant impacts to
the environment. Final action on the initial study will be taken by the City Council.
EVALUATION
The proposed revisions to the Zoning Regulations (Attachment 3) are based on the comments
made by Commissioners and the Council during recent project reviews, and recommendations
made by city staff who work daily with the document. Proposed new language in the Zoning
Regulations (Attachment 3A) which was previously reviewed and accepted by the Planning
Commission is italicized and underlined, and new language and modifications since the last
review is italicized and double-underlined. Proposed deleted language is shown ini��.
Sections which are provided for context that do not contain any changes aredhas e'edd. No
additional revisions to the two tables, Table 9: Uses, or Table 6: Parking, are recommended at
this time.
The majority of the proposed text revisions were discussed by the Planning Commission on
August 9, 2006, and recommended to the City Council for approval (Attachment 1, Planning
Commission Minutes and Resolution). This report includes discussion of some additional
changes that have been made since that time to address Planning Commission and ALUC
direction, and to add additional clarity to other policies recently identified by staff.
ALUP Consistency
On August 16, 2006, the ALUC reviewed the proposed text amendments for consistency with the
ALUP(Attachment 2, ALUC Determination). Although the ALUC had several questions related
to density and Secondary Dwelling Units, they focused their discussion on the Airport Land Use
Plan Consistency section of Chapter 17.22: Use Regulation, and recommended several
modifications for consistency with the ALUP. These changes included modifying language to
clarify situations where the ALUP would take precedence, and adding standard language for
requiring avigation easements when properties develop and disclosure to future occupants of the
noise, safety, or overflight impacts associated with airport operations (See Attachment 3, Exhibit
A, page 24).
Previous Planning Commission Review
Text Changes
At their initial review of the text amendments, the Planning Commission reached consensus on
four changes that should be made to staff s recommendations. Three of the four changes were
made to Chapter 17.08.090: Home Occupations. These changes included that Home Occupations
should be allowed to have six visitors per day (rather than the recommended four); that Home
� � a 1
TA 226-05 (Citywide) 0 Attachment 3
Page 3
Occupations not be allowed to have vans in addition to 3/ ton trucks, and; clarification that no
employees other than residents are allowed to work on site (See Attachment 1, Exhibit A, pages
3-5). The fourth change modified a typographical error on the "Notes to Table 9,'' item No. 1, to
correctly state that the Director (rather than the Commission) must make findings for a
residential to office conversion (See Attachment 3, Exhibit A, page 26).
Direction
The Planning Commission's action to recommend approval of the text amendments to the City
Council included direction to staff to explore additional revisions to Chapter 17.17: Property
Maintenance Standards, to further regulate the parking of recreational vehicles (RV's) in private
driveways, and Chapter 17.16.060: Parking Space Requirements, to allow parking reductions for
innovative projects.
1. Chapter 17.17: Property Maintenance Standards
The Property Maintenance Standards, which include provisions for maintaining the character and
condition of the City's neighborhoods, requires that the parking, storage, and/or maintenance of
private property be screened from any public right-of-way. This includes items such as furniture,
equipment, boats, camper shells, or other similar devices. Exceptions to the screening
requirements are established to allow for reasonable short-term storage, such as for repair and
maintenance of personal property, or storage of materials during construction with a valid
building permit. RV's and trailers with current licenses are treated similarly to short-term
storage, and are allowed to be parked in driveways. The Planning Commission directed staff to
consider additional language to limit the size of RV's that could be parked in private driveways,
and to limit the numbers of consecutive days that they could remain in a driveway. Staff has
contacted several Cities which have recently began regulating where RV's park, and for what
duration of time. In all cases these types of regulations have been controversial with property
owners, and have included provisions for additional code enforcement. Issues cited include the
availability and cost of off-site storage to owners, the appropriateness of regulating where
functional vehicles are parked, and the additional enforcement that would be necessary to
effectively prohibit RV's from parking in driveways, while not increasing the street-parking of
these vehicles. In the absence of significant public interest or complaints, staff recommends that
unless further direction is provided by the City Council, amendments to these regulations is not
warranted at the current time.
2. Chapter 17.16.060: Parking Space Requirements
The Zoning Regulations currently provide three ways for properties to reduce parking
requirements: a shared parking reduction of up to 10%, a mixed-use parking reduction up to an
additional 20%, and up to an additional 10% for providing additional motorcycle or bicycle
parking. At their previous review, Planning Commission directed staff to explore additional types
of parking reductions for projects implementing carsharing or alternative transportation which
will reduce single-occupant vehicle travel to and from a site. Because the intent is to foster
innovative project design and operation, staff recommends that the Community Development
- `- D
J
TA 226-05(Citywide) Attachment 3
Page 4
Director retain discretion through the Administrative Use Permit process to review individual
projects and trip reduction proposals, and determine the appropriate parking reduction. The
proposed policy would provide the Director with authority to reduce parking requirements for
projects implementing carsharing or alternative transportation techniques when it can be
demonstrated that reduction of on-site parking will be safe and will not be detrimental to the
surrounding area or cause a decline in quality of life. The applicant would need to provide
reasonable justification for the reduction, including innovative project design, transportation
demand management, or incentives, which will reduce single-occupant vehicle travel to and from
the site (See Attachment 3, Exhibit A, page 13).
Other Modifications
1. 17.16.010: Density
Since the Planning Commission's last review it has become apparent that Chapter 17.16.010:.
Density, would also benefit from additional language to clarify the intent of these policies.
o The first change, to Chapter 17.16.010.A.2.ii, clarifies the procedure for determining the
maximum development allowed on a given lot or land area (relating to the density-to-slope
continuum). The intention of the policy is for cross-slope determinations to be based on the
existing topography of a site, less any on-site grading necessary to accommodate right-of-way
improvements and other on-site improvements necessary for site development. Although this
is the intent of the existing policy, customers have been unclear that improvements proposed
as part of a project must be removed from the calculation in addition to existing
improvements. Because access-ways are required to be relatively level, including these areas
into the cross-slope calculation of a site artificially reduces the slope of the developable areas
(See Attachment 3, Exhibit A, page 9).
o The second change to Chapter 17.16.010 clarifies when exceptions to the reduction of density
may be considered. The intent of this section is to allow vacant lots in otherwise developed
neighborhoods to develop at a similar density to surrounding comparable properties. This
section is often misconstrued to apply to new development on the fringe of existing
neighborhoods, or comparison to lots with dramatically different slopes but within close
proximity. The proposed changes would clarify that this exception is intended to allow
existing infill lots similar density to comparable adjacent sites (See Attachment 3, Exhibit A,
page 10).
o The third change, also to the slope density reduction section, is to clarify that the net area of a
site is all the area within the property lines of the development site, excluding both dedicated
and proposed street right-of-way (See Attachment 3, Exhibit A, page 10).
2. Chapter 17.16.060: Parking Space Requirements
City parking'standards were established to insure that adequate on-site parking is provided for the
residents, employees, and/or customers of a given use. For this reason the Zoning Regulations
"'c �
Attachment 3
TA 226-05 (Citywide) ,
Page 5
state that required parking must be preserved and not leased to off-site uses or otherwise used for
other purposes. Despite this, there is an on-going problem with developments overly regulating
the use of the required parking. Several multi-family residential developments are requiring an
additional charge for parking beyond the unit rental fee, resulting in underutilized parking lots
when tenants opt out of paying for on-site parking, and park on the street. Similarly, several
business prohibit employees from parking on-site to keep spaces exclusively available for
customers. The existing policy which is intended to prevent limiting access to required parking
has been modified to better address these types of occurrences (See Attachment 3, Exhibit A,
page 14).
REFERRALS
The project has been reviewed by the Airport Land Use Commission (ALUC), who determined
that with the incorporation of the changes discussed above the proposed amendments are
consistent with the Airport Land Use Plan.
ALTERNATIVES
1. The Commission may approve a resolution recommending approval of the additional
revisions to the Zoning Regulations.
2. The Commission may approve a resolution recommending that the City Council deny the
proposed additional revisions to the Zoning Regulations, based on findings of
inconsistency with the General Plan as specified by the Planning Commission.
3. The Commission may continue review of the project, if more information is needed.
Direction should be given to staff.
Attachments:
m ommtsslon mutes an eso
$�.]}jbit A• 7nnin.Do ..,l.,r:.. � Te..r lit,., ..
G:UHill\GPA and RZ\226-05(Zoning Text Amendments)\Reports\Planning Commission 11\2006 PC rpt I1.DOC
Attachment 4
SAN LUIS OBISPO COUNTY
AIRPORT LAN® USE COMMISSION
Chairman: Roger Oxborrow
Commissioners: James Gleim
Terry Orton
Richard Pottratz
Allen Settle
Robert Tefft
Gerrit Vanderziel
NOTICE OF AIRPORT LAND USE COMMISSION ACTION
ALUC 2006-009
HEARING DATE: August 16,2006
RECOMMENDATION TO: CITY OF SAN LUIS OBISPO
SUBJECT: A mandatory referral from the City of San Luis Obispo(Jaime Hill, Planner)regarding
amendments to Municipal Code Section 17:Zoning Regulations.
On August 16,2006, the Airport Land Use Commission determined the above referenced project consistent with the
San Luis Obispo County Regional Airport Land Use Plan and referred it back to the City of San Luis Obispo based on
Findino A, and Consistency Recommendations as amended in the staff report to include: "modifications on Page 4-
39 as follows: Item (1) strike the last sentence: "specifically the following provision shall apply'; amend (1),
subparagraph 1, under 'Prohibited Uses", insert a sentence to read: 'The following are examples of specific
prohibited uses. The uses and requirements of the Airport Land Use Plan shall prevail"(followed by the City's list of
uses); amend Item (0 to read: "Is not allowed by the Airport Land Use Plan Noise Policies'; add a new number 3 to
include standard language to require an Avigation Easement; and a new number to include standard language to
require Real Estate Disclosures, confirmed by County Staff and language taken from policies 4.6.2." Copies of the
Airport Land Use Commission recommendations are attached.
If you have any questions regarding this matter, please contact me at(805)781-5708.
Sincerely,
O-z"
Chris Macek,Secretary
Airport Land Use Commission
(Planning Department Use Only)
Date NOFA Mailed September 5.2006
City of San Luis Obispo
Attn:Jaime Hill/Community Dev Dept
919 Palm Street
San Luis Obispo, CA 93401
Enclosed: X Airport Land Use Commission Recommendations
County Government Center, San Luis Obispo CA 93408
Attachment 4
Staff Report 0
San Luis Obispo County Airport Land Use Commission
DATE: August 16, 2006
TO:. AIRPORT LAND USE COMMISSION
FROM: BILL ROBESON, COUNTY PLANNING AND BUILDING
REFERRING AGENCY: CITY OF SAN LUIS OBISPO: Jaime Hill, Planner
APPLICANT: City of San Luis Obispo
SUBJECT: A MANDATORY REFERRAL FOR A DETERMINATION OF CONSISTENCY OR
INCONSISTENCY REGARDING AMENDMENTS TO MUNICIPAL CODE SECTION
17: ZONING REGULATIONS. THIS AMENDMENT PROPOSES A VARIETY OF
CORRECTIONS, UPDATES AND MODFICATIONS. THE PROPOSED
AMENDMENTTO THE CITY'S ZONING REGULATIONS IS CITYWIDE.
RECOMMENDATION
Recommend a determination of Consistency to the City of San Luis Obispo for the amendments to
Municipal Code Section 17: Zoning Regulations, based on the finding below and subject to
modifications on Page 4-39 as follows: Item (1)strike the last sentence:"specifically the following
provision shall apply"; amend (1), subparagraph 1, under"Prohibited Uses", insert a sentence to
read: "The following are examples of specific prohibited uses. The uses and requirements of the
Airport Land Use Plan shall prevail (followed by the City s list of uses);amend Item(f)to read: "Is
not allowed by the Airport Land Use Plan Noise Policies'; add a new number 3 to include standard
language to require an Avigation Easement; and a new number 4 to include standard language to
require Real Estate Disclosures,confirmed by County Staff and language taken from policies 4.6.2,
Finding: The proposed Zoning Regulation Amendment is consistent Wth the San Luis Obispo
County Regional Airport Land Use Plan (ALUP) because all proposed corrections, updates and
modifications are consistent with the ALUP. Furthermore, the proposed corrections, updates and
modifications do not cause existing property or future projects in the City of San Luis Obispo to
be inconsistent with the ALUP.
PROJECT DESCRIPTION
Proposal: Mandatory referral for determination regarding the amendments to Municipal Code
Section 17: Zoning Regulations.
Setting
Existing Uses: City of San Luis Obispo—all use types and all zoning categories
Site Area: City-wide
Discussion
Periodically local jurisdictions find it necessary to revise and amend current General Plan
documents to ensure that regulations are clear, consistent and provide tools for implementing the
goals and policies established by that local jurisdiction.
The City of San Luis Obispo is beginning the process of amending their Municipal Code Section
17: Zoning Regulations. The Public Utilities Code along with section 2.5.1.4 Actions by Referring
Agency of the ALUP, require that prior to enacting certain ordinances; such as a zoning
Attachment 4
Staff Report:City of Zoning Regulation"IT&ent O Page 2
ordinance amendment that affects land within the Airport Planning Area, such action shall be
referred to the ALUC.
The attached Staff Report describes each amendment and shows the associated chapter and
section. In the Zoning Regulations document, there are several areas that will be modified in
some way, however, in reviewing these changes there were none that would cause any uses or
properties to be inconsistent wit the ALUP.
The following two sections, taken from the proposed Zoning Regulations documents, required
more in-depth analysis to ensure consistency between the ALUP and the Zoning Regulations.
Chapter 17.14: Nonconforming Structures
A. A non-conforming structure that is damaged to an extent •of one-half or more of its
replacement cast immediately prior to such damage may be restored only if made to conform.
However, fly residences in some zones may be allowed to be restored at the original
density and size, even if the density and size do not conform to current regulations (see
Section 17.16.010E). (Ord. 1346 (1999 Series))
This section deals with the procedural process by which a property owner would obtain permits to
rebuild a destroyed nonconforming building. In addition, more flexibility has been built in to allow for
the redevelopment of destroyed residences rather than multifamily residences only. The main
issue is density.A nonconforming single family residence that is destroyed and rebuilt, can satisfy
section 2.8.1 Existing Land Use of the ALUP, because it is allowed to be rebuilt only to the original
densand the number of dwelling units would not be increased. The same scenario applies to
nonconforming multifamily structures. The rebuild of this type of building would only be allowable if
the original number of units was proposed. (See section 2.8.1 Existing Land Use of the ALUP
below)
No redevelopment of an existing residential land use that Is Inconsistent with the ALUP will be allowed
which would result In an Increase In the number of residential units or In Residential density, unless the
proposed Increase Is consistent with the ALUP. Redevelopment of residential land uses shall not be
precluded because of location with respect to airport CNEL noise contours, but such redevelopment
may not Increase the number of residential units located within the 55 dB CNEL airport noise contour
and the design and construction of all new dwellings shall be adequate to mitigate single-event avla-
flon noise Impacts In accordance with Section 4,3,3 of this ALUP. Redevelopment of exlsting residential
land uses which Include structures extending to or above any civil airport Imaginary surface associated
with the San Luis Obispo County Regional Airport will be allowed, but such redevelopment may not
Increase the number of structures that penetrate airport Imaginary surfaces nor the height by which
airport Imaginary surfaces are exceeded. In addition, redevelopment of residential units shall not cre-
ate a hazard to air navigatiort as defined by Section 4,5.2.2 of this ALUP, and shall comply with all
requirements of Policy A-1 and Policy 0-1 In the some fashion as required for new construction.
Chapter 17.21.050 Secondary Dwelling Units Procedural Requirements
B. Areas Where Secondary Dwelling Units Are Allowed. Upon meeting the requirements of this
section, secondary dwelGng units may be established in the foHowinng zones: R-i, R-2, R-3,a9d
Rte, and O, when the primary use on the site is a ainale famrry divetti7g.
This section deals with permit procedure as well as the addition of the"Office" (0)as an allowable
zoning category for secondary dwellings. The key portion of the text above that ensures
consistency and does not increase density in critical safety areas around the airport, is the
requirement that the primary use on an Office zoned property must be a single-family dwelling.
Single-family dwelling on Office zoned properties occur in and around the central/downtown area in
Attachment 4
Staff Report City of Zoning Regulabon dent � Page
contrast, the Office zoned properties closer to the airport have larger office buildings as the primary
use and would not qualify for a secondary dwelling (see attached zoning maps).
Recommendation
Staff advises your Commission determine that the proposed Zoning Regulation Amendment be
found consistent with the Airport Land Use Plan (ALUP), because all proposed corrections,
updates and modifications are consistent with the ALUP.
J
Attachment 5
ORDINANCE NO.XXXX(2006 Series)
AN ORDINANCE OF THE CITY COUNCIL OF SAN LUIS OBISPO AMENDING
CHAPTER 17 OF THE MUNCIPAL CODE,THE CITY'S ZONING REGULATIONS
(R/TA, ER 226-05)
WHEREAS, the Airport Land Use Commission of San Luis Obispo County conducted a
public hearing on August 16, 2006, for the purpose of evaluating the proposed amendments to
the Zoning Regulations, and found these amendments consistent with the Airport Land Use Plan;
and
WHEREAS, the Planning Commission of the City of San Luis Obispo conducted public
hearings on August 9, 2006 and September 13, 2006, for the purpose of formulating and
forwarding recommendations to the City Council regarding the request to amend the Zoning
Regulations; and
WHEREAS, the City Council conducted a public hearing in the Council Chamber of
City Hall, 990 Palm Street, San Luis Obispo, California, on October 17, 2006, for the purpose of
considering Application R/TA, ER 226-05; and
WHEREAS, notices of said public hearings were made at the time and in the manner
required by law; and
WHEREAS, the Council has reviewed and considered the Negative Declaration of
environmental impact for the project; and
WHEREAS, the Council has duly considered all evidence, including the
recommendation of the Planning Commission, testimony of interested parties, and the evaluation
and recommendations by staff,presented at said hearing; and
WHEREAS, the City Council finds that the proposed text amendments are consistent
with the General Plan, the purposes of the Zoning Regulations, and other applicable City
ordinances.
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 adequately addresses the potential environmental impacts
of the proposed text amendments to the Zoning Regulations, and reflects the independent
judgment of the City Council. The Council hereby adopts said Negative Declaration.
SECTION 2. Findings. Based upon all the evidence, the Council makes the following
findings:
1. The proposed amendments are necessary to modernize and enhance property
Attachment 5
development standards, correct typographical errors, and bring the ordinance into
consistency with recently adopted specific plans.
2. The proposed amendments will allow for more effective implementation of the
General Plan, Municipal Code, and Community Design Guidelines by clarifying the
intent of City regulations and streamlining permit processing.
3. The proposed amendments will not significantly alter the character of the City or
cause significant health, safety or welfare concerns, since the amendments are
consistent with the General Plan and will augment the implementation of General
Plan policies.
4. The Initial Study of Environmental Impact and the Negative Declaration adequately
evaluates all of the potential impacts of the text amendment.
SECTION 3. Action. The City Council does hereby approve amendment of Title 17 of
the San Luis Obispo Municipal Code(Zoning Regulations), as set forth in Exhibit A hereto.
SECTION 4. Copies of the amendments showing the particulars of the proposed
amendments are on file in the office of the City Clerk, at 990 Palm Street.
SECTION 5. 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 day of , 2006, AND FINALLY
ADOPTED by the Council of the City of San Luis Obispo on the day of ,
2006, on the following roll call vote:
AYES:
NOES:
ABSENT:
Mayor David F. Romero
ATTEST:
City Clerk Audrey Hooper
APPROVED AS TO FORM:
City Attorney Jonathan Lowell
G:UHiII\GPA and RZ\226-05(Zoning Text Amendments)\Reports\City Co=ci]\CC Ordinance XXXX(R 226-05).doc
• �EXHIBITA
Zoning Regulations
Chapter 17.08: Uses Allowed in Several Zones
Sections:
17.08.010 Temporary uses.
17.08.020 Outdoor sales.
17.18.030 Service stations.
17.18.040 Concurrent sales of motor fuel and alcoholic beverages.
17.08.050 Vending machines
17.08.060 Electronic game amusement centers.
17.08.070 Mineral extraction.
17.08.072 Mixed Use Projects.
17.08.080 Public utilities.
17.08.090 Home occupations.
17.08.095 Convenience stores.
17.08.100 Child and adult day care.
17.08.110 Homeless shelters.
17.08.120 Location of pools and pool equipment.
17.08.130 Live/work and work/live units.
17.08.010 Temporary and Intermittent Uses.
A. Purpose and Intent. The provisions codified in this chapter provide for certain
temporary and intermittent uses. It establishes standards and procedures to assure
that such uses are compatible with their surroundings and the intent of these
regulations.
In approving a temporary or intermittent use, the Director may establish requirements
related to, but not limited to, days and hours of operation, parking, temporary structures,
and site planning, in addition to performance standards specified below. The Director
shall determine the extent to which any permanent on-site parking and other facilities
may satisfy the requirements for the proposed use. A temporary use approval is not
intended to allow a land use that is not allowed in the primary zoning district, other than
in the specific cases listed in Section C.
The Director may refer any proposed temporary or intermittent use to an administrative
hearing or to the Planning Commission for action.
17.08.072 Mixed Use Projects
B. Mix of uses. A mixed use project requires a combination of residential units with any
other use, or combination of uses allowed in the applicable zoning district by Section
17.22.010; provided that where a mixed use project is proposed with a use required by
Section 17.22.010 to have Use Permit approval in the applicable zoning district, the entire
mixed use project shall be subject to that permit requirement.
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HIBIT A
C. Maximum density. The residential component of a mixed use project shall comply
with the maximum density requirements of the applicable zoning district; except that
the base density of the residential component of a mixed use project in the C-S or M
zoning districts shall not exceed 24 density units per net acre, plus density bonuses
where applicable.
17.08.090 Home Occupations
B. Permit Required
1. The conduct of a home occupation requires the approval of a home occupation
permit by the Director, who may establish additional conditions to further the
intent of this section. A permit is required when a person does business in
his/her home, uses his/her home address as a business address on business
licenses and tax certificates, or uses his/her phone as a business phone. Home
occupations may be conducted from dwellings located in residential zones or
from dwellings located in commercial zones where dwellings are an allowed
or conditionally allowed use. Home occupation permits are not required for
employees telecommuting.
A public notice shall be posted at the site of each proposed home occupation. If
anyone informs the Community Development Department of a question or
objection concerning the proposed home occupation that cannot be satisfactorily
resolved within five days of the posting, the Director shall schedule a hearing for
the application as provided for administrative use permits. If no questions or
objections are received by the Community Development Department within five
days after posting, the Director may issue the permit upon submission of all
required information and without further notice or public hearing.
C. General Requirements.
1. Home occupations shall not involve customer access or have characteristics which
would reduce residents' enjoyment of their neighborhoods. The peace and quiet of
residential areas shall be maintained.
2. There shall be no customers or clients except for:
a) Private instruction, such as education tutoring, music, or art, on an individual
basis, provided there are not more than six (6) students in any one day.
b) Physical therapists, including massage, or other therapists, who shall have no
more than one client on site at any time and no more than six (6) clients in any
one day.
c)Attorneys, accountants and other low visitation consultants.
Businesses with customer access shall maintain at least one (1) on-site customer
parking space in addition to their required residential parking. For the purposes of
this Section only, parking in a driveway that has a minimum depth of 20 feet from
the back of sidewalk and is made available to customers during business hours of
operation shall meet the definition of a parking space.
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3. Activities shall be conducted entirely within the dwelling unit or an enclosed
accessory building, and shall not alter the appearance of such structures.
(Horticultural activities may be conducted outdoors.)
4. There shall be no sales, rental or display on the premises (intemet and phone sales
okay).
5. There shall be no signs other than address and names of residents.
6. There shall be no advertising of other home occupation by street address except
that street address may be included on business cards and business
correspondence originating from the home.
7. No vehicle larger than a van or three-quarter-ton truck may be used in connection
with a home occupation. Any marked commercial vehicle used in conjunction
with the occupation shall have no more than two (2) square feet of advertising.
8. The home occupation shall not encroach on any required parking, yard, or open
space area.
9. Parking for vehicles used in connection with the home occupation shall be
provided in addition to parking required for the residence.
10. Activities conducted and equipment or materials used shall not change the fire
safety or occupancy classifications of the premises, nor use utilities in amounts
greater than normally provided for residential use.
11. No use shall create or cause noise, dust, vibration, smell, smoke, glare, or
electrical interference, or other hazard or nuisance.
12. No employees other than residents of the dwelling shall be allowed to work on-
site. (Babysitters or domestic servants are not considered employees of a home
occupation.)
13. Clients or customers shall not visit the home occupation between the hours of
7:00 p.m. and 7:00 a.m.
14. If the home occupation is to be conducted from rental property, the property
owner's authorization for the proposed use shall be obtained. .
15. Shipping to and from the home occupation shall be limited to no more than three
(3) per week. No delivery or commercial pick-up shall be by vehicles larger than
a typical delivery van (Fed Ex, UPS, etc.). Direct customer pick-up is prohibited.
D. Prohibited Uses. The following uses by their operation or nature may interfere with
residential welfare and diminish the convenience intended for commercial zones, and
therefore shall not be permitted as home occupations; However, off-site work is
permitted:
1. Automotive repair(body or mechanical), or detailing, upholstery or painting of
automobiles, when performed on the same site as the home occupation.
2. Personal services, such as beauticians and estheticians (See Zoning Regulations
Chapter 17.100); -
3. Carpentry or cabinet making;
4. Welding or machining;
5. Medical offices, clinics, laboratories, except that counseling is permitted, when no
more than one client visit or group session is held at one time;
6. Appliance, radio or television repair,
7. Print shops or photograph development; digital photo production is permitted;
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0 1 AHIBIT A
8. Gun or ammunition sales, including off--site work and by mail order. (Ord. 1102-1
Ex. A(4), 1987; Ord. 1006-1 (part), 1984; Ord. 941-1 (part), 1982; prior code-
9202.1 (D)
17.08.130 LivelWork and Work/Live Units
D. Density. Live/work and work/live units shall comply with the maximum density
requirements of the applicable zoning district, except that live/work and work/live
units within the C-S or M zones shall not exceed a base density of 24 dwelling units
per acre, plus density bonus, where applicable.
Chapter 17.14: Nonconforming Structures
17.14.010 Intent.
A structure which lawfully existed on the effective date of applicable sections of the
ordinance codified in this division, but which does not comply with one or more of the
property development standards for the zone in which it is located, is a "nonconforming
structure." This chapter is intended to provide for the correction or removal of such
structures as soon as practical, but not unduly encumber maintenance and continued use of
otherwise sound structures. (Ord. 941-1 (part), 1982: prior code 9202.4(A))
17.14.020 Regulations.
A. A non-conforming structure that is damaged to an extent of one-half or more of its
replacement cost immediately prior to such damage may be restored only if made
to conform. However, residences in some zones may be allowed to be restored at
the original density and size, even if the density and size do not conform to
current regulations (see Section 17.16.010E). (Ord. 1346 (1999 Series))
B. Changes to structural elements, interior partitions or other nonstructural
improvements and repairs may be made to a nonconforming building. However,
demolition (see Section 17.100 for definition of demolition )and reconstruction
shall be permitted only if the structure is made to conform.
C. Replacement costs shall be determined by the Chief Building Official, whose
decision may be appealed to the Council.
D. Exceptions to this chapter may be granted by the Director for historic structures
designated as such in any list or plan element adopted by the City, or for buildings
that are over 50 years old where the existing building and any proposed additions
or modifications are compatible with the surrounding neighborhood.
E. Exceptions to this chapter may be granted to allow minor conforming additions to
nonconforming structures occupied by conforming uses, subject to a finding of
consistency with the intent of this chapter.
1. Additions of 150 square feet of gross floor area or less to single or duplex
dwellings may be approved by the Director without public hearing.
2. Other Conforming additions to residential structures and additions to
nonresidential structures may be allowed upon approval of a use permit by the
Director approved by the Director without public hearing.
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3. Upon approval of use permit the Director may allow other yards to be
reduced to zero in some instances for minor additions to existing legal non-
conforming structures (see Section 17.16.020.E2.d). (Ord..1365 (2000
Series)(part))
4. The value of additions allowed pursuant to subdivisions 1 and 2 of this
subsection shall be excluded from calculation of replacement cost of the
nonconforming structure. (Ord. 1006 -1 (part), 1984; Ord. 941 - 1 (part),
1982: prior code - 9202.4(B)).
Chapter 17.16.010Cha ter 17.16.010 Density.
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;, (Ord.
1365 (2000 Series)(part))
a. Studio apartment, 0.50 unit;
b. One-bedroom dwelling, 0.66 unit;
c. Two-bedroom dwelling, 1.00 unit;
d. Three-bedroom dwelling, 1.50 units;
e. Dwelling with four or more bedrooms, 2.00 units.
2. The following procedure shall be used to determine the maximum development
allowed on a given lot or land area:
a. Determine the Average Cross-slope of the Site. "Average cross-slope" is the
ratio, expressed as a percentage of the difference in elevation to the horizontal
distance between two points on the perimeter of the area for which slope is
being determined. The line along which the slope is measured shall run
essentially perpendicular to the contours.
i. Where a site does not slope uniformly, average cross-slope is to be
determined by proportional weighting of the cross-slopes of uniformly
sloping sub-areas, as determined by the Community Development
Director.
ii. Cross-slope determinations shall be based on the existing topography of
the net site area after accounting for any approved on-site grading
necessary to accommodate right-of-way improvements, and before
grading for other proposed on-site improvements. After subtracting the
area for any future on-site grading necessary to accommodate proposed
right-of-way improvements and other on-.site improvements.
Hi. Cross-slope shall be calculated only for the net area as defined in Sub-
section Alb below.
iv. When the calculation of cross slope results in a fractional number, it shall
be rounded to the next highest whole number if the fraction is one-half or
more; otherwise it shall be rounded down to the next lowest whole
number.
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v. No slope-rated density reduction is required in the C/OS, C-R, C-C or PF
zones.
vi. The maximum development allowed for each average cross-slope category
is as follows:
Table 1: Maximum Residential Density For Cross-Slope Categories
Average Maximum Density Allowed (density units per net acre)
Cross-Slope
in %
R-1 R-2, O, R-3 R-4 C-R, C-D, C-S,mu-,
C-N, C-T C-C M-Mu
0-15 7 12 18 24 36 24
16720 4 6 9 12 36 24
21-25 2 4 6 8 36 24
26+ 1 1 2 3 4 36 24
By approving an administrative use permit, the Director may grant exceptions to the
reduction of density with slope where the parcel in question is essentially enclosed on all
sides by development at least as dense and within the same cross-slope category as the
proposed development. The exception shall not authorize density greater than that
allowed for the category of less than 15% slope for the appropriate zone. (See also
Section 17.12.020D, Nonconforming Lots -Regulations.)
b. Determine the Net Area of the Site. "Net area" is all the area within the
property lines of the development site, excluding the following:
1. Street right-of-way dedicated and proposed to be dedicated to the City;
2. Area between the tops of banks of creeks shown on the Open Space
Element"Creeks Map";
3. Habitat occupied by species listed as "endangered" or "threatened"by the
U.S. Fish and Wildlife Service or the California Department of Fish and
Game, or as "plants of highest priority" by the California Native Plant
Society;
4. Area within the drip line of"heritage trees" designated by the City.
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.
(Ord. 1365 (2000 Series)(part))
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.
(Ord. 1365 (2000 Series)(part))
e. Exceptions for Multifamily Dwellings Rebuilt After Involuntarily Destroyed.
Multifamily residences in R-1, R-2, R-3, R-4, O, C-N, C-C, C-R, C-T,
and C/OS zones, which have been involuntarily damaged or destroyed by fire,
other catastrophic event, or the public enemy by more than 50% of their pre-
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damaged value, may be rebuilt at the same density and up to the same size,
under the following circumstances:
Chapter 17.16.020 Yards.
1. Unenclosed. Tandem Parking Spaces. For single yard required parking may be
approved by the Director to be in tandem where safe and compatible with the
surrounding neighborhood. Parking in the street yard is prohibited.
17.16.050 Fences, Walls and Hedges.
A. Fences, walls or hedges may be placed within required yards, provided:
B. Fences or walls may be placed outside required yards, provided:
1. The maximum height is eight feet.
2. Where the wall is connected to and a part of the house, it may be any height
allowed in the underlying zone.
C. Fence height is measured from the ground level along the lower side of the wall
directly at the wall or fence.
D. Where fences or walls are located on retaining walls, the height of the retaining wall
shall be considered as part of the overall height of the fence or wall. Walls of fences
within required yards must have a minimum-spacing of five feet to be considered
distinct for purposes of measuring overall height;
E. The Director may grant exceptions to these standards subject to a finding that no
public purpose would be served by strict compliance with these standards.
F. A public notice shall be posted at the site of each proposed fence height exception. If
anyone informs the Community Development Department of a reasonable objection
concerning the proposed fence height exception within five days of the posting, the
Director shall schedule a hearing for the application as provided for administrative
use permits. If no questions or objections are received by the Community
Development Department within five days after posting, the Director may issue a
letter of approval upon submission of all required information and without further
notice or public hearing. (Ord. 1006 - 1 (part), 1984; Ord. 941 - 1 (part), 1982: prior
code - 9202.5(F))
Chapter 17.16.060 Parking Space Requirements.
A. Automobile trip reduction.By approving an administrative use permit, the Director
may reduce the parking requirement for projects implementing non-auto travel,
particularly for commuting, when it can be demonstrated that reduction of on-site
parking will be safe, and will not be detrimental to the surrounding area or cause a
decline in quality of life. The applicant shall provide reasonable justification for the
reduction, including innovative project design,transportation demand management
(tdm), or incentives, which will reduce single-occupant vehicle travel to and from the
site. These may include, but are not limited to programs such as carsharing,
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EXHIBIT . A
employer-paid transit passes, cashouts (i.e. trip reduction incentive plans), or off--peak
work hours.
B. Off-site Parking. The Director may, by approving an administrative use permit,
allow some or all of the required parking to be located on a site different from the use.
Such off-site parking shall be within a zone where the use is allowed or conditionally
allowed, or within an office, commercial or manufacturing zone. It shall be within
300 feet of the use and shall not be separated from the use by any feature that would
make pedestrian access inconvenient or hazardous. The site on which the parking is
located shall be owned, leased or otherwise controlled by the party controlling the
use. (Ord. 1006 - 1 (part), 1984; Ord. 941 - 1 (part), 1982: prior code - 9202.5(G))
C. Bicycle and Motorcycle Spaces. Each use or development, which requires 10 or
more spaces, shall provide facilities for parking bicycles and motorcycles as follows:
1. Motorcycle Spaces. Parking for motorcycles shall be provided at the rate of one
space for each 20 car spaces. Projects that provide more motorcycle spaces than
required may reduce the required car spaces at the rate of one car space for each
five motorcycle spaces, up to a 10% reduction..
2. Bicycle Spaces. Parking for bicycles shall be provided in accordance with Table
6.5. All bicycle spaces shall be located at the ground floor level. Additional City
standards and guidelines for bicycle parking can be found in the City's
Engineering Standards, Community Design Guidelines, and Bicycle
Transportation Plan. Projects which provide more bicycle and/or motorcycle
spaces than required may reduce the required car spaces at the rate of one car
space for each five bicycle spaces, up to a 10% reduction. All bicycle parking
that exceeds the required number of spaces shall be apportioned between short-
term and long-term bicycle spaces as stipulated by Table 6.5
D. Requirements by Type of Use. Except as otherwise provided in these regulations,
for every structure erected or enlarged and for any land or structure devoted to a new
use requiring more spaces according to the schedule set out in this subsection, the
indicated minimum number of off-street parking spaces located on the site of the use
shall be provided.
The right to occupy and use any premises shall be contingent on preserving the
required parking and maintaining its availability to the intended users, including
residents, staff, and/or customers. In no case may required parking spaces for a use be
rented or leased to off-site uses or used for other purposes.
Parking, in addition to these requirements, may be required as a condition of use
permit approval.
E. Uses Not Listed.
The Director shall determine the parking requirement for uses which are not listed.
His/her determination shall be based on similarity to listed uses, and may be appealed to
the Planning Commission.
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EXHIR A
F. Parking calculations.
1. The parking requirement is based on the gross floor area of the entire use, unless
stated otherwise.
2. When the calculation of required parking results in a fractional number, it shall be
rounded to the next highest whole number if the fraction is one-half or more;
otherwise it shall be rounded down to the next lowest whole number.
3. Where there has been a reduction in required parking, all resulting spaces must be
available for common use and not exclusively assigned to any individual use..
G.Tandem parking.
For residential uses, when parking spaces are identified for the exclusive use of
occupants of a designated dwelling, required spaces may be arranged in tandem (that is,
one space behind the other) subject to approval of the Community Development
Director. Provision of required parking for a particular use in the street yard is
prohibited.
TABLE 6— PARKING REQUIRMENTS BY USE
Recommended changes to the table of required parking by use are as follows
1. Delete phrase "All others: one space per 300 square feet gross floor area" from
the category Medical service—Clinic, laboratory, urgent care and Medical service
—Doctor office.
TABLE 6.5 BICYCLE PARKING SPACE REQUIREMENTS
Zone Number of bicycle spaces Minimum % Minimum
as a percentage of short-term " bicycle long-term eld
required auto spaces a spaces bicycle spaces
R-21 R-3, R-4 5% 100% --
C-C, C-R, C- 15% 50% 40%
N, C-D
O 15% 10% 80%
C-T 5% 10% 80%
C-S, M 15% 10% 80%
PF
(schools,junior 1 space
high to college) per 3 students
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Ft
Park& ride 10% - - 100%
lots
a Requirements apply to uses that require 10 or more vehicle parking spaces.
When less that 1/2 space is calculated, one space is required.
b "Short-Term"bicycle parking is used by visitors to multi-family housing and
by patrons of commercial and institutional uses. Bicycle racks are used to
satisfy this need.
c "Long-Term" bicycle parking is used by employees of commercial and
institutional uses and by residents. Fully enclosed lockers are used to satisfy
this need. Lockable rooms reserved for bicycle storage and secured parking
areas managed by attendants are other acceptable forms. Bicycles shall be
parked vertically or horizontally with at least the rear tire resting at floor level.
d In addition to short- and long-term parking required for commercial uses,
residential uses in all zones shall provide bicycle lockers or interior space
within each dwelling or accessory structure (e.g. garages) for the.storage of at
least two bicycles.
Chapter 17.16.120 Wireless Telecommunications Facilities.
A. Planning applications and approvals required.
1. Installation of a new wireless telecommunication or modification of an existing
installation shall require administrative use permit approval and architectural
review.
2. The co-location of a new wireless telecommunication with an existing approved
installation shall only require architectural review.
3. The applicant shall submit application materials and fees as required by the
Community Development Department.
B. Revocation of a Permit.
Wireless telecommunication service providers shall fully comply with all conditions related
to any permit or approval granted under this section. Failure to comply with any condition
shall constitute grounds for revocation. If a condition is not remedied within a reasonable
period, the Community Development Director may schedule a public hearing before the
Hearing Officer to consider revocation of the permit. (Ord. 1409—2001 Series)
Chapter 17.20: Residential Occupancy Standards
TABLE 8: MAXIMUM POPULATION DENSITY FOR EACH ZONE
Maximum Population Density Zone(persons per net acre)
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R-1 21
R-2, O, C-N, C-T 25
R-3 40
R-4, C-R, C-C, C-D 55
(Ord. 941 - 1(part), 1982: prior code- 9202.7(B))
Chapter 17.21: Secondary Dwelling Units
"Sections:
17.21.010 Purpose.
17.21.020 Definitions.
17.21.030 General requirements.
17.21.040 Performance standards.
17.21.050 Procedure requirements.
17.21.060 Periodic review-Violations.
17.21.030 General requirements.
B. Areas Where Secondary Dwelling Units Are Allowed. Upon meeting the
requirements of this section, secondary dwelling units may be established in the
following zones: R-1, R-2, R-3, R-4, and O, when the primary use on the site is a
single-family dwelling.
17.21.050 Procedure requirements.
Prior to filing building plans with the City Building Division, the following shall be met:
A. Architectural Review Required. All requests shall be reviewed for consistency with
the City's Community Design Guidelines and architectural review ordinance. The
director shall determine, upon receiving complete application, whether the project
shall be forwarded to the Architectural Review Commission for review. All new
development projects within Historic Districts or within properties that contain
designated historic structures shall be referred to.the Cultural Heritage Committee to
be reviewed for consistency with Secretary of Interior Standards for treatment of a
historic property.
B. Application Contents. All proposed secondary dwelling unit requests shall be by
formal application for a secondary dwelling unit. No additional application fees for
architectural review shall be required.
C. Additional Requirements.
1. Owners Agreement with the City. The owner shall enter into an agreement with
the city, on a form approved by the city attorney and community development
director, agreeing that the property will be owner-occupied. Upon approval of a
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U. A
building permit, this agreement shall be recorded in the office of the county
recorder to provide constructive notice to all future owners of the property of the
use and owner occupancy restrictions affecting the property. If owner occupancy
is not possible, then the use will terminate, and the structure will be returned to its
original condition to the satisfaction of the director.
2. Property owners receiving approvals for secondary dwelling units and
establishing the use pursuant to this section shall also agree to reimburse the city
for costs of all necessary enforcement actions.
Chapter.17.22: Use Regulation
Section :
17.22.010 Uses allowed by zones.
A. Status of Uses. Uses within zones shall be as provided in Table 9, subject to parts B
through I below. In Table 9, symbols have these meanings:
A The use is allowed;
B If the director approves an administrative use permit as provided in Sections
17.58.020 through 17.58.080, the use may be established;
PC If the planning commission approves a use permit as provided in Sections
17.58.020 through 17.58.080, the use may be established;
A/D The use is allowed above the ground floor. If the director approves an
administrative use permit, it may be established on the ground floor.
Special notes affecting the status of uses, indicated by number in Table 9, may be
found at the end of the table.
B. Prohibition of Vacation Rentals. Vacation rentals are not allowed in any zone.
C. Specific Plan Consistency. Some land subject to City zoning is also subject to one
of several Specific Plans, which are intended to provide additional direction for the
development of those areas. Land within Specific Plans, designated by the SP zoning,
may be subject to further restrictions. The list of uses and permit requirements in the
Specific Plan shall prevail.
1. Airport Land Use Plan Consistency. Some land subject to City zoning is also
subject to the Airport Land Use Plan, which is adopted and amended from time to
time by the San Luis Obispo County Airport.Land Use Commission. The Airport
Land Use Plan establishes additional limitations on uses, which do not apply to
City-adopted zones outside the area subject to the Airport Land Use Plan. Table 9
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is to be applied consistently with the Airport Land Use Plan on land subject to
that plan.
2. Prohibited Uses. The following are examples of prohibited uses. The uses and
requirements of the Airport Land Use Plan shall prevail. No use shall be
established which:
a. Entails installation, construction,or enlargement of a structure that would constitute
an obstruction to air navigation, as defined in the Airport Land Use Plan, except as
may be approved by the Airport Land Use Commission and the Federal Aviation
Administration;
b. Entails a risk of physical injury to operators or occupants of aircraft(such as outdoor
laser light shows);
c. Causes smoke or vapors, lighting, illumination,or reflective glare, or an
electromagnetic disturbance that would interfere with aircraft navigation or
communication;
d. Attracts 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).
e. Is not allowed by the Airport Safety Areas and associated safety policies, subject
to modified provisions for the Margarita Specific Plan Area.
f. Is not allowed by the Airport Land Use Plan Noise Policies.
3. Notwithstanding section 17.22.01 OG.1 above, the provisions of this section are
not intended to supercede the provisions of Article 3.5 of the Public Utilities Code
commencing with section 21670.
4. Avigation easements will be recorded for all properties involved in the
proposed development.
5. All owners,potential purchasers, occupants (whether as owners or renters),
and potential occupants (whether as owners or renters) will receive full and
accurate disclosure concerning the noise, safety, or overflight'impacts associated
with airport operations prior to entering any contractual obligation to purchase;
lease; rent, or otherwise occupy any property or properties within the airport area.
Table 9
Recommended changes to the table of uses allowed by zone are as follows:
1. Indoor recreation, more than 3,000 square feet, allowed in C-S with Director's Use
Permit(D); See Note 12
2. New cell sites allowed with Directors Use Permit (D)rather than PC Use Permit
3. "Media Production- Backlots/outdoor facilities and soundstages" is a new separate
use that is allowed in C-S, M, and BP with Director's Use Permit(D)
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4. The category"Broadcast studio" shall be replaced with "Media Production—
Broadcast studio," with no change in permit requirements.
5. The category"Vacation Rentals" is a use category which is prohibited in all zones
6. Veterinary clinic/hospital,boarding, small animal, indoor, allowed in C-N with
Director's Use Permit (D)
7. Delete all types of residential care facilities from the AG zone
8. Single-family residence allowed in Office zone, rather than requiring a Director's Use
Permit (D)
Notes to Table 9:
9. O zone - All uses. A Use Permit is required for the conversion of residential
structures to non-residential uses. In order to approve a Use Permit, the Director shall
first find that:
a. The location, orientation, height, and mass of new structures will not significantly
affect privacy in nearby residential areas;and
b. The project location or access arrangements will not significantly direct traffic to
local streets in nearby residential areas; and
c. The project includes landscaping and yards that adequately separate parking and
pedestrian circulation areas from sites in nearby residential areas.
10. Groceries, Liquor, Specialty Foods in the CN Zone. In the C-N zone, grocery,
liquor and specialty food stores under 3,000 square feet are allowed. Such uses with
a gross floor area between 3;000 and 5,000 square feet are allowed with the approval
of an Administrative Use Permit. Stores between 5,000 and 10,000 square feet may
be approved by Planning Commission Use Permit: In order for a use permit to be
approved by the Hearing Officer or by the Planning Commission,the deciding body
must find that the proposed use is compatible with surrounding uses and the
surrounding neighborhood, and that the use is consistent with the purpose and intent
of the Neighborhood Commercial designation as discussed in the General Plan.
11. In order to approve a Medical Service in the C-S or BP zones, the Hearing Officer
must make the following findings:
a. The proposed medical service is compatible with surrounding land uses.
b. The proposed medical service is located along a street designated as an arterial or
commercial collector in the Circulation Element and has convenient access to public
transportation.
c. The proposed medical service will not significantly increase traffic or create
parking impacts in residential neighborhoods.
d. The proposed medical service is consistent with the Airport Land Use Plan.
e. The project will not preclude service commercial uses in areas especially suited for
these uses when compared with medical services.
f. The project site can accommodate the parking requirements of the proposed
medical service and will not result in other lease spaces being under-utilized because
of a lack of available parking.
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12. C-S zone - Required findings for Indoor Commercial Recreational Facilities.
Commercial indoor recreational uses in the C-S zone shall not include less than 10,000
square feet gross floor area per establishment. The approval of an indoor commercial
recreational facility in the C-S zone shall require that the review authority first find that:
a. The proposed use will serve the community, in whole or in significant part; and
the nature of the use requires a larger size in order to function;
b.The project will be compatible with existing and allowed land uses in the area;
c. The project location or accessarrangements will not significantly direct traffic
to use local or collector streets in residential zones;
d. The project will not preclude industrial or service commercial uses in areas especially
suited for these uses when compared with recreational facilities; and
e. The project will not create a shortage of C-S -zoned land available for service
commercial development.
Sections 17.24 through 17.48 would be amended to include lot dimension standards, as
illustrated in the following example:
17.24.026 Property Development Standards.
The property development standards for the R-2 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: 35 feet (see also Sections 17.16.020 and 17.16.040).
D. Maximum coverage: 50% (see also Section 17.16.030).
E. Standard Lot Dimensions:
Minimum lot area-5,000 square feet.
Minimum lot depth- 80 feet.
Minimum lot width- 50 feet.
F. Parking requirements: See Section 17.16.060. (Ord. 941 - 1 (part), 1982: prior code.-
9203.2(B))
Chapter 17.36.030 Public School Tenant Uses
A. Uses Allowed by Public School Tenant Permit. The Director approves public school
tenant permits subject to the standards in subsection F of this section. The Director may
establish conditions to further the intent of this section. A public notice shall be posted at the
site of each proposed school tenant use. If anyone informs the Community Development
Department of a question or objection concerning the proposed school use that cannot be
resolved by staff to the satisfaction of the complainant, within five days of the posting, the
Director shall schedule a hearing for the application as provided for administrative use
permits. If no questions or objections are received by the Community Development
Department that cannot be resolved, the Director may issue the permit upon submission of
all required information and without further notice or public hearing. The following uses
may be established by school tenant permits within public schools in the PF zone:
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1. Public and private educational programs different from those normally conducted
at the school, such as full-time, adult programs at an elementary school, or
professional, vocational or recreational classes;
2. Storage of furnishings and records;
3. Telephone answering or paging service;
4. Stenographic, court reporting, typing, graphic design, editing and translating
services;
5. Child day care.
C. Uses Allowed with Administrative Approval. If the Director approves an
administrative use permit, as provided in Sections 17.58.020 through 17.58.080, subject to
the standards in subsection F of this section, the following uses may be established within
public schools in the PF zone:
1. Office - Business and service
2. Government agency administrative offices with infrequent visitation;
3. Social service organizations;
4. Studio—Art, dance, martial arts, music, etc.;
5. Office for equipment sales or repair, excluding on-site sales or vehicle repair;
6. Clothing repair or alteration and repair of small appliances, watches, musical
instruments and similar items
7. Processing offices;
8. Maintenance service, client site services;
D. Uses Allowed with Planning Commission Approval. If the Planning Commission
approves a use permit, as provided in Section 17.58.080, subject to the standards in
subsection F of this section, the following uses may be established within public schools in
the PF zone:
1. Business support services
2. Library, museum
E. Standards. The following standards shall be conditions of approval for all types of
permits. Whether these standards can reasonable be met shall be considered when deciding
if a use permit should be approved for a specific use in a specific location:
1. Parking as required by Section 17.16.060 shall be provided;
2. There will be adequate space for the function itself and supporting activities such
as parking, in addition to all other activities previously established at the school;
3. The use will not require structural changes to the school building, inconsistent
with future school use of the building, unless there is written guarantee the
building will be restored for school use upon termination of the lease or permit;
4. There will be minimal customer, client or delivery traffic;
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5. Clients or customers shall not visit the leased space between 11:00 p.m. and 7:00
a.m.;
6. There will be minimal employee activity at night and on weekends;
7. Activities shall be conducted entirely within the school building or on established
playing fields and shall not alter the appearance of the building or the playing
fields, except as provided in standard 3 of this subsection;
8. No vehicle larger than a three-quarter-ton truck may be used by the tenant at the
lease site
9. Activities conducted and materials or equipment used shall not change the fire-
safety or occupancy classifications of the premises until a building permit has
been issued and the necessary improvements installed. No use shall cause noise,
dust, vibration, offensive smell, smoke, glare or electrical interference, or other
hazard or nuisance;
10. All uses must meet Fire Department standards for access, hydrant locations, and
fire flow prior to occupancy, (Ord. 1016— 1 (part), 1984; Ord. 941 — 1 (part),
1982:prior code—9203.7(0)
Chapter 17.42 Downtown-Commercial (C-D) Zone
F. Parking: Other sections of this Title notwithstanding, the Parking Requirements in the
C-D zone shall be as follows:
1. Restaurants, sandwich shops, take-out food, bars, taverns, night clubs, other food
service or entertainment establishments, theatres, auditoriums, convention halls,
and churches:one-half that required in Section 17.16.060 provided,however, that
in no case the requirement shall exceed one space per 350 square feet gross floor
area.
2. Dwellings, morels, hotels and bed and breakfast inns: One-half that required in
Section 17.16.060,
3. All other uses: One space per 500 square feet gross floor area.
4. In determining the total number of required spaces, all fractions shall be rounded
to the nearest whole number. Fractions of 0.5 or greater shall be rounded to 1;
fractions less than 0.5 shall be rounded to 0.
5. For existing buildings, only the parking needed for additions thereto or for
changes in occupancy which increase parking requirement relative to prior uses,
shall be required.
6. Parking space reductions allowed by Section 17.16.060 shall not be applicable in
the C-D zone, as the reduced parking rates established in 17.42.020.F.1-3 are
intended to provide flexibility in meeting parking requirements and rely on the
consolidation of parking.
7. The parking space requirement may be met by:
a. Providing the required spaces on the site occupied by the use;
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b. Providing the required spaces off-site, but within 500-feet of the proposed
use, in a lot owned or leased by the developer of the proposed use;
c. Participating in a commonly held and maintained off-site parking lot
where other businesses maintain their required spaces;
d. Participating in a parking district that provides parking spaces through a
fee or assessment program. (This subsection may be satisfied by
participation of the underlying property in a parking district by January 1,
1988. If by that date the underlying property is not participating in such a
district, the parking requirement shall be otherwise met);
e. Participating in an in-lieu fee program as may be established by the City
Council. Any parking agreement approved prior to adoption of the parking
standards contained in Sections F.1-3 above, may be adjusted to conform
with those standards, subject to approval of the Community Development
Director and City Attorney; or
f. Any combination of subsections F.4.a through F.4.e of this section.
The Community Development Department shall be notified of the expiration
or termination of any agreement securing required parking. The Department
shall schedule a public hearing before the planning commission to consider
revocation of the use authorization where no alternative location for required
parking is provided. (Ord. 1101 - 2, 1987; Ord. 1074—2, 1986: Ord. 1050— 1
(part), 1985: Ord. 1023 — 1 1984; Ord. 1006— 1 (part), 1984; Ord. 1941 —
(part), 1982: prior code—9203.10(B))
Chapter 17.46: Service-Commercial (C-S) Zone
17.46.020 Property Development Standards.
The property development standards for the C-S zone are as follows:
A. Maximum density: 24 units per net acre (see Section 17.16.010).
B. 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.
C. Maximum height: 35 feet (see also Section 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 1.5. (Ord. 1365 (200 Series) (Part))
F. Parking requirements: See Section 17.16.060.
G. Off-street loading requirements:
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Gross Floor Area Number of Spaces
of Building Required
1,000 to 9,999 none
10,000 to 29,999 1
30,000 to 99,999 2
100,000 and more 3
G. Maximum Building Size: No retail establishment (commercial building) shall exceed
60,000 square feet of gross floor area, unless excepted by Section 17.16.035.
Chapter 17.48:. Manufacturing (M) Zone
17.48.010 Purpose and Application.
17.48.020 Property Development Standards.
The property development standards for the M zone are as follows:
A. Maximum density: 24 units per net acre (see Section 17.16.010).
B. 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.
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 1.5. (Ord. 1365 (200 Series) (Part))
F. Parking requirements: See Section 17.16.060.
G. Off-street loading requirements:
Gross Floor Area Number of Spaces
of Building Required
1,000 to 9,999 none
10,000 to 29,999 1
30,000 to 99,999 2
100,000 and more 3
(See also Performance Standards, Chapter 17.18.) (Ord. 1085 - 1 Ex. A(part), 1987; Ord.
941 - 1 (part), 1982: prior code - 9203.13(B))
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Chapter 17.62: Planned Development
17.62.045 - Decision and Findings
Following a public hearing, the Commission may recommend, and the Council may
approve or disapprove a rezoning to apply the PD overlay zoning district in compliance
with this Section.
A. Mandatory project features. The review authority may recommend or approve a
rezoning to apply the PD overlay zoning district only for a project that incorporates a
minimum of two of the following four features.
1.A minimum of 25 percent of the residential units within the project are affordable
to households of very low, low or moderate income (See Municipal Code Chapter
17.90 for incentives provided for affordable housing development, including
density bonuses and possible fee waivers);
2.The project will achieve greater energy efficiency than standard developments
through the incorporation of green building techniques, scoring at least a silver
rating on the LEED or other equivalent rating system, or achieving a minimum of
30 percent greater energy efficiency than the minimum required by California Code
of Regulations Title 24;
3.The project will preserve, enhance, and/or create a significant natural feature with a
minimum area of one-half acre; or
4.The project will provide a substantial public amenity, for example, a significant
public plaza, a public park, or a similar improved open space feature, including
provisions for guaranteed long-term maintenance not at the expense of the City.
Chapter 17.100 Definitions
Accessory. "Accessory" means clearly subordinate or incidental and directly related to a
permitted use or structure. "Accessory use" includes active or passive solar heating systems
and cogeneration facilities. "Accessory structures" shall be no larger than 450 square feet or
50% of the primary structure, whichever is greater (Ord. 941-1(part), 1982: prior code —
9204.11 (part)).
Ambient entertainment.Acoustic or recorded music, or live readings of books or
poetry, which is clearly incidental, that allows for normal conversation levels, and for
which no cover fee or ticket is required. Indoor stage/performance area shall not exceed
80 square feet.
Bedroom. All rooms within a dwelling unit with the exception of one kitchen, a
designated living room, bathrooms(s), pantry/closets (without windows and less than 70-
square feet of floor area each), hallway(s), laundry/utility room, and any room, including
dining rooms, that has a minimum of 50% open wall area with an adjoining room.
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Demolition.The act of reconstructing, removing, taking down or destroying all or
portions of an existing building or structure, or making extensive repairs or modifications
to an existing building or structure, if such changes involve removal or replacement of 50
percent or more of both the structural framing and cladding or of the exterior walls within
a 24-month period. When determining whether a building or structure is demolished, the
following applies:
A. The nonconforming portions of any wall is counted as removed or taken down, even
when retention of these portions is proposed.
B. Any continuous run of remaining exterior wall surfaces measuring 10 feet or less in
length are counted as removed or replaced.
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 for owner occupancy, rental, or lease on a monthly or
longer basis.
Electronic game/ Electronic game amusement center. "Electronic game" means a coin
operated machine or device offered to the public as a game or amusement, the object of
which is to achieve a high or low score based on the skill of the player. "Electronic game
amusement center" means any premises having thereon available four or more electronic
games,when the games are a primary good or service offered by the establishment. See also
Chapter 5.52, electronic game amusement centers. (Ord. 946-3. 1983: prior code-9204.11
(per))
Gross floor area. "Gross floor area" means the total area enclosed within a building,
including closets, stairways, and utility and mechanical rooms, measured from the inside
face of the walls. (Ord. 941 —(part), 1982:prior code—9204.11 (part))
Guest House. A separate accessory structure, that is designed, occupied, or intended for
occupancy as sleeping and bathing quarters only, that does not contain a kitchen, and is
intended to be used in conjunction with a primary residence that contains a kitchen.
"Accessory structures" shall be no larger than 450 square feet or 50% of the primary
structure,whichever is greater.
Kitchen. "Kitchen" means an area within any structure including one or more of the
following facilities that are capable of being used for the preparation or cooking of food:
ovens/microwave ovens, stoves, hotplates, refrigerators exceeding six cubic feet,
dishwashers, garbage disposals, sinks having a drain outlet of larger than 1 '/z inches in
diameter, and cabinets, counter space, or other areas for storing food.
Media Production. Fixed-base facilities for motion picture, television, video, sound,
computer, and other communications production. These facilities include the following
types:
Backlots/outdoor facilities. Outdoor sets, backlots, and other outdoor
facilities, including supporting indoor workshops and craft shops.
Indoor support facilities. Administrative and technical production support
facilities, including administrative and production offices, post-production
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facilities(editing and sound recording studios, foley stages, etc.), optical and
special effects units, film processing laboratories, etc.
Soundstages. Warehouse-type facilities providing space for the construction and
use of indoor sets, including supporting workshops and craft shops.
1. Backlots/outdoor facilities and soundstages. Outdoor sets, backlots, and
other outdoor facilities and warehouse-type facilities providing space for the
.construction and use of indoor sets, including supporting workshops and craft
shops.
2. Broadcast studios. Workplace where movies, television shows or radio
programs are produced and recorded, including administrative and technical
production, administrative and production support offices,post-production
facilities (editing and sound recording studios, foley stages, etc.), optical and
special effects units, film processing laboratories, etc..
Minor Addition. Additions comprising less than 50% increase in total building area,
constructed in compliance with current regulations.
Minor Nonconforming Addition. Extension of the nonconforming feature of an existing
building by no more than 50%.
Produce Stand. A temporary facility for selling seasonal goods such as fruits, vegetables
and plants.
Nightclub. A facility providing entertainment, examples of which include live or
recorded music and/or dancing, comedy, disc jockeys, etc., which may also serve
alcoholic beverages for on-site consumption. Does not include ambient music, which is
defined separately.
Vacation Rental. A dwelling or part of a dwelling where lodging is furnished for
compensation for fewer than thirty consecutive days. Does not include fraternities,
sororities, convents, monasteries, hostels, bed &breakfast inns, hotels, motels, or
boarding/rooming houses, which are separately defined.
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city o� san Luis OBISPO
zoning Reculatlons aucust 2006
TABLE 9-USES ALLOWED BY ZONE-Continued
...........
R2' ,R3. Rb. pF,!D Qi) C k C C GD'.ECR C<T ;CS W 8P Re9ulatidos:
RECREATION,EDUCATION,&PUBLIC ASSEMBLY USES
Bar/tavern _ D D D D D D
Club,lodge,private meeting hall D FD A D AID D D D _
Commercial recreation facility Indoor I I PC D D D D PC D(10) 17.08.060
Commercial recreation facility-Indoor PC D D D D D(12) PC D(10) 17.08.060
Commercial recreation facility-OutdoorfI _ PCI PC
Educational conferences I D D D D 17.08.010.C.6
Fibtes&,T"th facility j j D A D DI PC A A D(10)
Golf Course PCI
Library,museum PCI D D D O
Library,branch facility D D D D
Night dub Il D D D D D D Chapter 17.95
Park,playground D D AA I A D D A A A
Public assembly facility PC D D D D PC
Religious facility PC D D D D A D D D A D(7) D(7) D(7)
SS Boarding school,elementary,middle,
secondary
PC PC I
School-College,university campus PC
School-College,university-Satellite classroom
facility _
School-Elementary,middle,secondary PC PC D D PC D
School-Specialized educationttrami g _ _ PC NO AM A A A
Special event D D D D D D D D D 17.08.010
Sports and active recreation facility PCI PCI PC PC
Sports and entertainment assembly facility TTITI; PC PC
Studio-Art,dance.martial arts,music.etc. AID A/D A PC A
Theater PC(8) j D D D D(10)I Chaptw5.40
Theater-Drive-in �I PCI PC
RESIDENTIAL USES
Boardingfrooming house,dormitory I PCI D D D I Chapter 17.20
Caretaker quarters A j A A A A A A A A A A A A A A D
Convents and monasteries I PC A A
Fraternity,sorwity PC PC
High occupancy residential use
Home occupation �H H H H H H H H H H H H H H 17.08.090
Livetwork units A A A A 17.08.120
LlveMrork units A A A A 17.08.130
Mined-use project A A A A A A PCI PCI I 17.08.072
Mobile home as temporary residence at building
site A A A A A A A A
Mobile home park A A A A
Mutt)-famNy dwellings _A A_ A D D D
Residential care facilities-6 or fewer residents A A A A A A A AID AID AID D
Residential care facilities-6 w fewer residents I A A A_ A A A AID A/D ASD D
Residential care facilities-7 or more residents A A A A A _ A D _ AID AID
Residential care facilities-7 w more residents A A A A D A/D A/D D
Single-family dwellings A A A(2) A A A D D D
Single-family dwellings I A A A(2) -A A A A D D
Work/live units D D 17.08.130
Key: A=Allowed D=Directors Use Permit approval required PC=Planning Commission Use Permit approval required
AID=Director's approval on ground Bow,allmed on second flow or above H=Home Occupation Permit required
Note: Footnotes affecting spei8c lard uses follow the table.
Pace s-2
7v.747�77,11�1 7
city of San WIS OBISPO
zoninin, Req4ulAtions allQUISt 2006
TABLE 9-USES ALLOWED BY ZONE-Continued
Perrua................
:I:...
)3p Ragulatigns
SERVICES-BUSINESS,FINANCIAL&PROFESSIONAL
__ATMs A A A A A A A A A
Banks and financial services A A A A D(4)i D(4) D(10)
Business support services A A/D A A A
I _+
t 4 -
Medical service-Clinic,laboratory,urgent care D D D A D(12) D(12)
medical service-Doctor-office A AID AID AD(l 2) D(12)�
Medical service-E)dended care PC PC D PC PC
D_
Medical service-Hospital _PC_FPC__
Office-Accessary A A A A A A A
4- �I
i_
Office-Business and service A A AID A D
—Office-Government D PC A A P
Office-Processing 0 D 1)(4)
-Office-Production and administrative A AID AlDf A D (4) D(4) A
Office-Professional A AID AID Al D(10)j
Office-Temporary See Section 17.08.010.0
Photographer,photographic studio A AID A PCI A 1
SERVICES-GENERAL
Catering service D D A 0 A A
Cemetery,mausoleum,columbarlum I PC PC PC I PC t
PC PC PC PC I I
Copying and Quick Printer ServiceA A A A A A, A A
Day care-Day care center Dig D(g)j D(g) D(g) A A/D r A D(9) D(9) D(9) D(10) 17.08.100
Day care-Family day care home A A A A A + A A A A A A A 17.08.100
Equipment rental
A A D(10)
Food bank/packaged food distribution center D D
Homeless shelter PCI PC PC PC PC PC PC PC 17.01.110
Homeless shelter PCI PC PC PC 11 PC PCI PC PC 17.08.110
Maintenance service,client site services A A PC
Mortuary,funeral home D A D
Personal services
A A A I A D A D(1 0),
Personal servi. TD D
ces-Restricted
Public safety facilities PC PC(10)
Public utility facilities PC A A 1708080
Repair service-Equipment,Fwgs appliances,
etc. A A��00) -
Residential Support Services A A A A
Social service organization D A A A D
Vehicle services-Repair and maintenance-
Major I A A D
Vehicle services-Repair and maintenance-
Minor PC D y A A D
Vehicle services-Car%vash D j D PC D D
Veterinary clinicftspital,boarding,large animal PC PC D D
Veterinary clinicthospital,boarding,small animal,
Indoor D
A A
Veterinary clinictlPios-pital,boarding,small animal,
Indoor 0 D A AID 4 A A
—Vet-eTnary—ctiic-JFos—piQ-56-ar-diiii,-s—madI—animal-, —i
outdoor D
Key: A=Allowed D=Director's Use Permit approval required PC=Planning Commission Use Permit approval required
A/D=Director's approval on ground floor,allowed on second floor or above
Note: Footnotes affecting speffic land uses follow the table.
PACjC B-4
JL 2C �
city of San LUIS OBISPO
AUQUSt 2006 zoninq Qequlaions
TABLE 9-USES ALLOWED BY ZONE-Continued
..........
":b
use.
.3 :A
1 4 11:: A
R1 FQ:
ij: ** [ 3]!�
TRANSPORTATION&COMMUNICATIONS
Airport I. PC PC PC D
Ambulance,tad,and/or limousine dispatch
facility A D D(10
Antennas and_telecommunications facilities PC y PC PC PC PC PC PC PC D D 0 17.16.120
Antennas and telecommunications facdNes D D D D D D DI T D D D D 17.16.120
--- .1.--- - I — —
Broadcast studio A A/D A A A A
—Media Production--Broadcast studio 7 AID A A A A
Media Production-Backlots/outdoor facilities _
and soundstages D 0 0
Heliport i PC PC
Parking facilityPC,6,P C,61 PC(6) D(6), D(6) D(6),
PC(8)
� )�
Parking facility-Multi-level 6PC(6)!PC(6)j 6),PC(6)1
Parking facility-Temporary _PC D D D D D D D D 17.08.010
Railroad facilities D A
IT I —-_ —
Transit station or terminal PC PC PC D A
Transit stop A A A A A A A A
Truck or freight terminal A A D
Water and wastewater treatment plants and
Services I IPC I PC
Key: A=Allowed D=Director's Use Permit approval required PC=Planning Commission Use Permit approval required
A/D=Director's approval on ground floor,allowed on second floor or above
Note: Footnotes affecting speffic land uses follow the table.
Page B-5
* ZMIBIT
city of sen LUIS OBISpo __
zoning uequlatlons auQust 2006
TABLE 6-PARKING REQUIREMENTS BY USE
iiii'. ip!piiesi aE
Nufs(ber of OfPS�eet:.,arkml;Spaces..eg4„
SERVICES-BUSINESS,FINANCIAL&PROFESSIONAL
ATMs No requirement
Banks and financial services I One space per 300 square feet gross floor area
Business support services One space per 300 square feet gross floor area
Medical service-Clinic,laboratory,urgent care (Medical dental and other health services:one per 200 square feet gross floor area.All others:one
j space per 300 square feet gross floor area.
Medical service-Clinic,laboratory,urgent care Medical dental and other health services:one per 200 square feet gross floor area.A
Medical service-Doctor office Medical dental and other health services:one per 200 square feet gross floor area.All others:one
space per 300 square feet gross floor area.
Medical service-Doctor office Medical dental and other health services:one per 200 square feet gross floor area.A
Medical service-Extended care One space per four beds(adult):one space per five juvenile occupants
Medical service-Hospital One space per bed
Office-Accessory As required for principle use
Office-Business and service One space per 300 square feet gross floor area
Office•Government Offices:one per 300 square feet gross floor area.Meeting rooms:one per four fixed seats or one
per 40 square feet of seating area without fi seats.
Post offices One space per 300 square feet office,sorting,customer service area plus one space per 500
square feet bulk handling
Office-Processing One space per 200 square feet gross floor area
Office-Production and administrative One space per 300 square feet gross floor area
Office-Professional Medical dental and other health services:one per 200 square feet gross floor area.All others:one
space per 300 square feet gross floor area.
Office-Temporary See Section 17.08.010 C
Photographer,photographic studio One space per 200 square feet gross floor area
page c-s
Attachment 6
T'ele�R Proposed Text J
Zoning Regulations
Chapter 17.08: Uses Allowed in Several Zones
Sections:
17.08.010 Temporary uses.
17.08.020 Outdoor sales.
17.18.030 Service stations.
17.18.040 Concurrent sales of motor fuel and alcoholic beverages.
17.08.050 Vending machines
17.08.060 Electronic game amusement centers.
17.08.070 Mineral extraction.
17.08.072 Mixed Use Projects.
17.08.080 Public utilities.
17.08.090 Home occupations.
17.08.095 . Convenience stores.
17.08.100 Child and adult day care.
17.08.110 Homeless shelters.
17.08.120 Location of pools and pool equipment
17.08.130 Live/work and work4ive units.
17.08.010 Temporary and Intermittent Uses.
A. Purpose and Intent. The provisions codified in this chapter provide for certain temporary and
intermittent uses. It establishes standards and procedures to assure that such uses are
compatible with their surroundings and the intent of these regulations.
In approving a temporary or intermittent use, the Director may establish requirements related to,
but not limited to, days and hours of operation, parking, temporary structures, and site planning,
in addition to performance standards specified below. The Director shall determine-the extent to
which any permanent on-site parking and other facilities may satisfy the requirements for the
proposed use. A temporary use approval is not intended to allow a land use that is not allowed in
the primary zoning district, other than in the specific cases listed in Section C.
The Director may refer any proposed temporary or intermittent use to an administrative hearing
or to the Planning Commission for action.
B. Definitions. A temporary use is one which is established at a particular location for les is han
one year. An intermittent use is one which occurs no more than 90 days in a year, but which
may continue from year-to-year!
17.08.072 Mixed Use Projects
This Section provides standards for the design of mixed use projects.
A. Design considerations. A mixed use project shall be designed to achieve the following objectives. -_
A. The design shall provide for internal compatibily between the different uses!
5,
A - 1
Attachment 6
vCLGTed T-eiEt • Proposed Text
2. Potential noise, odors, glare, pedestrian traffic, and other potentially sign ficant i p
on residents shall be minimized to allow-a compatible mix of residential and
nonresidential uses on the same site.
3. The design of the mixed use project shall take into consideration potential impacts on
adjacent properties and shall include specrfic desi n features to minimize potential
impacts:
4 The design of a mixed use project shall ensure that the residential units are of a
residential character, and that privacy between residential units and between other uses
an the site is maximized!
5. The design of the structures and site planning shall encourage integration of the street
pedestrian environment with the nonresidential uses through the use of plazas l
courtyards, walkways., and street.fumiture
6�Site planning and building design shall be compatible with and enhance the adjacent and
surrounding residential neighborhood in terms of scale, building design, color, exterior`,
materials, roof styles lighting, landscaping, and signage f
B. Mix of uses. A mixed use project away GGFAbine requires a combination of residential units with
any other use, or combination of uses allowed. in the applicable zoning district by Section
17.22.010; provided that where a mixed use project is proposed with a use required by Section
17.22.010 to have Use Permit approval in the applicable zoning district, the entire mixed use
project shall be subject to that permit requirement.
C. Maximum density. The residential component of a mixed use project shall comply with the
maximum density requirements of the applicable zoning district; except that the base density of
the residential component of a mixed use project in the C-S or M zoning districts shall not exceed
24 density units per net acre,plus density bonuses where applicable.
D. Site layout and project design standards. Each proposed mixed use project shall comply,
With the property development standards of the applicable zoning district, and the following
re uirements
p. Location of units. Residential units shall not occupy ground floor space within the first
50 feet of floor area measured from each building face adjacent to a street, or anv around
floor space in the CD zoning district.
2.. Loading areas. Commercial loading areas shall be .located as far as possible from
residential units and shall be screened from view_from the residential of the
project to the extent feasible f.--.�
3. Refuse and recycling areas. Areas for the collection and storage of refuse and
recyclable materials shall be located on the site in locations that are convenient for both
the residential and non-residential usesT—
E. Performance standards.'
1. Lighting. Lighting for the commercial uses shall be apgro rip •ately shielded to not
negatively impact the residential units f
2. . Noise. All residential units shall be designed to minimize adverse impacts'from non-
'residential project noise, in compliance with the City's noise regulations(-
3�Hours of operation. A mixed-use project proposing a commercial component that will
operate outside of the hours from 8:00 a.m. to 6:00 p.m. shall require the Director's
approval to ensure that the commercial use will not negatively impact the residential uses
within the Project.
A - 2
Attachment b
DelText • Proposed Text 0
F. Requirements for Use Permit projects. A mixed use project that requires se a it
t
approval in compliance with Subsection B., or that is.located in the C-S or M zoning districts is
subject to the following requirements:
1. __Property development standards: ,The._approval of a Use Permit for a mixed use
project may include
k.. Conditions of approval that require provisions and standards in addition to, or instead
of the property development standards of the a applicable zoning district to ensure the
___compatibility of uses and surroundings;or,
b. Less restrictive standards than required by the applicable zoning district,to the extent
allowed by Use Permit approval in other sections of these re ulations, to make
particular use combinations more feasible.
2. Mandatory findings for approval. The approval of a Use Permit for a mixed use project
shall require that the review authority first make all of the following findings as applicable
a The pro projects mixed uses are consistent with the generalplananare com alible with
their surroundings,with neighboring uses,and with each otherr
d;
b. The projects design protects the public health, safety, and welfare; and
b. The mixed uses provide greater public benefits than single-use developme ft on�the
site. This finding must enumerate those benefits, such as proximity of workplaces
and housing, automobile trip reduction; provision of affordable housing, or other
benefits consistent with the Du oses of this Section!
3 Mandatory findings for more restrictive standards. To require property development
standards more restrictive than those of the un�ng_zone, the review authority must
make one of the following findings
a Site-specific property development standards are needed to protect all proposed
uses of the site, in particular residential uses; or
b. Site-specificproperty development standards are needed to make the_project
consistent with the intent of these regulations; or
cThe preponderance of the development proposed for the site is of a type not normally
permitted in the underlying zone, so property development standards for the zone
Where such development is normally found are appropriate.
17.08.090 Home Occupations
A. Intent. The provisions set forth in this section are intended to allow the conduct of home
enterprises that are incidental to and compatible with surrounding residential uses. A "home
oppp qtion" is gainful employment engaged in by the occupants of a dwelling_
B. Permit Required.'
1. The conduct of a home occupation requires the approval of a home occupation permit by
the Director, who may establish additional conditions to further the intent of this section. A
permit is required when a person does business in his/her home, uses his/her home
address as a business address on business licenses and tax certificates, or uses his/her
phone as a business phone. Home occupations may be conducted from dwellings
located in residential zones or from dwellings located in commercial zones where
dwellings are an allowed or conditionally allowed use. Home occupation permits are not
required for employees telecommuting.
A public notice shall be posted at the site of each proposed home occupation. If anyone
informs the Community Development Department of a question or objection concerning
the proposed home occupation that cannot be satisfactorily resolved within five days of
1 -( 77
A - 3
• Attachment 6
.� 'atfiba�m Proposed Text
the posting, the Director shall schedule a hearing for the apptrcatron as proviueu iur
administrative use permits. If no questions or objections are received by the Community
Development Department within five days after posting, the Director may issue the permit
upon submission of all required information and without further notice or public hearing.
2. State licensed child day care centers for six or fewer children are exempt from hme
occupation regulations (see state Health and Safety Code, Section 1529.5)j
C.General Requirements.
1. Home occupations shall not involve 4equeRt customer access or have et#e�
characteristics which would reduce residents' enjoyment of their neighborhoods. The
peace and quiet of residential areas shall be maintained.
2. There shall be no customers or clients except for.
a) Private instruction, such as education tutorina. music, or art, on an individual basis,
provided there are not more than six(6)students in any one day.
b) Physical therapists, including massage, or other therapists, who shall have no more
than one client on site.at anytime andnomore than six(6)clients in any one day.
c)Attorneys, accountants and other low visitation consultants.
Businesses with customer access shall maintain at least one (1) on-site customer,parking
space in addition to their required residential parkina. For the purposes of this Section
only, parking in a driveway-that has a minimum depth of 20 feet from the back of sidewalk
and is made available to customers during business hours of operation shall meet the
definition of a parking space.
2. 3: Activities shall be conducted entirely within the dwelling unit or an enclosed accessory
.building, and shall not alter the appearance of such structures. (Horticultural activities
may be conducted outdoors.)
S. 4. There shall be no sales, rental or display on the premises (internet and phone sales
okay).
4. 5. There shall be no signs other than address and names of residents.
S. 6. There shall be no advertising of the home occupation by street address except that
street address may be included on business cards and business correspondence
originating from the home.
6. 7. No vehicle larger than a van or three-quarter-ton truck may be used in connection with
a home occupation. Any marked commercial vehicle used in conjunction with the
occupation shall have no more-than two (2)square feet of advertising.
7. 8. The home occupation shall not encroach on any required parking, yard, or open space
area.
B. 9. Parking for vehicles used in connection with the home occupation shall be provided in
addition to parking required for the residence.
9. 10. Activities conducted and equipment or materials used shall not change the fire safety .
or occupancy classifications of the premises, nor use utilities in amounts greater than
normally provided for residential use.
A - 4
t�aacnn�e►►t �
Deleted Teci ProposedTezt neh>f anged Sections
#A. 11. No use shall create or cause noise, dust, vibration, smell, smoRe, glare, or electrical
interference, or other hazard or nuisance.
44-. 12. No employees other than residents of the dwelling shall be allowed to work on-site.
(Babysitters or domestic servants are not considered employees of a home occupation.)
42. 13. Clients or customers shall not visit the home occupation between the hours of 493s0B
14n. 7.•00 a.m. and 7:00 a.m.
43. 14. If the home occupation is to be conducted from rental property, the property owner's
authorization for the proposed use shall be obtained.
15. Shipping to and from the home occupation shall be limited to no more than three l3) per
week. No delivery or commercial pick-up shall be by vehicles larger than a typical
delivery van (Fed Ex. UPS. etc.). Direct customer pick-uo is prohibited.
D. Prohibited Uses.The following uses by their operation or nature may interfere with residential
welfare and diminish the convenience intended for commercial zones, and therefore shall not
be permitted as home occupations; However, off-site work is permitted:
1. Automotive repair (body or mechanical), or detailing, upholstery or painting of
automobiles, when performed on the same site as the home occupation. A#-site werk-is
i d
2. BaFbeF GIF beaUty Sh9pj Personal services, such as beauticians and estheticians (See
Zoning Regulations Chapter 17.100):
3. Carpentry or cabinet making;
4. Welding or machining;
5. Medical offices, clinics, laboratories, except that counseling is permitted, when no more
than one client visit or group session is held at one time;
6. Appliance, radio or television repair;
7. Print shops or photograph development:digital photo production is permitted:
8. Gun or ammunition sales, including off--site work and by mail order. (Ord. 1102-1 Ex.
A(4), 1987; Ord. 1006-1 (part), 1984; Ord. 941-1 (part), 1982; prior code-9202.1 (D)
17.08.130 Live/Work and Work/Live Units
APurpose. This Section provides standards for the development of new live/work and work/live
units, and for the reuse of existing commercial and industrial structures to accommodate these
units. Live/work and work/live units are intended to be occupied by business operators who live
in the same structure that contains the commercial activity or industry. A live/work unit is
intended to function predominantly as living space with incidental accommodations for work'
I activities that are beyond the scope of a home occupation. A work/live unit is intended
to function predominantly as work space with incidental residential accommodations that meet
basic habitability requirements
L - 79
A - 5
Attachment 6
Deleted Text Proposed Text _
@.. Application requirements: ")n addition to the information and materials required for a. Use _
Permit application by these Zoning regulations, a Use Permit application for a livetwork or -
work/live unit within the CS or M zones shall include a Phase I Environmental Assessment for,
the site, including an expanded site investigation to determine whether lead based paint and
asbestos hazards exist. The purpose of this requirement is to assess whether there are any,
hazardous or toxic materials on the site that could pose a health risk to residents. If the Phase I
assessment shows potential health risks, a Phase 2 Environmental Assessment shall be
prepared and submitted to determine if remediation maybe required.
C Limitations on use. The non-residential component of a livetwork or work/live project shall be a
use allowed within the applicable zone Section 17.22.010 (Uses Allowed by Zones),subject
to the following additional limitations:
1: Prohibited uses. A live/work or work/live unit shall not be established or used in
L conjunction with any of the following activities:_
11. Adult businesses; or
2. ehicle maintenance or repair (e.g., body or mechanical work, including boats and
recreational vehicles),vehicle detailing and aainting,uptery etc.
2. Live/work'unit. A live/worms k unit shall not be established or used in conjunction with any
—of the following activities:
I. Storage of flammable liquids or hazardous materials beyond that norm
`—associated with a residential use;
2. Welding, machining, or any open flame work
3. Any use defined by Section 17.22.020 (Land Use Definitions) as "Manufacturing
Heavy'; and
Any other activity or use, as determined by the Director to not be compatible with
residential activities and/or to have the possibility of affecting the health or safety of
live/work unit residents, because of the potential for the use to create dust, glare
I
noise, noxious gasses, odor, smoke, traffic, vibration or other im acp ts, or
would be hazardous because of materials,_processes,_products, or wastes!
D. Density. Live/work and work/live units shall comply with the maximum density requirements of
the applicable zoning district, except that live/work and work/live units within the GS or M zones
shall not exceed a base density of 24 dwelling units per acre, plus density bonus, where
applicable.
E. Design standards.
1._Floor area requirements. The minimum net total floor area of a live/work or work live
space shall be 1,000 square feet. No more than 30 percent shall be reserved exclusively
for living space. All floor area other than that reserved for living space shall be reserved
and regularly used for working space?
2. Separation and access. Each livetwork or work/live unit shall be separated from other
units and other uses in the structure. Access to each unit shall be provided from
common access areas, corridors, or halls; and the access to each unit shall be c_ __learty
;separate from other live/work or work/live units or other uses within the structure.
,3. Facilities to accommodate commercial or industrial activities. A live/w rko or
work/live unit shall be designed to accommodate commercial or industrial uses as
evidenced by the provision of ventilation, interior storage, flooring, and other physical,
improvements of the type commonly jound in exclusively commercial or industrial
facilities used for the same work activity! _� � _M _.___ ____._.._ __. _ _
4ilntegration of living and working space. Areas within a live/work or work/live unit that
are designated as living space shall be an integral part of the live/work or work/live unit
and not separated (or occupied and/or rented separately) from the work space, except
that mezzanines and lofts may be used as living space subject to compliance with the
1 � k'0
A - 6
Attachment 6
Deleted ext Proposed Text
other provisions of this Section, and living and workings ace may a separates-ay
interior courtyards or similar private space!
5Mixed occupancy buildings. If a building contains mixed occupancies of live/work o
work/live units and other nonresidential uses, occupancies other than live/work o
work/live shall meet all applicable requirements for those uses, and proper occupancy,
separations shall be provided between the live/work or work/live units and other
Toccupancies, as determined by the Chief Building Official.
6. Parking. Each live/work or work/live unit shall be provided at least two off-street parking
spaces. The review authority may modify this requirement for the use of existing
structures with limited Rarking.r
FyOperating requirements.
1"ccupancy. A live/work or work/live unit shall be occupied and used only by the
operator of the business within the unit or a household of which at least one member',
shall be the business operator.
2. Sale or rental of portions of unit. No portion of a live/work.or work/live unit may be
separately rented or sold as a commercial space for any person not living in the premises
or as a residential space for any person not working in the same unit!
Notice to occupants. The owner or developer of any building containing work/live units
shall provide written notice to all occupants and users that the surrounding area may be
'subject to levels of noise; dust, fumes, or other effects associated with commercial and
industrial uses at higher levels than would be expected in residential areas. State and
Federal health regulations notwithstanding, noise and other standards shall be those
applicable to commercial or industrial properties in the applicable zone.� �
"on-resident employees. Up to two persons who do not reside in the livetwork or
work/live unit may work in the unit unless this employment is prohibited or limited by the
Administrative Use Permit. The employment of three or more persons who do not reside
in the live/work or work/live unit may be permitted subject to Use Permit approval, based
on additional findings that the employment will not adversely affect traffic and parking
conditions in the site vicinity. The employment of any persons who do not reside in the
T live/work or work/live unit shall comply with all applicable Building Code requirements.
K Client and customer visits. Client and customer visits to live/work or work/live unitsra e
permitted subject to any applicable conditions of the applicable Administrative Use Permit
or Use Permit, to ensure compatibility with adjacent commercial or industrial uses. or,,
adjacent residentially-zoned areas or usesT
0. Changes in use. After approval, a live/work or work/live unit shall not be converted to entir le y
residential use unless authorized through Administrative Use Permit approval. Administrative
Use Permit approval shall require that the Director first find that the exclusively residential use
will not impair the ability of non-residential uses on and adjacent to the site to continue operating
because of potential health or safece complaints raised bythe_exclusively,,
residential use and/or its occupants!
HH.Required findings. The approval of livetwork or work/live unit shall require that the review
authority first make all of the following findings, in addition to all findings,__reguired for
Administrative Use Permit or Use Permit approval?
1 The proposed use of each live/work or work/live unit is a bona fide commercial
industrial activity consistent with Subsection C. (Limitations on use);a
2. The establishment of livetwork or work/live units will not conflict with nor inhibit industrial
or commercial uses in the area where the project is proposed`
3. The building containing live/work or work/live units and each live/work or work/live unit
within the building has been designed to ensure that they will function predominantly as
work spaces with incidental residential accommodations meeting basic habitability;
requirements in compliance with applicable regulations; and
A - 7
Attachment 6
Deleted Proposed Text - ne�Secti s
4. Any changes proposed`-to, the exterior appearance Yof
compatible with adjacent commercial or industrial uses where all adjacent land is
zoned for commercial or industrial uses. If there is adjacent residentially-zoned
,land, the proposed changes to the building will make the commercial or industrial
building being converted more compatible with the adjacent residential area.
Chapter 17.14: Nonconforming Structures
Sections:
17.14.010 Intent
17.14.020 Regulations.
17.14.010 Intent.
A structure which lawfully existed on the effective date of applicable sections of the ordinance
codified in this division, but which does not comply with one or more of the property development
standards for the zone in which it is located, is a "nonconforming structure." This chapter is
intended to provide for the correction or removal of such structures as soon as practical, but not
unduly encumber maintenance and continued use of otherwise sound structures. (Ord. 941-1
(part), 1982: prior code 9202.4(A))
17.14.020 Regulations.
A. A non-conforming structure that is damaged to an extent of one-half or more of its
replacement cost immediately prior to such damage may be restored only if made to conform.
However, mukifarnel residences in some zones may be allowed to be restored at the original
density and size, even if the density and size do not conform to current regulations (see
Section 17.16.010E). (Ord. 1346 (1999 Series))
B. Changes to structural elements, interior partitions or other nonstructural improvements and
repairs may be made to a nonconforming buildin
. However. demolition (see Section 17.100 for
definition of demolition )and reconstruction shall be Permitted only if the structure is made to
conform.
8. C. Replacement costs shall be determined by the Chief Building Official, whose decision may
be appealed to the Council. ,
€. D. Exceptions to this chapter may be granted by the Director for historic structures designated
as such in any list or plan element adopted by the City, or for buildings that are over 50 years
old where the existing building and any proposed additions or modifications are compatible
with the surrounding neighborhood.
€. E Exceptions to this chapter may be granted to allow dditions to
nonconforming structures occupied by conforming uses, subject to a finding of consistency
with the intent of this chapter.
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Attachment 6
T,,,' m • Proposed Text - -
_.
Table 1: Maximum Residential Density For Cross-Slope Categories
Average Maximum Density Allowed(density units per net acre)
Cross-Slope
in %
R-1 R-2, O, R-3 R-4 C-R, C-D, C-S,mu-,
C-N,C-T C-C M- IJ
0-15 7 12 18 24 36 24
16-20 1 4 6 9 12 36 24
21-25 1 2 4 6 8 36 24
26+ 1 1 2 3 4 36 24
By approving an administrative use permit,the Director may grant exceptions to the reduction of
density with slope where the parcel in question is essentially s,irredaded enclosed on aft sides by
development at least as dense and within the same cross-slope categ as the proposed
development. The exception shall not authorize densitygreater than that allowed for the category
of less than 15% slope for the appropriate zone. (See also Section 17.12.020D, Nonconforming
Lots- Regulations.)
b. Determine the Net Area of the Site. "Net area" is all the area within the property lines
of the development site, excluding the following:
1. Street right-of-way dedicated and proposed to be dedicated to the City;
2. Area between the tops of banks of creeks shown on the Open Space Element
"Creeks Map";
3. Habitat occupied by species listed as "endangered" or "threatened" by the U.S.
Fish and Wildlife Service or the California Department of Fish and Game, or as
"plants of highest priority"by the California Native Plant Society;
4. Area within the drip line of"heritage trees"designated by the City.
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. (Ord. 1365
(2000 Series)(part))
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. (Ord. 1365 (2000 Series)(part))
D. Density Bonus for Low-income and.Moderate-income Housihg
Pursuant to California Government Code Section 65915, the City may negotiate a density bonus
or other benefits in exchange forprovision of housing affordable to households with ;low or,
moderate income, as defined in the Government Code, and as stipulated in Chapter 17.90 of
these regulations. (Ord. 1085 1 the.
A (part),-1.987;'Ord. 1006• 1 (part), 1984 Ord. 941 - 11
art, 1982: prior code-9202.5(B
E. Exceptions for Multifamily Dwellings Rebuilt After Involuntarily Destroyed. Multifamily
residences in R-1, R-2, R-3, R-4, O, CA C-C, C-R, C-T, C-Q, and C/OS zones, which have
been involuntarily damaged or destroyed by fire, other catastrophic event, or the public
enemy by more than 50% of their pre-damaged value, may be rebuilt at the same density
and up to the same size, under the following circumstances:
Chapter 17.16.020 Yards.
Table 5: Minimum.Other Yardstn.0/OS,PF, C-C; C-R, D C-T, C-S and M Zones
F3
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H-uacnrr,ent
Deleted Tem • Proposed Text �nchanged Sections
Table 1: Maximum Residential Density For Crosse»vVo.,W%. -
Average Maximum Density Allowed(density units per net acre)
Cross-Slope
in%
R-1 R-2, O, R-3 R-4 C-R, C-D, C-S,Mw-,
C-N, C-T C-C M4M61
0-15 7 12 18 24 36 24
16-20 1 4 6 9 12 36 24
21-25 1 2 4 6 8 36 24
26+ 1 1 2 3 4 36 24
By approving an administrative use permit, the Director may grant exceptions to the reduction of
density with slope where the parcel in question is essentially suFreunded enclosed on all sides by
development at least as dense and within the same cross-slope cateaory as the proposed
development. The exception shall not authorize density greater than that allowed for the category
of less than 15% slope for the appropriate zone. (See also Section 17.12.020D, Nonconforming
Lots- Regulations.)
b. Determine the Net Area of the Site. "Net area" is all the area within the property lines
of the development site, excluding the following:
1. Street right-of-way dedicated and proposed to be dedicated to the City;
2. Area between the tops of banks of creeks shown on the Open Space Element
"Creeks Map";
3. Habitat occupied by species. listed as "endangered" or "threatened" by the U.S.
Fish and Wildlife Service or the California Department of Fish and Game, or as
"plants of highest priority' by the California Native Plant Society;
4. Area within the drip line of"heritage trees"designated by the City.
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. (Ord. 1365
(2000 Series)(part))
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. (Ord. 1365 (2000 Series)(part))
D. Density Bonus for Low-income and Moderate-income Housing,
Pursuant to California Government Code Section 65915; the City may negotiate a density bonus
or other benefits in exchange for provision of housing affordable to households with low or
moderate income, as defined in the Government Code, and as stipulated in Chapter 1.7.90 of.
these regulations. (Ord. 1085 - 1 Ex. A (part), 1987; Ord. 1006 - 1 (part), 1984; Ord. 941 - 1j
(part), 1982: prior code-9202.5(B))
E. Exceptions for Multifamily Dwellings Rebuilt After Involuntarily Destroyed. Multifamily
residences in R-1, R-2, R-3, R-4, 0, C-N, C-C, C-R, C-T, C-D. and C/OS zones, which have
been involuntarily damaged or destroyed by fire, other catastrophic event, or the public
enemy by more than 50% of their pre-damaged value, may be rebuilt at the same density
and up to the same size, under the following circumstances:
Chapter 17.16.020 Yards.
Tables: Minimum Other Yards In C10S PF,C:C,CR,_C—Dt C-T.C-S and M Zones
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• A?tachm,ant 6
Deleted Proposed Text ` ` nchanged Sections
provided for context]
Zone Minimum Other Yard
ClOS 20 feet
PF As provided in, zone of adjacent lot*I
GC As provided in zone of adjacent lot*i
C-D As provided in zone of adjacent lot*i
C-R As provided in zone of adjacent lot!
P-T As provided in zone of adjacent lot*.
C-S See Chapter 17.46
M See Chapter 17.48
�If the zone of adjacent lot does not have its own standard, no yard is required. Lots separated bytrees
or other rights-of-way are not considered adjacent. If more than one zone is adjacent, the lamest yard
shall be re wired
3. Yards with City-required landscape plans shall be landscapedV and maintained in
accordance with approved plansF
D. What may Occupy Yards.
1. Utility Structures. Components of public utility systems may be located within street
yards when approved by the Architectural Review Commissioni
2. Fences,Walls and Hedges. Fences, walls and hedges may occupy yards to the extent
provided in Section 17.16.050. Vegetation may be controlled by the Califomia Solar
Shade Control Act.)
3. Signs. Signs in conformance with the Sign Regulations codified in Chapter 15.40 may
occupyyards to the extent provided in those regulations!
4. Architectural Features. The following and similar architectural features may extend_info a
required yard no more than 30 inches:
a. Comices, canopies, eaves, buttresses, chimneys, solar collectors, shading louvers,
reflectors, water heater enclosures, and bay_or other projecting windows that do not
include usable floors ace (Figure_1)
t
J
Figure 1
b. Fire escapes, uncovered balconies, uncovered porches, or unenclosed outside
stairways and landings may extend into the required yard not more than four feet or
_ one-half the required yard distance, whichever is less. (Figure 2)',
c. Decks, planters and similar features less than 30 inches above grade may be located
within the required yards:
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Attachment 6
T,,.' Proposed Text dnchanged Sections
provided for context
Y
-:-_
MAXIMUM&LUM FROurnOW
FOUR FEET OR ONE-HALF OF THE
/MINIMUM REQUIRED YARD
LWHR:NEVER Is asS).
Figure 2
5. - Trash Enclosures. Trash enclosures which have been approved by the Architectural
Review Commission may be located within a required yard, provided no part of the
enclosure is less than three feet from any right-of-way or adopted setback line. _
6. Unenclosed Parking Spaces in Other Yards._-Unenclosed parking spaces and parking
aisles may be located within other yards.
7. Unenclosed. Tandem Parking Spaces. For single dwellings where tandem pafkaR@ is
the-s4eet�a" required parking may be approved by the Director to be in tandem where
safe and compatible with the surrounding neighborhood. Parking in the street yard is
prohibited.
8. Enclosed Parking Spaces in Street Yard Prohibited. In no case may an enclosed parking
space from which vehicles exit directly onto the street be located less than 20 feet from
the street right-of-way or setback line. In a flag lot subdivision, this setback requirement
shall apply to the access roadway.
17.16.050 Fences,walls and hedges.
A. Fences,walls or hedges may be placed within required yards, provided:
withinMwdsh'ied Yard %
� 6
AO FENCE,WALL,OR i
HEDGE TO BE TALLER
THAN THIS UAE
i
3'
a,�T Q JP0.p
Figure 9
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Attachment �
^�'n te' a TTS Is Proposed Text -rfnc�hanons
1. The maximum height in any street yard shall be as shown in-Flgm 3 --
2. The maximum height in any other yard shall be six feet;
3. Arbors, trellises and other lightweight ornamental landscape elements are allowed within a
required yard.subject to the same height limits that apply to fences and hedges:
B. Fences or walls may be placed outside required yards, provided:
1. The maximum height is eight feet.
2. Where the wall is connected to and apart of the house, it may be any height allowed in
the underlying zone.
C. Fence height is measured from the ground level along the lower side of the wall directly at the
wall or fence.
D. G Where fences or walls are located on retaining walls, the height of the retaining wall shall be
considered as part of the overall height of the fence or wall. Walls of fences within required yams
must have a minimum spacing of five feet to be considered distinct for pumoses of measuring
overall height:
E. S. The Director may grant exceptions to these standards subject to a finding that no public
purpose would be served by strict compliance with these standards.
E. & A public notice shall be posted at the site of each proposed fence height exception. If anyone
informs the Community Development Department of a reasonable objection concerning the
proposed fence height exception within five days of the posting, the Director shall schedule a
hearing for the application as provided for administrative use permits. If no questions or
objections are received by the Community Development Department within five days after
posting, the Director may issue'a letter of approval upon submission of all required information
and without further notice or public hearing. (Ord. 1006- 1 (part), 1984;Ord. 941 - 1 (part), 1982:
prior code-9202.5(F))
Chapter 17.16.060 Parking space requirements.
A. Intent This section is intended to ensure provision of adequate off-street parking, considering
the demands likely to result from various uses, combinations of uses, and settings. It is the
City's intent,where possible,to consolidate parking and to minimize the area devoted exclusively;
to parking and drives when typical demands may be satisfied more efficiently shared facilities:
B. Shared parking reduction. Where two or more uses share common parking areas, the total
number of parking spaces required may be reduced by up to 10%, with approval of an
administrative use permit. Where shared parking is located on more than one parcel, affected
parties must record an agreement goveminthe Wshared parking,_to the_satisfaction of the
Director:
C Mixed-use parking reduction. By approving an administrative use permit, the Director may,
reduce the parking requirement for projects sharing parking by up to 20%, in addition to the
shared parking reduction, for a total maximum parking reduction of 30%, upon finding that the
times of maximum parking demand from various uses will not coincide._
D. Automobile trip reduction. By approving an administrative use permit. the Director may
reduce the parking requirement for proiects implementing non-auto travel, particularly for
commuting, when it can be demonstrated that reduction of on-site parking will be safe. and
A - 13
Attachment
Proposed Text ' Z
will not be detrimental to the surrounding area or cause a decline in qualify of life. The
applicant shall provide reasonable iustification for thereduction, including innovative proiect
design, transportation demand management (tdm), or incentives, which will reduce single-
occupant vehicle travel to and from the site. These may include, but are not limited to
programs such as carsharing, employer-paid transit passes. cashouts (i.e. trip reduction
incentive plans), or off-peak work hours.
0.E. Off-site Parking. The Director may, by approving an administrative use permit, allow some
or all of the required parking to be located on a site different from the use. Such off-site parking
shall be within a zone where the use is allowed or conditionally allowed, or within an office,
commercial or manufacturing zone. It shall be within 300 feet of the use and shall not be
separated from the use by any feature that would make pedestrian access inconvenient or
hazardous. The site on which the parking is located shall be owned, leased or otherwise
controlled by the parry controlling the use. (Ord. 1006- 1 (part), 1984; Ord. 941 - 1 (part), 1982:
Odor code-9202.5(G))
F. Bicycle and Motorcycle Spaces. Each use or development, which requires 10 or more
spaces,shall provide facilities for parking bicycles and motorcycles as follows:
1. Motorcycle Spaces. Parking for motorcycles shall be provided at the rate of one space
for each 20 car spaces. Projects that provide more motorcycle spaces than required may
reduce the required car spaces at the rate of one car space for each five motorcycle
spaces, up to a 10% reduction.
2. Bicycle Spaces. Parking for bicycles shall be provided in accordance with Table 6.5. All
bicycle spaces shall be located at the ground floor level. Additional City standards and
ouidelines. for bicycle parking can be found in the City's Engineering Standards,
Community Design Guidelines. and Bicycle Transportation Plan. Projects which provide
more bicycle and/or motorcycle spaces than required may reduce the required car
spaces at the rate of one car space for each five bicycle spaces, up to a 10% reduction.
All bicycle parking that exceeds the required number of spaces shall be apportioned
between short-term and long-term bicycle spaces as stipulated by Table 6.5
F.G. Requirements by Type of Use. Except as otherwise provided in these regulations,for every
structure erected or enlarged and for any land or structure devoted to a new use requiring more
spaces according to the schedule set out in this subsection, the indicated minimum number of
off-street parking spaces located on the site of the use shall be provided.
The right to occupy and use any premises shall be contingent on preserving the required parking
and maintaining its availability to the intended users. including residents. staff. and/or customers.
In no case may required parking "spaces for use be rented or leased to off-site uses or used for
other purposes.
Parking, in addition to these requirements, may be required as a condition of use permit approval.
G.H. Uses Not.Listed.
The Director shall determine the parking requirement for uses which are not listed. His/her
determination shall be based on similarity to listed uses, and may be appealed to the Planning
Commission.
14. I. Parking calculations.
1. The parking requirement is based on the gross floor area of the entire use, unless stated
otherwise.
'0 O
A - 14
Attachmant 6
Proposed Text
2. When the calculation of required parking results in a fractional number, it snali be
rounded to the next highest whole number if the fraction is one-half or more; otherwise it
shall be rounded down to the next lowest whole number.
3. Where there has been a reduction in required parking, all resulting. spaces must be
available for common use and not exclusively assigned to any individual use.
J.J. Tandem parking.
For residential uses, when parking spaces are identified for the exclusive use of occupants of a
designated dwelling, required spaces may be arranged in tandem (that is, one space behind the
other) subject to approval of the Community Development Director. Provision of reouired parkin
for a particular use in the street yard is prohibited.
TABLE 6-PARKING REQUIRMENTS BY USE
Recommended changes to the table of required parking by use are as follows:
1. Delete phrase "All others: one space per 300 square feet gross floor area" from the
category Medical service — Clinic, laboratory, urgent care and Medical service — Doctor
office.
TABLE 6.5 BICYCLE PARKING SPACE REQUIREMENTS
Zone Number of bicycle spaces Minimum% Minimum
as a percentage of required short-term°bicycle long-term Cd
auto spaces' spaces bicycle spaces
R-2, R-3, R-4 5% 100% d
C-C, C-R, C-N, 15% 50% 40%
C-D
O 15% 10% 80%
C-T 5% 10% 80%
C-S, M 15% 10% 80%
PF
(schools,junior 1 space
high to college) per 3 students
Park i£ ride lots 10% -- 100%
a Requirements apply to uses that require 10 or more vehicle parking spaces. When
less that 1h space is calculated, one space is required.
b "Short-Term" bicycle parking is used by visitors to multi-family housing and by
patrons of commercial and institutional uses. Bicycle racks are used to satisfy this
need.
c "Long-Term"bicycle parking is used by employees of commercial and institutional
uses and by residents. Fully enclosed lockers are used to satisfy this need.
Lockable rooms reserved for bicycle storage and secured parking areas managed by �q
A -. 15
® Attachmant.
TL,'vcteted ex+ Proposed Text
attendants are other acceptable forms. Bicycles shall be parked vertically or
horizontally with at least the rear fire resting at floor level.
d In addition to short- and longterm parking reguired for commercial uses, residential
uses in all zones shall provide bicycle lockers or interior space within each dwelling
or accessory structure (e.g. garages) should beFesewed for the storage of at least
two bicycles per unit.
Chapter 17.16.120 Wireless telecommunications facilities.
A. Pu pose
To establish standards for the development, siting and installation of wireless
telecommunications facilities; to protect and promote public health, safety, and welfare; and
to preserve view corridors and avoiding adverse visual and environmental impacts. These
standards are not intended to be all-inclusive. Projects may be subject to additional standards
deemed appropriate through architectural review and use oermit processing to address site;
specific conditionsr--�
B. Definiti no s
1�Wireless telecommunications facilities consist of commercial wireless communications
systems, including but not limited to:cellular, PCD, paging, broadband, data transfer, and any
other type of technology that fosters wireless communication through the use of portable
electronic devices.A facility includes all supporting structures and associated equipment--
2. Co-location is the practice of two or more wireless telecommunication service providers
sharing one a sup)ort structure or building for the location of their antennas and equipment!
3. Stealthing means improvements*or treatments added to a wireless telecommunications facil y
which mask or blend the proposed facility into the existing structure or visual backdrop in
such a manner as to render it effectively unnoticeable to the casual observers ---
C. Exempt fachl e�s
The following wireless telecommunication facilities are exempt from the r uirehis
section:
ii. Government-owned communications facilities used primo to protect public healthl
welfare, and safety:
2. Facilities operated by providers of emergency medical services, including hospital
ambulance, and medical air transportation services, for use in the provision of those
services.F
3. Any facility_pecrfically exemptedunder federal or state law.
D. Planning applications and approvals required.
1. Installation of a new wireless telecommunication or modification of an existing installation
shall require administrative use permit approval and architectural review.
2. The co-location of a new wireless telecommunication with an existing approved
installation shall only reguire architectural review.
A - 16
n Attachrrant
De'wcleted Text • Proposed Text '
3. The applicant shall submit application materials and fees as required by the Community
Development Department.
E. Building:permit required]
Wireless communications facilities shall not be constructed, installed or modified nornor op tt
obtainin a Cibuilding_per__
F. Site development and performance standards.
i�Setbacksi All facility towers and accessory structures shall comps with the setback
`requirements of the applicable zoning district!
2. Height. The height of any antenna or support equipment shall be determined as part of,
the use permit on a case by case basis. All facilities shall be designed to the minimum
necessary functional height.
3. Site Access. Telecommunication facilities should use existing roads and parking
whenever possible. New and existing access roads and parking shall be improved and
surfaced where necessary to the satisfaction of the Community Development Director.F
,_Aesthetics and Visibility. Facilities shall be creatively designed to minimize the visual
impact to the greatest extent possible by means of placement, screening and
camouflage. The applicant shall use the smallest and least visible antennas possible to
Accomplish the coverage objectives. Each installation shall be designed to blend into its
surroundings so that the antenna(s) and equipment are not apparent to the casual
'observer!-
a. mounted facilities shall appear as an integral part of the structure
Equipment and antennas shall be compatible and in scale with existing
Architectural elements, building materials and site characteristics. Wall mounted
antennas shall be integrated architecturally with the style and character of the
structure. If possible, antennas and equipment shall be located entirely within an
existing or newly created architectural feature so as to be effect__iv_ely
unnoticeable
b. Ground mounted support equipment shall be undergrounded or otherwise
screened from view so as to be effectively unnoticeable jF
E. All connections and conduits .between the base of the antenna(s) and support
equipment shall be undergrounded. Connections and conduit above ground shall
be fully enclosed to the satisfaction of the Community Development Director?
Electrical and telephone service to the su ort equipment shall be
undergrounded
d Ground antennas, poles, structures, equipment, or other parts of—a
telecommunications facility, which would extend above a ridgeline so as to.
I against the sky shall be discouraged. Where allowed, they shall be
designed to be indistinguishable,from the natural surroundings:
S�Lighting. All telecommunication facilities, not otherwise required to have lighting
pursuant to Federal Aviation Administration rules, shall be unlit, except when authorized
personnel are actually_present at night and except for exempt facilities:
A - 17
Attachment 6
T,.,'.�p Proposed Text J
6. Historic Buildings. Any wireless facility located on or adjacent to a historic building or
site shall be designed to ensure consistency with the Secretary of Interior standards for
remodeling and rehabilitation)
7, Equipment Upgrades. It shall be the responsibility of the owner/operator of a
telecommunications facility to provide the City with a notice of intent to modify site
equipment in any way. At the time of modification, co-location, or upgrade of facilities;
existing equipment shall be replaced with equipment of equal or greater technical
capacity and modified to reduce aesthetic impacts by reducing the size of the facility or
introducing camouflaging techniques to the satisfaction of the Community Development
Director. Unused or obsolete equipment or towers shall be removed from the site within
00 days after their use has ceased?
S.�Number of facilities per site. The City shall retain the authority to limit the number of
antennas with related equipment and providers to be located at any site and adjacent
`sites in order to prevent negative visual impacts associated with multiple facilities!
9. Noise. Each facility shall be operated in a manner that minimizesany possible disruption
caused by noise to people working and living in the vicinity. At no time shall equipment
I from any source exceed an exterior noise level of 55 dB at the property line or
within 20 feet of such equipment, whichever is less. This requirement may be modified at
the discretion of the Community Development Director where typical ambient noise levels
I xceed 55 dB. Outdoor noise producing construction activities shall take place only on
I
eekdays between the hours of 8:00 am and 5:00 pm unless a different schedule is
approved as part of the use permit=
110. Backup Generators. Any facility utiliiing temporary backup generators shall be required
to meet or exceed Air Pollution Control District Standards. All generators shall be fitted
with approved air pollution control devices. Projects that propose to include backup
generators shall require review and approval from the Air Pollution Control district=
Project plans shall indicate location, size, horsepower, and type of fuel used for any
Proposed generator. Generators shall only be operated during power outages and for
testing and maintenance purposes. Testing and maintenance shall. only_take_place on
weekdays between the hours of 8:00 am and 5:00 pm
1, 1. Biological Impacts. Wireless telecommunication facility shall minimize impacts to
biological resources to the greatest extent feasible
12. Radio Interference. Interference with municipal radio communication is prohibited. Any
telecommunication facility that the City has reason to believe is interfering with municipal
radio communication shall cease operation immediately upon notice from the City, and
shall be subject to use permit review and possible revocation.Testing shall be done prior
to any permanent installation and frequencies shallbe monitored at regular intervals after,
installation established by the use permit,at the expense of the facility owner/operator.
1t 3• Airport Operations. Wireless communications facilities shall not be sited in locations
where they will interfere with the operation of the San Luis Obispo Airport. Wireless
towers and related facilities within the Airport Planning Area shall be referred to the
Airport Manager or the Airport Land,Use Commission for a determination of consistency
With airport area standards
14 Radio Frequencies and Electromagnq!q Exposure:
i--Wireless telecommunications facilities operating alone or in conjunction with to her
telecommunications facilities shall not produce radio frequency radiation in excess
of the standards for permissible human exposure as adopted by the Federal
L - 9_
A - 18
-� A*tachment
Deletedem Proposed Text unchanged Sections
Communications Commission (FCC). Applications for
frequency radiation (RFR) report that measures the predicted levels of RF radiation
emitted by the proposed facility. The radio frequency radiation.report shall compare
proposed project levels to levels allowed by the FCC and shall show output of the
proposed facili in combination with other facilities located or proposed in the
_vicinity.
b.he City may require one or mote post-construction RFR reports as a condition of
project approval, to verify that the actual levels of RFR emitted by the approved
facilities, operating alone or in combination with other approved facilities
substantially conform to the pre-approval RFR report and do not exceed' current
'standards for permissible human exposure to RFR as adoptted_by the.FCCJ` �
15. Signs. Explanatory warning signs shall be posted at all access points to cellular
telecommunication facilities in compliance with the National Standards Institute (ANSI
C95.2 color, symbol, and content conventions.
I"uisance. Facility generators, mechanical equipment, construction, testing and
maintenance shall be operated or performed in such a manner that no nuisance resultsi,
At the discretion of the Director, upon receipt of written complaints, the use permit
allowing a telecommunications facility may be scheduled for public review. At the hearing,
conditions of approval may be added, deleted. or modified, or the use permit may be
I !--
ii7: Interference with Public Services and Facilities. Telecommunication facilities within
public parks shall not interfere with park operations or limit public use of park facilitiesf
Installations in conjunction with other public facilitiesshall be held to a similar standards
18 City Inspection. The City shall have the right to access facilities after written or verbal
notice.
G. Abandonment.'
�It shall be the responsibility of the owner/operator of a telecommunications facilityto pro
the City with a notice of intent to vacate the site a minimum of thirty(30)days prior to ceasing
operation. Any wireless telecommunication facility that is not operated fora continuous period
of ninety (90) days shall be removed within ninete(90) da of the date u on which the
operation ceased:
H. Revocation of a Permit.
Wireless telecommunication service providers shall fully comply with all conditions related to any
permit or approval granted under this section. Failure to comply with any condition shall constitute
,grounds for revocation. If a condition is not remedied within a reasonable period, the Community
Development Director may schedule a public hearing before the Hearino
Officerto consider revocation of the permit. (Ord. 1409—2001 Series)
Chapter 17.20: RESIDENTIAL OCCUPANCY STANDARDS
TABLE 8: MAXIMUM POPULATION DENSITY FOR EACH ZONE
Maximum Population Density
Zone (persons per net acre)
R-1 21
A - 19
Attachment 6
Deleted Text •
Proposed Text ofichanged Sections
� rovided for context
R-2, O, C-N, C-T 25
R-3 40
R-4, C-R, C-C, C_D 55
(Ord.941 -1(part), 1982:prior code-9202.7(B))
Chapter 17.21: SECONDARY DWELLING UNITS
Sections:
17.21.010 Purpose.
17.21.020 Definitions.
17.21.030General requirements.
17.21.040 Performance standards.
17.21.050 Procedure requirements.
17.21.060 Periodic review - Violations.
17.21.010 Purpose.
A. This chapter is intended to implement Government Code Section 65852(.150) and (.2), which
allows the city to perform administrative architectural review and apply sPecffic development
standards to secondary dwelling units in residential zones!
B. The city intends to regulate secondary dwelling units as permitted by Section 658522(a) of the
,State Government Code,and other applicable sections.-
C. The city recognizes opportunities to implement certain policies and programs of the city housing
element of the general plan by providing for and regulating secondary dwelling units!
D.-"IImplementation of this chapter is meant to expand housing opportunities for low-income-and
moderate-income or elderly households by increasing the number of rental units available within
existing neighborhoods. Secondary dwelling units are intended to provide livable housing at
lower cost while roviding greater security,c�anionship and family support for the occupants
117.21.020 Definitions:'
For the purpose of this chapter, the following words and phrases have the meanings give
Them in this section:
A. "Administrative use permit"is defined as defined by Chapter 17.58 of this code.
B. "Director" means the director of the community development department or his
designate.,
C`Nonconforming lot"is defined as defined by Chapter 17.12 of this code
D. "Nonconforming use"is defined as defined by Chapter 17.10 of this code
E. "Primary unit" means an existing single-family residential stmcture that conforms
with all zoning regulations in effect,including this chapter.-- . _
F. ,"Secondary dwelling unit" means an attached or detached dwelling unit which
provides complete independent living facilities for one or more persons and
complies with all provisions of this chapter. It shall include permanent provisions for'
living, sleeping, eating cooking and sanitation on the same parcel as the primary
I is sitedi
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Attachrr,ant (o
il..', *+ � Proposed actirkm%
GG. Studio means a one-room dwelling unit with not more th RN Ys-r=rn-
floor area as defined in Section 17:100 F
17.21.030 General requirements.
A. Application. Where this chapter does not contain a particular a of standard or procedure.,
conventional zoning standards and procedures shall appy
B. Areas Where Secondary Dwelling Units Are Allowed. Upon meeting the requirements of this
section, secondary dwelling units may be established in the following zones:R-1, R-2, R-3, arad
R-4. and O. when the Primary use on the site is a single-family dwelling..
C. Areas Prohibited. Secondary dwelling units shall not be established in any condominium or
planned development project unless specifically addressed in the planned development
ordinance as adopted or amended,or any mobile home subdivision, or trailer park; and under no
circumstances shall a secondary dwelling unit be allowed,where in the opinion of the director,a
I esource deficiency exists as defined by Chapter 2.44 of this code. Secondary dwelling units
'shall not be allowed on non-conforming lots.
_Owner Occupancy. Either the primary unit or secondary_dwelling unit must be owner-occupied
as an owner's primary residence!
E6 No Subdivision of Property. No subdivision of property shall be allowed wherea secondary
dwelling unit has been established unless the subdivision meets all requirements of Zoning and
subdivision regulations. Nothing in this section shallprohibitJoint ownership of the property
where a secondary dwelling unit has been established
F. Sale of Property.This section shall also apply to new owners of property where a secondary,
dwelling unit has been established if the property is sold. All conditions of the use permitI
restrictive covenants and other contractual agreements with the citv shall apply to the property
and new owners:
d. Unit Type Allowed.A secondarydwelling unit may be attached, detached or located within the
living area of the primary unit on the lot.,
H. Size of Secondary Dwelling Unit The gross floor area of the secondary dwelling unit shall not
exceed four hundred fifty square feet and shall meet the definition of a studio apartment as
tlefined by Section 17.04.430. The planning commission may authorize exception to this
standard by use permit upon findin tg_hat
1 The pu_pr ose ofthis chapter is served"
2 Strict compliance with the size limitation would (a) require significant structural
modifications that would not be required otherwise: or(b) adversely affect an historic or
architecturally sigq'r icant building.,
I. Secondary dwelling units are limited to 1 unit perqualf}n_ngp or
117.21.040 Performance standards
A. Design Standards. Secondary dwelling units shall conform to all applicable Zoning regulations
such as height, yards, parking, building coverage, etc. exce for densitv requirements as
defined by Zoning Regulations;
1 Secondary dwelling units shall conform to all applicable building and construction codes!
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Attachment
Deleted Text • Proposed Text � chanced Sections
2. Nothing in this section prohibits applicants from requesting ex
the strict interpretation of Zoning Regulations to the extent allowed by said regulations for,
any other use.
3. Secondary dwelling units shall be designed as to provide separate living condRions and
provide a safe and convenient environment for the occupants.
4.Secondary dwelling units shall also be architecturally and functionally compatible with the
primary unit. (Ord. 1004- 1 (part), 1984; prior code:-9930) The new structure shall
incorporate the traditional architectural characteristics of existing houses in the r—
neighborhood, including window and door spacing,_exterior materials, and root pitch and
5. The height of second units should be consistent with surrounding residential structures.
Unless adequate setbacks justify otherwise, secondary dwelling units that result in,two-;
story construction shall be setback from the first floor to allow for solar access and
`reduced overlook
6. Site planning: Secondary dwelling units should be located behind or above the existing
dwelling on the site. Designs that significantly after the street appearance of the existing.
residence shall be discouraged. The presence or design of the secondary,dwelling unit
per se, will not justify q!Antinq development excevtionsl
7. Private Open Space: A minimum of 250 square feet of private open space must be'
provided for secondary dwelling units exclusive of a minimum of 250 square feet to,be
provided for the primary residence on the property. Private open space provided at
I round level must have a minimum dimension in every direction of at least 10 feet or 6
feet for spaces above ground level on an elevated deck or balcony
8 Significant alterations to landform (grading in excess of 300 cubic yards)or removal of
native trees or significant landscape trees shall be discouraged for the placernent.of a
secondary dwelling a-nits
9. A landscape plan shall be required for new secondary dwelling units. A mi
wnimum 5-foot
wide landscape planter with screening shrubs shall separate parking areas from adjacent
I
roperties. Landscape shrubs and trees shall be required for areas between sewn, dark
Unit and adjacent properties:! m
il0. Parking. Secondary dwelling units that are 450 s uq are„feet or smaller shall:, require 1
as rking space, regardless of zoning district=
11. Alterations to designated historic properties or structures to allow new construction of a
secondary dwelling unit shall be reviewed by the Cultural Heritage Committee for
consistency with the Secretary of Interior Standards for treatment of a historic grope
17.21.050 Procedure requirements.
Prior to filing building plans with the City Building Division,the following shall be met:
A. Architectural Review Required. All requests shall
be reviewed for
consistency with the City's Community Design Guidelines and architectural.review ordinance.
The director shall determine, upon receiving complete application, whether the project-8
R shall be forwarded to the Architectural Review Commission for review. All new
development projects within Historic Districts or within properties that contain designated
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Attachment
Tl..'.vczci2a icrtc � Proposed Text
historic structures shall be referred to the Cultural Heritage Committee to be reviewed for
consistency with Secretary of Interior Standards for treatment of a historic property.
B. Application ,Contents. All proposed secondary dwelling unit requests shall be by formal
application for a secondary dwelling unit. No additional application fees
for architectural review shall be required.
C. Additional Requirements.
1. Owners Agreement with the City. The owner shall enter into an agreement with the city,
on a form approved by the city attorney and community development director, agreeing
that the property will be owner-occupied. Upon approval of aFGWeGtuFaI review and a
building permit, this agreement shall be recorded in the office of the county recorder to
provide constructive notice to all future owners of the property of the use and owner
occupancy restrictions affecting the property. If owner occupancy is not possible, then the
use will terminate, and the structure will be returned to its original condition to the
satisfaction of the director.
2. Property owners receiving approvals for secondary dwelling units and establishing the use
pursuant to this section shall also agree to reimburse the city for costs of all necessary
enforcement actions.
D. Appeal. Appeal procedures for this section shall be as provided by chapter.2.48.08Q
A eals-Architectural Review)�
11 127 60 Violat ons S
Violation of any of the provisions shall be basic code enforcement cta ion
Chapter 17.22: USE REGULATION
Section :
17.22.010 Uses allowed by zones.
17.22.010 Uses allowed by zones.
A. Status of Uses. Uses within zones shall be as provided in Table 9, subject to parts B through
Q I below. In Table 9, symbols have these meanings:
A The use is allowed;
B If the director approves an administrative use permit as provided in Sections 17.58.020
through 17.58.080, the use may be established;
PC If the planning commission approves a use permit as provided in Sections 17.58.020
through 17.58.080, the use may be established;
A/D The use is allowed above the ground floor. If the director approves an administrative
use permit, it may be established on the ground floor.
Special notes affecting the status of uses, indicated by number in Table 9, may be found at
the end of the table.
B. 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
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Alachment
r,�'�.a�T Proposed Text
use permit approval in a certain zone. The interpretation procedure shall not be use as a
substitute for the amendmentrocedure as a means of.addin ng_.ew types of uses to a zone.-
C. Principal and Accessory Uses. Listed uses are principal uses. Accessory uses are allowed
with principal uses.
D. Production and Sales. Where manufacturing is allowed, incidental sale of items made on
the premises is allowed. When sale of a particular type of dem is allowed, craftsman-type
production of such an item for sale on the premises is allowed!
E. Public School Uses. See Section 17.36.030 conceminq uses which may be established
within public schools T-- -�
F. Prohibition of Drive-through Facilities. Drive-through facilities are not allowed in any zone.
G. Prohibition of Vacation Rentals. Vacation rentals are not allowed in any zone.
H. SpecMd Plan Consistency. Some.land subject to City zoning is also subject to one of
several Specific Plans, which are intended-to provide additional direction for the development
of those areas. Land within Specific Plans, designated by the SP zoning, may besubiect_to
further restrictions. The list of uses and permit requirements in the Specific Plan shall prevail.
G L Airport Land Use Plan Consistency. Some land subject to City zoning is also subject to the
Airport Land Use Plan, which is adopted and amended from time to time by the San Luis Obispo
County Airport Land Use Commission. The Airport Land Use Plan establishes additional limitations
on uses, which do not apply to City-adopted zones outside the area subject to the Airport Land Use
Plan.Table 9 is to be applied consistently with the Airport Land Use Plan on land subject to that plan.
1. -Prohibited Uses. The following are examples of prohibited uses. The uses and requirements
of the Airport Land Use Plan shall prevail. No use shall be established which:
a. Entails installation,construction, or enlargement of a structure that would constitute an
obstruction to air navigation, as defined in the Airport Land Use Plan,except as may be
approved by the Airport Land Use Commission and the Federal Aviation Administration;
b. Entails a risk of physical injury to operators or occupants of aircraft(such as outdoor laser
light shows);
c. Causes smoke or vapors, lighting, illumination,or reflective glare,or an electromagnetic
disturbance that would interfere with aircraft navigation or communication;
d. Attracts 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).
e. Is not allowed by the
Airport Safety Areas and associated safety policies, subject to modified provisions for the
Maroarita Specific Plan Area.
f. Is not allowed by the Airport Land Use Plan Noise Policies.AipeR-Safety- r
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Attachment,(
Deleted ext Proposed TextappFevable
g. 16 not allbWed by the AiFpeFt Safety AFearandasseniated
"
by the AiFpeFt Land Use Plan is R-hg;.A.;R as- —allewed by Table 9, that use shall be
making its deteFminafien
a "
ease the use peRnit shall be denied.
3. Uses net listed iR.the AiFpe-Ft I_and_ I_IF_;e -Plan. Fe-F Tab!e- -9 but net an the AiFpeFt
P*m0I;;F ;;Rd the raA,Amnt n*;#,,r nj the wre The diFeGtGF May GARS-114 With the iFp9FI; Land Use
Commission in F;;ak;Rg GUGh
4. 2. Notwithstanding section 17.22.010G.1 above, the provisions of this section are not
intended to supercede the provisions of Article 3.5 of the Public Utilities Code commencing
with section 21670.
3. Avication easements will be recorded for all properties involved in the proposed development
4. All owners, potential purchasers. occupants (whether as owners or renters), and potential
occupants (whether as owners or renters) will receive full and accurate disclosure concerning
the noise, safety, or overflight impacts associated with airport operations prior to entering any
contractual obligation to purchase, lease, rent, or otherwise occupy any property or properties
within the aimort area.
Table 9
Recommended changes to the table of uses allowed by zone are as follows:
1. Indoor recreation, more than 3,000 square feet, allowed in C-S with Director's Use Permit (D);
See Note 12
2. New cell sites allowed with Directors Use Permit(D) rather than PC Use Permit
3. "Media Production - Backlots/outdoor facilities and soundstages" is a new separate use that is
allowed in C-S, M, and BP with Director's Use Permit (D)
4. The category"Broadcast studio"shall be replaced with "Media Production—Broadcast studio;
with no change in permit requirements.
5. The category"Vacation Rentals" is a use category which is prohibited in all zones
6. Veterinary clinic/hospital, boarding, small animal, indoor, allowed in C-N with Director's Use
Permit (D)
7. Delete all types of residential care facilities from the AG zone
8. Single-family residence allowed in Office zone, rather than requiring a Director's Use Permit
(D)
Notes to Table 9:
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Almchmant 6
Proposed Text
1. O zone - All uses. A Use Permit is required for
of the conversion of residential structures to non-residential uses. In order to approve a Use
Permit, the SemmissieR Director shall first find that:
a. The location, orientation, height, and mass of new structures will not significantly affect
privacy in nearby residential areas; and
b. The project location or access arrangements will not significantly direct traffic to local
streets in nearby residential areas; and
c. The project includes landscaping and yards that adequately separate parking and
pedestrian circulation areas from sites in nearby residential areas.
2. R-1 zone-Multiple dwellings. Except for condominiums,the construction of more than one
'dwelling on a parcel in the R-1 zone re uires Administrative Use Permit a proval. R-1 density
I apply_.
3 C-N zone-Limitations on floor area.A general retail use in the C-N zone shall not exceed
a gross floor area of 2,000 square feet for each establishment,or a combined floor area of all
general retail establishments within a shopping center of 25 percent of the total floor area in a
`shopping center with a gross floor area.-of 15,000 square feet or more;and shall not exceed-
50
xceed50 percent of the total floor area in a shopping center with a gross floor area of less tha_n,�
(15,000 square feet. The Administrative Use Permit may provide for exceptions to the floor
area limitations above. For general retail uses with a floor area greater than 2,000 square
feet on a parcel not located within a shopping center, an Administrative Use Permit shall be
required to insure consistency with policies of the General Plan Land Use Element and
compatibility with surrounding uses.!
4. C-S and M zones-Required findings-for offices.The approval of an office facility in the C-,
S or M zone shall require that the review authority first find that:
a The project will be compatible with existing and allowed land uses in the area;
b.. The project location or access arrangements will not significantly direct traffic to use.loom
�or collector streets in residential zones;
c=-The project will provide adequate mitigation to address potential impacts related to noiste,
light and glare, and loss of privacy, among others, imposed by commercial activities on
nearby residential_areas, byusing methods such as setbacks landscaping, berming and
fencing;
d.—The project will not preclude industrial or service commercial uses in areas especially
suited for these uses when compared with offices; and
e The project will not create a shortage of C-S-or M-zoned land available for service
commercial or industrial development:
5. C-R zone= Auto sound system _installation. Auto sound installation services may be
approved only as an accessory use to the retail sales of auto sound.systems on the same
site. Use Permit review shall consider parking space displacement, noise from the.operationl
and the appearance and visibility of the installation area:
6. Parking as a principal use. Use Permit approval may include deviations to otherwise,
applicable setback requirements and building height limits. A multi-level parking facif shall
'require the approval of a Use Permit by the Planning Commission a
7. Religious facilities:
a. C-S zone requirements. Use Permit review shall consider that the C-S zone is primadry
v 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 ap roved
t
A - 26
_ Attachment (p
T'"'vc�cicaisxi in Proposed Text
only when the religious.facility 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,F
b C-T and M zone requirements.A religious facility use maybe allowed only inside an
existing building!
B. PF zone-Theaters.Only non-profit theaters areg peT—Iirm ett deft d
9 Day care centers. 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_ aP rking standards i ��
44. 10.Groceries, Liquor, Specialty Foods in the CN Zone. In the C-N zone, grocery,
liquor and specialty food stores under 3,000 square feet are allowed. Such uses with a gross
floor area between 3,000 and 5,000 square feet are allowed with the approval of an
Administrative Use Permit. Stores between 5,000 and 10,000 square feet may be approved
by Planning Commission Use Permit. In order for a use permit to be approved by the Hearing
Officer or by the Planning Commission, the deciding body must find that the proposed use is
compatible with surrounding uses and the surrounding neighborhood, and that the use is
consistent with the purpose and intent of the Neighborhood Commercial designation as
discussed in the General Plan.
42. 11. In order to approve a Medical Service in the C-S or BP zones, the Hearing Officer must
make the following findings:
44 a.The proposed medical service is compatible with surrounding land uses.
24 b. The proposed medical service is located along a street designated as an arterial or
commercial collector in the Circulation Element and has convenient access to public
transportation.
3} c. The proposed medical service will not significantly increase traffic or create parking
impacts in residential neighborhoods.
4) d.The proposed medical service is consistent with the Airport Land Use Plan.
6e. The project will not preclude service commercial uses in areas especially suited for
these uses when compared with medical services.
L The project site can accommodate the parking requirements of the proposed medical
service and will not result in other lease spaces being under-utilized because of a lack of
available parking.
12. C-S zone-Required findirmas for Indoor Commercial Recreational Facilities. Commercial
indoor recreational uses in the C-S zone shall not include less than 10.000 square.feet gross
floor area per establishment. The approval of an indoor commercial recreational facility in the
C-S zone shall require that the review authority first find that:
a. The or000sed use will serve the community, in whole or in significant part, and the nature
of the use requires a larger size in order to function:
b. The proiect will be compatible-with existing and allowed land uses in the area:
b. The proiect location or access arrangements will not significantly direct traffic to use local
or collector streets in residential zones:
d. Theproiect will not preclude industrial or service.commercial uses inareasespecially
suited for these uses when compared with recreational facilities:and
e. The project will not create a shortage of C-S-zoned land available for service commercial
development.
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Auacnmenu (o
Deleted Tem • Proposed Text
Sections 17.24 through 17.48 would be amended to include fo"imenston — —
standards, as illustrated in the following example:
17.24.026 Property development standards.
The property development standards for the R-2.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: 35 feet (see also Sections 17.16.020 and 17.16.040).
D. Maximum coverage: 50% (see also Section 17.16.030).
E. Standard Lot Dimensions:
Minimum lot area-5.000 square feet.
Minimum lot depth-80 feet.
Minimum lot width-50 feet.
FE- Parking requirements: See Section 17.16.060. (Ord. 941 - 1 (part), 1982: prior code-
9203.2(B))
Chapter 17.36.030 Public school tenant.uses
A. Purpose, Scope and duration. In order to allow more complete use of space made available
�by declining enrollment, certain commercial activities may be established in the public'
schools in addition to the uses listed in Table 9 (Section 17.22.010) of these regulations I
Notwithstanding any other provisions of these regulations to the contrary and in conformance
with the general plan, the following provisions shall apply to such uses. The Director may act
to extend all temporary_�erm ts., regardless of the type of petmit,
B. Uses Allowed by Public School Tenant Permit. The Director approves public school tenant
permits subject to the standards in subsection F of this section. The Director may establish
conditions to further the intent of this section. A public notice shall be posted at the site of
each proposed school tenant use. If anyone informs the Community Development
Department of a question or objection concerning the proposed school use that cannot be
resolved by staff to the satisfaction of the complainant, within five days of the posting, the
Director shall schedule a hearing for the application as provided for administrative use
permits. If no questions or objections are received by the Community Development
Department that cannot be resolved, the Director may issue the permit upon submission of all
required information and without further notice or public hearing. The following uses may be
established by school tenant permits within public schools in the PF zone:
1. Public and private educational programs different from those normally conducted at the
school, such as full-time, adult programs at an elementary school, or professional
vocational or recreational classes:
;
3. 2. Storage of furnishings and records;
4. 3. Telephone answering or paging service;
5. 4. Stenographic, court reporting, typing, graphic design, editing and translating services;
6. 5. Child day care.
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-- --A_ttachrr_a_nt
CProposed Text
C. Uses Allowed with Administrative Approval. If the Director approves an administrative use -
permit, as provided in Sections 17.58.020 through 17.58.080, subject to the standards in
subsection F of this section, the following uses may be established within public schools in
the PF zone:
1. Fimpleyee eFgaRizatieR effines; Office-Business and service:
2. Government agency administrative offices with infrequent visitation;
3. Social service organizations;
4. PhetegFaphy studie eF RF1 st,Win Studio—Art dance, martial arts, music, etc.:
5. Office for equipment sales or repair, excluding on-site sales or vehicle repair,
6. Clothing repair or alteration and repair of small appliances, watches, musical instruments
and similar items.
7. Processing offices:
8. Maintenance service, client site services:
D. Uses Allowed with Planning Commission Approval. If the Planning Commission approves
a use permit, as provided in Section 17.58.080, subject to the standards in subsection F of
this section,the following uses may be established within public schools in the PF zone:
;
1. Business support
services:
2. tibram museum
E. Other Uses Allowed. Other uses may be allowed, or allowed with administrative or Planning
Commission approval.The Community Development Director must determine that the use is
similar in character and impacts on its surroundings to one of those listed in subsections BC
for D of this sectionj
F. Standards. The following standards shall be conditions of approval for all types of permits.
Whether these standards can reasonable be met shall be considered when deciding if a use
permit should be approved for a specific use in a specific location:
1: Parking as required by Section 17.16.060 shall be provided;
2. There will be adequate space for the function itself and supporting activities such as
parking, in addition to all other activities previously established at the school;
3. The use will not require structural changes to the school building, inconsistent with future
school use of the building, unless there is written guarantee the building will be restored
for school use upon termination of the lease or permit;
4. There will be minimal customer, client or delivery traffic;
5. Clients or customers shall not visit the leased space between 11:00 p.m. and 7:00 a.m.;
6. There will be minimal employee activity at night and on weekends;
7. Activities shall be conducted entirely within the school building or on established playing
fields and shall not alter the appearance of the building or the playing fields, except as
provided in standard 3 of this subsection;
B. No vehicle larger than a three-quarter-ton truck may be used by the tenant at the lease
site;
9. -Activities conducted and materials or equipment used shall not change the fire-safety or
occupancy classifications of the premises until a building Permit has been issued and the
143
A - 29
Deleted Text � Proposed
necessary improvements installed
10. No use shall cause noise, dust, vibration, offensive smell, smoke, glare or electrical
interference, or other hazard or nuisance;
11. All uses must meet Fire Department standards for access, hydrant locations, and fire flow
prior to occupancy, (Ord. 1016 – 1 (part), 1984; Ord. 941 1 (part), 1982: prior code –
9203.7(C))
Chapter 17.42 Downtown-Commercial (C-D) Zone
Sections:
17.42.010 Purpose and application?
17.42.020 Property development standards:
117.42.010 Purpose and applicat of n
The C-D is intended to provide for a wide range of retail sales, service, and entertainment uses
meeting community-wide and regional market demands. The C-D zone is intended to be applied
within the City's pedestrian-oriented central business district, while the historical pattern of
development creates limitations on building form and the ability for individual businesses to
provide on-site parking. Ground floor, street-fronting uses are intended to be generally limited to
those that attract frequent pedestrian traffic. The C-D zone is consistent with and implements the
General Retail land use category of the General Plan!
17.42.020 Property development standards:
The property development standards for the C-D 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 17.16.02gLf— –
B. Yards: See Section 17.16.020.
G. Maximum hheight: 50 feet(see also Sections 17.16.020 and 17.16.040)1
D. Maximum coverage:.100%1
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.(Ord. 1365(2000 Series) Part)f
F. Parking: Other sections of this Title notwithstanding, the Parking Requirements in the 6-6 C-D
zone shall be as follows:
1. Restaurants, sandwich shops, take-out food, bars, taverns, night clubs, other food
service or entertainment establishments, theatres, auditoriums, convention halls, and
churches: one-half that required in Section 17.16.060 provided, however, that in no case
the requirement shall exceed one space per 350 square feet gross floor area.
2. Dwellings, morels, hotels and bed and breakfast inns: One-half that required in Section
17.16.060,
3. All other uses: One space per 500 square feet gross floor area.
4. In determining the total number of required spaces, all fractions shall be rounded to the
nearest whole number. Fractions of 0.5 or greater shall be rounded to 1; fractions less
t#at than 0.5 shall be rounded to 0.
5. For existing buildings, only the parking needed for additions thereto or for changes in
occupancy which increase parking requirement relative to prior uses, shall be required.
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A.'tachment (o
ll„'vczciPel TPeNt Proposed Text
6. Parking space reductions allowed by Section 17.16.060 shall not be apolicable in the G=u
zone, as the reduced parking. rates established in 1742.020.F.1-3 are intended to
Provide flexibility in meeting barking recuirements and rely on the consolidation of
parking.
6- 7. The parking space requirement may be met by:
a. Providing the required spaces on the site occupied by the use;
b. Providing the required spaces off-site, but within 500-feet of the proposed use, in a
lot owned or leased by the developer of the proposed use;
c. Participating in a commonly held and maintained off-site parking lot where other
businesses maintain their required spaces;
d. Participating in a parking district that provides parking spaces through a fee or
assessment program. (This subsection may be satisfied by participation of the
underlying property in a parking district by January 1, 1988. If by that date the
underlying property is not participating in such a district,the parking requirement shall
be otherwise met);
e. Participating in an in-lieu fee program as may be established by the City Council. Any
parking agreement approved prior to adoption of the parking standards contained in
Sections F.1-3 above, may be adjusted to conform with those standards, subject to
approval of the Community Development Director and City Attorney; or
f. Any combination of subsections F.4.a through F.4.e of this section.
The Community Development Department shall be notified of the expiration or
termination of any agreement securing required parking. The Department shall
schedule a public hearing before the planning commission to consider revocation of
the use authorization where no alternative location for required parking is provided.
(Ord. 1101 - 2, 1987;Ord. 1074—2, 1986: Ord. 1050— 1 (part), 1985:. Ord. 1023— 1
1984; Ord. 1006—1 (part), 1984; Ord. 1941 —(part), 1982: prior code—9203.10(B))
G. Maximum Building Size: No retail establishment (commercial building) shall exceed 60 000
square feet of gross floor area, unless excepted by subsection H and Section 17.16.035.
H. A retail establishment may be allowed up to 140,000 square feet of gross floor area,.if the
Planning Commission determines that it meets the.following standards'
I The proposed use will serve the community; in whole or in sig! icant part,_and the
of the use requires a larger size in order to function:
2�The building in which the use is to be located is designed in discrete-elements that respect
the scale of development in the surrounding areas
3 The new building is-designed incompliance with the _City(s Design Guidelines for Large=
Scale Retail Projects. (Ord. 1405=2001 Series) -
Chapter 17.46: SERVICE-COMMERCIAL MTS) ZONE
Sections•
17.46.010 Purpose andapplication
;17.46.020 Property development standards!
;17.46.010 Purpose and application�®
The C-S zone is intended to provide for services, limited.retail,and other business service uses
that may be less appropriate in the City's other commercial zones, as well as accommodating'
Pertain storage, transportation, wholesaling and 'light manufacturing uses. The C-S zone
implements and is consistent with the Services and Manufacturing land use category of the'
General Plan, and is intended to be applied primarily to areas with more public exposure on
arterial streets than those reserved for manufacturing T
A - 31
C
Proposed Text - _Attachment
(40
pFal.vci 'seal Tent
17.46.020 Property development standards.
The property development standards for the C-S zone are as follows:
A. Maximum density:24 units per net acre(see Section 17.16.010).
A-. B. 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.
€. C. Maximum height: 35 feet(see also Section 17.16.020 and 17.16.040).
G. D. Maximum coverage: 75% (see also Section 17.16.030).
Q._E. Maximum floor area ratio: the ratio of gross building floor area to site area shall not exceed
1.5. (Ord. 1365 (200 Series) (Part))
€. F. Parking requirements: See Section 17.16.060.
F. G. Off-street loading requirements:
Gross Floor Area Number of Spaces
of Building Required
1,000 to 9,999 none
10,000 to 29,999 1
30,000 to 99,999 2
100,000 and more 3
G. H. Maximum Building Size: No retail establishment (commercial building) shall exceed
60,000 square feet of gross floor area, unless excepted by Section 17.16.035.
Chapter 17.48: MANUFACTURING (M) ZONE
Sections:
17.48.010 Purpose and ap lid cation.
17.48.020 Proper development standards.
17.48.010 Purpose and application.
The M zone is intended to provide for assembly, fabrication, and other manufacturing activities in
addition to those permitted in the C-S zone, and for limited sales and services to local consumers
The M zone implements and is consistent with the Services and Manufacturing land use category
of the General Plan, and is intended to be agplied primarily to areas served bv, but with limited or
no frontage on arterial streets:
17.48.020 Property development standards.
The property development standards for the M zone are as follows:
A. Maximum density.,24 units per net acre(see Section 17.16.010).
A. B. 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;
A - 32
A!tach rr;rmt
Deleted Text Proposed Text
3. For buildings more than 20 feet in height, 15 feet;
4. Other yards shall be as provided in the zone of any adjacent_,4"
5. See also Section 17.16.020.
8. C. Maximum height: 35 feet (see also Sections 17.16.020 and 17.16.040).
Q D. Maximum coverage: 75% (see also Section 17.16.030).
Q. E. Maximum floor area ratio:the ratio of gross building floor area to site area shall not exceed
1.5. (Ord. 1365 (200 Series) (Part))
€. F. Parking requirements: See Section 17.16.060.
F. G. Off-street loading requirements:
Gross Floor Area Number of Spaces
of Building Required
1,000 to 9,999 none
10,000 to 29,999 1
30,000 to 99,999 2
100,000 and more 3
(See also Performance Standards, Chapter 17.18.) (Ord. 1085 - 1 Ex.A(part), 1987;Ord. 941 - 1
(part), 1982: prior code- 9203.13(B))
Chapter 17.62: Planned Development
17.62.045 - Decision and Findings
Following a public hearing, the Commission may recommend, and the Council may approve or
disapprove a rezoning to apply the PD overlay zoning district in compliance with this Section.
A. Mandatory project features. The review authority may recommend or approve a
rezoning to apply the PD overlay zoning district only for a project that incorporates a
minimum of two of the following four features.
1.A minimum of 25 percent of the residential units within the project are affordable to
households of very low, low or moderate income (See Municipal Code Chapter 17.90 for
incentives provided for affordable housing development, including density bonuses and
possible fee waivers),
2,The project will achieve greater energy efficiency than standard developments through the
incorporation of green building techniques, scoring at least a silver rating on the LEED or
other equivalent rating system, or achieving a minimum of 30 percent greater energy
efficiency than the minimum required by California Code of Regulations Title 24;
3.The project will preserve, enhance, and/or create a significant natural feature with a
minimum area of one-half acre; or
4.The project will provide a substantial public amenity, for example, a significant public plaza,
a public park, or a similar improved open space feature, including provisions for guaranteed
long-term maintenance not at the expense of the City.
Chapter 17.100 Definitions
Accessory. "Accessory" means clearly subordinate or incidental and directly related to a
permitted use or structure. "Accessory use" includes active or passive solar heating systems and
cogeneration facilities. "Accessory structures"shall be no larger than 450 square feet or 50% of
the primary structure, whichever is greater.(Ord. 941-1(part), 1982: prior code—9204.11 (part))
Ambient entertainment Acoustic or recorded music, or live readings of books or poetry, which
is clearly incidental, that allows for normal conversation levels, and for which no cover fee or
ticket is required. Indoor stage/performance area shall not exceed 80 square feet.
A - 33
A*tachment
Deleted-e*t • Proposed Text
Bedroom. All rooms within a dwelling unit with the exception of one kitchen, a designated living
room, bathrooms(s). oantry/closets (without windows and less than 70-square feet of floor area
each), hallwMs), laundry/utility room, and any room, including dining rooms, that has a minimum
of 50% open wall area with an adigining room.
Demolition. The act of reconstructing, removing, taking down or destroying all or portions of an
existing building or structure, or making extensive repairs or modifications to an existing building
or structure, if such changes involve removal or replacement of 50 percent or more of both the
structural framing and cladding or of the exterior walls within a 24-month period. When
determining whether a building or structure is demolished, the following applies:
A. The nonconforming portions of any wall is counted as removed or taken down, even when
retention of these portions is proposed.
B. Any continuous run of remaining exterior wall surfaces measuring 10 feet or less in length
are counted as removed or replaced.
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 for owner occupancy, rental, or lease on a monthly or longer
basis.
Electronic game/ Electronic game amusement center. "Electronic game" means a coin
operated machine or device offered to the public as a game or amusement, the object of which is
to achieve a high or low score based on the skill of the player. "Electronic game amusement
center" means any premises having thereon available four or more electronic games, when the
dames are. a primary good or service offered by the establishment. See also Chapter 5.52,
electronic game amusement centers. (Ord. 946-3. 1983: prior code-9204.11 (part))
Gross floor area. "Gross floor area" means the total area enclosed within a building, including
closets, stairways, and utility and mechanical rooms, measured from the inside e_AeFief face of
the walls. (Ord. 941 —(part), 1982: prior code—9204.11 (part))
Guest House. A separate accessory structure, that is designed, occupied, or intended for
occupancy as sleeping and bathing quarters only, that does not contain a kitchen FefFigeFateF,
, and is intended to be used in conjunction with a primary
residence that contains a kitchen. "Accessory structures"shall be no larcer than 450 square feet
or 50%of the primary structure, whichever is greater.
Kitchen. "Kitchen" means an area within any structure including one or more of the following
facilities that are capable of being used for the preparation or cooking of food: ovens/microwave
ovens, stoves, hotplates, refrigerators exceeding six cubic feet, dishwashers, garbage disposals,
sinks having a drain outlet of larger than 1 % inches in diameter, and cabinets, counter space, or
other areas for storing food.
Media Production. Fixed-base facilities for motion picture, television, video, sound, computer,
and other communications production.These facilities include the following types:
A - 34
- - - Attachment-6
Deleted Te5a Proposed Text -
.
1. Backlots/outdoor facilities and soundstages. Outdoor sets, back/ots, and other
outdoor.facilities and warehouse-type facilities providina space for the construction and
use of indoor sets, including supporting workshops and craft shops.
2. Broadcast.studios. Workplace where movies, television shows or radio programs are
produced and recorded, including administrative and technical production, administrative
and production support offices, post-production facilities (editing and sound recording
studios, folev stages, etc.). optical and special effects units, film processing laboratories.
etc.
Minor Addition. Additions comprising less than 50% increase in total building area, constructed
in compliance with current regulations.
Minor Nonconforming Addition. Extension of the nonconforming feature of an existing budding
by no more than 50%.
Produce Stand. A temporary facility for selling seasonal goods such as fruits, vegetables and
plants.
Nightclub. A facility providing entertainment, examples of which include live or recorded music
and/or dancing, comedy, disc iockevs, etc., which may also serve alcoholic beverages for on-site
consumption. Does not include ambient music, which is defined separately.
Vacation Rental. A dwelling or part of a dwelling where lodging is furnished for compensation for
fewer than thirty consecutive days. Does not include fraternities, sororities, convents,
monasteries, hostels. bed & breakfast inns, hotels, motels, or boardina/roomina houses, which
are separately defined.
A - 35
,- - -__Attachment; -7
Ne_ ext(replacing ongrnal-language above)
AUGUSt 2006
TABLE 9-USES ALLOWED BY ZONE
Permit Requirement by Zoning District SpeeMe use
' Lend Use I AG IC40SI R7 I R2 I R3 Ra PF 1 0(1) C•N C-C I C-0 C-R I GT I C-S I M BP
- Regulations.
AGRICULTURE
Crop production and graztng A A A A D D
Greenhouse,commercial PC PC
Livestock feedlot PC I PC
INDUSTRY,MANUFACTURING&PROCESSING,WHOLESALING
um ure and fixtures manufacturing,cavinet
shop D A
Industrial research and development PC D D(10)
Laboratory-Medical.analyllcal,research.
testing PC A A A A
Lauffilry,dry cleaning plant A A
Manufacturing-Heavy PC PC
Manufacturing-Light D A A
Petroleum product storage and distribution D
Photo and film processing lab A A
Printing and publishing A A A(10
Recycknlg facilities-Collection and processing
facility D
Recycling facilities-S and dismanLing yard D
Recycling facilities-Small collection facility D D D A
Storage yard D A
Warehousing,indoor Storage A A PC(10)
Wholesaling and distribution I A I A PC(10)
LODGING
Bed and breakfast inn D PC PC A A A
Homeless shatter PC PC PC PC PC PC PC PC PC PC PC
Hostel PC PC A A A
Hotel,motel A A A PC(10)
Recreational vehide(R1)park accessory to Hotel,motel PC
Key: A=Allowed D=Directors Use Penni)approval required PC=Planning Commission Use Permit approval required
A/D=Directors approval on ground floor,allowed on second floor or above
Note: Footnotes affecting speffie land uses follow the table. '
page s-t
Ne(-7' O Attachment 7ext(replacing original language above) ,,,
city of San lues OBISPO
zonmq asguitAtions _ - AL
TABLE 9-USES ALLOWED BY ZONE-Continued
Permit Requirement by Zoning District Specific use
Land Use [AG CIOS R1 R2 R3 R4 PF O(1) c-N C.c C-D GR 6T GS M BP Regufattons
RECREATION,EDUCATION,8 PUBLIC ASSEMBLY USES
BarAavem D D D D D D
Club,lodge,private meeting hall D D A D AID D D D
Commercial recreation facility-Indoor PC D D D D PC D(10) 17.08.060
Commenaalrecreationfacility-Indoor PC D D D D of 12) PC D(10) 1706.060
Commercial recreation facility-Outdoor PC PC
Educational conferences D D D D 17.08.010.C.6
Fitness/health facility D A D D PC A A Oil 0)
Goff Course PC
Ubrary,museum PC D D D D
Ubrary,branch facility D D D D
Night dub D D D D D D Chapter 17.95
Park,playground D rD A A A A D D A A A
Public assembly facility PC D D D D PC
Religious facility PC D D D D A D D D A D(7) D(7) 0(7)
School-Boarding school,elementary,middle,
secondary PC PC
School-College,university campus PC
School-College,university-Sateffffe classroom
facility
School-Elementary,middle,secondary PC PC D D PC D
School-Specialized educationtimining PC AtD A/D A A A
Special even D D D D D D D D D 17.08.010
Sports and active recreation facility PC PC PC PC
Sports and entertainment assembly facility PC PC
Studio-Art,dance,martial arts,music,etc. A/D A/D A PC A
Theater PC(8)j D D D D(10) Chapler 5.40
Theater-Drive-in PC PC
RESIDENTIAL USES
Boarding/rooming house,dormitory PC D D D Chapter 17.20
Caretaker quarters A A A A A A A A A A A A A A A D
Comens and monasteries PC A A D
Fraternity,sorority PC PC
High occupancy residential use D D
Home occupation H H H H H H H H H H H H H H 17.08.090
Uve/work units A A A A 17.08.120
Liv&Work units A A A A 17.08.130
Mixed-use project A A A A A A PC PC 17.08.072
Mobile home as temporary residence at building
site A A A A A A A A
Mobile home park A A A A
Mufti-family dwellings A A A D D D
Residential care facilities-6 or fewer residents A A A A A A A AVD AID AJD D
Residential care facilities-6 or/ewer residents A A A A A A A/D A/D AID D
Residential care facilities-7 or more residents A A A A A A D AID A/D D
Residential rare facilities-7 or more residents A A A A A D A/D AID D
Single-family dwellings A A A(2) A A A D D D
Single-family dwellings A A A(2) A A A A D D
Work/live units I I D D 17.08.130
Key: A=Allowed D=Director's Use Permit approval required PC=Planning Commission Use Permit approval required
AID=Director's approval on ground floor,allowed on second floor or above H=Home Occupation Permit required
Note: Footnotes affecting spelfic land uses follow the table.
PAGE B-2
ktachmant 7
New�eut(replacing original language abo .�
aucust 2006 zoning ttequlAtions
TABLE 9-USES ALLOWED BY ZONE-Continued
Permit Requirement by Zoning District Speetfle use
Land Use I AG I C/OS Rt I R2 I R3 I R4 I PF 1 O(1) C-N C•C GD C•R G-T I C•S I M BP Regulations
RETAIL SALES
Auto and vehicle sales and rental D A PC
Auto parts sales,with installation D(5) A A
Auto parts sales,without installation A D A A A
Building and landscape materials sales,indoor A A A A A
Building and landscape materials sales,outoor D D A A A
Construction and heavy equipment sales and
rental D D
Convenience store D D D A A A A A D D D(10) 17.08.095
Extended hour retail D D D D D D D D
Farm supply and feed store PC A A
Fuel dealer(propane,etc) I D A
Furniture,furnishings,and appliance stores A A A A
General retail-2,000 sf or less A(3) A A A A
General retail-More than 2,000 at,up to 15,000
sf D(3) D A A
General retall-More than 15,000 all.up to
45,000 at D A A D
General retail-More than 45,000 St.up to
60,000 at D A A
General retail-More than 60,000 St.up to
140,000 sf PC PC PC
Groceries,liquor,specialty foods All 1) A A A PC
Mobile home,RV,and boat sales A PC
Office-supporting retail,2,000 sf or less A A A A A D(10)
Office-supporting retail,More than 2,000,up to
5,000 sf D D A A 0(10)
Outdoor temporary and/or seasonal sales See Section 17.08.020 17.08.020
Produce stand D D A A A A
Restaurant A A A A A D D
Service station(see also'vehicle services') D D D D A 17.08.030
Vending machine See Section 17.08.020 17.08.020
Warehouse stores-45,000 at or less gfa D D D
Warehouse stores-more than 45,000 sf a PC PC PC
Key: A=Allowed D=Director's Use Permit approval required PC=Planning Commission Use Permit approval required
AID=Director's approval on ground Boor,allowed on second floor or above
Note: Footnotes affecting speific land uses follow the table.
Y//O`er
PAGE B-3
Attachment .7
New ext(replacing ongina/language ovtg{i:.
city of San tuis OBispo - ab
zonlnq uecutations
TABLE 9-USES ALLOWED BY ZONE-Continued
Permit Requirement by Zoning District Specific use
Land Use I AG GOS R7_.., 112 R3 I R4 I PF O(1) C-N. .C-C C-D., ,C-R I GT I 4s I M BP I
Regulations
SERVICES-BUSINESS,FINANCIAL&PROFESSIONAL
ATMs A I A A A A A A A A
Banks and financial services A A A A D(4), D(4) D(10)
Business support services A A AID A A A A
Medical service-Clinic,laboratory,urgent care D D D A D(12) D(12)
Medical Service-Doctor office A AID AID A D(12) D(12)
Medical service-Extended care PC PC D PC PC D
Medical service-Hospital PC PC
Office-Accessory A A A A A A A A
Office-Business and service A A AID A D
Office-Government D PC A A P
Office-Processing D D D D(4) D(4) A.
Office-Production and administrative A AID AID A D(4) D(4) A
Office-Professional A AID AID A D(10)
Office-Temporary See Section 17.08.010.6
Photographer,photographic studio A AID I A 11 PC .A
SERVICES-GENERAL
Catering service D D A D A A
Cemetery,mausoleum,columbadumPC PC PC PC PC PC PC PC PC PC _
Copying and Quick Printer Service A A A A A A A A
Day care-Day care center D(9) D(9) D(9) D(9) D(9) A A A AID A 1)(9) D(9) D(9) 0(10) 17.08.100
Day care-Family day care home A A A A A A A A A A A A 17.08.100
Equipment rental A A D(10)
Food bank/packaged food distribution center D D
Homeless shelter PC PC PC PC PC PC PC PC 17.01.110
.Homeless shelter PC PC PC PC PC Pc PC PC 17.08.110
Maintenance service,client site services A A PC
Mortuary,funeral home D D A D
Personal services A A A A D A D(10)
Personal services-Restricted D D
Public safety facilities PC PC(10)
Public utility facilities PC A A 17.08.080
Repair service-Equipment,large appliances,
etc. A A D(10)
Residential Support Services A A A A
Social service organization D A A A A D
Vehicle services-Repair and maintenance-
Major A A D
Vehicle services-Repair and maintenance-
Minor PC D A A D
Vehicle services-Carwash D D PC D D
Veterinary clinic(hospital,boarding,large animal PC PC D D
Veterinary cliniclhosphal,boarding,small animal,
indoor D A AID A A
Veterinary clinicliospital,boarding,small
animal...indoor D 0A AID A_ A
Veterinary cilmothospital,boarding,small anima,
outdoor I I I D
Key: A=Allowed D=Directors Use Permit approval required PC=Planning Commission Use Permit approval required
A/D=Directors approval on ground floor,allowed on second floor or above
Note: Footnotes affecting spec is land uses follow the table.
Pags s-a
Ce L Attachment 7
New Text(replacing original language above) -
AUCIUSt 2006 ,
TABLE 9-USES ALLOWED BY ZONE-Continued
Permit Requirement by Zoning District Specific use
Land Use I AG I GDS R1 I R2 R3 RO I PF 0(1)1 C-N I C-C I C-D I C-R C-T CS M BP I
Regulations
TRANSPORTATION&COMMUNICATIONS
Airport PC PC PC 0
Ambulance,taxi,and/or limousine dispatch
facility A D D(10)
Antennas and telecommurvcations facilities PC PC PC PC PC PC PC PC D D D 17.16.120
Antennas and telecommunications facilities D D D D D D D D D D D 17.16.120
Broadcast studio A AID A A A A
Media Production-Broadcast studio A AID A A A A
Media Production-Backlotsloutdoor facilities
and soundstages
D D D
Heliport PC PC PC
Parking facility PC(6)PC(6) PC(6) D(6) D(6) D(6)
Parking facility-Mufti-level PC(6)PC(6) PC(6)PC(6) PC(6)PC(6)
Parking facility-Temporary PC D 0 D D D D D D 17.08.010
Railroad facilities I D A
Transit station or terminal PC PC PC D A
Transit stop A I A A A A A A A
Tnick or freight terminal I I i A A D
Water and wastewater treatment plants and
services PC I PC
Key: A=Allowed D=Director's Use Permit approval required PC=Planning Commission Use Permit approval required
AID=Director's approval on ground floor,allowed on second floor or above
Note: Footnotes affecting speific land uses follow the table.
t -pry
Paas s-s
• Attachmant 8
New Text(replacing original language above)
city of San 1UIS OBISPO
zoninc, izec,ulations
TABLE 6-PARKING REQUIREMENTS BY USE
Type of Use Number of Off-Street Parking Spaoes Required
AGRICULTURE
Crop production and grazing No requirement
Greenhouse,commercial No requirement
Livestock feed lot As provided in approved use permit
INDUSTRY,MANUFACTURING&PROCESSING,WHOLESALING
Furniture and fixtures manufacturing,cabinet shop Same as Manufacturing-Light
One space per 300 square feet office or laboratory area,plus one space per 500 square feet
Industrial research and development indoor assembly or fabrication area,plus one space per 1,500 square feet outdoor work area or
indoor warehouse area
Laboratory-Medical,analytical,research,testing One space per 300 square feet gross floor area
Laundry,dry cleaning plant One space per 500 square feet gross floor area
Manufacturing-Heavy One space per 500 square feet gross floor area
One space per 300 square feet accessory office area plus one space per 300 square feet to 500
Manufacturing-Light square feet manufacturing floor area,to be determined by director according to employment
characteristics of each use,plus one per 1,500 square feet outdoor manufacturing area
Petroleum product storage and distribution area
space per 300 square feet office areas plus one space per 500 square feet indoor storage
area plus one space per 2,000 square feet outdoor storage area
Photo and film processing lab One space per 300 square feet gross floor area
Printing and publishing One space per 300 square feet gross floor area
Recycling facilities-Collection and processing One space per 500 square feet of gross floor area plus one space per 10,000 square feet outdoor
facility storage area,but in no case less than 4 spaces
Recycling facilities-Scrap and dismantling yard One space per 500 square feet of gross floor area plus one space per 10,000 square feet outdoor
storage area,but in no case less than 4 spaces
Recycling facilities-Small collection facility As provided in approved use permit
Storage yard One space per 2,000 square feet gross floor area
Warehousing,indoor storage One space per 300 square feet office area plus one space per 1,500 square feet indoor storage
area
Wholesaling and distribuffon One space per 300 square feet office area plus one space per 1,000 square feet indoor
sales/storage area,plus one space per 2,000 square feet outdoor sales area
LODGING
Bed and breakfast inn One per room or group of rooms to be occupied as a suite,plus two for resident managers
quarters
Hostel One space per five beds,plus one for manager.When the hostel is part of a residence:one space
per five beds,in addition to two spaces for the residence.
Hotel,motel One per room or group of rooms to be occupied as a suite,plus one for resident manager's
quarters,plus eating/assembly area requirements
Recreational vehicle IRV)park accessory to hotel,
As provided in approved use permitmotel
pace C-t
Attachment g
New Text(replacing original language above)
- J
AUQUSC 2006 ZOTIrIIQ RtyUL.?Duda
TABLE 6-PARKING REQUIREMENTS BY USE
Type of Use Number of Off-Sheet Parking Spaces Required
RECREATION,EDUCATION,&PUBLIC ASSEMBLY USES
liar/tavem One space per 60 square feet of customer use plus one space per 100 square feet of food
preparation area
Club,lodge,private meeting hall square
space per 300 square feet office area plus one space per four fixed seats or one space per 40
square feet seating area without fixed seats,in the largest assembly room
Commercial recreation facility-Indoor One space per 300 square feet gross floor area
Bowling alleys Two spaces per lane plus one space per four seats spectator/eating area
Commercial recreation facility-Outdoor One space per 500 square feet outdoor use area
Educational conferences As provided in approved use permit
Fibtesslheafth facility One space per 300 square feet gross Door area
Library,museum One space per 500 square feet storage/display area plus government office and meeting room
requirements
Library,branch facility As provided In approved use permit
Night club One space per 60 square feet floor or outdoor ground area for customer use,including seating and
dancing areas,plus one space per 100 square feet food preparation area
Park,playground One space per 500 square feet
Public assembly facility One space per four fixed seats or one space per 40 square feet of assembly area without fixed
seats
One space per four fixed seats(one space per 40 square feet seating area without fixed seats)in
Religious facility
largest assembly room
School-Boarding school,elementary,middle, As provided in approved use permit
secondary
School-College,university -Campus As provided in approved use permit
School-College,university -Satellite classroom
facility One space per 50 square feet per classroom floor area
School-Elementary,middle,secondary Two spaces per classroom plus one space per 300 square feet office,assembly or common area
School-Specialized education1training One space per 50 square feet per classroom floor area
Special event One space per 500 square feet or as provided in approved use permit
Sports and active recreation facility One space per 100 square feet of play surface
Sports and entertainment assembly facility JAS provided in approved use permit
Studio-Art,dance,martial arts,music,etc. One space per 200 square feet gross floor area
Theater One space per four seats
Theater-Drive-in No requirement
PdCfE C-2
H:[dGr'fT�v'ill �
city of San Luis OBISPO • New Text(replacing original language above) •� _ ,,
zoning ueculations AaGust 2,;Ve
TABLE 6-PARKING REQUIREMENTS BY USE
Type of Use Number of Off-Street Parking Spaces Required
RESIDENTIAL USES
Boarding/rooming house,dormitory One space per 1.5 occupants or 1.5 spaces per bedroom,whichever is greater
Caretaker quarters Two spaces per dwelling
Convents and monasteries One space per five occupants
Fraternity,sorority One space per 1.5 occupants or 1.5 spaces per bedroom,whichever is greater
The parking requirement shall be greater of:1.The number of space required for dwellings.or 2.
High occupancy residential use One off-street parking space per adult occupant,less one.
Home occupation See Section 17.06.090
Live/work units 2 spaces per unit
Muted-use project Same as Single-family dwellings
Mobile home park 1.5 spaces per unit:1 space to be with unit
Mufti-family dwellings Same as Single-family dwellings
Residential care facilities-6 or fewer residents Same as Single-family dwellings
Residential care facilities-7 or more residents Same as Single-family dwellings
R-1 and C/OS:2 spaces per dwelling,one of which must be covered.All other zones:1 per studio
apartment:1-1/2 for first bedroom plus 1/2 for each additional bedroom in a unit,plus 1 for each
Single-family dwellings five units in developments of more than five units.Also see parking reduction paragraphs under
17.16.060.
Work/live units 12 spaces per unit
-//7
Pace c-s
C Attachm;,^t g
New Text(replacing original language above, _ -
AUQUSt2006 liih4lrla,._u6
TABLE 6-PARKING REQUIREMENTS BY USE
Type of Use Number of Off-Street Parking Spaces Required
RETAIL SALES
Auto and vehicle sales and rental One space per 300 square feet office area plus one space per 500 square feet parts sales service
area,plus one space per 2,000 square feet outdoor sales area
Auto parts sales,with installation One space per 500 square feet gross floor area
Auto parts sales,without installation One space per 500 square feet gross floor area
Building and landscape materials sales,indoor One space per 300 square feet office area plus one space per 500 square feet indoor sales area
plus one space per 2,000 square feet warehouse area
Building and landscape materials sales,outdoor One space per 300 square feet office area plus one space per 500 square feet indoor sales area
plus one space per 2,000 square feet warehouse or outdoor sales area
Construction and heavy equipment sales and rents One space per 300 square feet office area plus one space per 500 square feet parts sales service
area,plus one space per 2,000 square feet outdoor sales area
Convenience store Two spaces for employee parking,plus one space per 500 square feet of gross floor area and a
minimum of five bicycle parking spaces shall be provided per business
Extended hour retail Same as specific type of retail
Farm supply and feed spore One per 500 square feet indoor sales/storage area plus one space per 2,000 square feet outdoor
sales/storage area.
Fuel dealer(propane,etc) One per 500 square feet indoor sales/storage area plus one space per 2,000 square feet outdoor
sales/storage area.
Furniture,furnishings,and appliance stores One space per 500 square feet gross floor area
General retail-2,000 sf or less One space per 300 square feet gross floor area
General retail-More than 2,000 at,up to 15,000 sf One space per 300 square feet gross floor area
General retail-More than 15,000 sf,up to 45,000 s1 One space per 300 square feet gross floor area
General retail-More than 45.000 sf,up to 60.000 s A maximum of one space per 200 square feet gross floor area,with the exception for mare spaces
d structured multl-level parking is used
General retail-Mom than 60,000 sf,up to 140,000 A maximum of one space per 200 square feet gross floor area,with the exception for more spaces
sf If structured multi-level parking is used
Florists and Photofinishing(retail) One space per 500 square feet floor area
Retail sales and repair of bicycles One space per 500 square feet floor area
Groceries,liquor,specialty foods One space per 200 square feet gross floor area
Mobile home,RV,and boat sales One space per 300 square feet office area plus one space per 500 square feet parts sales service
area,plus one space per 2,000 square feet outdoor sales area
Office-supporting retail,2,000 sf or less One space per 300 square feet gross floor area
Office-supporting retail,more than 2,000,up to One space per 300 square feet gross floor area
5,000 sf
Outdoor temporary and/or seasonal sales See Section 17.08.020
Produce stand As provided in approved use permit
One space per 60 sq.it customer use area,including waiting seating,counter service areas,and
dancing areas,plus one space per 100 sq.ft.food preparation,including counter space,pantry
Restaurant storage,and dishwashing areas.Walls,halls,restrooms,and dead storage areas do not count as
either customer use or food preparation floor area
Service station(see also'vehicle services') one space for attendant booth plus two per service bay plus one space per four fuel pumps
Warehouse stores-45,000 sf or less gfa Minimum one space per 300 square feet gross floor area
Warehouse stores-more than 45,000 sf gfa A maximum of one space per 200 square feet gross floor area,with the exception for more spaces
if structured multi-level parking is used
page c-a
Attachment 8
city of San Luis osispo New Text(replacing original language above) ,
zoninci uecutatlons auqust 2006
TABLE 6-PARKING REQUIREMENTS BY USE
Type of Use Number of Off-Street Parking Spaces Required
SERVICES-BUSINESS,FINANCIAL&PROFESSIONAL
ATMs No requirement
Banks and financial services One space per 300 square feet gross floor area
Business support services One space per 300 square feet gross floor area
Medical service-Clinic,laboratory,urgent care Medical dental and other health services:one per 200 square feet gross floor area.All others:one
space per 300 square feet gross floor area.
Medical service-Clknc,laboretory,urgent care Medical dental and other health services.one per 200 square feet gross floor area.A
Medical service-Doctor office Medical dental and other health services:one per 200 square feet gross floor area.All others:one
space per 300 square feet gross floor area.
Medical service-Doctor office Medical dental and other health services:one pe/200 square feet gnus goorarea.A
Medical service-Extended care One space per four belts(adult):one space per five Juvenile occupants
Medical service-Hospital One space per bed
Office-Accessory As required for principle use
Office-Business and service One space per 300 square feet gross floor area
Office-Government Offices:one per 300 square feet gross floor area.Meeting rooms:one per four fixed seats or one
per 40 square feet of seating area without fixed seats.
Post offices One space per 300 square feet office,sorting,customer service area plus one space per 500
square feet bulk handling
Office-Processing One space per 200 square feet gross floor area
Office-Production and administrative One space per 300 square feet gross floor area
Office-Professional Medical dental and other health services:one per 200 square feet gross floor area.All others:one
space per 300 square feet gross floor area.
Office-Temporary See Section 17.08.010 C
Photographer,photographic studio One space per 200 square feet gross floor area
pace c-s
O � A*tachment
New Text(replacing original language above; —"
AUGUSC 2006 :.
TABLE 6-PARKING REQUIREMENTS BY USE
Type of Use Number of Off-Street Parking Spaces Required
SERVICES-GENERAL
Catering service One space per 100 square feet food preparation area
Cemetery,mausoleum,columbarium One space per 500 square feet of building area
Day care-Day care center Two spaces plus one per 14 clients
Day care-Family day care home Small family day care-same as for"Dwellings'.Large family day care-One space plus required
residential parking.
Equipment rental One per 300 square feet office area plus 1 per 500 square feet indoor display/storage plus 1 per
1,000 square feet outdoor display/storage
Homeless shelter Two spaces for the facility plus one space for each six occupants at maximum allowed occupancy
Maintenance service,client site services One space per 300 square feet gross floor area
Mortuary,funeral home 1 per four fixed seats or 1 per 40 square feet assembly area,whichever is greater
Personal services One space per 200 square feet gross floor area
Repair services-Small appliances,shoes,etc One space per 300 square feet
Sett service laundry/dry cleaner One Space per each four washers or dryers
Public safety facilities One space per 500 square feet gross floor area
Public utility facilities One space per 300 square feet office area plus one space per 1,500 square feet
warehouse/service area plus space for fleet vehicles
Repair service-Equipment,large appliances,etc. One space per 500 square feet gross floor area
Social service organization One space per 300 square feet gross floor area
Vehicle services-Repair and maintenance-Major One space per 500 square feet gross floor area
Vehicle services-Repair and maintenance-Minor One space per 500 square feet gross floor area
Service stations One space for attendant booth plus two per service bay plus one space per tour fuel pumps
Vehicle services-Carwash Two spaces plus sufficient wailing line(s)or Two spaces plus washing area(s)
Veterinary clinidhospital,boarding,large animal One space per 500 square feet gross floor area
Veterinary clinicmospital,boarding,small animal, One space per 300 square feet gross floor area
indoor
Veterinary clinic/hospital,boarding,small animal,
One space per 300 square feet gross floor area
outdoor
TRANSPORTATION&COMMUNICATIONS
Airport To be determined when use permit is approved
Ambulance,taxi,and/or limousine dispatch facility One space per 300 square feet office area plus one space per 1,000 square feet
garage/warehouse area
Ambulance services Three spaces per emergency vehicle
Broadcast studio One space per 300 square feet gross floor area
Heliport As provided in approved use permit
Railroad facilities One space per 300 square feet office or waiting room
Transit station or terminal One space per 300 square feet office/wafting area plus one space per 1,000 square feet
house/garage area
Truck or freight terminal One space per 300 square feet office plus one space per 1,000 square feet garage/warehouse
area
Water and wastewater treatment plants and servi.ce One space per 300 square feet office plus one space per 1,000 square feet warehouse/service
area
Water and wastewater treatment plants As provided in approved use permit
pAGe C-6
0 Attachmert
RESOLUTION NO. XXXX (2006 Series)
A RESOLUTION OF THE SAN LUIS OBISPO CITY COUNCIL
DENYING AMENDMENTS TO CHAPTER 17 OF THE MUNICPAL
CODE: ZONING REGULATIONS (R/TA,ER 226-05)
WHEREAS, the Airport Land Use Commission of San Luis Obispo conducted a public
hearing on August 16, 2006, for the purpose of evaluating the request to amend the Zoning
Regulations, and found these amendments consistent with the Airport Land Use Plan; and
WHEREAS, the Planning Commission of the City of San Luis Obispo conducted public
hearings on August 9, 2006 and September 13, .2006, for the purpose of formulating and
forwarding recommendations to the City Council regarding the request to amend the Zoning
Regulations; and
WHEREAS, the City Council conducted a public hearing on, October 17; 2006, and has
considered testimony of interested parties, the evaluation and recommendation of staff and the
records of the Planning Commission hearings and actions; and
THEREFORE, BE IT RESOLVED, by the City Council of the City of San Luis
Obispo as follows:
SECTION 1. Findings. That this Council, after consideration of the amendments to the
Zoning Regulations and environmental review, and considering the Planning Commission's
recommendations, staff recommendations, public testimony, and reports thereof, makes the
following findings:
[Council specifies findings]
SECTION 2. Denial.The amendments to the Zoning Regulations are hereby denied.
On motion by seconded by . and on the
following roll call vote:
AYES:
NOES:
ABSENT:
The foregoing resolution was passed and adopted this day of 2006.
Mayor David F. Romero
ATTEST:
Audrey Hooper, City Clerk
n Attachment
C)' �
Resolution No.XXXX (2006 Series)
Page 2
APPROVED AS TO FORM:
Jonathan Lowell, City Attomey
G:MUMPA and RZ\226-05(Zoning Tent Amendments)\Reports\City Council=Reso(Denial).doc —/a�
council m E m o i.a n o u m
RECEIVED
DATE: October 17, 2006
OCT 17 2006
TO: City Council SLO CITY CLERK
VIA: Ken Hampian, CAO
FROM: Doug Davidson, Community Development Deputy Director
SUBJECT City File No. R/TA,ER 226-05
The agenda report for City File No. 226-05, which is scheduled for City Council Review on
October 17, 2006 - Public Hearing Item No. 1, is missing page A-9 of Attachment 6. Attached,
please find page A-9 which should be inserted after page 1-82 of your agenda packet. Please call
Doug Davidson at extension#177 (781-7177) if you have any questions.
//W'S /Z
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Attachment !9
Deleted T,,.,s .
� m J Previously Reviewed New Text �nvjaeaan hon'
Newly Proposed Text foi.context
2. 1. Ather Conformino additions to residential structure
stwstares may be allewed upon approval ef a use peffAit by the IDiFe approved by the
Director without public hearing.
3. 2. Upon approval of a use permit the Director may allow other yards to be reduced to zero
in some instances for minor additions to existing legal non-conforming structures (see
Section 17.16.020.E2.d). (Ord. 1365 (2000 Series)(part))
3. 3. The value of additions allowed pursuant to subdivisions 1 and 2 of this subsection
shall be excluded from calculation of replacement cost of the nonconforming structure.
(Ord. 1006-1 (part), 1984; Ord. 941 - 1 (part), 1982: prior code-9202.4(B)).
Chapter 17.16.010 Density.
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: (Ord. 1365 (2000
Series)(part))
a. Studio apartment, 0.50 unit;
b. One-bedroom dwelling, 0.66 unit;
c. Two-bedroom dwelling, 1.00 unit;
d. Three-bedroom dwelling, 1.50 units;
e. Dwelling with four or more bedrooms, 2.00 units.,
2. The following procedure shall be used to determine the maximum development allowed
on a given lot or land area:
a. Determine the Average Cross-slope of the Site. "Average cross-slope" is the ratio;
expressed as a percentage of the difference in elevation to the horizontal distance
between two points on the perimeter of the area for which slope,is being determined.
The line along which the slope is measured shall run essentially perpendicular to the
contours.
L Where a site does not slope uniformly, average cross-slope is to be determined
by proportional weighting of the cross-slopes of uniformly sloping sub-areas, as
determined by the Community Development Director.
ii. Cross-slope determinations shall be based on the existing topography of the net
site area
an site iMpFeyemeRts. after any on-site grading necessary to accommodate
proposed right-of-way improvements and other on-site improvements.
iii. Cross-slope shall be calculated only for the net area as defined in Sub-section
A2b below.
iv. When the calculation of cross slope results in a fractional number, it shall be
rounded to the next highest whole number if the fraction is one-half or more;
otherwise it shall be rounded down to the next lowest whole number.
v. No slope-rated density reduction is required in the C/OS, C-R, C-C or PF zones.
vi. The maximum development allowed for each average cross-slope category is as
follows:
A - 9