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HomeMy WebLinkAbout12/05/2006, PH 2 - ZONING REGULATIONS (CHAPTER 17 OF THE MUNICIPAL CODE) - MINOR AMENDMENTS, CLARIFICATIONS, AND ENVIR � r council MeetigDete acEnaa RepoRt Item Number CITY OF SAN LUIS OBISPO FROM: John Mandeville,Community Development Director Prepared By: Jaime Hill,Associate Planner SUBJECT: ZONING REGULATIONS (CHAPTER 17 OF THE MUNICIPAL CODE) - MINOR AMENDMENTS, CLARIFICATIONS, AND ENVIRONMENTAL REVIEW (R/TA, ER 226-06). CAO RECOMMENDATION As recommended by the Planning Commission, introduce by title only an ordinance to adopt the proposed amendments to the Zoning Regulations and the Negative Declaration of Environmental Impact, thereby revising multiple sections of Chapter 17 of the Municipal Code. REPORT-IN-BRIEF The Planning Commission has recommended approval of the proposed amendments to the Zoning Regulations and Negative Declaration of environmental impact. The text revisions are based on direction provided by the Planning Commission and City Council over the past year, and staff's experience working daily with the Zoning Regulations. The proposed revisions are needed to: bring the document into consistency.with recently approved specific plans; to better implement the intent of the regulations; to better enable all of the regulations to work in harmony; to streamline permit processing; and to convect typological errors. This item was originally scheduled for Council action on October 19, 2006, but was continued for added public input, especially from Residents for Quality Neighborhoods (RQN). Staff did meet and consult with RQN, and no further changes to the Planning Commission recommendation are proposed. RQN dial offer some added thoughts about existing text in other areas of the ordinance, as described in this report.. Staff is recommending that the City Council introduce an ordinance approving the text amendments and certifying the environmental determination, as contained in Attachment 6. DISCUSSION Background Amendments of the Municipal Code pertaining to land use regulations apply City-wide to all General Plan and Zoning designations. These amendments are not intended to change City policy or the intent of the regulations. A Negative Declaration was recommended by the Community Development Director of June 29, 2006. During the August 9, 2006 review the Planning Commission recommended that the City Council adopt the Negative Declaration of environmental impact, and directed staff to make several minor changes; and to research additional revisions to the parking and property maintenance sections. During their September Council Agenda Report R/TA, ER 226-06 Page 2 13, 2006 review they found that the additional modifications made by staff 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 #546406 and Meeting Minutes, Attachments 2 and 3). On October 17, 2006; the City Council continued review of the proposed.text amendments to allow additional time for public review and comment. Since that time staff has met with representatives of Residents for Quality Neighborhoods (RQN) to review the proposed amendments and discuss the recommended changes. Staff clarified for RQN that the proposed text updates are based on direction from the Planning Commission and City Council over the past year, and staff's experience working daily with the Zoning Regulations. During our discussion, RQN identified additional sections of the Zoning Regulations and the Municipal Code where additional updates may be warranted to protect residential neighborhoods. They promoted a new criteria for limiting the total amount of impervious surface on a site (current lot coverage standards do not include flatwork), and amendment of Chapter 8.04: Solid Waste Disposal to include provisions for screening of rubbish receptacles. This update is not intended to be comprehensive, and staff will continue to take direction from the Planning Commission and City Council for future revisions. Council could direct staff to pursue amendments to other sections of the Ordinance. However, it should be noted that a comprehensive Zoning Ordinance update was completed in 2003, and such an endeavor is not in the current work program. Therefore, if Council is interested in added study or changes, we ask that your interests be as specific as possible. The proposed text amendments include several corrections, updates, and modifications to bring the document into consistency with recently approved Specific Plans and the General Plan. The amendments also clarify the intent of City policies, advance their implementation, streamline permit processing, and correct 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). Zoning Regulations Revisions The proposed revisions to the Zoning Regulations are based on direction given by the Planning Commission and City Council during recent project reviews, and recommendations made by staff who work daily with the document. In the Legislative Draft, Attachment 5, proposed new language in the Zoning Regulations text is italicized and underlined, and language proposed to be deleted is shown in st6k eagl3. Additions to the two tables, Table 9: Uses and Table 6: Parking, are shown italicized and underlined beneath the language proposed to be deleted which is shown in s4ikedifea The Council should provide direction to staff for any future revisions as part of a motion. i Council Agenda Report R/TA, ER 226-06 Page 3 Main Areas of Discussion Because the revisions proposed are clarifications and involve no change to the intent or effect of the Regulations, this report focuses on the changes which elicited the majority of the discussion at the Planning Commission hearings, and the concerns of RQN. 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 to clarify the requirements, and to insure 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 terms used are consistent with those used elsewhere in the Zoning Regulations. RQN would like to insure that home occupations remain clearly subordinate to residential uses. This is consistent with the purpose statement for Home Occupations in the Zoning Regulations. They have expressed their preference that when customer visitation is allowed it be limited to four clients in any one day, rather than the six recommended by the Planning Commission. They also preferred to expand the requirement that no employees other than residents of the dwelling are allowed on-site to explicitly preclude employees from parking at the site of the home occupation for mobile businesses such as construction or landscaping services. (Multiple employees sometimes utilize one vehicle in these types of business.) Additionally, RQN has expressed their preference that the hours of customer visitation be further limited to 8:00 am to 5:00 pm. Staff has recommended that the hours of visitation be reduced from 7:00 am to 10:00 pm, as currently stated, to 7:00 am to 7:00 pm. Staff believes that further limiting the hours may be overly restrictive considering the types of businesses when visitation can be allowed (private instruction, physical therapists and low visitation consultants). 2. Parking. Three 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 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 providing the Community Development Director authority to approve parking reductions for the implementation of automobile trip reduction plans, such as ride-share programs or employer-paid transit passes. This implements strategies of the Land Use and Circulation Elements, as well as specifically Conservation and Open Space Element Program 2.30.3. OZ-3 Council Agenda Report R/TA, ER 226-06 Page 4 3. Vacation Rentals. Dwellings used as temporary lodging for fewer than thirty days are newly defined as a transient use. Staff recommends that vacation rentals be prohibited in all zones, until such time that an ordinance specifically addressing the potential impacts vacation rentals could have on adjacent residential uses is considered. The Planning Commission requested that staff research how vacation rentals are regulated in surrounding communities. RQN has expressed concern about the negative impact that allowing dwellings to be used as vacation rentals could have on City neighborhoods due to the potential conflicts between temporary visitors and residents, and the loss of housing units. A vacation rental ordinance is a matter for future discussion— the proposed Amendments only define and prohibit such uses. 4. Nonconforming Structures. 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 nonconforming 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 significant obstacles 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". 5. Accessory Structures. Within the definition section of the Regulations "accessory" is defined as something that is clearly subordinate or incidental, and directly related to a permitted use or structure. To provided clearer direction, staff and the Planning Commission have recommended that this definition be expanded to state that "accessory structures" be limited to no larger than 450 square feet or 50% of the primary structure, whichever is greater. RQN has suggested to further limit the size of these units, to 450 square feet or 50% of the primary structure, whichever is less. Recreational Vehicle (RV) 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 addressing RV parking: 1) for parking, storage, and maintenance screening, 2) the size of recreational vehicles (RVs) that can be parked in private driveways, and 3) the number of consecutive days they could remain parked in a driveway. Staff has contacted several cities which have recently enacted legislation regulating the location of RV parking, 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. ,�f i � r Council Agenda Report - R/TA, ER 226-06 Page 5 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 amending the Zoning Regulations (Attachment 1). It addresses potential .cumulative impacts of implementation. No potential impacts are identified. The initial study does not specifically address the potential environmental effects of any individual development project, which may be subject to these regulations, as the details of future 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. The recent input from RQN was described earlier in the report. 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). 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. ��S Council Agenda Report R/TA, ER 226-06 Page 6 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: Legislative Draft of Zoning Regulations text amendments Attachment 6: Draft Ordinance approving Zoning Regulations text amendments Exhibit A: Zoning Regulations amendments G:UHiMGPA and RZ\226-05(Zoning Text Atnendments)\Reports\City Councih3rd hearing\CC staff report.12.5.06.doc Attachment 1 Ii�lilil III ijig city o - sAn WIS 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 Airport Land 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. 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 Mineral Population and Housing � 'sr r Resources ;: 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)). 2- � Attachment 1 DETERNIINATION: 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 DECLARATION will be prepared. I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. I find that the proposed project MAY have a "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 mitigation measures that are imposed upon the proposed project, nothing further is required. Signa ure Date 0 CA For:John Mandeville, Printed a Community Development Director 2-9 - 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. P'%L lGl1.01 1111 V l l l 1 Issues, Discussion and Supporti,y . rmation Sources Sources Potdi. Potentially Less Than No Significant Significant Significant Impact ER 226-05 Issues Unless Impact Citywide Mitigation Incorporated 1.AESTHETICS. Would theproject: a) Have a substantial adverse effect on a scenic vista? b) Substantially damage scenic resources,including,but not limited 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 glaze which would 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 _g_ Williamson Act contract? -c). Involve other changes in the existing environment which,due to their 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 existing or projected air quality violation? Ab)_ Conflict with or obst uctimplementation of the applicable ai s _g_ quality plain =c) Expose sensitive receptors to substantial pollutant concentrations? d) ..Create objectionable odors affecting a substantial number of people? e) Result in a cumulatively considerable net increase of'any criteria pollutant 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 __g__ through habitat modifications,on any species identified as a ... candidate,.sensitive, cial status.species in local or regional Attachment 1 Issues, Discussion and Supporting Imp oration Sources Soarces Potentially Potentially Less Than No Significant Significant Significant Impact 6 Issues Unless Impact ER 226-05 C' IMitigation Inc orated 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 othersensitivesensitive 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 —X-- 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 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 _X__ historic resource?(See CEQA Guidelines 15064.5) b) Cause a substantial adverse change in the significance of an 11 archaeologicalresource?resource?(See CEQA Guidelines 15064.5) c) Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? d) Disturb any human remains,including those interred outside of I 1 formal cemeteries? cemeteries? Evaluation The project involves amendment to Zoning Regulations text,correcting 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) Result in the loss of availability of a known mineral resource __X__ 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 Supporti y A. .mation Sources sPotentially 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 most recent 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? IL Strong seismic ground shaking? 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 would become 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: i), Create a significant hazard to the public or the environment —X— through the routine use,transport or disposal of Hazardous,' materials? b) Create a significant hazard#o the public or the environment through reasonablyforeseeable upset and accident conditions involvmg the release of hazardous materials into the environment? c) Emit hazardo"us emissions or handle hazardous or acutely —X— hazardous materials,substances;or waste within one-quarter mile of an existing or proposed schools. 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 sates compiled pursuant to Government Code Sectton�., 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 dr working in the project area? g) . Impair implementation pf,.or physically interfere with,the. adopted emergency tesponse plan or emergency evacuation h) Expose people or structures to a significant risk of lose,injury, or 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 �/3 _l Attacnment i Issues, Discussion and Supportination Sources Sources Potel_ a1, 1\Potentially Less Than No Significant Significant Significant Impact ER 226 05 Issues Unless Impact Mitigation Citywide Inc orated to hazards and hazardous materials are anticipated. 9. HYDROLOGY AND WATER QUALITY. 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 —X-- " capacity 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 mappedon —X-- a FederalFlood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? g) Place within'a 100-year flood-hazard area structures which —X— would impede or redirect flood flows? h)_ Will the project introduce typical storm watet,pollutants into —X— ground or surface waters? i) Will the project alter ground water or surface•water quality, tem eratutre,,dissolved oxygen,or turbidi. 2. ._ 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 anenvironmental effect? b), _Physically divide an established community? —X— c) Conflict with any applicable habitat conservation plan or natural 7{__ 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 td'oi generation of`hnacceptable"noise �r:, __}{__ levels as-defined by the San Luis ObisRo General P1an,Notse____ Attachment 1 Ecee , Discussion and Supportirty-rt.. .oration Sources Sources Potet..11Potentialty Lessrnan No Significant Significant Significant Impact 6-05 Issues Unless Impact Mitigation incorporated Element,or general noise levels in excess of standards established in the Noise Ordinance? b) A substantial temporary,periodic,or permanent increase in ambientnoisenoise levels in the project vicinity above levels existing without the project? c) Exposure of persons to or generation of excessive groundborne --X-- vibration or groundborne noise levels? d) For a project located within an airport land use plan,or within two miles 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 an of the public services: a) Fire protection. _X_ b) Polite protection?. C). Schools? —X— d) Parks? X le) _Roads and other transportation infrastructure? f) Other ublic.fachlities? ° —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: 4.a) Irreiease the use of existing neighborhood or regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be acceleratedT. b) Include recreational facilities or require the construction or_ __X._ expansion of 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 2-/S Attachment 1 Issues, Discussion and Supportiny,. .rmation Sources Sources Potel•..s., Potentially Less Than No Significant Significant Significant Impact ER 226-05 Issues Unless Impact Citywide Mitigation 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 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? —X— e) Result in inadequate parking capacity onsite or offsite? f) Cotttlict with adopted policies supporting alternative transportation(e.g.bus turnouts,bicycle racks)? g) Conflict with the with San Luis Obispo County Airport Land __X__ 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 Regional Water Quality Control Board? b) Require or result in the construction or expansion of new water treatment;waste water treatment,water quality control,or storm dtainage;facilities,the construction of which could cause significint 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 iii;a determination bythe wastewater treatment provider which serves or may serve the project that it has adequate capacityto serve the project's projected demand in addition to =•. the prdvider'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 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 orwildlife; 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 lant.or animal or eliminate important exam les of ;2,/Co �. Attartment 1 Issues, Discussion and Supportihtj it.,mation Sources Sources potrL__.tty ' potentially t ess Than No Significant Significant Significant Impact ER 226 05 Issues Unless Impact Mitigation Citywide Incorporated the major periods of California history or prehistory? N/A b) Does the project have impacts that are individually limited,but _X__ 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 futureprojects) N/A c) Does the project have environmental effects which will cause _X_ substantial adverse effects on human beings,either directly orI J indirectly? NIA 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. .1d6tify earlier anal ses agd.state where they are available formview. ._ N/A N 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 miti ation measures based on the earlier analysis. N/A c)-_Mitigation measures. For effects that are "Less than Significant with Mitigation Incorporated,"describe the mitigation F measures which were i igoiporated or refined from the earlierdocutaent and the extent to which they address s ic-specific a ,... „__ . condtuons:of the' ro ect. 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 Pian 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. 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, convect 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. Attachment 2 Resolution No. 5460-06 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. Doug DavidsA, 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 Planning Commission Minute. Attachment 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. Browri to recommend that the _City.Council approve adopt a Mitigated Negative Declaration and approve the revisions to the Zoning Regulations Seconded byCommr. 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 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 previousamendments 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. Z�� 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: R/TA 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 processings 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. DataSummary 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.. 2,,22L- Attachment 2 TA 226-05 (Citywide) 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 9tileetettgl3. Sections which are provided for context that do not contain any chan es sha ,` . Changes to the two tables, Table 9: Uses, and Table 6: Parking, are shown _talk+. Laid siiae 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 the 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. -23 TA 226-05 (Citywide) 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 2-2� r ' Attachment 2 TA 226-05 (Citywide) �. 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 Attachment 2 TA 226-05 (Citywide) _. 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 - Backlots/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 B-5). 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 TA 226-05 (Citywide) _ - - 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 B4). 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 carried 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 TA 226-05 (Citywide) - Attachment 2 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. Chapter 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). Attachment 2 TA 226-05 (Citywide) _ 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). �- Attachment 2 TA 226-05 (Citywide) 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 itis 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). - -,3D 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 (N ) 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 2 -31 r 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: Attachment 1: Negative Declaration of Environmental Impact Attachment 2: Resolution recommending adoption of changes to Section 17 of the Municipal Code to the City Council Exhibit A: Zoning Regulations Text Changes Exhibit B: Zoning Regulations, Table 9: Allowed Uses Exhibit C: Zoning Regulations, Table 6: Parking G:VHil]\GPA and RZ\226-05(Zoning Text Amendments)\Reports\Planning Commission\2006 PC rpt.DOC - ' �- 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. Resolution 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 13°day of September 2006. Doug David on, Secretary Planning Commission Attached: Exhibit A: Zoning Regulations Text Changes �7 r - 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 Chai-rperson 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 � S 0. Planning Commission Minutes _ J _, ' Attachment. 3 September 13, 2006 Page 2 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 concems 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 i safety, and another dwelling unit., Commr. Carter asked about the original access to the lot. Attachment 3 Planning Commission Minutes September 13, 2006 Page 3 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; VOS-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 findings and subject 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 Planning Commissiob,Minutes Attachment 3 September 13, 2006 Page 4 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. R/TA 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 _`�arncem arntsolicited ctarificatiamfnsrwstaff 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 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 dwellina 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 carried on a vote of 5:1. 6. Commission ADJOURMENT: With no further business before the commission, the meeting adjourned 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, CM Management Assistant Z-3 9 ' Attachment 3 CITY OF SAN LUIS OBISPO PLANNING COMMISSION AGENDA REPORT ITEM# 1+ BY: Jaime Hill, Associate Planner(781-7165) d"�- MEETING DATE: September 13, 2006 FROM: Pam Ricci, Senior Planner PR 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 Attachment 3 TA 226-05 (Citywide) - 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 i�-stetl3reogk. Sections which are provided for context that do not contain any changes eslaad 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 Plannine 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 { Attachment 3 TA 226-05 (Citywide) 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 2-ya Attachment 3 TA 226-05 (Citywide) 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 2_-13 �1 TA 226-05 (Citywide) Attachment 3 - 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: Attachment 1: August 9, 2006 Planning Commission Minutes and Resolution Attachment 2: August 16, 2006 ALUC Determination Attachment 3: Resolution recommending adoption of revised changes to Section 17 of the Municipal Code to the City Council Exhibit A: Zoning Regulations Text Changes G:VMII\GPA and RZ\226-05(Zoning Text Amendments)\Repocts\Planning Commission II\2006 PC rpt II.DOC 7� 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 Finding A, and Consistency Recommendations as amended in the staff report to include: `modifications on Page 4- 39 as follows: -Item (I) 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 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, 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 2 -ys County Government Center, San Luis Obispo CA 93408 Attachment 4 Staff Report 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 Citys 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 with 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 Pirie,tument 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, thele 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 ifs replacement cost immediately prior to such damage may be restored only if made to conform. However, FFwl1J4wWIy 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 17.16.0101=).(Ord. 1346(199:9 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 densi and 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 extsHng residential kind use that Is incarislstentwifh 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 comment 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 residentlal units located wifihlh the 55 d8 CNEL airport nolle contour and the design and construction of all new dwellings shall be adequate to mlflgate single-event avla- tfcn nolle 1,,Vacl In accordance whit Section 4.3.3 of this ALUP. Redevelopment of existing residential land uses Which Include structures extendlM to or above any dvll airport Imaginary surfaoe associated with the San Luis Obispo County Regional Airport wilt be allowed, but such redevelopment may not Increase the number of structures that penetrate airport Imaglnary surfaces nor the height by which airport ImagUary surfaces are exceeded. In addition, redevelopment of realclentlaf urdts dmfl not cre- ate a hazard to alr navlgattcm, as defined by Section 4.52-2 of this AWP, and shall comply with all requirements of Policy A-1 and Policy 0-1 In the some fashion as required for new ccrostructlrm. 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 dwelling units rivyr be establistied in the following zones: R-1, R-2; R-3,er4 R-0,crud O.tyluer7 fhe tr+�mary tu�se ort tiro sr?e is a s�Pe-�arrarll+tf�n�ffrna. 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 increasedensity 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 2-y� Attachment 4 Staff Report:City of Zoning Regulation inendment Page 3 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. 2-yf� Attachrrant 5 Deletedarc _ Proposed Text 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 Neighbeiltheqd gFecepi MaFketsm Convenience stores. 17.08.100 Child and adult day care. 17.08.110 Homeless shelters. 17.08.120 Location of pools and pool equipment. 17.08130 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 zonino 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 May GGFnbiRe reguires a combihation 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 GS or M zoning districts shall not exceed 24 density units per net acre,plus densfhr bonuses where applicable. A - 1 Deleted T-e*t _ Proposed Text AttachrT,ant 5 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 reguired.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 #requeRt customer access or have ethef 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)Attomeys,accountants and other low visitation consultants. Businesses with customer access shall maintain.at least one(1) on-site customer parkina space in addition to their required residential parking For the pumoses 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 tocustomers 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.) 3. 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. A - 2 Attachment 5 Deleted T-e*4 _ Proposed Text 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)sauare feet of advertising. 7. 8. The home occupation shall not encroach on any required parking, yard, or open space area. 8. 9. Parking for vehicles used in connection with the home occupation shall be provided in addition to parking required for the residence. .0. 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. 40. 11. No use shall create or cause noise,dust,vibration, smell,smoke,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.) 421. 13. Clients or customers shall not visit the home occupation between the hours of SAB p4R. 7.•00 p.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 (3) per week. No delivery or commercial nick-up shall be by vehicles larger than a typicat deliveiv 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. 9#Ota Werk is 2. ; Personal services, such as beauticians and estheticians (See Zoning Regulations Chapter-1.7.100): 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) A - 3 neletedtProposed Text Attachfriant 5 17.08.130 Live/Work 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 livetwork and work1live 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 islocated, 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, multifamily 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. 9. C. Replacement costs shall be determined by the ChiefBuilding Official, whose decision may be appealed to the Council E. 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 over50 years old where the existing building and any proposed additions or modifications are compatible with the surrounding neighborhood. F. E Exceptions to this chapter may be granted to allowmiRer nent-arm.0. dditions to nonconforming structures occupied by conforming uses, subject to a finding of consistency with the intent of this chapter. be appFeved by the Direnter with 2. 1. 9tha Conforming additions to residential structure st�asctares may be approved by the. Director without public hearina. �-s 2 A - 4 peletedTex-t _ Proposed Text Attachment 5 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)). Chalater 17.16.010 Density. A. Determination of Allowed Development 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 aR site aftersubtracting the area for any future 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: Table 1: Maximum Residential Density For Cross-Slope Categories Average Maximum Density Allowed(density units per net acre) Cross-Slope in% R-1 R-27 01 R-3 R-4 C-R,C-D, C-S,mu C-N C-T C-C M441J 0-15 7 12 18 24 36 24 16-20 4 6 9 12 36 24 21-25 2 4 6 8 36 24 26+ 1 1 2 3 4 36 1 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 A''arreaReled enclosed on all sides by development at least as dense and within the same cross-slope Cate itory as the proposed A - 5 Attachment 5 PeletedTe*6 _ Proposed Text — 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, 0, C-N, 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. D. What may Occupy Yards. 7. Unenclosed. Tandem Parking Spaces. For single dwellings where ta;;den; pa;king is the street --1 required parking may be approved by the Director to be in tandem where safe and compatible with the surrounding neighbgrhood._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: 1. The maximum height in any street yard shall be as shown in Figure 9; 2. The maximum height in any other yard shall be six feet; 3 Arbors trellises and other lightweight ornamental landscape elements are allowed within a required yard subiect 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 a part of the house, it may be any height allowed in the underlying zone. C. Fence height is measured from the around level along the lower side of the wall directly at the wall or fence. 2 -sy A - 6 �eiete � I Proposed Text Attachment 5 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 offences within required yards must have a minimum spacing of five feet to be considered distinct for purposes 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. 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-9202.50) Chapter 17.16.060 Parkins space requirements. D. Automobile trip reduction. By.anorovina an administrative use permit the Director may reduce the parking reguirteriient for projects implementing non-auto travel narticulariv for commuting, when it can be demonstrated that reduction of on-site narking 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 iustification for the reduction 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, emnlover-paid transit passes cashouts (i.e. trip reduction incentive plans), or off-peak work hours. D.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 party controlling the use. (Ord. 1006- 1 (part), 1984; Ord.941 - 1 (part), 1982: prior 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 around 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 —SS� A - 7 DeletedText Proposed Text Almchmant 5 i=.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 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. Q. 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. N.I. 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. L 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 reguired narking 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°L auto spaces a spaces bicycle spaces R-2, R-3, R-4 5% 100% d C-C, C-R, C-N, 15% 50% 40% C-D A - 8 Attachment 5 Delete:Fexp _ Proposed Text 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&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 attendants are other acceptable forms. Bicycles shall be narked vertically or horizontally with at least the rear fire resting at floor_level. d In addition to short- and long term parking reds fired 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 bicyclesep r unit. Chapter 17.16.120 Wireless telecommunications facilities. 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 require architectural review. 3. The applicant shall submit application materials and fees as required by the Community Development Department. 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 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 � s7 A - 9 Attachment 5 Proposed Text . Maximum Population Density. Zone (persons per net acre) R-1 21 R-2, O, C-N, C-T 25 R-3 40 R-4, C-R, C=C, CC-D 55 (Ord.941 -1(part),1982:prior code-9202.7(B)) Chapter 17.21:.SECONDARY DWELLING UNITS 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,and 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 with the w4dinaiwe and be reviewed for consistency With the City's.Community Design Guidelines and architecturafreview ordinance The director shall determine, upon receiving complete application, whether the projectors eF iacideRtaal it hall 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 aoDication 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 ofRd 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 17.22.010 Uses allowed by-zones. A - 10 Alachrr,ent 5 Deleted Tom � ._ Proposed Text A. Status of Uses. Uses within zones shall be as provided in Table 9, subject to parts B through 6 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; AID 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. G. Prohibition of Vacation Rentals. Vacation rentals are not allowed in any zone. H. Specific Plan Consistency. Some land subiect 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 subiect 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 Margarita Specific Plan Area.. f. Is not allowed by the Airport Land Use Plan Noise Policies.AirpeFt Safety AF z s9 A - 11 Attachment 5 Deleted Proposed Text u lY n by-Me AmFpeFt Landthat the use;A411-ha- s-e-RA-is-tent With the AlFpen I­_;aPd.1_IFtA it a use peFFAk 09 requiFed by Table appFevablen by the AiFpeFt LaAd Use Plan OR rhev as-allowed by Table 9, that us, FAakiR9 its The AiFpGFt 1-and- Use Gommissionmay determ-ine that-;a use- listed as"GORditiARally " ease the use pen;*shall be de Ried. 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. Avigation 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 reefers) will receive full and accurate disclosure conceming the noise safety or overflight impacts associated with airport operations prior to entering any contractual obligation to purchase, lease, rent or otherwise occuov anv 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) 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) A - 12 Deleted Proposed Text _ Attachment 5 Notes to Table 9• 1. O zone - All uses. A Use Permit is required for GF the conversion of residential structures to non-residential uses. In order to approve a Use . Permit,the Commission Directorshall 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. 14. 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 feetmay 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. 23 L. 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. 5} e. The project will not preclude service commercial uses in ureas especially suited for these uses when compared with medical services. &j 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. 12. C-S zone-Required findin-as for Indoor Commercial Recreational Facilities Commercial indoor rsereational uses in the C-S zone shall not include less than 10 000 square feet gross floor area Der establishment. The arwo-Val 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 Prciect will be compatible with existing and allowed land uses in the area: b. The Droiect location or access arrangements will not significantly direct traffic to use local or collector streets in residential zones: d. The Droiect will not Preclude industrial or service commercial uses in areas especia!!v suited for these uses when compared with recreational facilities;and e. The oroiect will not create a shortage of C-S-zoned land available for service commercial development. A - 13 Deleted-Tem Proposed Text l i Attachment 5 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 death-BO feet. Minimum lot width-50 feet. —& 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 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. 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 OF zone: 1• Office-Business and service; 2. Government agency administrative offices with infrequent visitation; 3.Youth, adult and GhaFitable 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: A - 14 Attachment 5 1�eleteet Proposed Text 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: 4- 1. Business support services: 2. Library, museum 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 visitthe 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 ; 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 F. Parking:Other sections of this Title notwithstanding, the Parking Requirements in the C-S 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. A - 15 Attach rr ent 5 deletederh _ Proposed Text 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 that 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 allowedbv Section 17.16.060 shall not be applicable in the C-D zone, as the reduced awkina_rates established in .17.42.020.F...1-3 are intended to Provide flexibility in meeting parking requirements and rely on-the consolidation of arkin . 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. 11.01 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) 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. f3. 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). P._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. 022 —4e 5/ A - 16 Deleted - Proposed Text _. Attachment 5 1=. 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 Q 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 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; 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). C. D.Maximum coverage: 75% (see also Section 17.16.030). 1). 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)) E. 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)) 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. A - 17 Deleted Text Proposed Text _, Attachment 5 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 areater.(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 cleariy.incidental, that allows.for normal conversation levels, andfor 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 livina room, bathrooms(s). pantry/closets (without windows and less than 70-square feet of floor area each), hallwav(s), laundry/utility room, and any room, including dining rooms that has a minimum of 50% open wall area with an adioining 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 exteriorwa/l 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 (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*teFieF face of the walls. (Ord. 941 —(part), 1982: prior code—9204.11 (part)) -�ee A - 18 Deleted Tem Proposed Text Attachment 5 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 R#Fig8FW9F, , OF a kitGhlEIRsink, and is intended to be used in conjunction with a primary residence that contains a kitchen. "Accessory structures`'shall be no larder than 450 square feet or50% 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• ovens1rhicrowave ovens-stoves. hotolates, refrigerators exceedina six cubic feet dishwashers garbage disposals sinks having a drain outlet of larger than 1.42-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: , , shops. PIFA 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 rimovies, television shows or radio programs are produced and recorded, including administrative and technical production administrative and production support offices post-production facilities (edltihi and sound recording studios foley staaes etc) optical and special effects units film orocessina 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 /ants. 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 boardhOlrooming houses which are separately defined. A - 19 Attachment 5 New Text(replacing original language above) city of san lues oalspo zonmq Reculations august 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,uroerit care Medical dental and other health services one oar 200 square feet crass ffoorarea A Wee- Medical service-Doctor office Medical dental and other health services,one oar 200 sauare feet cross floorarea 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 Boor area Office-Government Offices:one per 300 square feet gross Boor 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 Boor area Office-Production and administrative One space per 300 square feet gross Boor area Office-Professional Medical dental and other health services:one per 200 square feet gross Boor 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 Pape C.-5 Attachment 5 New or Revised Text(replacing original text above) crty of san Luis osispo zoning aequlatlons august 2006 TABLE 9-USES ALLOWED BY ZONE-Continued . Permit Requherflent by 2oning Dbt,,, ,. dtle ... SPeeft tue Land Use _I AQjClQSj III I RZ I R3 I 114 I PF gig;; C•N; r C•D Wt C-T C•s M BP Rogulatlons RECREATION,EDUCATION,b PUBLIC ASSEMBLY USES BarltavemD D D D D D Club,lodge,private meeting hall D D A D AID D D D Commercial recreadan tacddv-Indoor QSe P P P 1 P kaml i C 2= 17.oe.o6o Commercial recreation facility-Outdoor PC PC Educational conferences D D D D 17.08.010.C.6 Rlnesil health facility D A D D PC A A 0(10) Golf Course PC Library.museum I PC D D D D Weary,brarwh Willy D D D D Pfight clan I D D D D D D Chapter 17.95 Park,playground D D A A A A D D A A A Pubes assembly facliy PC D D D D PC Religious facility PC D D D D A D D D A DC7) DC7) DC7) Schad-Boarding scLr.rdd.cOe, ary.niddle, secondary PC PC School•Cdte9e,unis PC School-College,uniite classroom facility School-Elementary, dary PC PC D D PC D School-Specialized nln0 PC ND $AfDA A A Special event D D D D D D D 17.08,010 Sports and active recreation facility PC PC PC Sports and entertainment assembly facilityPC Studio-Art,dance,martial arts,music,etc. AID PC A Theater PC8D D(10) Chapter5.40 Theater•Drive-in PC PC RESIDENTIAL USES BoardingftWing house,donMtory PC D WHH Chapter 17.20 Caretaker quarters A A A A A A A A A D Convents and monasteries PC A "A Fraternity,sorority PC PC High occupancy residential use D D Home occupation H H H H H H H H17.09.090 Uve/work wits 17.08.120 wQ1Yerk 0& A P P 17oa.13o Mixed-use project A A A A PC PC 1708.072 Moble home w temporary residence at building site A A A A A A A A Moble home park A A A A Multi-famiy dmllings A A A A D DD Rasklentialcam Mcmt/e -6atewer MSIdent= P A P PP PP PP dip BPRP Resdential care Iaciales-7 or more residents P snareramm dwlm as p 99 P d B Q WorM!ve units D D 17.08.130 Key: A-Allowed D=Directors Use Permit approval required PC-Planning Commission Use Permit approval required AM=DlfectorS approval on ground floor,allowed on second floor or above H=Home Occupation Permit required Note: Footnotes affecting speik land uses follow the table. pace B-2 Attachment 5 New or Revised Text!replacing original above) My of san lugs ompo . zonlnq REGuldtlons aLIQUISt 2006 TABLE 9-USES ALLOWED BY ZONE-Continued . ... . . Permit Requirement by zoning District. Specme use _Land Use AG Iftill M 11 FM I R9 I R4 I PF D(1) C-N C-C GD C-R CT CS M BP Regulations SERVICES-BUSINESS,FINANCIAL&PROFESSIONAL ATMs A A A A A A A I A A Ran Ms and fnandw services A A A A D(4) D(4) D(10) Business support services A A A/DD A A A A Medcal service-Cfinb,laboratory,urgent cam D D D A D(12) D(12) Meckel service-Doctor office A AID ND A D(12) D(12) Marital service-Erdanded care PC PC D PC PC D Mescal service-Hospbal PC PC Olflca-Accessary A A A A A A A A Office-Business and service A A EA 0 Ofbe-Govemmem D PC P Office-Processing D D(4) A Office-Production and administrative A AID D(4) A Office-Professional A A/D D(10) Ogle-Tertyorery See Section 17.08.010.0 Photogmphar,photographic studio A ND A PC A SERVICES-GENERAL Catering service 0 D A D A I A Cemetery,rrausdeum.edurtbadum PC PC PC PC PC PC PC PC PC PC CePyfn9 and Ouick Printer Service A A A A A A A A Daycare-Day cam center D(9) D(9) D(9) D(9) D(9) A A A AID A D(9) D(9)I D(9) 0(10) 17.08.100 Day earn-Family day care home A A A A A A A A A A A A 1 1 17.08.100 Equipment rental A A D(10) Food benWpackaged food distribution center D 0 Naneless shermr L� � � � � PC � �. 77.OB.110 - Maintenance service,client site services A A PC MorWary.funeral home D D A D Personal services A A A A D A D(f0) Personal services-Restricted D D Public eatery fac109es PC PCO 0) Pudic u81try facilities PC A A 17.08.080 Repair service-Equipment,large appliances, do 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 Vehkm services-Repair and maintenance- Minor PC D A A D Vehide services-Canvash D D PC D I D Veterinary dinic hospitA boardng,large animal PC PC D D �Ubtd1�� I a am/mat t'd0O1P P 8 dIP B d e ernaryg,s _ animal.outdoor 77� D Key: A-Aflowed D-Directors Use Permil approval required PC=Planning Commission Use Permit approval mcMmd AID=Directors approval on gromd floor,slowed on second Boor or above Note•. Footnotes affecflng speifc land was Vow the table. Pra�ce B-4 - 70 Attachment 5 el y IM M try New or Revised Text(replacing original text above) city Of San LUIS OBISpO aU[Qust 2006 zonmq RecuLations TABLE 9-USES ALLOWED BY ZONE-Continued .'. Permit Requirement byZosing DlsViot -„ Specific uw Lantl Use -._. _"I A13 j GCS RT 11 R2 I R9 4 1 PF O(T) GN CC, GD 'C-R C-T. CS M:..BP Regulations TRANSPORTATION&COMMUNICATIONS Airport PC PC PC D Anbulance,tap,and/or Ilnousine dispatch facility A D D(10) Antennas and rekmdnmunkatiorts taenMes P P P P P P P P P P P 17.16.120 Meda Production-Broadcast sfudg fl &P A fl 8 fl Media Production-Back/olsbutdoor laCOMRS andsoundstaaes P P P Heliport PC PC PC Parking facility PC(6)PC(6) PC(6) D(6) D(6) D(6) Parking facility-Mul&level PC(6)PC(6) PC(6)PC(6) PC(6)PC(6) Parting facllity-Temporary PC D D D D D D D D 17.06.010 Raiimad twili6es D A Transit station or tenrdnal PC PC PC D A Transit stop A A A A A A A A TnAk or freight terrdnal A A D Water and wastewater bCatnent plants and services PC PC Key: A=Mowed D-Directors Use Pemdt approval required PC=Planning Commission Use Penult approval required M-Directors approval on ground floor,allowed on second floor or above Note: Footnotes effecting spec land uses follow the table. page s-s � —/� AttacrmOrt 6 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 public hearings in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo, California, on October 17, 2006 and December 5, 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 z-�-2- Attachment 6 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. 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: c. City Attorney Jonathan Lowell G:VHill\GPA and RZU26-05(Zoning Text Annendments)\Reports\City CounciMrd hearing\CC Ordinance XXXX(R 226-05).doc �-73 Attachment 6 Zoning Regulations Exhibit "N' 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 Livetwork and work/live units. 17.08.010 Temporary and Intermittent Uses. A. Purpose and Intent .The provisions cod"rfied 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. 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. A - 1 Attachment 6 " 17.08.090 Home Occupations Exhlblt , 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. 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 the home occupation by street address except that street address may be included on business cards and business correspondence originating from the home. ,2 — 75-- A - 2 Hnacnmant e Exhibit "K 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 noisei 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; 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) A - 3 �1 Attachment 6 17.08.130 Live/Work and Work/Live Units Exhibit "N" 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 restoredonly 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. 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 additions to nonconforming structures occupied by conforming uses, subject to a finding of consistency with the intent of this chapter. 1. Conforming additions to residential structures may be approved by the Director without public hearing. 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.E2A). (Ord. 1365(2000 Series)(part)) 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. A - 4 - Attachment 6 Exhibit "A" 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 after subtracting the area for any future 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: 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, GS, M C-N, C-T C-C 0-15 7 12 18 24 36 24 16-20 4 6 _ 9 12 36 24- 21-25 2 4 6 __ 8 36 24 26+ 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. A - 5 Attachment 6 Exhibit " 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, to 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, 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, D. What may Occupy Yards. 7. Unenclosed. Tandem Parking Spaces. For single dwellings 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: 1. The maximum height in any street yard.shall be as shown in Figure 9; 2. The maximum height in any other yard shall be six-feet; 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 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 conceming 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 A - 6 � AttachMPrt 6 Exhibit "All fl and without further notice or public hearing. (Ord. 1006- 1 (part), 1984; Ord..941 -1 (part), 1982:0' Odor code-9202.50) Chapter 17.16.060 Parking space requirements. D. 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, employer-paid transit passes, cashouts (i.e. trip reduction incentive plans), or off-peak work hours. E. Oft-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)) 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 guidelines for bicycle parking can be found in the Citys 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 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 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. H. Uses Not Listed. A 7 Attachment 6 ° t A 11 The Director shall determine the parking requirement for uses which are i heeWm% determination shall be based on similarity to listed uses; and may be appealed to the Planning Commission. 1. 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.. 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 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 required short-term°bicycle long-term dd auto spaces' spaces bicycle spaces R-2, R-3, R-4 5% 100% — 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&ride lots 10% -- 100% a Requirements apply to uses that require 10 or more vehicle parking spaces. When less that �/2 space is calculated, one space is required. O / A - 8 -� Attachment 6 Exhibit "K 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 per unit. Chapter_17.16.120 Wireless telecommunications facilities. 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 require architectural review. 3: The applicant shall submit application materials and fees as required by the Community Development Department. 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 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) 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)) A 9 - Attachment 6 Exhibit "N' Chapter 17.21: SECONDARY DWELLING_UNITS. 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 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 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 17.5 8.020 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. A - 10 Attachrr ert 6 Exhibit "K G. Prohibition of Vacation Rentals. Vacation rentals are not allowed in any zone. H. 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. I. 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 Margarita Specific Plan Area. I. Is not allowed by the Airport Land Use Plan Noise Policies. 2. Notwithstanding section 17.22.010G.1 above, the provisions of this section are not intended to supersede the provisions of Article 3.5 of the Public Utilities Code commencing with section 21670. 3. Avigation 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 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 A - 11 �gAttachment 6 Exhibit "All 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• 1. 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.. 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 - 12 Attachment 6 Exhibit "A" 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; b. The project location or access arrangements 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 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 conceming 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; 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.Off ice-Business and service; A - .13 Attachment 6 Exhibit 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; B. 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 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; 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; 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 F. Parking: Other sections of this Title notwithstanding, the Parking Requirements in the C-D zone shall be as follows: A - 14 Affachment 6 Exhibit °A" 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; 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 R4.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. A - 15 Attachment 6 Exhibit °A" C. Maximum height: 35 feet(see also Section 17.16.020 and 17.16.0.40). 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 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 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)) Chapter 17.62: Planned Development A - 16 Attachment 6 Exhibit IIA° 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. 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 z -90 A - 17 Attachment 6 Exhibit "N." 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 (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 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 11 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: 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. 2- 9/ A - 18 Attachment 6 city of san lues ompo Exhibit nNo zonlnq REC4uldtlons AUCIUSC 2006 TABLE 6-PARKING REQUIREMENTS BY USE Type of Use Number of Off-fleet 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. Medical service-Doctor office Medical dental and other health services:one per 200 square feet gross Boor area. 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 Posed seats or one per 40 square feet of seating area without Pored seats. Post offices One space per 300 square feet office,sorting,customer service area plus one space per S00 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 Attachment 6 crty of sun lues osispo _ Exhibit "A" zoning izsqulatlons AUQUSt 2006 TABLE 9-USES ALLOWED BY ZONE-Continued Permit Requirement by Zoning District specific use Land Use I AG CIO$ Rt I R2 I R3 I R4 I PF 10(l)IC-NC-C GD GR 6T C-S M BP Regulations RECREATION,EDUCATION,&PUBLIC ASSEMBLY USES Bar/levem I I 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 D(12) PC D(10) 17.08.060 Commercial recreation facility-Outdoor PC PC Educational conferences D D D D 17.08.010.C.6 Flstess/health facility D A D D PC A A D(10) Goa Course PC Library,museum PC I I D D D - 0 Library,brands facility D D D D Night dub D D D D D D Chapter 17.95 Park playground D D A A A A D D A A A Public assembly facility PC D 0 D D PC Religious facility PC D D D D A D D D A D(7) D(7) D(7) School-Boarding school.elementary,middle, secondary PC PC School-College,university campus PC School-College-university-Satellite classroom facility School-Elamentery,middle,secondary PC PC D D PC D School-Spedaazed eduratioNhaining PC AD AD A A A Special event 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,musk.etc. AID AID A PC A Theater D D D D(10) Chapter 5.40 PC(8) Theater-Drive-In PC PC RESIDENTIAL USES Boardinghoomvg house,dormitory PC D D D Chapter 1720 Caretaker quarters A A A A A A A A A A A A A A A D Convents and monasteries PC A A D Fraternity.somrlty PC PC High occupancy residernial use D D Home occupation H H H H H H H H H H H H H H 17.08.090 Live/Work units I I I I A I A A I A 17.08.130 Mixed-use project A A A A A A PC PC 17.08.072 Mobile tame as temporary resldence at building site A A A A A A A A . Mobile home park A A A A MultRamiy dwellings A A A D D D Residential care facilities-6 or fewer residents A A A A A A AD AD AD 0 Residential rare facilities-7 or more residents A A A A A 0 A/D AID 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 Nota: Footnotes affecting speific land uses follow the table. pats B-2 — �'3 Attachment 6 -� city of san tu°s os°spo Exhibit '°A°' zonlnq 2equ°atlons auqust 2006 TABLE 9-USES ALLOWED BY ZONE-Continued Permit Requirement by Zoning DisMat Spume use Land Use I AO I CLOS R1 I FM 1 R9 I R4 I PF O(1) C-N I C-C 11 C`D I C-R I C-T I C-S I M BP Regulations SERVICES-BUSINESS,FINANCIAL&PROFESSIONAL ATMs A 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 rare D D D A D(12) D(12) A1ledbal 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 I 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 AtD A/D A D(4) D(4) A Office-Professional A i AID A/D A D(10) Office-Temporary See Section 17.08.010.0 Photographer,photographic studio A AID A PC A SERVICES-GENERAL Catering service D D A D A A Cemetery,mausoleum,columbarium PC PC PC PC PC PC PC PC PC PC Copying and Quick Pinner 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 ND A 1)(9) 0(9) 1)(9)1 D(10)1 17.08.100 Day pre-Family day care home A A A A A A A A A A A A 1 1 17.08.100 Equipment rental A A D(10) Food bank/packaged food distribution center I I D D Homeless shelter _ PC PC PC PC PC PC I PC PC 17.08.110 .—Maintenance service,client she services I 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 fadfitles PC A A 17.08.080 Repair service-Equipment,targe 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- Ma)or A A D Vehicle services-Repair and maintenance- Mmor PC D I A A D Vehicle services-Carwash D D PC D D Veterinary eankllaspital,boarding,large animal PC PC D D Veterxmry hosp 1,boarding,small animal, —41 indoor D D A AID A A veterinary clincAtospital, .small anima, ::T— outdoor D 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 spee'ic land uses follow the table. page s-4 � - 95' Attachment 6 Exh isuiIt "A" city of san s omspo aucust 2006 zoninc rzEGulations TABLE 9.USES ALLOWED BY ZONE-Continued Permit Requirement by zoning Dlswei „� Land Use AO GDS Ri It? FO R4 PF O(t) C-N C C C•D C-R C-T CS M BP Regulations TRANSPORTATION&COMMUNICATIONS AbW PC PC PC I D Ambulance,m)d,and/or Iknousine dispatch faculty A D D(10) Ardennes and telecommunkations facilities D D D D D D D D D D D 17.16.120 Media Production-Broadcast studio A AID A A A A Media Production-Backknaloutdoor facilities and sdlmd5tage3 D D D Heliport PC PC PC Parkhq facility PC(6)PC(6) PC(6) D(6) D(6) D(6) Parking facility-Multi-level PC(6)PC(6) PC(6)PC(6) PC(6)PC(6) Parking factTty-Temporary PC D D D D D D D D 17.08.010 Railroad facilities D A Transit station or terminal PC PC PC D A Transit stop I A A A A A A A A Truck or freigm terminalA A JDAWater and wastewater treatment plants andservices Key: A=Allowed D=Director's Use Permit approval required PC=Planting Commission Use Permit approval required AID=Director's approval on ground floor,allowed on second floor or above Note: Footnotes affeGtg spelric land uses follow the table. paces s DEC-04-.2006 15:42 From:CYDNEY HOLCOMB 805 594 0365 To:81257817109 P.1/2 t RED FILE DA MEING AGENDA RECEIVED ITEM #�_ ` / DEC p , L006 IW SLO CITY CLERK Residents for Quality Neighbo P.O. Box 12604 •San Luis Obispo, CA 93406 COUNCIL CDD DIR )ICAO [rZy FIN DIR DATE: December 4, 2006 IaATTO NEY C FIRE CHIEF i TO: San Luis Obispo City Council CLER PO DIR f�CLERK/ORIQ 0 0 POLICE CHF VIA: Fax to: 781-7109 ❑ D�T EAD5 2 REC DIR RE: MEETING DATE: 12-5-06, ITEM # PH-2 �', I 2r UTIL DIR �1(iL_ !2T HR�D,I A SUBJECT: ZONING REGULATIONS (CHAPTER 17 OF THE MUNICIPAL CODE) -' IIdOR AMENDMENTS, CLARIFICATION, AND ENVIRONMENTAL REVIEW (R/TA, ER226 - 06). Honorable Mayor and Members of the City Council, RQN has reviewed the proposed amendments to the Zoning Regulations (Chapter 17 of the Municipal Code) and offers the following comments and recommended action: §17.08.090 - Nome Occupations (pp 2-50, 2-51) C. General Requirements (,MWentw The intent of the Home Occupation is to allow the conduct of home enterprises that are incidental to and compatible with residential uses. Action: 2. Change (a), (b), and (c) to allow no more than 4 customgCk or talents In any one day. 7. Add the following language: Licensed vehicles and trailers useig in conn ion with a home occupation are limited to ane (1) additional vehide andlar tG&(e�, 9. Change to read: "Parking for l=s. vehicles, includ/ng trailers, used in connection with the home occupation shall be provided in addition to parking required for the residence." 13. Change to read. "Clients or customers shall not visit the home occupation between the hours of 5:30 pm and 8:00 am Monday through Friday and between the hours of 4.00 cnamd 10:00 am on Saturday and Sunday. D. Prohibited uses �QO< S. To be consistent with C2(b) change to read: " Medical offices, clinics, laboratories, except that counseling is permitted, when no more than one client visit ep gFeup session is held at one time." DEC-04-2006 15:42 From:CYDNEY HOLCOMB 805 594 0365 To:8057817109 P.2/2 I December 4 2006 ZONING REGULATIONS UPDATE Page 2 §17.16.010 - Density (pp 2-53, 2-s4) A _ Determination of Allowed Development Comment: 2. The proposed text change following Table 1, which pertains to infill in single-family neighborhoods, appears to be inconsistent with the definition of "Infill Housing" in the newly adapted Housing Element. It states: "INFILL HOUSING: Development of housing on vacant lots within the City limits on property zoned for such uses.a The proposed change may also be inconsistent with the City's Hillside Standards. §17.100 - Definitions (pp 2-66, 2-67) 62t Accessory. Restrict the size of "accessory structures" to a maximum of 450 sauare feet or 5046 of the primary structure whichever is less. Guest House. Restrict the size to a maximum of 450 sayare feet or 50% of the primary structure whichever is less. Add language to prohibit the rental of q �( ho Comment- Because of the speculative nature of housing in San Luis Obispo we believe that there is a need to create a definition for "Guest Room" In addition to Guest House. Action: Add the following language: Guest Roam An)f room ar rooms used or intended to be used by a Sugg far$ke�Qngnumoses in a onindpal or detached accessory building, but w/thout a kitchen. In summation, we thank you for the opportunity to review and comment on this well prepared document. Respectffuully submitted, 4,20., ll (/�•*061 Brett Cross Chairperson, RQN c. Jaime Hill - Associate Planner - 781-7173