HomeMy WebLinkAbout09/07/2010, PH2 - REVIEW OF AMENDMENTS TO MUNICIPAL CODE TITLE 17: ZONING REGULATIONS. I � I
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CITY OF SAN LUIS OBI SPO
FROM: John Mandeville, Community Development Director
Prepared By: Brian Leveille, Associate Planner
SUBJECT: REVIEW OF AMENDMENTS TO MUNICIPAL CODE TITLE 17:
ZONING REGULATIONS.
RECOMMENDATION
As recommended by the Planning Commission, introduce an ordinance to approve the Negative
Declaration of Environmental Impact (ER 3-10) and adopt the proposed amendments to Title 17
(Zoning Regulations) of the Municipal Code.
DISCUSSION
Report-in-Brief
Consistent with on-going efforts to update and improve various development regulations, the
Community Development Department has prepared a draft update to the City's Zoning
Regulations. Periodic review of City documents is necessary to ensure that regulations are clear,
consistent, effectively implement the goals and policies established by City Council, and remain
current with respect to relevant state regulations. The last update to the Zoning Regulations was
completed one year ago in June, 2009. Planning staff is committed to annually updating the
Zoning Regulations to reflect current best practices and minimize the number of interpretations
necessary for their implementation. Based on direction from the Planning Commission and City
Council over the past year, and staff's experience working daily with the document, several
corrections, updates, and modifications are recommended(Attachment 1).
The Municipal Code states that Zoning Regulations will be interpreted in a manner consistent
with the General Plan. The revisions clarify and advance City goals and policies, provide for
internal consistency, and correct typographical errors. Specific chapters that contain more
substantive revisions are discussed below. Proposed new language in the Zoning Regulations is
underlined, and proposed deleted language is shown in,st�ough.. Changes to the two tables,
Table 9 (Uses Allowed by Zone), and Table 6 (Parking Requirements by Use), are shown
'talicized and shaded.
Planning Commission Recommendation
On April 28, 2010, the Planning Commission, on a 7-0 vote recommended that the City Council
approve the Negative Declaration of Environmental Impact and adopt the proposed amendments
to the Zoning Regulations, with modifications (see Meeting Update, Attachment 2). Staff
responded to numerous questions and discussion with the Commission regarding the proposed
changes.
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Council Agenda Report—GPI 3-10
September 7,2010
Page 2
The primary modifications made by the Commission were to density provisions for the R-2 zone,
and requirements designed to limit front yard parking on residential properties. Staff has
provided a summary of more substantive proposed revisions below, along with a summary of
Planning Commission discussion and recommendations.
Main Areas of Discussion
Chapter 17.08.010.B. (Uses Allowed in Several Zones)
Staff has added language to better define the types of events that qualify as temporary or
intermittent uses. City sign regulations do not allow banner signs and other types of temporary
signs unless approved in conjunction with an approved temporary or special event. Staff has been
receiving requests and inquiries on the approval of a "temporary event" for the primary purpose
of establishing additional signage. The added language should help clarify the intent of this
section.
Chanter 17.08.010.B.8 (Uses Allowed in Several Zones)
Additional language has been added to allow for Director approval of certain small scale events
with limited duration and potential impact. Currently, an administrative use permit (and hearing)
is required for all temporary events. This change will have the effect of allowing for lower fees
and reduced processing time for small scale, short-term temporary events such as grand openings.
C_hapter.17.08.110 (Homeless Shelters)
Modifications to Homeless Shelter requirements are consistent with recently adopted Housing
Element Policy. Housing Element Policy 8.19 requires an update of the Zoning Code to allow
Homeless Shelters by right, consistent with standards identified in State law, with input from
service agencies. The Zoning Code was already consistent with State law in allowing ministerial
review of Homeless Shelters in the Public Facilities zone (PF) but was not consistent with State
law for the requirement to establish objective standard requirements. Objective standards have
been added following recommendations from Community Action Partners of San Luis Obispo
County(CAPSLO) which operates the Prado Day Center and Maxine Lewis Memorial Shelter.
The Planning Commission made modifications to this section by removing a specific limit to the
length of stay for clients and adding a provision that the length of stay should be determined in
the facility's management plan. The Commission also removed a finding for approval to locate a
homeless facility within 300 feet of another facility. The Commission removed the provision
which would have required a finding that no other reasonable site is available and that the
additional shelter site provides services that complement the existing site. The Commission
discussed that the required finding would have been difficult to make under almost any scenario
since it could be a subjective determination whether there are other reasonable sites available.
Council Agenda Report—GPI 3-10
September 7,2010
Page 3
Chapter 17.16.010.A.2 (Density)
The Medium-Density Residential Zone (R-2) allows for 12 density units/acre. This has been an
ongoing issue for single family residences in the R2 zone when the maximum bedroom count is
severely limited by the density factor. Under the existing code, to calculate maximum number of
bedrooms in the R-2 zone, any parcel not exceeding 5,425 square feet could only have a two
bedroom dwelling.
Calculation Example:
Net area(acres)x units/acre= units
.1245 acres (5,425 sq. ft.) x 12 (R-2 du/acre)= 1.49 density units
A three-bedroom unit requires 1.50 density units so in the example above, only a two bedroom
single family home would be allowed. Lot sizes such as those in the above scenario which are
5,425 square feet or less are not uncommon. The R-2 zone is intended to allow for a higher
potential density than the single family (R-1 zone). In the R-1 zone, up to five bedrooms can be
allowed in single family residences on parcels of any size. This change would set the same
standard for the R-2 zone.
The Medium-Density Residential Zone(R-2) contains many single family homes. There are also
single-family homes in other zones, but since the R-3 zone allows for 18 density units/acre, and
the R-4 zone allows for 24 density units/acre, it has been possible to achieve reasonable
development of these properties. Under the above scenario, a 5,425 square foot (.1245 acres)
parcel in the R-3 zone would allow four bedrooms, and the R-4 zoned property would allow a
maximum of five bedrooms.
In order to allow for residential development of R-2 zoned properties as intended, the Planning
Commission has recommended an amendment to Zoning Code density provisions to allow single
family residences without density unit value restrictions, similar to what is allowed in the R-1
zone. This revision would allow development of a 3-bedroom house described in the above
scenario regardless of lot size provided other property development standards (i.e. setbacks,
coverage) could be met. Existing multi-family properties and proposed multi-family
development would continue to be based on current density unit value restrictions (12 density
units/acre). Both the single family and multi-family development in R-2 zones would remain
consistent with the General Plan density limits for Medium Density Residential Districts.
Staff recommended changes are also reflected in Chapter 17.26.
Chapter 17.16.060.J.1. (Tandem Parking)
Additional language has been added to establish intent for when tandem parking may be
permissible and to clarify that tandem parking is not intended to allow for garage conversions.
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Council Agenda Report—GPI 3-10
September 7,2010
Page_4
This revision is intended to help maintain the ability to park in the garage and reduce the on-
street parking in neighborhoods.
Chapter 17.17.075 (Neighborhood Preservation)
Receptacles in front yard area
Language has been added which clearly establishes that garbage and recycling enclosures are
among items that may not be left within the front yard area unless placed for collection and for a
limited time following pickup. The new section cites existing Municipal Code section 8.04
which requires that containers shall not be placed adjacent to the street more than 24 hours
before pickup time and containers must be removed within the 12-hour period following pickup.
This language is in response to complaints from neighborhoods of trash and recycling
receptacles left visible in front yards and ongoing code enforcement issues. Planning staff's draft
amendments on this item placed these provisions within the section on Property Maintenance
Standards (17.17.040) which would have allowed trash receptacles in front yards with adequate
screening. The Planning Commission was concerned that issues with receptacles in the front
yard area would continue since the screening requirement could lead to unsightly enclosures and
confusion over what would be considered "adequate screening." With the section moved to the.
Neighborhood Preservation section (17.17.075) it should now be clear that receptacles may not
be left within the front yard area unless in compliance with Municipal Code section 8.04 (Solid
Waste Disposal).
Parking in Front Yard Areas
Chanter 17.17.040 (Visible storage or maintenance) &Chapter 17.17.050 (Front yard paving)
Parking in front yard areas outside of the driveway has been an ongoing issue in neighborhoods.
The issue has been particularly serious in neighborhoods with parking districts with a limited
number of on street permits. On many properties in these neighborhoods, vehicles are parking
next to driveways within the landscaped area of the front yard, or additional driveway space has
been paved next to driveways (Figure 1, below).
In order to clarify where vehicles may legally be parked in front yard areas, staff's recommended
modifications to the Planning Commission included language which stated vehicles may only be
parked within driveway areas. The added language also referenced existing regulations from
Parking and Driveway Standards section which state driveways may not exceed the width of the
curb opening in conformance with engineering standards. Staff also included the "front yard"
definition which has been confused with the front yard setback area which is 20 feet from the
street yard property line in most cases. To address parking next to driveways, staff also proposed
a revision to the front yard parking regulations (17.17.050) which would have prohibited
additional paving next to driveways wide enough to allow access to illegal parking.
Council Agenda Report—GPI 3-10
September 7,2010
Page 5
Y._
- 4
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Figure 1.Example of illegal front yard parking
The Planning Commission was concerned that staff's recommended amendments to front yard
parking were meant to address front yard parking in typical single family neighborhoods with
two-car garages and driveway space for two cars. The Planning Commission discussed that new
regulations could be overly restrictive for situations where properties may have different parking
arrangements such as single car driveways or where driveways have been widened beyond the
width of the curb opening. The Planning Commission was not comfortable moving forward
with any revisions to this section until its concerns were addressed.
Parking in front yard areas off driveways and approved parking surfaces can have a negative
impact on neighborhood quality. Provided the Council agrees, staff will bring back amendments
on this issue to the Planning Commission and City Council. By working on this code amendment
with a more focused approach, it should be possible to address the front yard parking issue while
providing enough flexibility for the various configurations of residential development in the
City.
The Planning Commission was also concerned with proposed modifications to the Fences,
Walls, and Hedges Section, 17.16.050. This is the second item that staff will be returning to the
Commission in the fall.
Chapter 17.100.R. (Definitions)
Definitions have been added including: Building envelope and Building footprint, Coverage, and
Development envelope. In a recent Planning Commission review of a subdivision proposal it
became apparent that these definitions can be helpful in the review and conditioning of
?// Z-S
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Council Agenda Report—GPI 3-10
September 7,2010
Page 6
development projects. The definition for a "Hedge" was added to help clarify applicability of
fence height regulations. The recent efforts to relocate the Greyhound bus services highlighted
the need for "transit" definitions. Definitions for "Transit station or Terminal", and "Transit
stop"have been added.
The Personal services definition was modified to list pet grooming as an example of a personal
services use.
Environmental Review
Amendments of the Municipal Code pertaining to land use regulations are not exempt from the
California Environmental Quality Act and therefore are subject to an environmental
determination. The Initial Study of Environmental Impact prepared for the project did not
identify any impacts that were considered significant and unavoidable (Attachment 5). A
Negative Declaration of environmental impact was recommended by the Planning Commission
on April 28, 2010. Final adoption of the Negative Declaration requires City Council approval.
Staff Recommended Changes Since the Planning Commission Meeting
Since the Planning Commission meeting, two changes have been proposed for clarification. The
homeless shelters language should state the requirements were for homeless shelters within the
PF zone where they are an allowed use. Homeless shelters in other zones, require use permit
review and may be subject to conditions of approval which vary from the listed standards.
Another amendment which the Commission reviewed, expanded the definition of restaurants and
is one of the eight policy areas of the Alcohol Outlet Study. It will be better addressed as part of
the more comprehensive review identified for further consideration by the Council. The Police
Chief and downtown stakeholders agree that the restaurant issue should be included in the
entertainment district study and not as a separate issue.
On July 6, 2010, the City Council adopted the Water and Wastewater Element of the General
Plan, which was reviewed by the Planning Commission on June 9, 2010. Consistent with the
updated Water and Wastewater Element, Water Allocation Regulations, Section 17.89 of the
Zoning Code is no longer in effect and should be repealed.
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. Accordingly, since the proposed
amendments are consistent with the General Plan, it has a neutral fiscal impact.
ALTERNATIVES
1. The Council could approve the proposed text amendments with additional modifications.
/V/C/2
Council Agenda Report—GPI 3-10
September 7,2010
Page 7
2. The Council could determine that the proposed modifications would be inconsistent with
the General Plan and/or other policy documents, and therefore not approve the text
amendments.
3. The Council could continue review of the proposed text amendments, and provide
direction to staff for research and revisions.
ATTACHMENTS
1. Text amendments (legislative draft)with Planning Commission modifications
2. Planning Commission Resolution No. 5522-09
3. Planning Commission minutes, PC meeting of April 28, 2010
4. Initial Study of Environmental Impact(ER 3-10)
5. Draft ordinance introducing the text amendments
G:\bleveille\Zoning Update Info\CC Docs\GPI 3-10,Council Agenda Report.doc
Attachment 1
city of san Luis osispo
July 2010 zonmG Reculations
Chapter 17.08: Uses Allowed In Several Zones
Sections:
17.08.010 Temporary uses.
17.08.020 Outdoor sales.
17.08.030 Service stations.
17.08.040 Concurrent sales of motor fuel and alcoholic beverages.
17.08.050 Vending machines.
17.08.060 Electronic game amusement centers.
17.08.072 Mixed Use projects.
17.08.080 Public utilities.
17.08.090 Home occupations.
17.08.095 Neighborhood grocery markets.
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 codified in this chapter provide for certain
temporary and intermittent uses. It establishes standards and procedures to assure
that such uses are compatible with their surroundings and the intent of these
regulations.
In approving a temporary or intermittent use, the Director may establish requirements
related to, but not limited to, days and hours of operation, parking, temporary
structures, and site planning, in addition to performance standards specified below.
The Director shall determine the extent to which any permanent on-site parking and
other facilities may satisfy the requirements for the proposed use. A temporary use
approval is not intended to allow a land use that is not allowed in the primary zoning
district, other than in the specific cases listed in Section C.
The Director may refer any proposed temporary or intermittent use to an
administrative hearing or to the Planning Commission for action.
B. Definitions. A temporary use is one which is established at a particular location for
less than one year. An intermittent use is one which occurs no more than 90 days in
a year, but which may continue from year-to-year. Temporary and intermittent.uses
for businesses shall consist of activities that represent a variation from the normal
business operations, e.g. parking lot sales, benefits, and special events. Temporary
and Intermittent Uses are not intended to serve the primary purpose of allowing
flexibility from Sign Regulations or other City Codes.
page 5
D ---) Attachment 1
city of san tuts OSISPO
,luly 2oio zonmq Requlations
facilities during educational conferences shall not exceed the maximum
established by any prior City approval for residential occupancy.
7. Parades, Carnivals, Fairs, Festivals.
Use of privately owned property for parades, carnivals, fairs, and festivals
requires approval of an administrative use permit. Where these events involve
public property, coordination with the City Clerk's Office is required.
8. Other Temporary or Intermittent Uses.
Upon approval of an administrative use permit, the Director may approve other
temporary or intermittent uses, including but not limited to: musical events,
auctions, estate sales, clothing outlet sales, nonprofit benefits,,parking lot sales,
and car shows. At the discretion of the Director, certain small scale events with
limited duration, consisting of activities with no ootential=to detrimentally affect
those working and.living in the_vicinity may be-allowed through administrative
action without a public hearing.
17.08.020 Outdoor sales.
A- Sales of Christmas Trees and Other Agricultural Products. Upon written approval
by the Director, premises within non-residential zones may be used for the sale of
Christmas trees, pumpkins, flowers,or seasonal produce, subject to the following
requirements and any other conditions that the Director deems necessary:
1. Sales shall be limited to Christmas trees, pumpkins, or seasonal produce and
related accessory items only, as specified in the letter of approval.
2. Sales of Christmas trees shall not be conducted before Thanksgiving or after
December 26. The duration of pumpkin and seasonal produce sales shall be
subject to Director approval.
3. The site shall be maintained in a neat and orderly manner at all times. All sales
items, sales equipment, temporary power poles, other temporary structures, and
signage shall be kept behind a 10-foot setback from all street rights-of-way and
they shall be removed within 10 days after the close of the sale. Trash and
recycling receptacles shall be provided in a convenient location for customers.
4. A camper or trailer for overnight security may be parked on-site, for the duration.
of the permit, if kept more than 10 feet back from the street right-of-way.
5. A sign permit shall be obtained for any proposed signage. Maximum sign area
shall not exceed 32 square feet. No bunting strips, banners, flags, whirligigs, or
other attention-getting devices shall be displayed on site without Director
approval.
6. When the use is temporary or intermittent, the applicant may be required to post
a refundable deposit, set by the Community Development Director, with the
Community Development Department to assure site clean-up, if necessary.
Deposit shall be in the form of a cashier's check and shall be made prior to
occupying the site.
7. Outdoor sales lots are subject to all.fire safety measures, including location of fire
extinguishers, as required by the Fire Marshal.
8. Any Christmas trees sold for use in public facilities shall be flame-proofed with a
state Fire Marshal-approved material by a state-licensed application.
page 7
Attachment 1
city of San Luis OBISPO
zoninc, izEGulatlons ,luly 2010
5. The design of the structures and site planning shall encourage integration of the
street pedestrian environment with the nonresidential uses through the use of
plazas, courtyards,walkways, and street furniture.
6. Site planning and building design shall be compatible with and enhance the
adjacent and surrounding residential neighborhood in terms of scale, building
design, color,exterior materials, roof styles, lighting, landscaping, and signage.
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; plus density
bonuses where applicable: exGept that the base density of the FesideRtial GempeneR
D. Site layout and project design standards. Each proposed mixed use project shall
comply with the property development standards of the applicable zoning district, and
the following requirements.
1. Location of units. Residential units shall not occupy ground floor space within
the first 50 feet of floor area measured from each building face adjacent to a
.street, or any ground floor space in the CD zoning district.
2. Loading areas. Commercial loading areas shall be located as far as possible
from residential units and shall be screened from view from the residential portion
of the project to the extent feasible.
3. Refuse and recycling areas. Areas for the collection and storage of refuse and
recyclable materials shall be located on the site in locations that are convenient
for both the residential and non-residential uses.
E. Performance standards.
1. Lighting. Lighting for the commercial uses shall be appropriately shielded to not
negatively impact the residential units.
2. Noise. All residential units shall be designed to minimize adverse impacts from
non-residential project noise, in compliance with the City's noise regulations.
3. Hours of operation. A mixed-use project proposing a commercial component
that will operate outside of the hours from 8:00 a.m.to 6:00 p.m. shall require the
Director's approval to ensure that the commercial use will not negatively impact
the residential uses within the project.
F. Requirements for Use Permit projects. A mixed use project that requires Use
Permit approval in compliance with Subsection B., or that is located in the C-S or M
zoning districts is subject to the following requirements.
1. Property development standards. The approval of a Use Permit for a mixed
use project may include:
pace 12
Attachment 1
city of San lues OBISpo
zonmo 2eGutatlons duly 2010
except when the Director finds that adequate on-street parking exists for
dropping off and picking up clients. (Ord. 1365 (2000 Series)(part))
c
b. Day care centers with more than 12 adults or more than 14 children must
provide two spaces per facility and one space for each 12 day care clients
(based on the facility's license), rounded to the nearest whole number, in
addition to any spaces required for the residential use. See Section
17.16.060 of this Title. (Ord. 1365 (2000 Series)(part))
D. Day care as an accessory use. When day care facilities are accessory to another
use requiring a permit, only one permit application need be filed and acted on. As
accessory uses to schools and churches, and where an employer provides on-site
child care to 14 or fewer children for the exclusive use of employees, day care is
allowed by right, providing the primary use meets City parking standards. (Ord. 1365
(2000 Series)(part))
E. Exceptions. Nothing in this section shall prohibit applicants from requesting
exceptions or variances from the strict interpretation of the Zoning Regulations to the
extent allowed by said regulations. The Director may authorize minor exceptions to
performance standards upon finding that:
1. The modification is in accordance with the intent and purpose of the Zoning
Regulations, and consistent with City day care policy.
F. Nonconforming status. All day care facilities licensed by the State at the time of
ordinance adoption (1992) shall be considered legal nonconforming uses, consistent
with Chapter 17.10 of these regulations, except that nonconforming day care facilities
may not be changed to another nonconforming use. (Ord. 1225, 1992)
.17.08.110 Homeless Shelters.
The below reauirements are for homeless shelters within the PF zone which may be
established without use permit review. Homeless shelters in other zones, which
require use permit review. _.may be_.subiect to conditions of approval with
requirements that vary from these standards.
A. The shelter shall be operated by a responsible agency or organization,with
experience in managing or providing social services.
B. The shelter shall provide at least one qualified on-site supervisors at all times, plus
one additieRal supeafise attendant for each 48 50 occupants beyeRd,20.
C. A homeless shelter shall not be approved when another homeless shelter exists
within nnA-Taal€rale 300 feet of the proposed site. This requirement-may be modified
by use permit.
D. Parking shall be suoDlied.at_a ratio of one-vehicle space per 10 beds, and one
secured bicycle parking area designed to accommodate up toonebicycle per 10
beds.
pace is
Attachment 1
city of san lues osispo
July 2010 zoninq uequlations
E.. Each homeless shelter shall be limited to a maximum occupancy of 250 persons (in
total), including warming shelters and daytime facilities.
F. _A management plan shall be requiredto-address how the immediate sheltering
needs of individuals who may be turned away from the-shelter will be handled. The
management plan shall.establish a maximum the length of time which clients may be
accommodated.
17.08.120 Location of Pool and Pool Equipment.
A. A swimming pool shall not be located in a required front or side yard.
B. A swimming pool shall not be located within five feet of a property line.
C. Pool equipment shall not be located in a required front yard or that portion of side
yard located between the front lot line and the rearmost portion of the main building.
To minimize the potential impact of noise, equipment shall be located not less than
ten feet from any window or other opening into a dwelling or other habitable building
on an adjacent property.
D. Pool equipment shall be enclosed or screened from street and adjoining property
view.
17.08.130 Live/Work and Work/Live Units
A. Purpose. This Section provides standards for the development of live/work and
work/live units, and for the reuse of existing commercial and industrial structures to
accommodate these units. Live/work and work/live units are intended to be occupied
by business operators who live in the same structure that contains the commercial
activity or industry. A live/work unit is intended to function predominantly as living
space with incidental accommodations for work-related activities that are beyond the
scope of a home occupation. A work/live unit is intended to function predominantly as
work space with incidental residential accommodations that meet basic habitability
requirements.
B. Application requirements. The establishment of a work/live unit within the CS or
zones shall require approval of an Administrative Use Permit. The applicant shall
submit application materials and fees as required by the Community Development
Department.
C. Limitations on use. The non-residential component of a live/work or work/live
project shall be a use allowed within the applicable zone by Section 17.22.010 (Uses
Allowed by Zones),subject to the following additional limitations.
1. Prohibited uses. A live/work or work/live unit shall not be established or used in
conjunction with any of the following activities:
1. Adult businesses; or
2. Vehicle maintenance or repair (e.g., body or mechanical work, including
boats and recreational vehicles), vehicle detailing and painting, upholstery,
etc.).
2. Live/work unit. A live/work unit shall not be established or used in conjunction
with any of the following activities:
pace 19
city f Aent
duty 2010 zonmg REGulations
17. Affordable Housing Incentives, Chapter 17.90;
18. On-Shore Support Facilities, Chapter 17.92;
19. Development Agreements, Chapter 17.94
B. Where provisions of this chapter conflict with provisions of other applicable laws, the
more restrictive provision shall prevail. (Ord. 1006 - 1 (part), 1984: prior code -
9202.5(A))
17.16.010 Density.
A. Determination of Allowed Development.
1. "Density' is the number of dwellings per net acre, measured in density units. In
the AG, C/OS, and R-1, and R-2 zones, each single-family dwelling counts as
one density unit (see definition 17.100.S.). In the other zones, and multi-family
development in the R-2 zone, different size dwellings have density unit values as
follows: (Ord. 1365(2000 Series)(part))
a. Studio apartment, 0.50 unit;
b. One-bedroom dwelling, 0.66 unit;
c. Two-bedroom dwelling, 1.00 unit;
d. Three-bedroom dwelling, 1.50 units;
e. Dwelling with four or more bedrooms,2.00 units.
2. The following procedure shall be used to determine the maximum development
allowed on a given lot or land area:
a. Determine the Average Cross-slope of the Site.- "Average cross-slope" is the
ratio, expressed as a percentage of the difference in elevation to the
horizontal distance between two points on the perimeter of the area for which
slope is being determined. The line along which the slope is measured shall
run essentially perpendicular to the contours.
i. Where a site does not slope uniformly, average cross-slope is to be
determined by proportional weighting of the cross-slopes of uniformly
sloping sub-areas, as determined by the Community Development
Director.
ii. Cross-slope determinations shall be based on the existing topography of
the net site area after 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:
pagE 27
1?1�0t,�_? -i.3
city 0� AQ hpent 1
jutY 2010 zornnG esqulations
g
Figure 1
b. €tee escapes, uncovered balconies, uncovered porches, or decks aaeaslesed
01-46k19 6-t-AiRAMYS and ay extend into the required yard not more
than four feet or one-half the required yard distance, whichever is less.
(FigureFire escapes, exit stairs or other required exits may be required to
meet greater setbacks to comply with Building Code requirements.
c. Decks, planters and similar features less than 30 inches above grade may be
located within the required yards.
FiquFe
6. Trash Enclosures. Trash enclosures which have been approved by the
Architectural Review Commission may be located within a required yard, provided
no part of the enclosure is less than three feet from any right-of-way or adopted
setback line.
7. Unenclosed Parking Spaces in Other Yards. Unenclosed parking spaces and
parking aisles may be located within other yards.
8. 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.
9. Enclosed and Unenclosed Parking Spaces in Street Yard Prohibited. In no case
may an enclosed parking space or required parking space from which vehicles
exit directly onto the street be located less than 20 feet from the street
right-of-way or setback line except as provided in 17.16.020E.2 below. In a flag
E. Exception To Yard Requirements. These regulations provide two general types of
exceptions to the yard requirements: first, those which the property is entitled to
because of physical circumstances, and second, those which the City may approve
upon request and subject to certain discretionary criteria.
1. Exceptions Property May Be Entitled To.
a. Street Yards on Comer Lots Recorded Before April 1, 1965. On corner lots in
the R-1 and R-2 zones, recorded before April 1, 1965, the street yard along
the lot frontage having the longer dimension shall be not less than 10 feet, as
in Figure 3.
jt
'�w"' iY:�b ..`S''�"`. a^ wSM+s%,' "' '�?.'"..�.�'re�.w.wY�•+� wpm FL
101-)
41 241
Figure 2
pagC 33
�� 7
Attachment 1
city of sAn LUIS OBISPO
zoninc, Reputations juLy 2010
b. Street Yards on Corner Lots Where Each Comer Lot has Its Longer Frontage
Along the Cross Street. In the R-1 and R-2 zones, when each corner lot on a
cross street has its longer frontage along the cross street, as in Figure 4, the
street yard along the longest frontage shall be not less than 10 feet.
y I I
z
id
m _ Figure 3
c. Street Yard Averaging (developed areas). Where these regulations require
street yards and where buildings have been erected on at least one-half of
the lots in a block as of the effective date of the regulations codified in this
section, the minimum required street yard shall be the average of the street
yards of the developed lots, but in no case less than 10 feet nor more than
would otherwise be required.
d. Reduced Street Yard for New Structure Providing Additional Creek Setback.
Where a new structure provides a creek setback larger than required by this
title, the required street yard shall be reduced one foot for each one foot of
additional creek setback, so long As the street yard is at least one-half that
required by Table 2.
2. Discretionary Exceptions.
a. Reduced Street Yards. Upon approval of a use permit, or in conjunction
with tandem parking approval, the director may allow street yards to be
reduced to zero for unenclosed mrkinq spaces.Street yards may be reduced
to 104eet for-structures including carports. Reductions may be approved for
garages when the driveway is long enough to accommodate a parked car
that doesn't overhang the sidewalk(18.5 feet min.).
b. Variable Street Yards in Subdivisions. In new residential subdivisions, the
entity approving the subdivision may approve variable street yards, to be
noted on the approved map, provided the average of the yards on a block is
at least 15 feet and no yard is less than 10 feet.
c. Variable Other Yards In Subdivisions.. In new residential subdivisions, the
entity approving the subdivision map may approve exceptions to the other
yard standards, with the exceptions to be noted on the map, provided a
separation of at least 10 feet between buildings on adjacent lots will be
maintained and an acceptable level of solar exposure will be guaranteed by
alternative yard requirements or private easements.
d. Other Yard Variations in Previously Subdivided Areas. Upon approval of
a use permit, the Director may allow other yards to be reduced to zero under
either of the following circumstances:
is When there exists adequate recorded agreement running with the land to
maintain at least 10 feet of separation between buildings on adjacent
parcels; or
pdCIe 34
Attachment 1
city of san Luis oslspo
zoning uEGulations duly 2010
17.16.050 Fences, walls and hedges.
A. Purpose and Application.
1. The purpose of these regulations is to achieve a balance between concerns for
privacy and public concerns for enhancement of the community appearance,
visual image of the streetscape, overall character of neighborhoods, and to
ensure the provision of adequate light, air, and public safety.
2. These regulations apply.to any type of visible or tangible.obstruction which has
the-effect of-forming a physical or-visual barrier between properties or between
property lines and the-public right-of-way, including.but not limited to: any type of
artificially constructed barriers of wood, metal, or concrete posts connected by
boards, rails, panels, wire or mesh and any type of natural growth such as
hedges, and screen plantings.
B. Fences, walls or hedges may be placed within required yards, provided:
Mmdmmftterweheight
within street yard /
NO FENCE,WALL,OR i
WEDGE TT)BE TALLER,
TWAN.TWIS UNE /
/ s
3'
0
E
FENT vR��Tr A`�J`A 0 yp0.
Figure 8
1. The maximum height in any street yard shall be as shown in Figure 8.,
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;
C. 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.
D. Fence height is measured from the adjacent grade along the lower side of the wall or
fence, directly at the base of the wall or fence.
paGE 44
A/ -��
- Attachment 1
city of san Luis osispo
zonmG Rerjulations duly 2010
located shall be towned, 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, subject to the approval of
the Community Development Director.
2. Bicycle Spaces. Parking for bicycles shall be provided in accordance with Table
6.5. All bicycle spaces shall be located at the ground floor level. Additional City
standards and guidelines for bicycle parking can be found in the City's
Engineering Standards, Community Design Guidelines, and Bicycle
transportation Plan.. Projects which provide more bicycle and/or motorcycle
spaces than required may reduce the required car spaces at the rate of one car
space for each five bicycle spaces, up to a 10% reduction,subject to the approval
of the Community Development Director. 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. Any additional bicycle parking
provided for residential uses shall be covered.
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 requiting 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.
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.
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.
In mixed use projects, required residential parking may be reserved, but
pac,E 46 RV `/�
Attachment 1
city of san Luis oBispo
)uLy 2olo zonmq izequlations
commercial. parking must be made available for quests or overflow from
residences.
I Tandem parking.
1. 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. Tandem parking is intended to allow for needed flexibility
on constrained lots or where tandem parking .is consistent with the existing
neighborhood pattern. Tandem pa _rking shall not be used to brovide for the
conversion of garage spaces.
2. Hotel and Restaurant Projects (New and Existing).. Tandem parking may be used
for hotel and restaurant development in the Downtown Commercial (C-D) zone
where parking service is provided, subject to the approval of a Parking
Management Plan by the Public Works and Community Development Directors.
A Parking Management Plan is a document that outlines how site parking will be
regulated and includes provisions to reduce parking demand, including but not
limited to, availability of transit in close proximity, access to a car share program
and access to information regarding alternative transportation programs..
3. Tandem parking may be considered in office development if all of the following
requirements are satisfied:
a. With review of the location and design by the Architectural Review
Commission, where adequate maneuverability and access arrangements are
provided;and
b. When the tandem spaces are set aside for the exclusive use of on-site
employees; and
c. Where the total number of tandem spaces does not exceed 30% of the total
parking provided for projects that require 10 vehicle parking spaces or less,
and 15% of the total parking provided for projects that require 11 or more
vehicle parking spaces; and
d. With the approval of a Parking Management Plan by the Public Works and
Community Development Directors to insure that proper management and
oversight of the use of the proposed tandem spaces will occur.
4. For existing office development where there is a desire to upgrade or modify the
parking layout to increase efficiency or better meet standards, and review by the
Architectural Review Commission would not be required, the approval of new
tandem parking spaces would require the approval of an administrative use
permit,where adequate maneuverability and access arrangements are provided.
pace 47
Attachment 1
city of san Luis osispo
JulY 2010 zonmG ItsGulAtions
TABLE 6-PARKING REQUIREMENTS BY USE
Type of Use Number of Off-Street Parking Spaces Required
RESIDENTIAL USES
Boardingirooming house,dormitory One space per 1.5 occupants or 1.5 spaces per bedroom,whichever is greater
Caretaker quarters Two spaces per dwelling
Convents and monasteries One space per five occupants
Fraternity,sorority One space per 1.5 occupants or 1.5 spaces per bedroom,whichever is greater
High occupancy residential use The parking requirement shall be greater of:1.The number of space required for dwellings.or 2.One
off-street parking space per adult occupant,less one.
Home occupation See Section 17.08.090
Live/work units 2 spaces per unit
Mixed-use project Same as Single-family dwellings
Mobile home park 1.5 spaces per unit:1 space to be with unit
Same as SlRgle family dwellings 1 perstudio apartment:l-I&for6rstbedroam plus 12 foreach
MuitFfamily dwellings additional bedroom in a unit plus 1 for each five units in developments of more than five units.Also
see parking reduction paragraphs under 17.16.060.
Residential care facilities-6 or fewer residents Same as Rest home
Residential care facilities-7 or more residents Same as Rest home
Residentail hospice facility Same as Rest home
Rest home One space per four beds(aduft):one space per five juveniile,occupants
R-4 and G/68:2 spaces per dwelling.In the R-1 and GOS zones,one space must be covered.A4.
Single-family dwellings
PaFag;aphs WAd8F 4746 ON.
Work/live units 12 spaces per unit
pagea9
Attachment 1
city of san Luis osispo
zoninc, izsculations juLy solo
TABLE 6-PARKING REQUIREMENTS BY USE
Type of Use Number of Off-Street Parking Spaces Required
RETAIL SALES
Auto and vehicle sales and rental One space per 300 square feet office area plus one space per 500 square feet parts sales service
area,plus one space per 2,000 square feet outdoor sales area
Auto parts sales,with Installation One space per 500 square feet gross floor area
Auto parts sales,without Installation One space per 500 square feet gross floor area
Bakery,retail One space per 200 square feet gross floor area
Building and landscape materials sales,indoor One space per 300 square feet office area plus one space per 500 square feet Indoor sales area plus
one space per 2,000 square feet warehouse area
Building and landscape materials sales,outdoor One space per 300 square feet office area plus one space per 500 square feet indoor sales area plu
one space per 2,000 square teat warehouse or outdoor sales area
Construction and heavy equipment sales and rental One space per 300 square feet office area plus one space per 500 square feet parts sales service
area,plus one space per 2,000 square feet outdoor sales area
Convenience store Two spaces for employee parking,plus one space per 500 square feet of gross floor area and a
minimum of five bicycle parking spaces shall be provided per business
Extended hour retail Same as specific type of retail
Farm supply and feed store One per 500 square feet indoor saleststorage area plus one space per 2,000 square feet outdoor
sales/storage area.
Fuel dealer(propane,etc) One per 500 square feet indoor sales/storage area plus one space per 2,000 square feet outdoor
saleststorege area.
Furniture,furnishings,and appliance stores One space per 500 square feet gross floor area
General retail-2,000 sf or less One space per 300 square feet gross floor area
General retail-More than 2,000 sf,up to 15,000 sf One space per 300 square feet gross floor area
General retail-More than 15,000 at,up to 45,000 sf One space per 300 square feet gross floor area
General retail-More than 45,000 sf,up to 60,000 sf A maximum of one space per 200 square feet gross floor area,with the exception for more spaces R
structured multi-level parking is used
General retail-More than 60,000 sf,up to 140.000 sf A maximum of one space per 200 square feet gross floor area,with the exception for more spaces if
structured multi-level parking is used
Florists and Photofinishing(retaip One space per 500 square feet floor area
Retail sales and repair of bicycles One space per 500 square feet floor area
Groceries,liquor,specialty foods One space per 200 square feet gross floor area
Mobile home,RV,and boat sales One space per 300 square feet office area plus one space per 500 square feet parts sales service
area,plus one space per 2.000 square feet outdoor sales area
Office-supporting retail,2,000 sf or less One space per 300 square feet gross floor area
Office-supporting retail,more than 2,000,up to 5,000 One space per 300 square feet gross floor area
sf
Outdoor temporary and/or seasonal sales See Section 17.08.020
Produce stand One space per 300 square feet gross floor area
One space per 60 sq.ft.customer use area,including walling seating,counter service areas,and
Restaurant dancing areas,plus one space per 100 sq.ft food preparation,including counter space,pantry
storage,and dishwashing areas.Walls,halls,restrooms,and dead storage areas do not count as
either customer use or food preparation floor area
Service station(see also"vehicle services') one space for attendant booth plus two per service bay plus one space per four fuel pumps
Warehouse stores-45,000 st or less life Minimum one space per 300 square feet gross floor area
Warehouse stores-more than 45,000 sf gfa A maximum of one space per 200 square feet gross floor area,with the exception for more spaces ff
structured muNevel parking is used
pac,6 50
,! Attachment 1
city of san Luis osispo
zontnc, REculattons duly 2010
17.17.060 Roofs.
A. No furniture or equipment, including chairs, mattresses, couches, recreational
furniture, or other materials may be placed on any roof, patio cover, carport,shed top,
or similar structure,except for the following:
1. Roof-top equipment, including antennas, satellite dishes, masts, poles, heating,
ventilation, air conditioning equipment and similar devices that are designed for
roof-top installation, and were lawfully installed, may remain on the roof as long
as they are property maintained.
2. Furniture or other equipment may be placed on a roof deck or other similar place
that was lawfully designed and created for such use.
17.17.070 Fences.
All fencing that is visible from a public right-of-way shall be maintained so that fencing
materials and support are structurally sound,with no missing material.
17.17.075 Neighborhood preservation.
It shall be unlawful and a public nuisance for any person, firm or corporation, owning,
leasing, occupying, or having possession of any private property in the City to maintain
such property in such a manner that any of the following conditions are found to exist
thereon:
1. Refuse, green waste, and recycling receptacles shall not be within in the front yard
area except as provided in Municipal Code section 8.04 which states: Refuse and
garbage containers shall not be placed adjacent to the street for pickup more than
twenty-four hours before pickup time, and such containers shall be removed within
the twelve-hour period following pickup, except in the Business Improvement Area (as
defined in Chapter 12.36). In the Business Improvement Area, refuse and garbage
containers shall not be placed adjacent to the street for pickup before 5:00 p.m.or the
close of business on the day preceding pickup, whichever is later..Such containers
shall be removed before 10:00 a.m. following pickup. The "front yard" area is defined
as: The area of a residential lot that lies between the street property line and the walls
of any residences that-face-the street. (Ord. 1277, 1995).
2.4-. Buildings which are abandoned, partially destroyed or damaged or left in an
unreasonable state of partial construction, whose owners have been notified by the
City that the property has been determined to be in violation of this section. An
abandoned building means any building or structure which is not occupied, used or
secured for a period of one (1) year or more. A partially destroyed or damaged
building means any building or structure in which 25% or more of the structure has
been destroyed or damaged and not repaired or replaced fora period of one (1) year
or more. An unreasonable state of partial construction is defined as any unfinished
building or structure that has been in the course of construction for two (2) years or
more, and the condition of said unfinished building or structure or accumulation of
construction materials substantially detracts from the appearance of the immediate
neighborhood.
3.2. Paint or finish material on the exterior surface of a building or other structure that has
become substantially deteriorated, damaged, or unsightly so as to significantly detract
from the appearance of the immediate neighborhood. For the purposes of this
Chapter, "substantially" shall be defined as the absence or deterioration of a required
protective covering exceeding 25% of the exterior surface area, including, but not
pagE va
le;)h ,L-z/
Attachment 1
city of San Luis osispo
zoninG Regulations juLy 2010
TABLE 9-USES ALLOWED BY ZONE
Permit Requirement by Zoning District Specific use
Land Use I AG GOS R1 I R2 I R3 I R4 I PF 1 O(1)1 C-N I C-C I C-D I GR I GT I CS I M I BP Regulations
AGRICULTURE
Crop production and grazing A A A A D D
Greenhouse,commercial PC PC
Livestock feed lot PC PC
INDUSTRY,MANUFACTURING&PROCESSING,WHOLESALING
Bakery,wholesale A A PC
FumfturB and ftwres manufacturing,cabinet
shop D A
Industrial research and development PC D D
Laboratory-Medical,analytical,research,
testing PC A A A A
Laundry,dry cleaning plant A A
Manufacturing-Heavy PC PC
Manufacturing-Light D A A
Petroleum product storage and distribution D
Photo and film processing lab A A
Printing and publishing A A A
Recycling facilities-Collection and processing
facility I D
Recycling facilities-Scrap and dismantling yard D
Recycling facilities-Small collection facility D D DA
Storage-Personal storage facility A A
Storage yard D A
Warehousing,indoor storage A A PC
Wholesaling and distribution Al PC
LODGING
Bed and breakfast inn D PC PC A A A
Homeless shelter PC PC A PC PC PC PC PC PC PC PC .17,08110
Hostel PC PC A A A
Hotel,motel A A A PC
Recreational vehicle(RV)park accessory to hotel,motel PC
Vacation Rental I I 17.22.G
Key: A=Allowed D=Directors Use Permit approval required PC=Planning Commission Use Permit approval required
AID=Direciors approval on ground floor,allowed on second floor or above
Note: Footnotes affecting specific land uses follow the table.
page 78
Attachment 1
city of san lues OBISPO
JulY 2010 zomnG Pequlat)ons
TABLE 9-USES ALLOWED BY ZONE-Continued
Permit Requirement by Zoning District Speciffo use
Land Use I AG I CJOS Rt I R2 I R9 I R4 I PF I O(1)1 D•N I GC I GD I C-R I C-T I CS M SP Regulations
RECREATION,EDUCATION,&PUBLIC ASSEMBLY USES
Bar/tavem 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 17.08.060
Commercial recreation facility-Outdoor PC PC
Educational conferences D D D D 17.08.010.C.6
Fitness/health facility D A D D PC A A D
Goff Course PC
Library,museum PC D D D D
Library,branch facility D D D D
Night cob D D D D D D Chapter 17.95
Off-site wine tasting room A A A A A A
Park,playground D D A A A A D D A A A
Public assembly facility PC D D D D PC
Religious facility PC D D D D A D D D A D(7) D(7) D(7)
School-Boarding school,elementary,middle,
secondary PC PC
School-College,university campus PC
School-College,university-Satellite
classroom facility
School-Elementary,middle,secondary PC PC D D PC D
School-Specialized education/training PC AID A/D A A A
Special event D D D D D D D D D 17.08.010
Sports and active recreation facility ID
PC PC PC
Sports and entertainment assembly facility PC
Studio-Art,dance,martial arts,music;etc. D AID AID A PC ATheater D D D D Chapter 17.95
Theater-Drive-in PC PC
RESIDENTIAL USES
Boardingtrooming house,dormitory PC D D D Chapter 17.20
Caretaker quarters A A A A A A A A A A A A A A A D
Convents and monasteries PC A A p
Fraternity,sorority PC PC
High occupancy residential use D D
Home occupation H H H H H H H H H H H H H H 17.08.090
Livetwork units A A A A A 17.08.120
Mixed-use project A A A A A A PC PC 17.08.072
Mobile home as temporary residence at
building site A A A A A A A A
Mobile home park A A A A
MuIB-family dwellings A A A A D D
Residential rare facilities-6 or fewer residents A A A A A A AID AID A/D D
Residential care facilities-7 or more residents A A A A A D AID AID D
Residentlal hospice facility PC PC D PC PC D
Rest home A A A A A D AID AID D
Single-family dwellings A A A(2) A A A A D D
Secondarydwelling units A A A A A Chapter 17.27'
Wor r e units D D 17.08.120
Key: A=Allowed D=Director's Use Permit approval required PC=Planning Commission Use Permit approval required
A/D=Director's approval on ground floor,allowed on second floor or above H=Home Occupation Pernit required
Note: Footnotes affecting specific land uses follow the table.
,��z-z3
t1
PaQE 79
city of San LUIS OBISPO
zoning Reculations JulY 2010
TABLE 9-USES ALLOWED BY ZONE-Continued
Permit Requirement by Zoning District Specific use
Land Use I AG I CLOS R7 I R2 I R3 I R4 I PF 1 O(1) C-N I GC I C-D I C-R I C-T I CS M I SP I
Regulations
RETAIL SALES
Auto and vehicle sales and rental D A PC
Auto parts sales,with installation D(5) A A
Auto parts sales,without installation A D A A A
Bakery,retail A A A A A D D
Building and landscape materials sales,indoor A A A A A
Buildmg and landscape materials sales,outoor D D A A A
Construction and heavy equipment sales and
rental I I D D
Convenience store D D D A A A A A D D D 17.08.095
Extended hour retail D D D D D D D D
Farm supply and feed store PC A A
Fuel dealer(propane,etc) D A
Furniture,furnishings,and appliance stores A A A A
General retail-2,000 sf or less A(3) A A A A
General retail-More than 2,000 sf,up to
15,000 si D(3) D A A
General retail-More than 15,000 sf,up to
45,000 sf D A A D
General retail-More than 45,000 sf,up to
60.000 sf D A A
General retail-More than 60,000 st,up to
140,000 sf PC PC PC
Groceries,liquor,specialty foods I IA(10) A A A PC
Mobile home,RV,and boat sales A PC
Office-supporting retail,2,000 at or less A A A A A D
Office-supporting retail,More than 2,000,up to
5,000 sf D D A A D
Outdoor temporary and/or seasonal sales See Section 17.08.020 17.08.020
Produce stand D D A A A A
Restaurant A A A A A D D
OutdoorBBa i3n$accessory to restaurarr D D D - D D D D -
Service station(see also'vehicle services') D D D 1 D A 17.08.030
Vending machine See Section 17.06.020 17.08.020
We stores-45,000 at or less gfa D D D
Warehouse stores-more than 45,000 sf gist PC PC PC
Key: A=Allowed D=Director's Use Permit approval required PC=Planning Commission Use Permit approval required
AID=Director's approval on ground floor,allowed on second floor or above
Note: Footnotes affecting specific land uses follow the table.
Aftn1h 1
pags so
city of san Luis oBispo
duly 2010 zoning asqulations
TABLE 9-USES ALLOWED BY ZONE-Continued
Permit Requirement by Zoning District Specific use
Lend Use I AG 1C/0S1 Rt I R2 I R3 I R4 I PF 10(11)1 C-N I C'-C I C-D C-R GT I C-S I M 1 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
Business support services A A AID A A A A
Medical service-Cllnic,laboratory,urgent pre D D D A D(11) D(11)
Medical service-Doctor office A A/D AID A D(11) D(11)
Medical service-Extended care PC PC D PC PC D
Medical service-Hospital PC PC
Convalescent hospital PC PC
Office-Accessory A A A A A A A A
Office-Business and service A A AID A ;0(4) D(4) D
Office-Government D PC A A P
Office-Processing D D D D(4) D(4) A
Office-Production and administrativeA AID AID A D(4) D(4) A
Office-Professional A AID A/D A D
Office-Temporary See Section 17.08.010.0
Photographer,photographic studio A A/D 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 Primer Service A A A A A A A A
Day care-Day care center(chikVaduh) D(9) D(9) D(9) D(9) D(9) A A A AID A D(9) D(9) D(9) D 17.08.100
Day tare-Family day pre home(small/large) A A A A A A A A A A A A 17,08,100
Equipment rental A A D
Food bank/packaged food distribution center D D
l4weless-sheker PC PC PC PC PC PC PC PC 47,03,339
Maintenance service,client site services A A PC
Mortuary,funeral home D D A D
Personal services A A A A D A D
Personal services-Restricted D D
Public safety facilities PC PC
Public utility facilities PC A 'A 17.08.080
Repair service-Equipment,large appliances,
etc. A A D
Residential Support Services A A A A
Social service organization D A A A A D
Vehicle services-Repair and maintenance-
Major A A D
Vehicle services-Repair and maintenance-
Minor PC D A A D
Vehicle services-Carwash D D PC D D
Veterinary clinic/hospital,boarding,large animal PC PC D D
Veterinary clinWhospital,boarding,small
animal,indoor DD A AID A A
Veterinary c ospda,boarding,small
animal,outdoor D
Key: A=Albwed D=Director's Use Permit approval required PC=Planning Commission Use Permit approval required
AID=Director's approval on ground floor,allowed on second floor or above
Note: Footnotes affecting specific land uses follow the table.
��Z zS
Attachment 1
city of san lues omspo
juLy 2010 zonmq Reculatrons
part of said application, submit sufficient information to enable the Community
Development Department to determine whether the proposed lighting will comply with the
provisions of this Section.The application shall include the following:
1. A site plan indicating the proposed location of all outdoor lighting fixtures that are not
exempted by Section 17.23.080.
2. A description of each illuminating device, fixture, lamp, support and shield. This
description may include, but is not limited to, manufacturer's catalog cuts and
drawings (including sections where required), larAp types and lumen outputs.
3. Photometric plans depicting the location of all light poles and building mounted
lighting fixtures and a maximum 10-foot by 10-foot grid of both the initial and
maintained lighting levels on the site.
4. The project lighting plan shall be coordinated with any associated landscaping plan to
prevent site planning conflicts.
5. Any other information the Community Development Director may determine is
necessary to ensure compliance with the provisions of this Section.
The Director may waive any or all of these requirem nts if compliance can be determined
based on available information.
17.23.040 Operational Standards.
Outdoor lighting shall be designed, installed and maintained to prevent nighttime sky light
pollution, preserve and enhance visibility of stars and use energy efficiently by lighting
only those areas or objects necessary for safety and security. All outdoor lighting shall
conform to the following regulations:
1. Outdoor lighting shall be directed downward and away from adjacent properties and
public rights-of-way.
2. No lighting on private property shall produce an illumination level greater than two
maintained horizontal footcandles at grade on any property within a residential
zoning district except on.the site of the light source.
3. The maximum light intensity on a residential site shall not exceed a maintained value
of 10 footcandles, when measured at finished grade.
1
4. The maximum light intensity on a nonresidential site, except auto sales lots and
sports fields, shall not exceed a maintained value of 10 footcandles, when measured
at finished grade.
5. The maximum light intensity on an auto sales lot shall not exceed a maintained value
of 40 footcandles,when measured at finished grade.
6. The maximum light intensity on a sports field shall not exceed a maintained value of
50 footcandles, when measured three feet above grade. Baseball field lighting and
lighting for other recreational uses may be increased to a.maintained value of 100
footcandles with approval of the Community Development Director.
7. Outdoor lighting shall be completely turned off orj significantly dimmed at the close of
business hours unless lighting is essential for security or safety (e.g. illumination of
parking areas and plazas).
Pape 89
1?#Z-z6
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city of san Luis osispo
zonlnG aeculations juLY 2010
Chapter 17.26: MEDIUM-DENSITY RESIDENTIAL (R-2) ZONE
Sections:
17.26.010 Purpose and application.
17.26.020 Property development standards.
17.26.010 Purpose and application.
The R-2 zone is intended to provide housing opportunities for people who want compact
residences close to commercial and public services. These areas will usually lie between
zones of higher and lower residential density and/or adjacent to office (0) zones or
neighborhood commercial (C-N) zones. This zone will be applied to areas designated
"medium-density residential" on the general plan map. (Ord. 941 - 1 (part), 1982: prior
code-9203.2(A))
17.26.020 Property development standards.
The property development standards for the R-2 zone are as follows:
A. Maximum density: Multi-family: 12 density units per net acre (see also Section
17.16.010).
Single-family: Seven density 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 width: 50 feet
Minimum lot depth: 80 feet
Minimum street frontage: 20 feet
F. Parking requirements: See Section 17.16.060. (Ord. 941 - 1 (part), 1982: prior code
-9203.2(B))
pace 94
Attachment 1
I
city of san Luis oslspo
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_ II •• , Yvw� eft ..•'/
2. Planning permit requirements. Development and new uses within the PD
overlay district shall obtain the permits required by Section 17.22.010 for the
underlying zone..
3. Site planning and project development standards. Development and new
land uses within the PD overlay shall comply with all applicable development
standards of the underlying zone, except as specifically modified, waived, or
augmented by the PD overlay.
E. Scope of approval. The application of the PD overlay to property may include the
adjustment or modification, where necessary and justifiable, of any applicable
development standard of these Zoning Regulations (e.g., building height, floor area
ratio, parcel size, parking, setbacks, etc.), or of the City's Subdivision Regulations.
The maximum density as allowed by cross-slope % may-be adiusted_but shall not
exceed the maximum density allowed in the average cross-slooe category 0-15% for
the applicable zoning district..
17.50.030 Preliminary development plan.
Application for planned development shall be made to the Community Development
Department and shall consist of a preliminary development plan,to include:
A. A legal description of the total site involved;
B. A statement of the objectives to be achieved by the planned development through the
particular approach to be used by the applicant;
C. A schedule indicating the approximate dates when construction of the development or
stages of the development are to be started and completed;
D. A quantified description of the total number and type of dwelling units, parcel sizes,
coverage, modified and natural open space, grading, residential densities, and areas
devoted to nonresidential uses;
E. Identification of portions of the development which would otherwise require a
variance, and reason for the deviation from normal standards;
F. A site plan and supporting maps, drawn to a suitable scale and clearly labeled,
showing, if applicable:
1. Existing site conditions, including contours, vegetation and water courses;
2. Proposed lot designs;
3. Location and floor area of existing and proposed buildings or outlines of areas
within which buildings may be located;
4. Location and size of all areas to be conveyed or reserved as common open
spaces or for public or semipublic uses;
5. Existing and proposed circulation system of arterial, collector, and local streets;
off-street parking, loading, and emergency access areas; points of access to
public rights-of-way; proposed ownership of circulation routes;
6. Existing and proposed sidewalks and paths;
7. Existing and proposed utility systems, including sanitary sewer, storm drainage,
water, electricity, gas and telephone;
pArIC 11223
Attachment 1
city of san Luis osispo
,iuLy 2010 zonmG ueGulayons
E. On-site or off-site street, sidewalk or utility improvements and maintenance
agreements;
F. Noise generation and attenuation;
G. Dedication of right-of-way or easements or access rights;
H. Arrangement of buildings and use areas on the site;
I. Special hazard reduction measures, such as slope planting;
J. Minimum site area;
K. Other conditions which may be found necessary to address unusual site conditions.
L. Establishment of an expiration date, after which the use must cease at that site.
M. Recycling and solid waste plans.
N. Conditions may not be imposed that restrict the use to a specific person or group.
(Ord. 941 - 1 (part), 1982: prior code-92042(E))
17.58.060 Criteria for approval.
In deciding whether a proposal is acceptable at a given location, the Director, Planning
Commission and Council shall consider whether the proposal could be established and
maintained without jeopardy to persons or property within or adjacent to the proposed site
and without damage to the resources of the site and its surroundings. Appropriate criteria
may be found in the following sources,without limitation:
A. General plan elements (such as Land Use, Circulation, Housing, Noise, Seismic
Safety, Public Safety,Open Space and Conservation):
B. Specific plans and special studies;
C. Standards and recommendations of agencies commenting on environmental
documents for the proposal or for similar projects. (Ord. 941 - 1 (part), 1982: prior
code-9204.2(F))
17.58.070 Requirement for and compliance with use permits.
A. When more than one use permit - including more than one type of use permit - is
required by individual sections of these regulations, only one use permit application
need be filed and acted upon. If both an administrative use permit or permits would
simultaneously be required by separate sections, one Planning Commission use
permit shall be processed to cover all requirements. If an administrative use permit
for site development exceptions and/or requests for shared and mixed use parking
reductions, and review by the Architectural Review Commission are required, then
only the architectural review application need be filed. Use permit applications for land
uses pursuant to Table 9, Chapter 17.22 may not be_reviewed in coniunction with
architectural review and require filing of a separate application and payment of fees.
B. The modification or addition to a use requiring use-permit approval shall itself be
subject to use-permit approval. The addition of an allowed use to a premises
PAGE 133
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occupied by a conditionally allowed use shall require use-permit approval of the type
required for the existing use. The Director shall determine when such an addition or
change is of such a minor or incidental nature that the intent of these regulations can
be met without further use permit control.
C. Any conditions established pursuant to these regulations shall be met before the use
is established, except that the Director, Planning Commission, or on appeal, the
Council, may establish a schedule for certain conditions to be met after establishment
of the use. Continuance of the use shall then be contingent on complying with the
schedule for meeting deferred conditions.
D.
the use peFmit shall expiFe. If a land use authorized by use Dermit is not established
within one year of the date of aboroval or such longer time as may be stipulated as a
condition of approval, the use permit shall expire. If a structure or associated site
development authorized by use Dermit is not issued building permits within three
years of the date of approval, the use permit shall expire. Upon written request
received prior to expiration, the Director may grant renewals of use permit approval
for successive periods of not more than one year each. Approvals of such renewals
shall be in writing and for a specific period. Renewals may be approved with new or
modified conditions upon a finding that the circumstances under which the use permit
was originally approved have substantially changed. Renewal of a use permit shall
not require public notice or hearing, unless the renewal is subject to new or modified
conditions. In order to approve a renewal, the Director must make the findings
required for initial approval. (Ord. 941 - 1 (part), 1982: prior code-9204.2(G))
pace 134
Attachment 1
city of San Luis OBISPO
zonmc, REqulations ,juty 2010
17.60.050 Expiration.
If
appceval building permits are not issued for site development authorized by variance
within ene—yeaf three years of the date of approval or such longer time as may be
stipulated as a condition of approval, the variance shall expire. Upon written request
received prior to expiration, the Director may grant renewals of variance approval for
successive periods of not more than one year each. Approvals of such renewals shall be
in writing and for a specific period. Renewals may be approved with new or modified
conditions upon a finding that the circumstances under which the variance was originally
approved have substantially changed. Renewal of a variance shall not require public
notice or hearing, unless the renewal is subject to new or modified conditions. In order to
approve a renewal, the Director must make the findings required for initial approval. (Ord.
1006- 1 (part), 1984: prior code-9204.3(E))
pagE 136
Attachment 1
city of San LUIS OBISPO
july 2010 zonmG Rer4ulations
Chapter 17.64: REPEAT APPLICATIONS
Sections:
17.64.010 Waiting period of one year required when- Exceptions.
A. When any application made pursuant to these regulations has been denied, no new
application which is substantially the same shall be filed within one year of the date of
the previous denial unless the Planning Commission, for good cause, shall grant
permission to do so, or the Council or Planning Commission shall initiate such
application.
B. The Director shall determine when an application is substantially the same as a
previous application, subject to the appeal procedures of Chapter 17.66. (Ord. 941 -1
(part), 1982: prior code-9204.9)
Chapter 17.65: INACTIVE APPLICATIONS
Sections:
17.65.010 Applications Deemed withdrawn after 180 days of
inactivity.
A. An application will be classified as "inactive" when the applicant has not adequately
responded within 180 days to submittal items required by staff for further processing
as provided in an incomplete letter. The Director shall determine when an application
is in an "inactive status"and 30 day extensions maybe granted at the discretion of the
Director. Any determination of inactive status is..subject to appeal procedures of
Chapter 17.66.
pace 137JP11_2 2
o Attachment 1
city of San LUIS OBISpo
zoninc, uEGu_lations duly 2010
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Attachment 1
city of san lues osispo
duly 2010 zoninc,usGulations
,
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P//z-� '
Attachment 1
city of san tuis oaispo
zonmc, izeGulattions July 2010
depaFtment.
.A.. The a-ity shall make available for alleixiaweR to development the amew-At of safa 091d
:2 URN' A,ibstaRtially all toilets and showeFheads iR the rity aFe low-flow fi)duFes, only
to dg;.FeIGPFAeRt.
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deplete the amount available for alleration, AppliGations shall then be held, with
Pape 190
Attacqment 1
city of san Luis oBlspo
duly 2010 zonmq pequlations
for WIng
mnt to be
p. �19 pFdjeGt shall be alleGaWd FneFe than fifty PGFGeRt of the Available Fe68P'OAv#h4*4hG
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pats 191
auamment 1
city of San lues OBISpo
zoning ueGulations ,luly 2010
eXpeGted Fiat wateF -- -evelopmeRt -" Tl be based
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pace 192 rn/�2
Attachment 1
city of son Luis oBispo
zoninc, rzEGulations jtkLy 2010
policies and regulations in effect at the time of original project approval. (Ord. 1134 § 1
(part), 1989)
17.94.020 Authority.
This chapter establishes procedures and requirements for development agreements. The
purposes specified in and as authorized by Article 2.5, Chapter 4, Title 7 of the
Government Code, Sections 65864 et seq. The planning commission may recommend
and the city council may enter into a development agreement for the development of real
property with any person having a legal or equitable interest in such property, as provided
below. At its sole discretion, the council may, but is not required to, approve a
development agreement where a clear public benefit or public purpose can be
demonstrated. (Ord. 1134§ 1 (part), 1989)
17.94.030 Initiation of hearings.
Hearings on a development agreement may be initiated: (A) upon the filing of an
application as provided below; or(B) by the council by a simple majority vote. (Ord. 1134
§ 1 (part), 1989)
17.94.040 Applications—Legal interest.
Any person having a legal or equitable interest in real property or such other interest as
specified in subsection (AX3)(b) of Section 17.94.070 may apply for a development
agreement, except that a person may not file, and the director shall not accept, an
application which is the same as, or substantially the same as, an application which was
denied within the previous year, unless the application is initiated by the council. (Ord.
1134§ 1 (part), 1989)
17.94.050 Fees.
The council shall establish, and from time to time may amend, a schedule of fees to cover
the city s costs of processing applications for development agreements. (Ord. 1134 § 1
(part), 1989)
17.94.060 Preappiication review.
Before submitting an application and support materials, applicants shall discuss the
proposal with the community development director. At such review,the applicant should
present a preliminary site plan and show basic features of the proposed project, including
its public purposes and/or benefits. For large or complex projects,the applicant may
request council review of the preliminary concept. Such a review shall be at the council's
sole discretion, and would allow the council to review and comment on aproposal early in
the review process..(Ord. 1134 § 1 (part), 1989)
17.94.070 Application—Contents.
A. A development agreement application shall include the following information:
1. A planning application and processing fee;
2. The names and addresses of the applicant and of all persons having a legal or
equitable interest in all or a part of the property proposed to be used;
pace 214
Attachment 1
city of sAn Luis OSISPO
zonfnc rzEculations ,luly 2010
Chapter 1.7.100: Definitions
A. Definitions, "A."
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" that include
habitable space, as defined by the California Building Code, shall be no larger than
450 square feet. (Ord. 941-1(part), 1982: prior code—9204.11 (part))
Airport. An area approved by the Federal Aviation Administration (FAA)for the take-
off and landing of aircraft, including appurtenant areas for airport buildings, aircraft
operations, and related facilities, aprons and taxiways,control towers, hangers, safety
lights, navigation and air traffic control facilities and structures. These may also
include facilities for aircraft manufacturing, maintenance, repair, and reconditioning.
Where approved,an airport may also include aircraft sales and dealerships, car rental
establishments, gift shops, hotels and motels, personal services, restaurants and
bars, tobacco and news stands, and other similar commercial uses serving the air-
traveling public and airport employees.
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.
exGeed go Square feat
Ambulance, Taxi, or Limousine Dispatch Facility. A base facility from which taxis
and limousines are dispatched, and/or where ambulance vehicles and crews stand by
for emergency calls. Does not include a dispatch office facility on a site separate
from the location where the vehicles used by the business are parked or stored
between calls, which is instead included under the definition of "Office- Production or
Administration."
Antenna/Telecommunications Facility. Public, commercial and private
electromagnetic and photoelectrical transmission, broadcast; repeater and receiving
stations for radio, television, telegraph, telephone, data network, and wireless
communications, including commercial earth stations for satellite-based
communications. Includes antennas, commercial satellite dish antennas, and
equipment buildings. Does not include telephone, telegraph and cable television
transmission facilities utilizing hard-wired or direct cable connections.
Arbor/Trellis. Arbors and trellises are ornamental landscape features designed to
display and support landscape plantings. They typically consist of an open, lattice-
work design constructed of wood, metal, or other lightweight material.
Auto and Vehicle Sales/Rental. A retail establishment selling and/or renting
automobiles, trucks and vans, motorcycles, and bicycles (bicycle sales are also
included under "General. Retail"). May also include repair shops and the sales of
parts and accessories, incidental to vehicle dealerships. Does not include: the sale
of auto parts/accessories separate from a vehicle dealership (see "Auto Parts
Sales"); mobile home, recreational vehicle, or watercraft sales (see "Mobile Home,
RV and Boat Sales"); tire recapping establishments (see "Vehicle Services");
businesses dealing exclusively in used parts, (see "Recycling -Scrap and Dismantling
Yards");or"Service Stations,"which are separately defined.
pagC 234
J Attachment 1
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zornnq rzeculations duly 2010
Block Front. Block front means all the properties fronting on one side of a street,
between intersecting streets or a street and a railroad, waterway, cul-de-sac, or
unsubdivided land. (Ord. 941 - 1 (part), 1982: prior code-9204.11 (part))
Boarding/Rooming House. A dwelling or part of a dwelling where lodging is
furnished for compensation to more than three persons living independently from
each other. Meals may also be included. Does not include fraternities, sororities,
convents, or monasteries,which are separately defined.
Building. "Building" means any structure used or intended for sheltering or
supporting any use or occupancy. (Ord. 941 - 1 (part), 1982: prior code - 9204.11
(part))
Building Envelope (see also Develovment Enve/ooe and Coverage). The building
envelope is the three dimensional space enclosed by the exterior surfaces of a
building or structure.
Building Footprint.The building footprint is that portion of a lot covered by a buildino
or structure measured at the surface level, measured on a horizontal plane.
Building and Landscape Materials Sales. Retail establishments selling hardware,
lumber and other large building materials, where most display and sales occur
indoors. Includes paint, wallpaper, glass, fixtures. Includes all these stores selling to
the general public, even if contractor sales account for a major proportion of total
sales. Establishments primarily selling electrical, plumbing, heating, and air
conditioning equipment and supplies are classified in "Wholesaling and Distribution."
Business Support Service. An establishment within a building that provides
services to other businesses. Examples of these services include:
blueprinting
computer-related services (rental, repair)
copying and quick printing services
film processing and photofinishing (retail)
mailing and mail box services
outdoor advertising services
protective services (other than office related)
security systems services
C. Definitions, "C."
Caretaker Dwelling. A permanent residence that is secondary or accessory to the
primary use of the property, and used for housing a caretaker employed on the site of
any non-residential use where needed for security purposes or to provide 24-hour
care or monitoring of people, plants, animals, equipment, or other conditions on the
site.
Catering Service. An establishment that serves and supplies food to be consumed
off premises.
page 236
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Construction/Heavy Equipment Sales and Rental. Retail establishments selling or
renting construction, farm, or other heavy equipment. Examples include cranes,
earth moving equipment,tractors, combines, and other motorized farming equipment,
heavy trucks, etc.
Convalescent hospital. "Convalescent hospital' means any place, structure, or
institution providing for skilled nursing and allied professional health care, or for
chronic or convalescent care for one or more persons, exclusive of relatives, in which
nursing, dietary or other personal services are rendered to convalescents, invalids, or
aged persons, who, by reason of advanced age, chronic illness, or physical infirmity
are unable to properly care for themselves, but not including persons suffering from
contagious or mental diseases, alcoholism, or drug addiction, and in which surgery is
not performed and primary treatment, such as customarily is given in hospitals or
sanitariums, is not provided. Convalescent hospital includes"nursing home"but does
not include "rest home," "hospital," or "residential care facility." (Ord. 941 - 1 (part),
1982: prior code-9204.11 (part) Ord. 1346(1999 Series))
Convenience Store. A retail establishment with not more than 4,500 square feet of
gross floor area, offering for sale prepackaged food products, household items,
newspapers and magazines, and sandwiches and other freshly prepared foods, such
as salads,for off-site consumption.
Convent or Monastery. A housing facility where residents are limited to members of
a specific religious order.
Coverage. The area of a structure on or above the around including upper level
projections and living areas, as well as covered or uncovered decks, balconim
porches and similar architectural features expressed as a percentage of the total lot
area. Uncovered decks, balconies, and porches which are 30 inches or less from the
ground shall not be included in the determination of coverage. See figures 5 & 6
Section 17.16.030. Roof eaves which proiect 30 inches or less from the structure_are.
not included in the determination of coverage. For roof eaves which exceed 30 inches
from the structure, the first 30 inches shall not be included in lot coverage and the
remaining length shall be included in the determination of coverage.
Creek "Creek" is a waterway or portion of waterway designated as a creek on the
Open Space Element Creek Map. A drainage ditch, concrete swale, underground
culvert, or storm drain (as indicated on the Creek Map) is not a creek. Creeks located
outside the urban reserve line are as designated by the USGS 7.5 Minute series
quadrangle maps or San Luis Obispo County data. (Ord. 1225 (1992))
D. Definitions, "D."
Day Care. Facilities that provide non-medical care and supervision of adults or minor
children for periods of less than 24 hours. These facilities include the following, all of
which are required to be licensed by the California State Department of Social
Services.
1. Child Day Care Center. Commercial or non-profit child day care facilities
designed and approved to accommodate 15 or more children. Includes infant
centers, preschools, sick-child centers, and school-age day care facilities. These
may be operated in conjunction with a school or church facility, or as an
independent land use.
pace 238
Attachment 1
city of sAn Luis OBISPO
July 2010 ZOnlr1Cp nequldtions
2. Large Family Day Care Home. As provided by Health and Safety Code Section
1596.78, a home that regularly provides care, protection, and supervision for
seven to 14 children, inclusive, including children under the age of 10 years who
reside in the home, for periods of less than 24 hours per day, while the parents or
guardians are away.
3. Small Family Day Care Home. As provided by Health and Safety Code Section
1596.78, a home that provides family day care for eight or fewer children,
including children under the age of 10 years who reside in the home.
4. Adult day care facility. A day care facility providing care and supervision for
adult clients.
Den (or family room, sewing room, loft or studio). "Den" (or "family room,"
"sewing room," "loft" or "studio") means a room which is open on at least one side,
does not contain a wardrobe, closet or similar facility, and which is not designed for
sleeping. (Ord. 941 - 1 (part), 1982: prior code-.9204.11 (part))
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.
Development Envelope. (see also building envelope and coverace) That area on a
lot that encompasses all development including but not limited to excavation fill
grading storage demolition structures building heights decks roof overhangs
porches, patios, terraces, pools, and any-areas of disturbance including access ways
and parking Approved plantings of landscape materials on natural grade and
approved walkways and driveways may occur outside of a development envelope
Director. "Director" means the Director of the Community Development Department,
or someone designated by him to act on his behalf. (Ord. 941 - 1 (part), 1982: prior
code-9204.11 (part))
Dormitory. A building used as group quarters for students, as an accessory use for
a college, university, boarding school, or other similar institutional use.
Drive-through facility. "Drive-through facility" means one in which vehicles line up
for service at definite spots and where customers are served without leaving their
vehicles. (Ord. 941-1 (part), 1982: prior code-9204.11 (part))
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. Ord. 1006 - 1 (part), 1984: Ord. 941
1 (part), 1982: prior code- 9204.11 (part)) (Ord. 1365 (2000 Series)(part))
PACJE 239
Attachment 1
city of san Luis oslspo
zoning Regulations ,)uly 2010
cameras and photographic supplies orthopedic supplies
clothing and accessories religious goods
collectibles (cards,coins, comics, stamps, small wares
etc.)
specialty shops
department stores
sporting goods and equipment
drug and discount stores
stationery
dry goods toys and games
fabrics and sewing supplies variety store
Golf Course. Golf courses, and accessory facilities and uses including: clubhouses
with bar and restaurant, locker and shower facilities; driving ranges; "pro shops" for
on-site sales of golfing equipment; and golf cart storage and sales facilities.
Grazing. "Grazing" means the keeping of hoofed animals where food grown on the
premises is the principal food of the livestock. (Ord. 941 - 1 (part), 1982: prior code-
9204.11 (part))
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
interior face of the walls. (Ord..941 - 1 (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. A guest house shall be no larger than 450 square feet.
H. Definitions, "H."
Hedge..A.barrier or boundary formed by a dense row of shrubs or low trees.
Heliport. A designated, marked area on the ground or the top of a structure where
helicopters may land at any time.
High Occupancy Residential Use. A "High Occupancy Residential Use" is any
dwelling other than a residential care facility as defined in section 17.04.340 of this
code, in the R-1 or R-2 zones when the occupancy of the dwelling consists of six or
more adults. (Ord. 1154- 1 Ex..A(part), 1989)
Home Occupation. The conduct of a business within a dwelling unit or residential
site, employing only the occupants of the dwelling, with the business activity being
subordinate to the residential use of the property.
Homeless Shelter. A church, public building, or quaskpublic facility that provides
emergency or temporary shelter to homeless individuals and/or groups. These
accommodations may include temporary lodging, meals, laundry facilities, bathing,
counseling, and other basic support services.
Hospital. "Hospital' means a facility housing and providing a full range of medical
care, including acute care, for patients who require such care on the premises. (Ord.
941 - 1 (part), 1982: prior code-9204.11 (part))
PAg6 242
��z- y3
Attachment 1
city of san Luis osispo
MY 2010 zornnc, Requlations
Outdoor sales. "Outdoor sales" means the sale of items regularly stored or
displayed outside a building, where such items are visible from a public right-or-way
or neighboring property. (Ord. 941 - 1 (part), 1982: prior code-9204.11 (part))
Overlay zone. "Overlay zone" means a zone applied in combination with other zone
districts in order to impose additional restrictions or to allow greater variety than is
possible with the underlying zone. (Ord. 941 - 1 (part), 1982: prior code - 9204.11
(part))
P. Definitions, "P."
Parking Facility. A surface parking lot or parking structure that is a primary use of a
site.
Park, Playground. Public parks, play lots, and playgrounds, providing non-
commercial facilities for active and/or passive recreation for neighborhood or
community use. These facilities may also include any listed under the definition of
Sports and Active Recreation Facility.
Personal Services. Establishments providing non-medical services to individuals as
a primary use. Examples of these uses include:
barber and beauty shops
clothing rental
dry cleaning pick-up stores with limited equipment
home electronics and small appliance repair
laundromats (self-service laundries)
massage(licensed, therapeutic, non-sexual)
shoe repair shops
tailors
tanning salons
pet grooming (indoor use only, no overnight boarding)
These uses may also include accessory retail sales of products related to the
services provided.
Personal Services-Restricted. Personal services that may tend to have a blighting
and/or deteriorating effect upon surrounding areas and which may need to be
dispersed to minimize their adverse impacts. Examples of these uses include:
check cashing
fortune tellers, psychics
palm and card readers
tattoo and body piercing services
Photo and Film Processing Lab. A facility that provides high volume and/or custom
processing services for photographic negative film, transparencies, and/or prints,
where the processed products are delivered to off-site retail outlets for customer pick-
up. Does not include: small-scale photo processing machines accessory to other
retail businesses, which are allowed as part of those businesses; or small-scale retail
pace 253
/2�0v,z-yam
Attachment 1
city of san lues oslspo
zontnc ueculations Ju1y 2010
of tires, batteries and automotive accessories; lubrications; and the testing,
adjustment and repair of motor parts, brakes, tires and accessories. It also includes
accessory sales of fuel oil, butane, propane, and liquefied petroleum gas (LPG).
Service station does not include steam cleaning, mechanical car washing, tire
recapping, body or chassis repair or painting, which are instead included under
"vehicle services;" or the sale, rental or storage of motor vehicles, trailers or other
equipment, which are included under"auto and vehicle sales/rental." Service Station
does not include separate retail or other non-related commercial uses on the same
property that have independent points of sale separated from the motor fuel point of
sale by a distance of at least 250 feet. A point of sale shall be defined as the actual
location of the transaction including, but not limited to, a cash register or automated
payment station.
Setback line. "Setback line" means an officially adopted line determining the extent
of a future street or other public right-of-way. (Ord. 941 - 1 (part), 1982: prior code-
9204.11 (part))
Shopping center. "Shopping center" means a development consisting of at least
five separate establishments with a minimum area of 50,000 square feet, a site with a
minimum of 300 feet of frontage and shared common drives and off-street parking.
(Ord. 1103- 1 A(2), 1987: Ord. 1008- 1, 1984)
Single-Family Dwelling. A building designed for and/or occupied exclusively by one
family, or one or more persons occupying premises and living as a single
housekeeping unit which is not attached to or located on a lot with commercial uses.
Single-family dwellings contain one dwelling on one lot. Single.family dwellings may
also include approved secondary dwelling units. Also includes factory-built, modular
housing units, constructed in compliance with the Uniform Building Code (UBC), and
mobile homes/manufactured housing units that comply with the National
Manufactured Housing Construction and Safety Standards Act of 1974, placed on
permanent foundations.
Social Service Organization. A public or quasi-public establishment providing
social and/or rehabilitation services, examples of which include counseling centers,
employment agencies, job counseling and training centers, vocational rehabilitation
agencies, and welfare offices. These organizations serve the unemployed, persons
With social or personal problems, persons requiring special services, the
handicapped, or otherwise disadvantaged. Includes organizations soliciting funds to
be used directly for these and related services, and establishments engaged in
community improvement and neighborhood development. Does not include day-care
services, homeless shelters, or residential care,which are separately defined.
Specific plan. °Specific plan" means a plan for a designated area within the city,
based on the general plan, but containing more detailed regulations and programs as
provided in Section 65450 and following of the California Government Code. (Ord.
941 - 1 (part), 1982: prior code-9204.11 (part))
Sports and Entertainment Assembly. A large-scale indoor or outdoor facility
accommodating spectator-oriented sports, concerts, and other entertainment
activities. Examples of this land use include amphitheaters, race tracks, stadiums
and coliseums. May also include commercial facilities customarily associated with
the above uses, including bars and restaurants, gift shops, video game arcades,etc.
pace 25s
Attachment 1
city of san Luis ogispo
zoning REGulations J111y 2010
Top of bank. 'Top of bank"means the line where the naturally eroded ground slope,
or the slope resulting from a creek alteration, flattens to conform with the ground
which has not been cut by water flow within the creek channel. If the bank is
terraced,the top of bank is the highest step.
Transit Station or Terminal. A facility or location with the primary purpose of
transfer, loading, and unloading of passengers and baqqaqe, May include facilities for
the-provision of passenger services such as ticketing, restrooms, lockers, waiting
areas. passenger_vehicle_parkinci and bus bays,for layover parking, and interior bus
cleaning and incidental repair..-
Transit.Stop. A.facility located within the public right-of-way-at selected points along
transit routes for passenger pickup, drop off, or transfer, but excluding areas.for
vehicle repair or storage, passenger ticketing.and parking, Which Are defined as a
transit station or terminal.
Truck or Freight Terminal. A transportation facility furnishing services incidental to
air, motor freight, and rail transportation. Examples of these facilities include:
delivery and courier services
freight forwarding services
freight terminal facilities
joint terminal and service facilities
overnight mail processing facilities
packing,crating, inspection and weighing services
postal service bulk mailing distribution centers
transportation arrangement services
trucking facilities, including transfer and storage
U. Definitions, "U."
Use. "Use" means the activity for which land or buildings are designed, occupied or
maintained. (Ord. 941 - 1 (part), 1982: prior code-9204.11 (part))
Utility Infrastructure. Pipelines for water, natural gas, and sewage collection and
disposal; and facilities for the transmission of electrical energy for sale, including
transmission lines for a public utility company. Also includes telephone, telegraph,
cable television and other communications transmission facilities utilizing direct
physical conduits. Does not include offices or service centers (see "Offices -
Business and Service"), or distribution substations (see "Public Utility Facilty").
V. Definitions, "V."
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.
Vehicle Services - Auto Repair and Service. The repair, servicing, alteration,
restoration, towing, painting, cleaning (including self-service and attended car
washes), or finishing of automobiles, trucks, recreational vehicles, boats and other
pac,E leo _
- Attachment 2
RESOLUTION NO. PC-5546-10
A RESOLUTION OF THE SAN LUIS OBISPO PLANNING COMMISSION
RECOMMENDING TO THE CITY COUNCIL APPROVAL OF A NEGATIVE
DECLARATION OF ENVIRONMENTAL IMPACT AND AMENDMENTS TO
TITLE 17 (ZONING REGULATIONS) OF THE MUNICIPAL CODE
(GPI/ER 3-10)
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
April 28, 2010, for the purpose of considering amendments to Title 17 (Zoning Regulations) of
the Municipal Code; and
WHEREAS, said public hearing was for the purpose of formulating and forwarding
recommendations to the City Council of the City of San Luis Obispo regarding the project; and
WHEREAS, notices of said public hearing were made at the time and in the manner
required by law; and
WHEREAS, the Planning Commission reviewed and considered the Negative
Declaration of environmental impact for the project; and
WHEREAS, the Planning Commission has duly considered all evidence, including the
testimony of the applicant, interested parties, and the evaluation and recommendations by staff,
presented at said hearing.
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of
San Luis Obispo as follows:
Section 1. Findings. Based upon all the evidence, the Commission makes the following
findings:
1. 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 directly implement City goals and policies.
2. The Initial Study adequately evaluates all of the potential impacts of the project and the
Negative Declaration approved by the Community Development Department on April 16,
2010, correctly determines that the project will not have a significant adverse impact on the
environment.
Section 2. Recommendation. The Planning Commission does hereby recommend to the
City Council approval of the Negative Declaration of environmental impact (ER 3-10) and
adoption of the proposed amendments to Title 17 (Zoning Regulations) of the Municipal Code as
modified, included as Attachment 1.
��z-7
Attachment 2
Planning Commission Resolution No. PC-5546-10
GPI 3-10
Page 2
On motion by Commissioner Singewald, seconded by Commissioner Meyer, and on the
following roll call vote:
AYES: Commissioners Singewald, Meyer, Draze, Whittlesey, Multari, Boswell, and
Stevenson
NOES: None
REFRAIN: None
ABSENT: None
The foregoing resolution was passed and adopted this 28`h day of April 2010.
Doug Davi son, Secretary
Planning Commission
,��Z -gip'
Attachment 3
SAN LUIS OBISPO
PLANNING COMMISSION MINUTES
April 28, 2010
ROLL CALL:
Present: Commissioners Michael Boswell, Michael Draze, Eric Meyer, Airlin
Singewald, Charles Stevenson, Vice-Chairperson Mary Whittlesey,
and Chairperson Michael Multari
Absent: None
Staff: Deputy Community Development Director Doug Davidson, Associate
Planner Brian Leveille, and Recording Secretary Janet Miller
ACCEPTANCE OF THE AGENDA: The agenda was accepted as presented.
PUBLIC COMMENTS ON NON-AGENDA ITEMS:
There were no comments made from the public.
PUBLIC HEARINGS:
1. City-Wide. SPA 133-09. Update to the Growth Management Policy; City of San
Luis Obispo — Community Development Dept., applicant. (to be continued to May
12, 2010, meeting) (Phil Dunsmore)
On motion by Commr. Draze, seconded by Commr. Stevenson, to continue the item to
a date certain of May 12, 2010.
AYES: Commrs. Boswell, Draze, Meyer, Singewald, Stevenson, Whittlesey, and
Multari
NOES: None
RECUSED: None
'ABSENT: None
The motion passed on a vote of 7:0.
2. City-Wide. GPI 3-10: Review of amendments to the Municipal Code Title 17:
Zoning Regulations; City of San Luis Obispo — Community Development Dept.,
applicant. (Brian Leveille)
Brian Leveille, Associate Planner, presented the staff report, recommending to adopt a
resolution which recommends that the City Council approve the Negative Declaration of
environmental impact (ER 3-10) and adopt the proposed amendments to Title 17
(Zoning Regulations) of the Municipal Code, as submitted, based on findings and
subject to conditions which he outlined.
Planning Commission Minutes Attachment 3
April 28, 2010
Page 2
�) PUBLIC COMMENTS:
Ingrid English, San Luis Obispo, requested that her business, "Gulliver's Travel," be
reclassified as a business support and consultant so that the operation could be
relocated to a commercial service zone.
Commr. Draze voiced concern for the provision of public services by Ms. English's
business. Staff replied that the proposed language treats service and business offices
with a use permit on a case-by-case basis.
There were no further comments made from the public.
COMMISSION COMMENTS:
Commr. Stevenson noted numerical inconsistencies on page 33.
Chairperson Multari questioned if changes concerning parking focused on requirements
rather than the existing parking situation throughout town. Mr. Multari supported a
tandem space in driveway(s) to satisfy requirements rather than designate new and
separate space addition requirements.
Commr. Meyer supported a specific designation for the length of a car (18.5 feet). The
1 Commission and staff supported a numeric designation.
Commr. Boswell supported safety (sight distance) to avoid excessive fence height in the
front of property that restricts visibility under 17-16-05.
Commr. Stevenson noted that 17-16-10 is a neighborhood character issue that
addresses context. Mr. Stevenson noted that this was a purpose statement and that the
code would not change.
On.motion by Commr. Draze, seconded by Vice-Chair Whittlesev, proposed to allow the
language "concerning fences, walls, and hedges" on page 45 to remain as proposed by
staff.
AYES: Commrs. Boswell, Draze, Singewald, Stevenson, and Whittlesey
NOES: Commrs. Meyer and Multari
RECUSED: None
ABSENT: None
The motion passed on a vote of 5:2
Vice-Chair Whittlesey voiced concern on trash can location and supported prohibiting
them in the visible front yard setback.
The Commission directed staff to continue working on the language of Sections 8 and 9
with consideration that the area should measure the lot covered and include vertical
structural projections.
Planning Commission Minutes
Attachment 3
April 28, 2010
Page 3
There were no further comments made from the Commission.
On motion by Commr. Singewald seconded by Commr. Meyer, to adopt a resolution
which recommends that the City Council approve the Negative Declaration of
Environmental Impact (ER 3-10) and adopt the proposed amendments to Title 17
(Zoning Regulations) of the Municipal Code with changes proposed by Staff and the
Commission.
AYES: Commrs. Boswell, Draze, Meyer, Singewald, Stevenson, Whittlesey, and
Multari
NOES: None
RECUSED: None
ABSENT: None
The motion passed on a vote of 7:0.
COMMENT AND DISCUSSION:
3. Staff
a. Downtown Beautification Update
b. Agenda Forecast - The Commission requested an update from Staff be
i provided on Measure Y. Council Member John Ashbaugh noted that Measure
Y would be televised at the next Council meeting.
4. Commission
ADJOURMENT: The meeting was adjourned at 9:30 p.m.
Respectfully submitted by,
Janet Miller
Recording Secretary
Approved by the Planning Commission on May 26, 2010.
Ryan etz
Sup ising Administrative stant
Attachment 4
�III�IIII! 1►
III
Ity O SAn kfis ONS
Community Development Department• 919 Palm Street, San Luis Obispo, CA 93401-3218
INITIAL STUDY
ENVIRONMENTAL CHECKLIST FORM
For ER 3-10
1. Project Title:
Zoning Text Amendments City File#GPFER 3-10
2. Lead Agency Name and Address:
City of San Luis Obispo
Community Development Department
919 Palm Street
San Luis Obispo, CA 93401
3. Contact Person and Phone Number:
Brian Leveille, Associate Planner
(805)781-7166
4. Project Location:
Citywide, City of San Luis Obispo
5. Project Sponsor's Name and Address:
City of San Luis Obispo
Community Development Department
919 Palm Street
San Luis Obispo,CA 93401
6. General Plan Designation:
N/A
7. Zoning:
N/A
2110 CITY OF SAN LUIS Owspo 1 INITIAL STUDY ENVIRONMENTAL CHECKLIST 2009
OThe City of San Luis Obispo is committed to include the disabled in all of its services, programs activities.
Telecommunications Device for the Deaf(805)781-7410.
Attachment 4
8. Description of the Project:
Text amendments to various sections of the City of San Luis Obispo's Zoning Regulations dated
August 6, 2009. The intent of the amendments is to improve theconsistency of the document,
clarify certain aspects of the regulations, and correct, update-and in some instances modify
language to better meet the intent of City goals and policies. A copy of the recommended text
amendments is included as attachment 1.
9. Surrounding Land Uses and Settings:
Citywide
10. Project Entitlements Requested:
Text amendments to Municipal Code Section 17: Zoning Regulations
11. Other public agencies whose approval is required:
None.
CRY OF SAN Luis OBISPO 2 INITIAL STUDY ENVIRONMENTAL CHECKLIST 2010
� Attachment 4
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 Greenhouse Gas Emissions Population/Housing
Agriculture Hazards&Hazardous Public Services
Materials
Air Quality Hydrology/Water Quality Recreation
Biological Resources Land Use/Planning Transportation/Traffic
Cultural Resources Mineral Resources Utilities/Service Systems
Geology/Soils Noise Mandatory Findings of
Significance
FISH AND GAME FEES
There is no evidence before the Department that the project will have any potential adverse effects on fish
X and wildlife resources or the habitat upon which the wildlife depends. As such, the project qualifies for a
no effect determination from Fish and Game.
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)).
CITY OF SAN LUIS OBISPO 3 INITIAL STUDY ENVIRONMENTAL CHECKLIST 2010
Attachment 4
DETERMINATION:
On the basis of this initial evaluation:
I find that the proposed project COULD NOT have a significant effect on the environment, and
a NEGATIVE DECLARATION will be prepared. X-
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
reared.
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 the proposed project will not have a significant effect on the environment, because
all potentially significant effects have been analyzed adequately in an earlier NEGATIVE
DECLARATION pursuant to applicable standards, nothing further is required.
Lit 16 Ito
Signature y Date
Doug Davidson,Deputy Director of Community Development For:John Mandeville,
Printed.Name Community Development Director
CnY OF SAN LUIS OBISPO 4 INMAL STUDY ENVIRONMENTAL CHECKLIST 2010
RW -525'
Attachment 4
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.
CITY OF SAN Luis OBISPO 5 INITIAL STUDY ENVIRONMENTAL CHECKLIST 2010
- Attachment 4
Issues; Discussion and Supporting-mformation Sources Sources Poten6at'y" Potentially Less Than No
Significant Significant Significant Impact
ER #3-10 ►%sues Unless Impact
Mitigation
Inco ted
1.AESTHETICS. Would theproject:
a) Have a substanr al adverse effectors ascenic"'Asta? = 1 X
b)-.S.ubstanfially damage scenic_iesources,including;but not limited:; X
to, trees;rock oufci•oppings open space';,qK liistonc'buifdingsi
G wifhin-a]tical or state scenic highway?.`.
c) Substantially degrade the existtng,vigwd character dr quality of X
the.site and its
surtoundingV-2.
h"
d) Create a new source of sir stanttal light or glare, whic •would' X
".adversel affect da":orni httime views•in the area
Evaluation
a)b)c)d) The project involves amendments 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.
Conclusion: No Impact.
2.AGRICULTURE RESOURCES. Would the project:
.a) Convert TP ime Farmland,:Unique. Eairnland `oi•,`Farmland.of- 1,2 X
Statewide":Tiripbrtance (Farmland); as shown on the •maps
ursuant.to-the Fargiland '
P t r Ma`ppmg aiid:Momtoring Progtam of
the California Res'ourcesAge`pcy,,tonoi%aggculturaluse�
Confacti3with existing' zciiiing fbr':ngtxc furalc°use x, .`a• X
' WilhainsonAct contracts
c) Involve other chanfgesin the)exishng eponment which,due to' X
thein location"or nature,could.;resultin conversion ofaiinlaiid•t
tonon-a kulttiral,use��
Evaluation
a)b)c)No impacts to agricultural resources would occur with implementation of the Zoning Regulation text amendments.
Conclusion: No Impact.
3. AIR QUALITY. Would the ro'ect:
WConflictrwith or obsEruct'pnp'IementahontofJthe.apphcable av' 1, 10 X
quality plan? ,'`. , o- v. a
f
# tYa gay<'...
b) Violate any air quality staIIdacdtor contributesubstantially to an', X
ezi'shng oT.rojectedyairzgpal�ty;violations r
c) Result m a cumulanve7y,constdera¢le netncrease of any criteria'" X
til _gollutant'for whtcti the proj&t.rggton ris,ritin attairiinent under an r:
applicable .t federal ;or %fate, ambiencw,air .ijuality standard:
(including treleasing,• emissions .whicli, exceed qualitative"
,thresholds foFr ozone prectusors)� ;,,��. _• �, �„j
d) Expos17 e sensitive ” receptors „to subsfanhiil llVill X
COncentrati0II5, 41. .� '
e) ,Create objectionable`odors affecting a..substantial number of X
p
a
Evaluation
a)b)c)d)e) The project will not impact air quality as it does not involve any amendments to City policy on air pollution, nor
will it generate additional sources of air pollution.
Conclusion: No Impact.
CITY OF SAN Luis OBISPO 6 INITIAL STUDY ENVIRONMENTAL CHECKLIST 2009
�� ? 7
Attachment 4
Issues, Discussion and Supporting-mtormation Sources Sources Poteun iy Potentially Less Than No
Significant Significant Significant Impact
ER #3-10 Issues Unless Impact
Mitigation
Inco orated
4. BIOLOGICAL RESOURCES. Would the ro'ect:
a) Have,a substantial adverse effect,either dire&d-br indirectly or 1, 11 X
through habitat modifications, on, any species;identified is,a'
candida``te ensltive;or pedal status spectes.in local or regional';
plans; policies, oi-regulations; or by.,the Caiifornta-Departnient.
of Fish anmed Gaor U.S:Fish and Wildlife Service9
b) :Have it substantial 'adverse:effec( on any ripanan habitat or. X
`other sensitive natural community identified in,I, Gal or cegtonal•,
:plans••policies, or--regulation's; or'by,tb6 California Depamnent,,
of Fish and Game or U S.-Fish and Wildhfe Services z
c) Have a 'substantial adverse effecir on Federally prgtectecl" X
wetlands;as defned inSecfian 404, of the Clean WBfer,Act:'
(including•, but not limited..,to, •marshes venial pools; etc.):
through direct removal,,filling, hydrological interruption, or
other means?
. Interfere substanfi
d ally,with the movement of any native resident X
di,migratory- fish or wlldlifey.species or with established native
resident.:or migratory.wildlife corridors, or impede the,-we of
wcldlife nursery sites?
e) :•Confflict. .with-any_ local policies or` ordinanbes protecting; X
biological resources, such as tree~ preservation <poh, or;
r,
ordinance?-
f) Conflict.with the provislons of an adopted habitat Conservation'" X
Plan Natural Commpnity Conservation Plan;,Dr•,othe'r approved,
local;re 'orial,or;state:habztat coiiseiv_ation laD?
Evaluation
a)b)c)d)e)f) No biological impacts would occur as no specific site is under consideration and there are no proposed Zoning
Code modifications which would impact evaluation of biological impacts.
Conclusion: No Impact.
5.CULTURAL RESOURCES. Would theproject:
a) rCause a substantial adverse change-in'Ute sigipficance of`a 1, 11 X
hustonc resources(See CEQAGuidehnes
b) Cause a substantial adverse change viii the sigtu cane-•of an X
archaeological resotircey(See GEQA Guide7mes 1 064
c) Directly of indirectly destroynnique paleontological iesource` X
Lorsite pr iinigtiie ologic feature?
d) bistuirb any human remains including those interred outside of r X
formal ceriietenes?
Evaluation
a) b) c) d) No cultural impacts would occur as no specific site is under consideration. There are no proposed Zoning Code
modifications which would modify evaluation of potential impacts to cultural resources.
Conclusion: No Impact.
�r CITY OF SAN Luis OBISPo 7 INITIAL STUDY ENVIRONMENTAL CHECKLIST 2010
����0
Attachment 4
Issues, Discussion and Supporting-,nrormation Sources Sources Potent=.y. Potentially Less Than No
Significant Significant Significant Impact
ER#3-10 Issues Unless Impact
Mitigation
Incorporated
6. GEOLOGY AND SOILS. Would theproject:
a) Expose peaple or strucnges to`potential st tistanh it ;adverse 3
,a,effects,rncludmg Task of IossMin�ury or ileathsanvolvrng ;��r
i Rupture of a'Imownwearthquakeaulta as dehneated,m the' X
most;recent Alquts[ (lo,Earthguake Fay t<Zonmg 1Map
tssued.by the State=Geologtst for the area,orybased ori othe
qYl..>SiliF YF 1Y .
fry��+ 'xs'ubstanhal evrdence of a,known?fauit�., R .,>d ! F 1 ri�,�
{l' dh-1 .�(G• 1 A.'`
�y ,II Strong•sersnuc::ground stialang? ti ty< ( a w X
T 11 i t:.,Yl'> ." r
�"IIIr Sersmrc related,ground fatlu�rre-mcludmg Lquefactton7, ,` X
NYIandsltdes or ud
inflows2Lg 6 b l� 1 �t x i X
°b)r"Result m�si"bi stantial'sotl eroston�ovth'e=loss of tops�oil� �"� �"
X
locatedron�a""geologtc��utiit'si�`o�"r^s�oilFth�swunstable?oi5 that� X
would,become unstable as tra i oPthe pn ec♦} an3+potentia l
�' �.✓' I L pSyr i 'T i F K X= F t M';kt'2f. �•
result U',&or,off,sites landslides;later=al spretid n'j s, stdence;
i, lique action,or-colla
9
d) Be Dented LLon expa�asrve�sorl,, +Heflneil to Table 18 L Bbf the X
bi �I7tvfonyy$;uildtng Code creah g'substaitta�l' sks,to life
IY y+rZ'f/.L.�.T"'.!�_ ll i Mq. m• A 1'G.� y ��e•
+•7., M,` _ y s. 1.it .. 4{{4..ir..' ,° 'tlwl ��{ L �f L
e)�r Iiave�sorls incapable of adequatelyrSupporttngnlie,use oflseptic:; X
a..0 s,.'
t }'ytanks or aitemative.Nwaste wate>idisposal systems where sewers
1'"..6'Yht �' =�i V:• e i-'�.> \c!"a
Maze notavailalile for th�drs sal ofiwastefwater? ".
Evaluation
a)b)c)d) The project will not expose people to geologic hazards because it will not modify City policy on development in
areas with high geologic sensitivity.
Conclusion:No Impact.
7.GREENHOUSE GAS EMISSIONS.Would the project:
aj Gerierate°gTeenliouse,gasTerisstoits, erttier�diret tly°�or tndrectl , 1,9 X.
n` T.r r s"CS'�)x dFG*-�='9 13•t`+„ti,3+t,c,
t�hama�`have`a"stgmficant tmp�act onztl�exe�°vtmnmetiiax*a �''
b COnflIC1 wrth an a plicable lan policy or}regulagon adopt or: X
S �are .+ ✓, i a s Yil'L �,ws:-..� .5.•-F.•4tark U,,�},wa 1 ri
tithee:of`reducrn fihe emissions of eenhouse: ases:a «.. ' ,
Evaluation
a) b)The project involves updates and revisions to the Zoning Code.There are no proposed modifications which would have
the potential to generate greenhouse gas emissions and proposed modifications would not conflict with any plans to reduce
emissions of greenhouse gases.
Conclusion:No Impact.
CTI OF SAN Luis OBI8FO 8 INITIAL STUDY ENVIRONMENTAL CHECKLIST 2010
Attachment 4
Issues, Discussion and Supportin�,6formation Sources Sources Potenh-_,y Potentia"' Less Than No
Significant Significant Significant Impact
ER# 3-10 Issues Unless Impact
Mitigation
Incorporated
S.HAZARDS AND HAZARDOUS MATERIALS.Would the project:
a) Create a significant hazard to the public or the environment 1 X
through the routine transport, use, or disposal of hazardous
materials?
b) Create a significant hazard to the public or the environment X
through reasonably foreseeable upset and accident conditions
involving the release of hazardous materials into the
environment?
c) Emit hazardous emissions or handle hazardous or acutely X
hazardous materials, substances, or waste within one-quarter
mile of an existing or.proposed school?
d) Be located on a site which is included ori a list of hazardous X
materials sites compiled pursuant to' Government Code
Section 65962.5 and, as a.result, would it create a sighificant
hazard to the pubGdor the environment?,
e) For project located within an airport land use plan or,where X
such a plan has not been adopted,within two miles of a public
airport or public use airport, would the project result in a
safety hazard for people residing or working in the project
area?
f) For a project within the vicinity of a private'airstrip,would the X
Project result in a safety hazard for people residing or working
in the project area?.
g) Impair. implementation of or physically interfere with an X
adopted emergency response plan or emergency evacuation
plan?
h) Expose people or structures to a significant risk of-lew.loss, X
injury, or death involving wildland fires, including where
wildlandi are adjacent to urbanized areas or'where residences
are intermixed-wiih wildlands?
Evaluation
a) b) c) d)e) f) g) h)There are no Zoning Code revisions associated with the project which would have an effect on hazards
and hazardous materials.
Conclusion:No Impact.
9. HYDROLOGY AND WATER QUALITY. Would theproject:
a) Violate any water ,quality standards or waste discharge 1,4 X
requirements? ,
'b) Substantially .deplete groundwater supplies or` interfere X
substantially with groundwater.recharg'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 or planned uses for which permits have been
granted)?
-9)- Substantially alter the existing drainage;pattgm of the Isitet oyi i I X
i� CITY OF SAN Luis OBISpo 9 INMAL STuOY ENVIRONMENTAL CHEciaisr 2010
19A2 Z?0
Attachment 4
Issues, Discussion and SupportRg nformation Sources sources Potcu--;y" Potentially Less Than No
Significant Significant Significant Impact
ER #3-10 Issues Unless Impact
Mitigation
Incorporated
area,including through the alteration of the course of a stream or
river, in a manner which-would result in substantial erosion or
siltation on,or off site?
`d) Substantially' alter";the existing drainage pattern of the site or X
area,including through-the alterationof.the course.of a streain.or-
river, .or 'substantially increase the rate or-amount of surface,;
runoff in nianner'which would result in flooding on or off site?
e) -Create or contribute runoff water which would :exceed the X
capacity of existing or.pl_ihiied storrn watar drainage systems'or
provide substantial additional sources of polluted nmoff>.,
f) Otherw►se substandaIly degrade water qualityI; X
g)•-.Place hoiising'within a 100`yeaz flood?hazard area as mapped on, X
a'federal Flood Aazazd Boundary or:Plood Insurance Rate Map':
or other flood.hazarddelineation map? '
h)'� Expose'people'o�structures.to significant risk of loss;.injur-'
or X
death involving flooding 4 including flooding sas a result``of,the
failure of a levee or dain?•
i)Inundation b' seiche,tsunami,or mudflow? X
Evaluation
a)b)c)d)e)f)g)h)i)No impacts to water resources will occur as the project does not involve modifications to the City's policies
on water and drainage and no specific site is under consideration.
Conclusion: No Impact
10. LAND USE AND PLANNING. Would theproject:
a): Gontlict.with"appficable land tine plan,policy,or-regulation of 1-7 X
an agency _wim jurisdiction'over the project adopted ,iot'the.
Our
pose of avoiding or mitgating:an environmental effect?
b) `Physically divide an estal fished community X
c) Conflict with any apphcable habitat conservadon plan or natural X
community,con servaiion Tans?,. '
Evaluation
a)b)c)The text amendments will ensure that the City's Zoning Regulations are consistent with the General Plan.
Conclusion: No Impact.
11.NOISE. Would the proqJect result in:
a) Exposure;of people-to of generation,of Itmacceptable"_noise. 7 X
levels as defined-by the San Luis.Obispo General Plan'Noise'
Elemenf,, or >general noise ,levels in. excess`of star(dards'
established in the Noise Ordinance
b) A_substantial temporary, periodic, or.,permanent increase in. X
ambient noise levels=in the project vicinirysabove']evels existing':,
without theproJect?, =
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 X
r_two.miles-of a ublic ort`or ublic'"use,ai` rt, would the
�! CITY OF SAN LUIS OBISPO 10 INITIAL STUDY ENVIRONMENTAL CHECKLIST 2010
Attachment 4
Issues, Discussion and Supporti;g��.IT07rmation-Sources Sources potent1_7 Potentially Less Than No
Significant Significant Significant Impact
Issues Unless Impact
ER #3-10 Mitigation
I Incorporated
goject,expose poopI6.residing or work, g�m area,f6
..excessive noise.levels
Evaluation
a)b)c)d)Implementation of the text amendments will not conflict with the City's Noise Element and Noise Ordinance.
Conclusion: No Impact.
12. POPULATION AND HOUSING. Would the project:
h :directly 2).'Jnducd,td stanti V. o dit er req y 2,6 X
1. 1 1 - gro.., _jin an area,
p ation
It im:vs�',,,ob bii
61 -.1w,
;(for-`,-d-iamp e;.-��, y. pro -,!i�w
p9sipg: 0
Jfid&eci15a,(for.:example,,thrbu&�extension Fo,f
:roaQron-citherb) , Displace-substantial a,numbersr�of :
72'
X
s
tet;6ssitating QO V eine
4f
Evaluation
a) b) No impacts to population and housing will occur as the project does not involve modifications to the City's policies on
residential densities.
Conclusion: No Impact.
13. PUBLIC SERVICES. Would the project result in substantial adverse physical impacts associated with the
provision, or need, of new or physically altered government facilities, the construction of which could cause
significant environmental impacts, in order to maintain acceptable service ratios, response times, or other
performance objectives for any of the public services:
- X
On.
'Mrepr, -tecti
_9
b) Pohce protecttop� .- X
T:
X
g z
X
; ds d.
;Roa iffi,
o X
X
Evaluation
a)b)c)d)e)f) The project will not impact public services as no specific site is under consideration and no modifications are
proposed which would impact public services.
Conclusion: No Impact.
14.RECREATION. Would the project.
I r �orre_ 8
ad "g-iiona`1 aMjor-,
abase b� p X
X
q
N
q expansionofr,=Cati6tiil!fdcUities.-$Ihlchliid
; '
rihvsic Ieffedr on the environmen
Evaluation
a)b)No impacts to recreational facilities and programs will occur with implementation of the zoning text amendments.
Conclusion: No Impact.
Crry OF SAN Luis OBispo I I INITIAL STUDY ENviRONMENTAL CHECKLIST 2010
- Attachment 4
Issues, Discussion and Supportiny-,nformation Sources Sources Poteur_..y Potentially LASS Ttuw No
Significant Significant Significant Impact
issues Unless impact
ER #3-10 Mitigation
Incorporated
15. TRANSPORTATIONfMFFIC. Would theproject:
a),, Conflict_with :an applicable plan, ordinance , or,,policy 2,5 X
"establishing measures of effectiveness for the performance of the
circulation':,systein, taking into account all modes":of
transportation including mass transit and non-motorized travel
and relevant components of the:circulation.system,including but
not limited to intersections; streets, highways and,.freeways,-
pedestrian and bicycle paths,and mass transit?
b). Conflict_'wlih an applicable congestion management. program , X
including,but dotlimited to level of service standards and'.travel
,demarid measures,of'otlier s(andafds esfabiished,.by the;county
congbstion' management. agency for''designated roads _or
highways?
c), Result in a change in air traffic patterns, includingeither an. X
increase in traffic levels or a-change in location that results in
substantial safety risks?
d)- Substanfially,increase hazards.due to'a design. feature. (e.g., X
sharp curves or dangerous intersections) or incompatible uses
.(e.g.farm.equipment)?
e); Result in inadequate emergency.access? X
f) Conflict with 'adopted policiis,:-piaris,_or •programs regarding' X
'public transit, bicycle, or-pedestrian facilities, or_`otherwise
decrease the-performance or'sifety.of such facilities?
Evaluation
a) b) c) d)e) f) This project is a text amendment,and will not directly or indirectly result in transportation or traffic impacts.
There are no proposed modifications to the Zoning Code which could produce increased traffic or modify transportation
design features. Proposed modifications to parking requirements clarify existing policy and do not have the potential to result
in traffic impacts.
Conclusion: No Impact.
16.UTILITIES AND SERVICE SYSTEMS. Would theproject:
a) Exceed.wastewater 'treatment requirements of.the 'applicable' 4 X
Regional-Water Quality Control Board).-
P) Require or result in the construotron of expansion of new water,': X
treatment, wastewater treatment, water.quality control,of storm
drainage-facilities, 'th'e ;constrilefik of which could cause
significant environmental effedts?
c):_ Require .orresult;in thet'`construcfion of new storm ,water' X
drainage:facilities-:or. expapsion of.•existing facilities the:
construction of_ which could cause significant envtr6rimental
.effects?
d)r Have!sufficient water supplies available to,serve. the,',prolecY X
from 'existing' entitlements and resources, or,sare new and
exparided,entitlements needed '
e),"Result,in"a determination;by the wastewater treatment provider`•" X
which serves or may,server the'project.[tial .it,has adequate=
capacity to serve the project's projected demand m addl`q'on to'.
%;.the;provtder,s extshng co-minitments?
CITY OF SAN LUIS OBISPO 12 INITIAL STUDY ENVIRONMENTAL CHECKLIST 2010
Attachment 4
Issues, Discussion and Supporting-information Sources Sources Potent--,i� Potentially Less Than No
Significant Significant Significant impact
ER#3-10 Issues Unless Impact
Mitigation
Incorporated
f) Be served by a laridfill with sufficient permitted capacity to X
accommodate the project's solid waste disposal needs?
g) Comply with_federal,- state, and local statutes and regulations
related to solid waste?
Evaluation
a) b) c) d) e) f) g) The project will not impact utility systems as no specific site is under consideration and proposed Zoning
text amendments will not impact utilities and service systems.
Conclusion: No hn act.
17.MANDATORY FINDINGS OF SIGNIFICANCE.
a) ,Does the project have the potential to degrade the quality of the X
environment,substantially reduce the habitat of.a fish or wildlife
species, cause a fish or-wildlife population to drop below self-
sustaining. levels, threaten. to 'eliminate a plant or animal
community,reduce the number or restrict the range of d rare or
endangered,plant or animal or eliminate-important examplesof
the major. 'ods of California history or. rehisto ?
Implementation of the zoning telt amendments will not degrade the q ity of the environment.
b) Does the,project have in that are individually limited,but X
ciunulatively., considerabie?•. ("Cumulatively' considerable"
,leans that the incremental effects.of 1iprojectare considerable
when viewed in connection with,the effects of the past projects,.
the effects of other current projects;and the effects'of probable
fuiuie'projects)
No cumulative impacts are expected to occur from implementation of the zoning text amendments.
c) Does the project have .environmehiM effects, whichwill •cause X
substantial adverse effects on human beings, either directly or•
indirect! ?'=`
Implementation of the zoning text amendments will not create environmental effects that will have an adverse impact on
human beings.
18.EARLIER ANALYSES.
Eailier analysis may,be used where,pursuant to the tiering,program EIR,or other CEQE1 process, one or more effects'have
been adegtidtely analyzed to au ear i6i,J 11t.or Negative Declacatton $croon*150,631(c) (3)'(D) Ia,thts•case a discusSfon
shouId ident [he followiii items:
a) Eadier anal sis used.:Idenfi earlier analyses.and state'where_the _ace available for review.
— —
N/A
b) Impacts adequatelyladdresse&,Identify wtuch`effects froiii the above checklist weie'withiii the scope of and;adequately
analyzed iii an earlier document pursuant to applicable legal standai`&.arid�ttale wtrether such effects Were addressed:6y
mill ,tion measures based.on the.earlier:anal si§ :_
N/A
X;-) ,Mitigation measuies; For effects that:are "Less than Significant,with Mthgation Jncorporated,'Ldescribe the mitigation
measures w i were incorporated or'refined from,the earlier document and the extent to nvlucli they address site specific
conditions of the project.
N/A
19. SOURCE REFERENCES.
1. City of SLO General Plan Conservation and Open Space Element,May 2006
2. City of SLO General Plan Land Use Element,September 2004
3. City of SLO General Plan Safety Element,July 2000
��r Crry OF SAN LUIS Osispo 13 INmAL STUDY ENVIRONMENTAL CHECKLJs r 2010
Attachment 4
issues, Discussion and Supporting=:nformation Sources Sources Potenr_;f Potentially Less Than No
Significant Significant Significant Impact
ER#3-10 Issues Unless Impact
Mitigation
Incorporated
4. City of San Luis Obispo Water and Wastewater Management Element,June 2004
5. City of San Luis Obispo Circulation Element,.November 1994
6. City of San Luis Obispo Housing Element,May 2004
7. City of San Luis Obispo Noise Element and Noise Guidebook,May 1996
8. City of San Luis Obispo Parks and Recreation Element,April 2001
9. Cityof San Luis Obispo Zoning Regulations;Augmt 2009
10. CEQA Air Quality Handbook,Air.Pollution Control District,2009
11. City of San Luis Obispo Land Use Inventory and Geographic Information System,current database
12. 7 County of San Luis Obispo Airport Land Use Plan for SLO County ort,May 2005
Attachment:
Proposed zoning text amendments
CITY OF SAN LUIS OBISPO 14 INITIAL STUDY ENVIRONMENTAL CHECKLIST 2010
� Attachment 5
ORDINANCE NO. #### (2010 Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO AMENDING TITLE 17 (ZONING REGULATIONS) OF THE
MUNICIPAL CODE (GPI 3-10)
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 April 28, 2010, and recommended approval of amendments to Title 17 (Zoning
Regulations) of the Municipal Code; and
WHEREAS, the City Council 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 7, 2010, for the purpose of considering amendments to Title 17 of the Municipal
Code (GPI 3-10); 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; and
WHEREAS, notices of said public hearings were made at the time and in the manner
required by law; and
WHEREAS, the City Council has reviewed and considered the Negative Declaration of
environmental impact for the project, as prepared by staff and reviewed by the Planning
Commission; and
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 significant environmental
impacts of the proposed project, 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 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 directly implement City goals and policies.
2. The Initial Study adequately evaluates all of the potential impacts of the project and the
Negative Declaration correctly determines that the project will not have a significant
adverse impact on the environment.
SECTION 3. Chapter 17.08: Uses Allowed in Several Zones of the City of San Luis
Obispo's Municipal Code is replaced and amended to read as follows:
Ordinance No. #### (2010 Ste;) Attachment 5
GPI 3-10
Chapter 17.08: Uses Allowed In Several Zones
Sections:
17.08.010 Temporary uses.
17.08.020 Outdoor sales.
17.08.030 Service stations.
17.08.040 Concurrent sales of motor fuel and alcoholic beverages.
17.08.050 Vending machines.
17.08.060 Electronic game amusement centers.
17.08.072 Mixed Use projects.
17.08.080 Public utilities.
17.08.090 Home occupations.
17.08.095 Neighborhood grocery markets.
17.08.100 Child and adult day care.
17.08.110 Homeless shelters.
17.08.120 Location of pools and pool equipment.
17.08.130 Live/Work and work/live units
SECTION 4. Section 17.08.010.13. of the City of San Luis Obispo's Muncipal Code is
amended to read as follows:
B. Definitions. A temporary use is one which is established at a particular location for less than
one year. An intermittent use is one which occurs no more than 90 days in a year, but which may
continue from year-to-year. Temporary and intermittent uses for businesses shall consist of
activities that represent a variation from the normal business operations, e.g. parking lot sales,
benefits, and special events. Temporary and Intermittent Uses are not intended to serve the
primary purpose of allowing flexibility from Sign Regulations or other City Codes.
SECTION 5. Section 17.08.010.C.8. of the City of San Luis Obispo's Municipal Code
is amended to read as follows:
8. Other Temporary or Intermittent Uses.
Upon approval of an administrative use permit, the Director may approve other temporary or
intermittent uses, including but not limited to: musical events, auctions, estate sales, clothing
outlet sales, nonprofit benefits, parking lot sales, and car shows. At the discretion of the Director,
certain small scale events with limited duration, consisting of activities with no potential to
detrimentally affect those working and living in the vicinity may be allowed through administrative
action without a public hearing.
SECTION 6. Section 17.08.072.C. of the City of San Luis Obispo's Municipal Code is
amended to read as follows:
C. Maximum density. The residential component of a mixed use project shall comply with
the maximum density requirements of the applicable zoning district; plus density bonuses
where applicable.
-`�
Ordinance No. #### (2010 S�.`_�) � Attachment 5
GPI 3-10
SECTION 7. Section 17.08.110 of the City of San Luis Obispo's Municipal Code is
amended to read as follows:
17.08.110 Homeless Shelters.
The below requirements are for homeless shelters within the. PF zone which may be
established without use permit review. Homeless shelters in other zones, which require use
permit review, may be subject to conditions of approval with requirements that vary from
these standards.
A. The shelter shall be operated by a responsible agency or organization, with experience in
managing or providing social services.
B. The shelter shall provide at least one qualified on-site supervisors at all times, plus one
attendant for each 50 occupants.
C. A homeless shelter shall not be approved when another homeless shelter exists within
300 feet of the proposed site. This requirement may be modified by use permit.
D. Parking shall be supplied at a ratio of one vehicle space per 10 beds, and one secured
bicycle parking area designed to accommodate up to one bicycle per 10 beds.
E. Each homeless shelter shall be limited to a maximum occupancy of 250 persons (in
total), including warming shelters and daytime facilities.
F. A management plan shall be required to address how the immediate sheltering needs of
individuals who may be turned away from the shelter will be handled. The management
plan shall establish a maximum the length of time which clients maybe accommodated.
SECTION & Section 17.16.010.A.1. of the City of San Luis Obispo's Municipal Code
is amended to read as follows:
17.1.6.010 Density.
A. Determination of Allowed Development.
1. "Density" is the number of dwellings per net acre, measured in density units. In the AG, C/OS,
R-1, and R-2 zones, each single-family dwelling counts as one density unit (see definition
17.100.S.). In the other .zones, and multi-family development in the R-2 zone, different size
dwellings have density unit values as follows: (Ord. 1365 (2000 Series)(part))
a. Studio apartment, 0.50 unit;
b. One-bedroom dwelling, 0.66 unit;
C. Two-bedroom dwelling, 1..00 unit;
d. Three-bedroom dwelling, 1.50 units;
e. Dwelling with four or more bedrooms; 2.00 units.
SECTION 9. Section 17.16.020.D. of the City of San Luis Obispo's Municipal Code is
amended to read as follows:
D. What may Occupy Yards.
1. Utility Structures. Components of public utility systems may be located within street yards when
approved by the Architectural Review Commission.
Ordinance No. ##0 (2010 St �) Attachment 5
GPI 3-10
2. Fences, Walls and Hedges. Fences, walls and hedges may occupy yards to the extent provided
in Section 17.16.050. (Vegetation may be controlled by the California Solar Shade Control Act.)
3. Arbors and Trellises. Arbors and trellises may occupy yards subject to the extent provided in
Section 17.16.050. Arbors and trellises shall not be connected to or supported by a building, nor
be designed to support loads other than vines or similar plantings. They are not considered
structures for zoning purposes and shall not be used as patio covers.
4. Signs. Signs in conformance with the Sign Regulations codified in Chapter 15.40 may occupy
yards to the extent provided in those regulations.
5. Architectural Features. The following and similar architectural features may extend into a
required yard no more than 30 inches:
a. Cornices, canopies, eaves, buttresses, chimneys, solar collectors, shading louvers,
reflectors,water heater enclosures, and bay or other projecting windows that do not include
usable floor space(Figure 1).
Figure 1
b. Uncovered balconies, uncovered porches, or decks may extend into the required yard not
more than four feet or one-half the required yard distance, whichever is less. Fire escapes,
exit stairs or other required exits may be required to meet greater setbacks to comply with
Building Code requirements.
c. Decks, planters and similar features less than 30 inches above grade may be located within
the required yards.
6. Trash Enclosures. Trash enclosures which have been approved by the Architectural Review
Commission may be located within a required yard, provided no part of the enclosure is less than
three feet from any right-of-way or adopted setback line.
7. Unenclosed Parking Spaces in Other Yards. Unenclosed parking spaces and parking aisles may
be located within other yards.
8. 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.
9. Enclosed and Unenclosed Parking Spaces in Street Yard Prohibited. In no case may an enclosed
parking space or required parking space from which vehicles exit directly onto the street be
located less than 20 feet from the street right-of-way or setback line except as provided in
17.16.020E.2 below.
SECTION 10. Section 17.16.020.2.a. of the City of San Luis Obispo's Municipal Code
is amended to read as follows:
2. Discretionary Exceptions.
a. Reduced Street Yards. Upon approval of a use permit, or in conjunction with tandem
parking approval, the director may allow street yards to be reduced to zero for unenclosed
parking spaces. Street yards may be reduced to 10-feet for structures including carports.
?A2 -�
Ordinance No. ####(2010 SL _�) Attachment 5
GPI 3-10
Reductions may be approved for garages when the driveway is long enough to
accommodate a parked car that doesn't overhang the sidewalk (18.5 feet min.).
SECTION 11. Section 17.16.050. of the City of San Luis Obispo's Municipal Code is
amended to read as follows:
17.16.050 Fences, walls and hedges.
A. Purpose and Application.
1. The purpose of these regulations is to achieve a balance between concerns for privacy and public
concerns for enhancement of the community appearance, visual image of the streetscape, overall
character of neighborhoods, and to ensure the provision of adequate light, air, and public safety.
2. These regulations apply to any type of visible or tangible obstruction which has the effect of
forming a physical or visual barrier between properties or between property lines and the public
right-of-way, including but not limited to: any type of artificially constructed barriers of wood,
metal, or concrete posts connected by boards, rails, panels, wire or mesh and any type of natural
growth such as hedges, and screen plantings.
B._ Fences, walls or hedges may be placed within required yards, provided:
Mwdmum fence height
wittdn sheet yard
i
� 6
NO FENCE,WALL,OR
HEDGE TO BE TALLER /
THAN T1415 LINE
T/
FRONT vRap�r �J\���y��
Figure 8
1. The maximum height in any street yard shall be as shown in Figure 8;
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;
C. 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.
D. Fence height is measured from the adjacent grade along the lower side of the wall or fence,
directly at the base of the wall or fence.
Ordinance No. #### (2010 Sc---S) Attachment 5
GPI 3-10
E. 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 or fences must have a
minimum spacing of five feet to be considered separate structures for purposes of measuring
overall height.
F. 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.
G. A public notice shall be posted at the site of each proposed fence height exception. If anyone
informs the Community Development Department of a reasonable objection concerning the
proposed fence height exception within five days of the posting, the Director shall schedule a
hearing for the application as provided for administrative use permits. If no questions or
objections are received by the Community Development Department within five days after
posting, the Director may issue a letter of approval upon submission of all required information
and without further notice or public hearing. (Ord.,1006 - 1 (part), 1984; Ord. 941 - 1 (part), 1982:
prior code-9202.5(F))
SECTION 12. Section 17.16.060.F. of the City of San Luis Obispo's Municipal Code
is amended to read as follows:
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, subject to the approval of the Community Development Director.
2. Bicycle Spaces. Parking for bicycles shall be provided in accordance with Table 6.5. All bicycle
spaces shall be located at the ground floor level. Additional City standards and guidelines for
bicycle parking can be found in the City's Engineering Standards, Community Design Guidelines,
and Bicycle Transportation Plan. Projects which provide more bicycle and/or motorcycle spaces
than required may reduce the required car spaces at the rate of one car space for each five
bicycle spaces, up to a 10% reduction, subject to the approval of the Community Development
Director. 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. Any additional
bicycle parking provided for residential uses shall be covered.
SECTION 13. Section 17.16.060.I. of the City of San Luis Obispo's Municipal Code is
amended to read as follows:
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. In mixed use projects, required
residential parking may be reserved, but commercial parking must be made available for guests
or overflow from residences.
1,41Z-7V
Ordinance No. ####(2010 Sc.--) Attachment 5
GPI 3-10
SECTION 14. Section 17.16.060.J.1. of the City of San Luis Obispo's Municipal Code
is amended to read as follows:
J. Tandem parking.
1. 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. Tandem parking is intended
to allow for needed flexibility on constrained lots or where tandem parking is consistent with the
existing neighborhood pattern. Tandem parking shall not be used to provide for the conversion of
garage spaces.
Ordinance No. #### (2010 St- Attachment 5
GPI 3-10
SECTION 15. Table 6—Parking Requirements by Use, Section 17.16.060. of the City
of San Luis Obispo's Municipal Code is amended to read as follows:
city of smi LUIS OGISpO
IUl\' 2010 ZO111I1Q I:r-QUI\1IOt1$
TABLE 6-PARKING REQUIREMENTS BY USE
Type of Use Number of Off-Street Parking Spaces Required
AGRICULTURE
Crop production and grazing No requirerrem
Greenhouse,commercial No requirement
Livestock feed bt lAs provided in approved use permit
INDUSTRY.MANUFACTURING&PROCESSING.WHOLESALING
l3akery..-.holesale Same as fdanufaetunng-light
Fumaure and fodurss nanufacturng,cabinst shop Same as I.!anufaciuring-Light
One space per 300 square feet office or laboratory area,plus one space per 500 square feet indoor
Industrial research and development assembly or fabiicotton area,plus one space per 1,5041 square feet outdoor v.ork area or indoor
v.arehouse area
Labormcn-Medical.aal:tical,research,t==-stag One space per 100 square feet aro=_s:locr area
Laundry,dr;deanog plant One space per 500 square feet gross%or area
'.Manufacturing-Hea-.ti One space per 500 square feet gross floor area
One space per 300 square feet accessor;office area plus one space per 300 square feet to 500
[daru:faclumtg-_.ght square feet manufacturing floor area,to be dntemmW Li director accortLr3 to emplo;mint
characteristics of each use,plus one per 1,500 square het outdoor mnufactunria area
Petroleum product storage and dismbu:.W One space per 300 square feet office areas plus one spars per 500 square feet indoor storage area
plus one s ce per 2.000 square feet outdoor storage area
Photo and frim processing lab One space per 300 square feet gross floor area
Printing and puVishing One space per 100 square feet gross floor area
Recd^g fxill:es-Collection,and processir3 fair!irk One space per 500 square feet of gross floor area plus one space per I O,CCO square feet outdoor
storage area,butin no case less than 4 spaces
Rec crag facilites-Scrap and cksmanCmg yard One space per E00 square feet of gross floor area plus one space per 10.C130 square feet outdoor
storage area,but m no case less than 4 spaces
Recvd=favi tes-Small cellection facility As provided in approved use permit
Storage-personal storage facIt" One space per 300 square feet oYce area and common indoor bdiies and one space for
erery fire storage units that do not hie direct dm.e up.ehicle access
Storage';and One space per 2,000 square feet gross floor area
'.:arehana:ng,indoor storageOne space per 3v0 square feet office area plus one space per 1.593 square.feet indoor storage area
C:holssaling and distribution One space per 100 square feet office area plus one space per 1,000 square feet indoor
sales storage area.plus one space per 2.000 square feet otsdoor sales area
LODGING
Bed and breakfast inn One per room or group of rooms to he occupied as a suite.plus use for resident manager's quarters
Host; One space per fee beds,plus one for manager %%hen the hostel is part of a re-dente:one space
per fie beds-in addition to caro spaces for the residence.
Hotel,mote! One per room or group of rooms to be occupied as a sure,plus one for resident managers quarters,
Plus eaung iassemay area requirements
Recreational•.ehirde(RVI park accesse;to heel. .As provided m appro.ed use pem:a
motel
��� - 73
Ordinance No. #### (2010 Sea AffaChment 5
GPI 3-10
city or s.xn LUIS OBISPO
Z"M1111C, RCQULxTi4.1ns JULy 2olo
TABLE 6-PARKING REQUIREMENTS BY USE
Type 61F'Use: Number of Ibff-stireet Parking Spipres kequired
RECREATION.EDUCATION.&PUBLIC ASSEMBLY USES
Banlayern One space per 60 square feet ol'customeruse plus ale space per 100square feet
preparation area
Club,!odge.pirr"ate rreeting hall One space per 10 square feet office area plus ane space perfetir fixed seats orone spice per 10
square feet seating arejmtlc !fixed seats in the largest assembly room
C;oninrcral recreiton Licile;-Indoor Once space per KO square feet gross fair area
50.,.::nq a1e,5 T.-.,o spaces per line p!us one space per four seats spectaloneating area
Gonw.eraalecrez;.w* facility-Outdoor One space per SOO square feet outdoor use area
Educational conferences As provided in approved use permit
Fitness!health facility One spice per 300 square feet gross floor area
Library,museum One spice per 500 square feet storageAsplay area plus go,,emment office and meeting room
requxements
Ubran,,branch:acilav As provided in approved use permit
N.ght club One space per 60 square feel floor or outdoor ground area for customer use.incl,;d'ng seating and
dancing areas,plus one space per 100 square feet food p.rspanr.an area
Off-sitev.ine tasting room One spice per'CO square feel gross floor area
Park,playground One space per 500 square feet
Publ:c assembF,,lacilitv One space per four fixed seats or one space per 40 square feet cf a:,-.emb:v zea xitncut fixed seats
One space per four fixed seats(one space per 40 square feet seating area %.thout fixed seats}in
largest assemafy,room
Schad.-Boarding Whool,e!�- wntr,ni:dcf:e,
secondary As provided in approved use permit
Schad-Co!-ge,universay -Campus As provided in approved use perml
Schad-Co"_oge.uriwersTf-Satellite cU.sruoni One space per 60 square feet per c:atsroorn Poor al
facifit,
Schad-Elementary,middle.secondar.. T,.,o spaces per classroom plus one space per 300 square feet GfiCe,assemb:v or common area
School-Specia%zed educaborittrammg One space per 50squarefeel per classroom floor area
Special e.W, One space per 500 square feel or as pran id-cim approved use rerma
Sports and active niaeatan faCv One space per TO square feet of p-!a,-sur.aca
Sports and entertanment wsembhj ficzSty As provided in approved use permit
Stud.-o-Art,dance,martial arts,music,etc. One space per 20Q square feel gross Poor area
Thex.ei One space per four seats
Theater-Drive-in No requirement
Ordinance No. #### (2010 Se. Attachment 5
GPI 3-10
c.ltX' Or San WIS OBISPO
JUL\.2010 Z011111i1 REGULItions
TABLE 6-PARKING REQUIREMENTS BY USE
Type of Use Number of Off-Street Parking Spaces Required
RESIDENTIAL USES
Board:n. rooming house,dor= y One space per 1.5 occupants or 1.5 spaces per bedroom.•;.hiche.er is greater
Caretaker quavers T;.o spaces perd4e::rg
Converir and monasteries One space per five occupants
^ratem:y,sorority One space per 1.5 occupants or 1 5 spaces per bedroom..,.hiche.er is greater
H:gh occu ct resdential use The parking requirement snail be greaser of:1.The ntrn:ber of!pace requr.,-d for d.•.e'sings.or 1 One
Pa' off-street parking space per adult occupant less one.
Home occupation See Section ITC8090
Lire.pork units 2 spaces per unit
]'fixed-use project Same as Single-fam:y C::e:!:ngs
Motile home park 15 spaces per un:t:I space to be %ith unit
I per studio apartment:1-1.2 for first bedroom plus V2 for each addioonai bedroom in a unit,plus I
"dint:fain::dw.e zngs for each five units in deve!opmerts of more than fire units.Also see parking redcctlon paragraphs
under 17.16.060.
RBsi-demsal rare fac:ees-6 or fusser resents Same as Rest home
Residential care faci'mes-7 or rnore residents Same as Rest home
Residenurl hospice faidt• Same as Rest home
Rest home One space p?r four beds(adult) one space per fi•.ejw.er".e occupants
Single-famil.,dre'lings 2 spaces per dwelling-In the R-I and VOS zones,one space must be covered.
urcts 2 spaces per unit
Ordinance No. #### (2010 St. ) Attachment 5
GPI 3-10
cltNr Of San LUIS 01331epo
Z011111r:r 12EQ10von:; JULY 2010
TABLE 6-PARKING REQUIREMENTS BY USE
Type of Use Number of Off-Street parking Spaces Required
RETAIL SALES
Auto and seh!c!e sales and rental One space per 300 square feet office area p'us one spaca per ECO square feet parts saes service
area,plus me space per 2.000 square feet outdoor sales area
Auto parts sales,v:ith installation One space per SCO square feet grass Mar area
Auto pats sites.+:ithout rnsmfla ori One space per 5CO square feet gross Pow area
Baker✓,retail One space per 200 square feet gross Poor area
Bmldctg and landscape materia's saves,indoor One space per,CO square feet office area p5us one space per 50)square feet indoor saves area plus
one space per 2ACO square,set-varehouse area
One space per 300 square feel office area plus one space per 500 square feet indoor sages area plus
Bugdmg and landscape matetia!s saves,outdoor one space per 2.000 square feet r:amhouse or outdoor saves area
Construction and henry eq#nnt safes and rental One space per 300 square feel ofrce area plus one space per 500 square feet parts sa'.es serice
area,pbas one space per 2,000 square feet outdoor sales area
ConveLence store Tr:o spaces for en#oyee parking,plus one space per 500 square feet of gross floor area and a
ndn!mum of five bz4ee parking spaces shall be prooded per business
ExLnded hour retail S rate as speafic type of retail
Farm st; +and feed store One per 530 square feet indoor saes1V.orage area p!:s ane space per 2.000 square feet outdoor
Gp salesistorage area.
Fuel dealer(propane.etc) One per 500 square feet indoor sales%storage area plus one space per 2.000 square feet outdoor
salesstora aarea.
Farr_7ure,fur..sh:ngs,and app,"aace stores One space per 500 square feet gross Poor area
Genera!ret?-2,000 sf or less One space per 300 square feet gross Poor area
General retail-':lore than 2.000 sf.up to i5000 sf One space per MO square feet gross Mor area
General retail—More than 15,000 sf,up to 45.000 sf One space per 300 square feet gross Boor area
General retad-'.lore than 35AC0 sf.up to 00.000 sf A maximum of one space per 200 square feet gross floor area,:mth the exception for more spaces if
structured mu%4evel parking is used
General retail-':tore than Ci),OCO sf,up to 130.000 sf A matdmum of one space per 200 square feet gross Boor area,-.v;th the axcepecn for more spaces if
structured mu:ti-level parking is used
Florists and Photofinishing(retal) One space per 500 square feet Boor area
Retaa sales and repair or bicycles One space per 500 square feet Boor area
('xaceries,liquor,specmkr foods One space per 200 square feet gross Poor area
I!obile home,RV.and boat sales One space per 300 square feel office area plus one space per 500 square feet pmts sales serice
area:plus one space per 2.003 square feet outdoor sales area
Office-supporcng retail.2.000 sf or less One spar per 300 square feet gross Poar area
O..ce-suppo,ng retail,mon Than 2,000.up to c.0jQ One space per 300 square feet gross Coor area
sf
Outdoor temporary and-or seasonal sales See Sectim 17.08.020
Produce stand One space per 300 square feel gross Boor area
One space per 60 sq.ft.customer use area,including vatting se=ng,counter serice areas,and
Restaurant dancing areas.plus one space per 100 sq.1.food preparation,mdudarg counter space.pantry
storage,and dish::ashing areas.Walls,has,restrooms,and dead storage areas do not count as
either customer use or food"preparation Boor area
Service station(see also"vehicle services) one space for attendant booth plus Nee per serice hay plus one space per four fuel pumps
Warehouse.stores-46-000 sf or less gfa A:Inimum one space per 300 square feet gross Boor area
:cenouse stores-more Than 35,000 sf gfa A maximum of one space per 200 square feet gross Boor area,v.th the excepton for more spaces if
structured muA-evel parking is used
��a -76
Ordinance No. #### (2010 Se-_,,) Attachment 5
GPI 3-10
c.lt\r of Stn IuIS OBISPO
duly 2010 z011111c, recuLItlons
TABLE 6-PARKING REQUIREMENTS BY USE
Type of Use ; Number of Off-Street Parkin$Spaces Required
SERVICES-BUSINESS.FINANCIAL&PROFESSIONAL
ATt:'s No requirement
Barks and tinanc:al sernces One space per 300 square feet gross floor area
Business support seraices One space per 300 square fee;gross faoor area
Convalescent hospital Same as Medical ser.,ice-Extended care
%ledica!service-0:,nz,laboratory,urgent care t,'.ettical,dental,and other hea'.th sen9ces:one per 200 square fi=t grate door area.
Merica!service-Doctor office Medical,dental.and other heath sei aices:one per 200 square feet gross f3mr area.
Medica!semce-Extended care One space per four beds(adult):one space per fisejtrvenle occupants
Medical eengce-Hospital One space per bed
Office-Accessory As requ'red for princ:p!e use
Office-Business and ssrv;ce One space per 300 square feet gross floor area
Office-rGo,emment Offices:one per 300 square feel gross floor area.Fleeting rooms..one per four fixed seats or one per
40 square feat of seating area eithoul fixed seats
Post offices One space per 308 square feet office,sorting,customer service area p!us one space per 500 square
feet:rusk handling
CNce-Processing One space per 200 square fest grass floor area
Office-production and adr,.:nisiratite One space per 300 square feet grecs floor area
Office-Profess:ona! Medical dental and other health ser:icesi one per 200 square feet gross floor area. ,ll others:one
space per 340 square feet gross floor area.
Office-Temporary See Sector,17.4kAt4 C
Photographer,photographic studio One space per 200 square fee!gross floor area
a
Ordinance No. #### (2010 St.-)) �
GPI 3-10 Attachment 5
cit' o� sin lois omspo
zonmr, PEGIII.XLkons •LI1V 2010
TABLE 6-PARKING REQUIREMENTS BY USE
Type of Use Number of Off-Street Parking Spaces Required
SERVICES-GENERAL
Catering ser,ice One space per 100 square feet food preparation area
Cemeter;.mausoleum.co!umbanum One space per 500 square feet of budding area
Day care-Da;care center(child;adult) T:;o spaces plus one per 11 ci:ents
Dau care-Famili;da,,care home{smallilarge i small firmly dx�care-same.as far"m3::eAong<"_Large family day care-One space plus required
residential parking.
One per 300 square fest office area plus I per 500 square fe0 mcloor dispfaw'storag>pious I per
Equipment renal 1;000 square feet outdoor displawstorage
Food bankrpackaged rood distribution cerrer One space per 350 square feet of office plus one space per 1,500 square feet of indoor storage
Hornc!ess shelter T.-.o spaces for the facility p!us One space for each six occupants at maximum a':ov:ed occupancy
Maintenance serice,client site services One space per 300 square feet gross floor area
Mortuary,funeral home I per four fixed seats or 1 per 10 square feet assembl•{area,v hichever ms greater
Personal services One space per 20 square feet gross floor area
Repair services-Small appliances,shoes,etc. One space per ICO square feet
SeH serice laundn'd:r cleaner One Space per each`,our flashers or dryers
Public safety facilities One space per 55O square feet gross floor area
Public utilib;facilities One space per 3CO square feet once area p!us one space per 1,S00 square feet °:arehouse.`serice
area plus space for fleet:ehictes
Repair service-Equipment,large appliances..etc. One space per SCO square feet gross Poor area
Soaal serice organization One space per 3CO square feet gross"oor area
VeNcle services-Repair and maintenance-Major One space per 550 square feet gross floor area
Vehicle seroces-Repair and maintenance- .1inor One space per 500 square feet gross floor area
Serice stations One space for attendant tooth plus too per serice bay plus one space per four fuel pumps
Vehicle services-Caruash T:,-o spaces plus sufficient;wailing line(s)or Two spaces plus.::aching area(s)
Vetennary c1miohasp,.U.boardng,large animal One space per SCO square feet gross goer area
Veterinar•efinicihospital,boardng.snJ1 annul. One space per 300 square feet gross floor area
indoor
Veterinar;clinicbospital,boardng,small animal.
One space per:500 square;tet grass"acr area
a::tdoor
TRANSPORTATION&COMMUNICATIONS
a::(fort To be determined::hen use permit is approved
Ambulance,maxi,ander limousine dispatch facil,ty
One space per 300 square feet office area plus one space per 1 000 square feet garage:'.:arahnu52
area
Ambulance<_errices Three spaces per emergency vehicle
Broadcast studio One space per 300 square feet gross Poor area
He::port As pm Aded in sppraaed use permit
Ra:'.road faalices One space per 300 square feel office or:caning room
Transit station or Nrm:tma. One space per 300 square feet office;.va ling area plus one space per 1.000 square feet
houseloamcie area
Truck or freight terminal One space per 300 square feet office plus one space per 1,000 square feet garageisarehouse area
Water and treatment plans and ser:ices One space per 300 square feet once plus one spate per 1.4500 square feet arhause?ser:ire area
S.'ater and s•vaste.vater treatment plants As provided in approved use pemxt
��� _/U
Ordinance No. #### (2010 Se. ) Attachment 5
GPI 3-10
SECTION 16. Section 17.17.075 of the City of San Luis Obispo's Municipal Code is
amended and renumbered to read as follows:
17.17.075 Neighborhood preservation.
It shall be unlawful and a public nuisance for any person, firm or corporation, owning, leasing, occupying,
or having possession of any private property in the City to maintain such property in such a manner that
any of the following conditions are found to exist thereon:
1. Refuse, green waste, and recycling receptacles shall not be within in the front yard area except
as provided in Municipal Code section 8.04 which states: Refuse and garbage containers shall
not be placed adjacent to the street for pickup more than twenty-four hours before pickup time,
and such containers shall be removed within the twelve-hour period following pickup, except in
the Business Improvement Area (as defined in Chapter 12.36). In the Business Improvement
Area, refuse and garbage containers shall not be placed adjacent to the street for pickup before
5:00 p.m. or the close of business on the day preceding pickup, whichever is later. Such
containers shall be removed before 10:00 a.m. following pickup. The "front yard" area is defined
as: The area of a residential lot that lies between the street property line and the walls of any
residences that face the street. (Ord. 1277, 1995).
2. Buildings which are abandoned, partially destroyed or damaged or left in an unreasonable state
of partial construction, whose owners have been notified by the City that the property has been
determined to be in violation of this section. An abandoned building means any building or
structure which is not occupied, used or secured for a period of one (1) year or more. A partially
destroyed or damaged building means any building or structure in which 25% or more of the
structure has been destroyed or damaged and not repaired or replaced for a period of one (1)
year or more. An unreasonable state of partial construction is defined as any unfinished building
or structure that has been in the course of construction for two (2) years or more, and the
condition of said unfinished building or structure or accumulation of construction materials
substantially detracts from the appearance of the immediate neighborhood.
3. Paint or finish material on the exterior surface of a building or other structure that has become
substantially deteriorated, damaged, or unsightly so as to significantly detract from the
appearance of the immediate neighborhood. For the purposes of this Chapter, "substantially'
shall be defined as the absence or deterioration of a required protective covering exceeding 25%
of the exterior surface area, including, but not limited to, chipping, curling, damaged or missing
paint. Exterior surfaces shall include gutters, downspouts, trim, doors, window,fences, and walls.
4. Broken, deteriorated, neglected, abandoned, or substantially defaced structures, equipment,
machinery, ponds, pools, or excavations visually impacting on the neighborhood or presenting a
risk to public safety or nuisance attractive to children. For the purposes of this Chapter, "nuisance
attractive to children" shall mean any condition, instrumentality or machine located in a building or
on premises, which is or may be unsafe or dangerous to children by reason of their inability to
appreciate the peril therein, and which may reasonably be expected to attract children to the
premises and risk injury by playing with, in, or on it.
5. Parking lots, driveways, paths or other paved surfaces, except when located in a rear or side yard
of a single family dwelling, which contain substantial cracks, potholes or other deficiencies posing
a substantial risk of harm to the public.
6. Trees, weeds, or other types of vegetation that are dead, decayed, infested, diseased,
overgrown, or harbor rats or vermin and are visible from a public right-of-way. For the purpose of
this chapter, 'overgrown" is limited to lawns or weeds over 12" in height. Creek, riparian areas,
open space, grassland communities, or other sensitive habitat and unique resource areas as
defined by the General Plan are subject to separate regulations.
� � —7�
Attachment 5
Ordinance No. #### (20 10 SE ;)
GPI 3-10
7. Buildings, structures, or other surfaces upon which graffiti exists. Graffiti, as used in this Chapter,
shall mean defacement, damage, or destruction by the presence of paint, ink, chalk, dye, or other
similar substance; or by carving, etching, or other engraving.
8. Any violation of the provisions of a conditional use permit, planned development permit,
architectural review approval, variance or other land use entitlement or land use permit.
9. Maintenance of property in such condition as to be detrimental to the public health, safety, or
general welfare in such a manner as to constitute a public nuisance as defined by Civil Code
Section 3480. (Ord. 1412—2002 Series)
e .
Ordinance No. #### (2010 Se,_,> Attachment 5
1
GPI 3-10
SECTION 17. Table 9 —Uses Allowed by Zone, Section 17.22: Use Regulation, of the
City of San Luis Obispo's Municipal Code is amended to read as follows:
Cltr o}San LUIS ocwpc,
ZO11111G veouL\tlons IUL\'2010
TABLE 9-USES ALLOWED BY ZONE
Permit Requirement by Zoning District Specific use:
'Land Use I AG C'OS R1 I R2 I R3 I Rd I PP 0't1 CN I CX I C-D I CR I C-T I CS I M I gP ReguLitlorm
AGRICULTURE
C^op p'cd::cuon and gra`i.g A A A A D D
^�rxnhrntse.cammercuzi PC PC
Lr es!ock`eed lot PC PC
INDUSTRY.MANUFACTURING&PROCESSING,WHOLESALING
3akerv..aho!esale a, A PC
r,s'n:[ure a ,azures mann -ng, me
shop D
Industnai research and de„etupment PC D D
taberatcry-V.edx:J..anal,tica'.research,
testing PC A A A A
Laurdn•,dry dea^-�n(t plant A
:.amnactunn -Hea, PC PC
%ianufacturing-Light D A A
Pesaleum product storage and Lsint-6or, C
Photo and fine processing lab A A
Printm and pub:!shng A A A
Reeding f3a50ss-Cd'ecuon and process.ng
fac Sty D
Rec dng faa ues-Saap and distna^1`ng ,xd D
Recc,TLng fact::ties-Small collection`.a0t, D D D
Storage-Persona:.vzorage faa;r- A
SSNmge yard D
Y.amhausheg,mdear s!orzge A A PC
:'.ha:esafing and tsmbution PC
LODGING
3edand'creakfasi nn D PC PC Ak A A
Hcme,'ess shelter PC PC A PC PC PC PC PC PC PC PC: JTC5.':g
He=_tel PC PC A A
Hotel,nrotel s 41 PC
Racreat(mad tehxle iRV)park accessor,m note%mote! Pr
Vacman Renu, F—T 17-22.5
Key: A=A9axed D=Dreaor's Use Pemut apprwal reg”:red PC=Piznn'.ng Commission Use Permit approeal recused
AID=Diractces appro val on wound floor,a'.bsed on second ffocr or nitave
Note: Foctnotes affecorg spscifc?and uses folk.:the tah:e.
Ordinance No. #### (2010 St- J Attachment 5
GPI 3-10
city of son tuts otwpo
1ut\•2010 zonin; rcc,tlLxtims
TABLE 9-USES ALLOWED BY ZONE-Continued
Permit Requirement by zoning District Specific use
.. .. ., .. ., .... .... .. Requiations
Land U,e AG 0:6 R7 R2 R3 R4 PF 0(7j.C-N C-e C-Q C-R C-T CJ M17 BP
RECREATION.EDUCATION,8 PUBLIC ASSEMBLY USES
Sart:.»m D D D iQ D
C'.ub.!odge,pm-ate meebcx)hall D D - D a D D n D
Canmercial recremcn faa:st J-Indoor PC D D Q D D(T2) PC D 17 08 0r 0
Ca^-meraal rxreaton iaci::ry-O-'-:'.door PG PC
Educational wa!srences D D D D ',7.08.010.0 6
F:inessfiea.:h faci.ir, D D D PC A D
Go:`Course PC
Librar:.museum PC D D D D
L:brar,%L=6n aulJv D D D D
;:, ht club D Q D D D D Chapter 17 D5
Off-site:.-me tasting room A A
Park.playground D D A %. .A A D D A A
Public a-s-emb!y facilit: PC D D D D fD(7) Dr7)
Rel:goas facCty PC D D D D A D D D A Di7j
Sclm!-Boarding school,e!envntw.y,middle,
seca.dar, PC ?C
School-Col!ege.wuver v campus PC
School-College,ur,ersmr-Sate"_te
classroom faci5ty
Scimol-Eiemenurf,middle,secondary PC PC D D PC D
Bowol-Spewlc-d>dueitron'var.:, PC %JD Ari) A A A
sp-Cxai event D D D D D D D D D 17.0&.010
S ons and am a re -abaa foal ti PC PC PC PC
Sports and enterta:rmem ass»mbly hurt;: PC PC
Studo-Art,dance,mama.(arts.rous:c.etc. D D 1L) LIr
A PCThaaL>rPC(8) D D Chapter 17.95
Theater-Dn�e-in R; PC
RESIDENTIAL USES
Boordng'roonmg house,dorm;orr PC D D Q Chapter 17.20
Caretaker quarters A A A A A A A AI A A A I A D
Convents and monasteries PC A A D
raten-m,wrong PC PC:
Hieccupanc,,res&ntul use D D
Home o upatran H H H H H H H H H H H H H H 17.08.,399
U.,-i.%ork units A A A A A 17.08.120
;:fixed-use.proea A A A A A A PC PC 1708072
Mob.le home as teraporary residence at
bu:!dmg s e A A A A A
ttoinle home park A A, A A
:ultrfaner d:=_fns D D
Res:denbal care tac_:tes-s,or fe.�.er residents A A A A A AID ASD k"D r l
Residential care facL Les-l or nwre,tes:dents .A A A A D A:D AID D
ResidentA hospce haft• PC PC D PG PC D
Ren home A. A A A A D. AJD A D D
Sum�le-fant1:Qr:i?'iny A A Ai2J A A A D D
Sewndarg d::elang units A A A A A G"apter t7.21
'XotkAr;e um;ts D D 17.93220
Key: A=A2oaed D=Dir?Cfors Use Femt apFrarai required PC=P'ann:ng Cxnmiss:on Lis=Pemi:t appm.ai requred
AID=Direttor's appro�ai pn ground fkwr,ago:.ed on second fkwr er atxr» H=Home Occupaf.on Permit required
Note: Foomotes affeecng spscific Wnd uses toilo..the taae.
Ordinance No. #### (2010 Se._,j Attachment 5
GPI 3-10
city of smn Lues omspo
Z011111c, vec'(11mlons lute 2010
TABLE 9-USES ALLOWED BY ZONE-Continued
_ _. .. .. :Permit Requirettzem by Zoning District Spe�UieLand Use AG 005 R1 R2 R0. Rb PI° 0(1) CN' C-C CD C.R CT CS rAgpReg
RETAIL SALES
Auto a:ul:eha:le sales and:arta; D PC
Auto parts saves..x:th irstaAat:on D(5)
Auto parts save=,z-1hout mstallal.m A D AA
6akerl.reW A A A .A A D D
5uikPma and landscape rnxena'.s sales,indoor A A -
SuiAhc;and landscape mater"sales.a tuor D D A
Construction and heaw_:e,voment saves and
rental 0 D
Com:emence store D D D A A A A A D D D ITKO95
Extended hour retail D D D D D D D D
Fam suppti and feed store PC
Fuel dealer(propane,etc) D A
Fwmaure,fums:hings,and apa:ance stores A, .A
General retail-2.000 st or less AO) A ? A.
General reta:-More,than 2.0w St.up to
15,000 sf 0,31 D A A
o-eneml retaa-.'.ore an
15,WO m,up to
4=.000 sf D A A D
General retail- .;ore man 45„030 at,up to
66.000 s` D AA
�ezleraj reia.-Ntore man EU.wu sf,up to
I,o.UJO st PC PC PC
Groceries,liquor,specialrr foods I At 113)1 A A A PC
tdoL•ile home,RV,and boat sa:es PC
Offic�soyport::x3 retal.2;10 sf or less A A D
Office-supporting rata:,More than 2,000,up to
5,000 sf D D A A D
Outdoor temporary and.`or seasonal sales See Seam 17.08.020 17.08.620
Produce stand D D .A A A A
Restaurant A ID
A A A. D D
Outdoor 55d'GrX.amessora to restaurant D D D D D DSer'.:ce station(see-also"vehide serv¢es') D D 017 08,336
"enchng machine See Svecon 17.08-020 r 17.0@ 020
arehouse stores 5,6.30 sf or iess gfa D D I D
Warehouse stores-morethan 45,M10 sl0a PC I P; I I PC
Key: A=A-1!o.-.-d D=Duedofs Use Perm1 appvsal required PC=Planning Comm;s*ti Use Permit approval required
AID=Director's approval on ground floor,a"a.�ed on second fiox oc abo:e
Note: Footnotes affect.N spevac and uses folknw,the table.
19�2 J3
Ordinance No. ####(2010 Se. .)
Attachment 5
GPI 3-10
Clty 0r SMI LUIS 061Sp0
jULy 2klio zonlnu rr.c,ULmkm)s
TABLE 9-USES ALLOWED BY ZONE-Continued
Permit Requirement by Zonin@ District. Specific use
Land Use I AG 1'0051 Bt I R2 I R7 .R4 PF U(1) 'C-N C-C CI) C-R C-T C-S I M I BP Rogulations
SERVICES-BUSINESS,FINANCIAL&PROFESSIONAL
.Tt,!s A .A .>
Banks and Unanaa'.services A A A .A D(4) D�4) D
3usin�s suppod seoices ? A ASD A A A A
::edical service-Clin:c.Isbotntorr,urgent care D D A D(11; D(I.1
:°ed:r-al serice-Do&aroffice A A%D rtD A DTII DO 1)
:!edical service-Extended care PC PC D PC PC D
Me iml service-Hospital PC PC
Ccma!escent hospital PC PC
Cfice-Accessory A A A A n tD,�"4) D.4)
OE:ce-Business and seine A A AD A D
01cs-Ga.etrtment D PC AP
Office-Process:r�o D D C A
Office-Production and admnistrati,e A AID =JD A A
O`fice-Professional A 4+D A'D AD
C'Mce-Temporaro See Sect:on 17.-,e 0110 C
P rapher, hc:ograph:c studio A :vD A PG
SERVICES-GENERAL
Caterng seance D D A. D A A
Cemetery,mauso:eum,columbanum PC PC PC PC PC PC PC PC PC PC
Copiirg and Quick Printer Ser:ce A A A A a A
Da"care-Day rare certsr fch�',diaduill D(91 Dthl 1)(9) D(5) D(3! A A, A kD ADL Di"v) Df9) D 17.09100
Da care-Fanuly da i care home fsna:lilargei A A + A. A AA A A A. 17.08 100
Equipment rental A D
Food bankfpacka ed food distribution,center D D
Maintenance sen;ce,client site writes A. A PC
t,'oruarr.funerd hcr:e D D A D
Personal services A A A D A D
Personal services-Restdcfed D D
Public safety facutes PC PC
PuL•;ic uc":rcf fad:ic:es PC A 17.0E.0A0
spa lr service- qu:pment.large appaancas.
etc A A D
Re=sidential Support Services A A A
Soaal service organizatmn D A A A D
Vehide ser:mes-Repxr and mantenance-
Major A A 0
V ehids ser,kes-Repsr and maintenance-
:7i= PC D A A D
Vehic!e ser;ices-Car.vmh D D PC D D
Yeterinar,CLmc:hosp:tal,9oardin ,lanae animal PC PC D D
Ietennary U:r.:c mp:L�.,bearduig.anal
amnia!,indoor D D A: A.D A
etwr 'c a::c csp:u..boarding,sniall
aacma%outdoor D
Key: A= ".a-:ed D=Directors Use Perm:t approval required PC=Planing Con:m?ss:on Use remit 1p-' :-al required
AiD-Directors approval on ground flow,a::o+:ed on second floor or abc.
Note: Footnotes affecting specific land uses lollw.-the tab's.
Ordinance No. #i### (2010 SE. ,)
Attachment 5
GPI 3-10
TABLE 9-USES ALLOWED BY ZONE-Continued
Permit Requirement by Zoning Distriet Specific use
Land Use I AG GOS R1 I R2 I R3 R4 I PF 1 0(1i C.N I C-C I C-D I C-R I C-T I C-S. M I gP Regulations
TRANSPORTATION S COMMUNICATIONS
,",trprol PC. ar D
Amta:ance,taxi.ardor lrrousine dspatch
ac:ir. A D D
Amewas aril telecom•"^.:wens�acditss D D G D D D 6 D D D D 17. e.l2u
Pmduccan-5:aadClst stud.D A 3.D A A A 41
':oda Prod.�ton-Sack:o:soutdoor face...^,ies
and sotmdstaees D D D
He:-Pon PC P� PC
ParF-.g facdT, PCt,l PC.o, PCPs; 0,6; Da•ii Ci61
Parkr.a faallr-!.1ua:--Ie.e: PCd6l pr(s� FC;6.PCS^i PC(,�,P0i61
Parkngfadl-,-Temparar, PC D D D D D D D D 17 C8 ON,
Ra_road fauxes D A
Twort s=on,or termnal PC PC PC D
T At sop A. A A A A A A
Truck or freight te.^r_-na! D
"oater and,•aste..aie:treatr..mtt pants and
r,:C05 1 1 1 1 PC PC
Key: A=A.o,.-.-d D=D,. ctur's Use Perm-,anpro.,ai rerfa:red PC=Planning Commis»n Use Penna approval regmred
AID=1);mc[ar s appm,.ai on gonad fluor.abred on secnnd f',00r or abase
Nae: f-aaumtes a:?ecerg specik land uses fella:.the tah:e_
SECTION 18. Section 17.23.040.6 of the City of San Luis Obispo's Municipal Code is
amended to read as follows:
6. The maximum light intensity on a sports field shall not exceed a maintained value of 50 footcandles,
when measured three feet above grade. Baseball field lighting and lighting for other recreational
uses may be increased to a maintained value of 100 footcandles with approval of the Community
Development Director.
SECTION 19. Section 17.26.020.A of the City of San Luis Obispo's Municipal Code
is amended to read as follows:
17.26.20 Property development standards.
The property development standards for the R-2 zone are as follows:
A. Maximum density: Multi-family: 12 density units per net acre (see also Section 17.16.010).
Single-family: 7 density units per net acre (see also Section 17.16.010).
Ordinance No. ####(2010 Se.�j AttaChfnent S
GPI 3-10
SECTION 20. Section 17.50.020.E. of the City of San Luis Obispo's Municipal Code
is amended to read as follows:
E. Scope of approval. The application of the PD overlay to property may include the adjustment or
modification, where necessary and justifiable, of any applicable development standard of these
Zoning Regulations (e.g., building height, floor area ratio, parcel size, parking, setbacks, etc.), or
of the City's Subdivision Regulations.The maximum density as allowed by cross-slope % may be
adjusted but shall not exceed the maximum density allowed in the average cross-slope category
0-15%for the applicable zoning district.
SECTION 21. Section 17.58.070. of the City of San Luis Obispo's Municipal Code is
amended to read as follows:
17.58.070 Requirement for and compliance with use permits.
A. When more than one use permit - including more than one type of use permit - is required by
individual sections of these regulations, only one use permit application need be filed and acted
upon. If both an administrative use permit or permits would simultaneously be required by
separate sections, one Planning Commission use permit shall be processed to cover all
requirements. If an administrative use permit for site development exceptions and/or requests for
shared and mixed use parking reductions, and review by the Architectural Review Commission
are required, then only the architectural review application need be filed. Use permit applications
for land uses pursuant to Table 9, Chapter 17.22 may not be reviewed in conjunction with
architectural review and require filing of a separate application and payment of fees.
B. The modification or addition to a use requiring use-permit approval shall itself be subject to use-
permit approval. The addition of an allowed use to a premises occupied by a conditionally
allowed use shall require use-permit approval of the type required for the existing use. The
Director shall determine when such an addition or change is of such a minor or incidental nature
that the intent of these regulations can be met without further use permit control.
C. Any conditions established pursuant to these regulations shall be met before the use is
established, except that the Director, Planning Commission, or on appeal, the Council, may
establish a schedule for certain conditions to be met after establishment of the use. Continuance
of the use shall then be contingent on complying with the schedule for meeting deferred
conditions.
D. If a structure or associated site development authorized by use permit is not issued building
permits within three years of the date of approval, the use permit shall expire. Upon written
request received prior to expiration, the Director may grant renewals of use permit approval for
successive periods of not more than one year each. Approvals of such renewals shall be in
writing and for a specific period. Renewals may be approved with new or modified conditions
upon a finding that the circumstances under which the use permit was originally approved have
substantially changed. Renewal of a use permit shall not require public notice or hearing, unless
the renewal is subject to new or modified conditions. In order to approve a renewal, the Director
must make the findings required for initial approval. (Ord. 941 - 1 (part), 1982: prior code -
9204.2(G))
SECTION 22. Section 17.60.050. of the City of San Luis Obispo's Municipal Code is
amended to read as follows:.
Attachment 5
Ordinance No. #l### (2010 Sc
GPI 3-10
17.60.50 Expiration.
If building permits are not issued for site development.authorized by variance within three years of the
date of approval or such longer time as may be stipulated as a condition of approval, the variance shall
expire. Upon written request received prior to expiration, the Director may grant renewals of variance
approval for successive periods of not more than one year each. Approvals of such renewals shall be in
writing and for a specific period. Renewals may be approved with new or modified conditions upon a
finding that the circumstances under which the variance was originally approved have substantially
changed. Renewal of a variance.shall not require public notice or hearing, unless the renewal is subject
to new or modified conditions. In order to approve a renewal, the. Director must make the findings
required for initial approval. (Ord. 1.006 - 1 (part), 1984: prior code-9204.3(E))
SECTION 23. New Chapter 17.65: Inactive Applications, of the City of San Luis
Obispo's Municipal Code is hereby adopted to read as follows:
Chapter 17.65: INACTIVE APPLICATIONS
Sections:
17.65.010 Applications Deemed withdrawn after 180 days of inactivity.
A. An application will be classified as "inactive' when the applicant has not adequately responded within
180 days to submittal items required by staff for further processing as provided in an incomplete letter.
The Director shall determine when an application is in an "inactive status" and 30 day extensions may
be granted at the discretion of the Director. Any determination of inactive status is subject to appeal
procedures of Chapter 17.66.
SECTION 24. Chapter 17.89 of the San Luis Obispo Municipal Code is hereby repealed
in its entirety.
SECTION 25. Section 17.94.020 of the City of San Luis Obispo's Municipal Code is
amended to read as follows:
17.94.020 Authority.
This chapter establishes procedures and requirements for development agreements. The purposes
specified in and as authorized by Article 2.5, Chapter 4, Title 7 of the Government Code, Sections 65864
et seq. The planning commission may recommend and the city council may enter into a development
agreement for the development of real property with any person having a legal or equitable interest in
such property, as provided below. At its sole discretion, the council may, but is not required to, approve a
development agreement where a clear public benefit or public purpose can be demonstrated. (Ord. 1134
§ 1 (part), 1989)
SECTION 26. Section 17.100.A Definition of"Ambient Entertainment", of the City of
San Luis Obispo's Municipal Code is amended to read as follows:
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.
��� 97
Ordinance No. #### (2010 Se._,j Attachment 5
GPI 3-10
SECTION 27. Section 17.100.B Definition of "Building Envelope" & "Building
Footprint", of the City of San Luis Obispo's Municipal Code is hereby amended to add a new,
definition as follows:
Building Envelope (see also Development Envelope and Coverage). The building envelope is the three
dimensional space enclosed by the exterior surfaces of a building or structure.
Building Footprint. The building footprint is that portion of a lot covered by a building or structure
measured at the surface level, measured on a horizontal plane.
SECTION 28. Section 17.100.0 Definition of "Coverage", of the City of San Luis
Obispo"s Municipal Code is hereby amended to add a new definition as follows:
Coverage. The area of a structure on or above the ground including upper level projections and living
areas, as well as covered or uncovered decks, balconies, porches and similar architectural features
expressed as a percentage of the total lot area. Uncovered decks, balconies, and porches which are 30
inches or less from the ground shall not be included in the determination of coverage. See figures 5 & 6,
Section 17.16.030. Roof eaves which project 30 inches or less from the structure are not included in the
determination of coverage. For roof eaves which exceed 30 inches from the structure, the first 30 inches
shall not be included in lot coverage and the remaining length shall be included in the determination of
coverage.
SECTION 29. Section 17.100.D Definition of"Development Envelope", of the City of
San Luis Obispo's Municipal Code is hereby amended to add a new definition as follows:
Development Envelope. (see also building envelope and coverage) That area on a lot that
encompasses all development including but not limited to excavation, fill, grading, storage, demolition,
structures, building heights, decks, roof overhangs, porches, patios, terraces, pools, and any areas of
disturbance including access ways, and parking. Approved plantings of landscape materials on natural
grade and approved walkways and driveways may occur outside of a development envelope.
SECTION 30. Section 17.100.H Definition of "Hedge", of the City of San Luis
Obispo's Municipal Code is hereby amended to add a new definition as follows:
Hedge. A barrier or boundary formed by a dense row of shrubs or low trees.
SECTION 31. Definition of"Personal Services", Section 17.100.P. of the City of San
Luis Obispo's Municipal Code is amended to read as follows:
Personal Services. Establishments providing non-medical services to individuals as a primary use.
Examples of these uses include:
barber and beauty shops
clothing rental
dry cleaning pick-up stores with limited equipment
home electronics and small appliance repair
laundromats (self-service laundries)
massage(licensed, therapeutic, non-sexual)
Ordinance No. ####(2010 S3 Attachment 5
GPI 3-10
shoe repair shops
tailors
tanning salons
pet grooming (indoor use only, no overnight boarding)
These uses may also include accessory retail sales of products related to the services provided.
SECTION 32. Definition of"Single-Family Dwelling', Section 17.100.S. of the City
of San Luis Obispo's Municipal Code is amended to read as follows:
Single-Family Dwelling. A building designed for and/or occupied exclusively by one family, or one or
more persons occupying premises and living as a single housekeeping unit which is not attached to or
located on a lot with commercial uses. Single-family dwellings contain one dwelling on one lot. Single
family dwellings may also include approved secondary dwelling units. Also includes factory-built, modular
housing units, constructed in compliance with the Uniform Building Code (UBC), and mobile
homes/manufactured housing units that comply with the National Manufactured Housing Construction
and Safety Standards Act of 1974, placed on permanent foundations.
SECTION 33. Section 17.100.T Definition of"Transit Station or Terminal" & "Transit
Stop", of the City of San Luis Obispo's Municipal Code is hereby amended to add a new
definition as follows:
Transit Station or Terminal. A facility or location with the primary purpose of transfer, loading, and
unloading of passengers and baggage, May include facilities for the provision of passenger services such
as ticketing, restrooms, lockers, waiting areas, passenger vehicle parking and bus bays, for layover
parking, and interior bus cleaning and incidental repair.
Transit Stop. A facility located within the public right-of-way at selected points along transit routes for
passenger pickup, drop off, or transfer, but excluding areas for vehicle repair or storage, passenger
ticketing and parking, which are defined as a transit station or terminal.
SECTION 34. Severability. If any subdivision, paragraph, sentence, clause, or phrase
of this ordinance is, for any reason, held to be invalid or unenforceable by a court of competent
jurisdiction, such invalidity or unenforceability shall not affect the validity or enforcement of the
remaining portions of this ordinance, or any other provisions of the City's rules and regulations.
It is the City's express intent that each remaining portion would have been adopted irrespective
of the fact that any one or more subdivisions, paragraphs, sentences, clauses, or phrases be
declared invalid or unenforceable.
SECTION 35. 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 , 2010, AND FINALLY ADOPTED by
the Council of the City of San Luis Obispo on the day of , 2010, on the following
vote:
Ordinance No. #### (2010 Se. _ ,) �%
Attachment 5
GPI 3-10
AYES:
NOES:
ABSENT:
Mayor David F. Romero
ATTEST:
Elaina Cano, City Clerk
APPROVED 4S TO F
QW
Christine Dietrick, City Attorney
T:CouncilAgendaReports/Communi tyDevelopmentCARs/2010/ZoningRegul ationsOrdinance
;��� -7d
RECEIVED
From: Frank Kassak[SMTP:FKASSAK@SBCGLOBAL.NET] SEP 0 7 2010
Sent: Monday, September 06, 2010 3:49:01 PM
To: Council, SloCity SLO CITY CLERK
Subject: Trash can placement
Auto forwarded by a Rule
With out proper screening of trash cans the suggestion by staff for placement of cans will
not work in many of out rental in our neighborhood. Has any one taken the tin-me for
walk around to see what we are up against?
On another issue changing the calculation for R-2 density will destroy R-2 neighborhoods
just like it has destroyed some R-1 neighborhoods including the one I live in that being
Old Garden Creek. Where are all of these people going to park? With the majority
70%of the rentals housing 4 or more students now and NO off street parking two
vehicles can barley pass each other now. The street sweeper is joke as they never get
even close to the curb,happily going up and down the middle of the street nine months
out of the year.
t(4� COX,
RED FILE rs000NCIL C'CDD DIR
— (MEETING AGENDA �� � C3'�IN DIR
DATE_9 3 Iy p q�N� SIRE CHIEF
..ITEM # o`Z 13"OW 018
2tLERK/ORIa C�POL CE CHF
❑ DEPT HEADS =-REO 019
1 C rUTIL DIR
DIA
�1Dcrry�Zs � c�Ty nar,.�
i
RECEIVED
From: Brett Cross[SMTP:BRETTCROSS@YAHOO.COM] SEP 0 8 2010
Sent: Monday, September 06,.2010 7:11:10 PM
To: Council, SloCity; macsar99@yahoo.com; RQN of SLO SLO CITY CLERK
Subject: Zoning Regulation Update PH2
Auto forwarded by a Rule
Dear Mayor and Council Members;
Residents for Quality Neighborhoods is concerned with the effects that changes to the
density calculations and the number of bedrooms allowed in the R-2 (medium density)
zone if R-2 properties with small lot sizes are allowed to have the same number of
bedrooms as R-1 properties.
It appears that the recommendations that are being proposed would allow up to 5
bedrooms on R-2 zoned properties regardless of lot size. "In the
R-1 zone, up to 5 bedrooms can be allowed in single family residences on parcels of any
size. This change would set the same standard for the R-2 zone."
This change is certainly contradictory to the concept of"affordable by design". Changes
will immediately make properties in the R-2 less affordable as the development potential
is increased. Adding bedrooms to currently developed properties will increase rents and
make those properties less affordable.
The staff report doesn't address the requirement for parking and the impact that the lack
of off-street parking can have on neighborhoods. The staff report also doesn't discuss
paving that is not included in the coverage calculations that is necessary for driveway and
turning movements.
The Council should discuss the original intent of the R-2 zones in the context of establish
R-2 neighborhoods and the strong sense of place that these neighborhoods afford current
residents.
Sincerely,
g� Cof� 6_144a__Brett Cross RED FILE 2sTOUNCiL Z'CDD DIR
RQN Chair. - MEETING AGENDA ETIeAG'G'1 -FIN DIR
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From: Carolyn[SMTP:KE6HNG@ATT.NET] `
Sent: Monday, September 06, 2010 10:28:01 PM / �4Jn C6uoj J
To: Council, SloCity sGO4ryU �Ci-ry &L&+L
Subject: September 7, 2010 Agenda Items
Auto forwarded by a Rule
Dear Mayor Romero and Council members:
I am writing to you regarding three items on Tuesday evening's
agenda under Agenda Item #2 "Review of Amendments to Municipal
Code Title 17: Zone Regulations."
TRASH CAN ORDINANCE:
I am very pleased that the trash can problem is finally being
addressed. As I'm sure you have all noticed, many residents leave
their trash cans either in their driveways, front yards, or at the curb all
week not only creating a visible eyesore in our neighborhoods but
causing a health and safety hazard when those cans are tipped over by
cars, animals, or the wind, spilling garbage on sidewalks and streets.
The proposed change to this ordinance indicates that trash cans
cannot be stored in the front yard area which is defined as "the area of
a residential lot that lies between the street property line and the walls
of any residence that faces the street." (Attachment 1, Page PH2-21 of
Brian Leveille's report).
Unfortunately, I do not believe this modification goes far enough to
resolve the problems since the three trash cans will still be visible from
the street. Further, since there will be no screening requirement, I
believe it will be easy for residents to slowly "sneak" their cans back
into the front yard area and find some excuse why their cans cannot fit
in the required area. If Council is truly intent on resolving this nagging
problem and all its accompanying hazards, then I believe the
ordinance can be made simple and clear to everyone by requiring that
trash cans cannot be visible from the street. If unsightly screening
occurs, neighborhood services can assist residents in resolving the
inappropriate screening.
PARKING IN FRONT YARD AREAS
I applaud Brian Leveille's recent attempts to resolve this problem that
is not only particularly prevalent in parking districts but is also
occurring in other areas of the City. Much of our rental population is
students who occupy single-family residences. There are oftentimes 4-
5 students renting a home, each with a vehicle as well as their friends'
vehicles who visit frequently. This tremendously overburdens the
parking in single family neighborhoods throughout the City. Since it is
illegal to park vehicles on front lawns, tenants and property owners
have become "creative" in attempting to accommodate their excessive
parking_ by paving their front yards, allowing for more vehicles to be
parked off the street. This has created an unsightly problem (see
photo on Page PH2-5), not only affecting property values but quality of
life issues in many neighborhoods, that must be remedied. I am very
disappointed that the Planning Commission felt that the changes
suggested by staff were too restrictive and couldn't support any
revisions to alleviate this problem. I encourage the Council to direct
staff to work on this issue further and bring back solutions to this
major problem causing anxiety and frustration in our neighborhoods.
DENSITY:.
If I understand Mr. Leveille's proposed change to our R-2 zones
correctly, R-2 zones will be allowed to be developed at higher density
than is currently permitted. I strongly urge the Council to oppose this
modification. I attended all of the public meetings of the Housing
Element. Jeff Hook represented that our City's R-1 residential
neighborhoods have the highest density than most other cities in the
State of California. This has caused a multitude of problems in our
neighborhoods and in the city at large including, housing deterioration,
parking, noise, traffic, alcohol related offenses and other crimes. I
personally know several families who have moved out of our City
neighborhoods because of these problems and the word is out that
living in SLO neighborhoods can be undesirable because of the high
number of rentals. In fact, a SLO realtor recently informed me that
families don't even want to view a single family residence for sale in a
neighborhood with a high density of rentals because of their inherent
problems.
Many of our R-2 zoned areas are adjacent to our R-1 residential
neighborhoods. Allowing more density in the R-2 zones will create
additional negative edge impact on our R-1 neighborhoods over and
above what they are already experiencing. There will be more traffic
and parking problems, more noise, more crime, etc. which will directly
affect our single family neighborhoods. This will have a reverse affect
on the City's desire to create more "affordable" housing for working
families since further deterioration of our neighborhoods will only
continue to discourage families from buying these homes.
Thank you for your consideration and attention to these vital problems
facing our City.
Carolyn Smith
1568 Cucaracha Court
San Luis Obispo, CA 93405
544-3397
From: Sandra Rowley[SMTP:MACSAR99@YAHOO.COM]
Sent: Tuesday, September 07, 2010 10:44:07 AM
To: Council, SloCity
Cc: Lichtig, Katie; Leveille, Brian
Subject: Public Hearing Item #2
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Dear Mr. Mayor and Council Members,
Four of the possible amendments to Municipal Code Title 17: Zoning Regulations apply
directly to the quality of life of San Luis Obispo residents: changes to the density of R-2
zones, tandem parking, trash receptacles in front yard areas, and parking in front yard
areas. These, in my opinion, deserve additional contemplation before you make a
decision.
Chapters 17.16.010.A.2 (Density) and Chapter 17.26.020..
The most important, far-reaching and detrimental to the city and to residents of the R-2
zone is the proposed change to the density calculation for R-2. The proposed change
from a density calculation based on number of bedrooms per acre to a calculation based
on number of units per acre will allow the deterioration experienced in several of our R-1
neighborhoods to occur in R-2, including the additional noise, excessive trash, increased
parking problems, and traffic issues. And, it has the real potential of resulting in
blighted areas surrounding our downtown core.
Almost two years ago, as I recall, the council changed the minimum lot size for R-2
through R-4 from 6,000 square feet to 5,000 square feet. This was at a time when
development on some R-2 lots that were over 10,000 square feet but less than 12,000
square feet was contemplated. The change allowed those lots to be split. Fortunately for
those living in R-2, although more dwellings were allowed to be built, the overall density
permitted, i.e.,number of bedrooms per acre,remained the same. If the council wants to
allow units with more bedrooms on R-2 lots, suggest the 6,000 square foot lot size be
restored.
There are a few things about R-2 not mentioned in the staff report that are important to
consider: 1) many lots are grandfathered at less than 5,000 square feet, some far less; 2)
many grandfathered lots are"over-built"by today's standards with one or more non-
guest house dwelling because additional dwellings were constructed before standards
existed; 3) parking has always been a problem because many of the properties do not
have garages, have a small garage or have a garage that has been converted to living
space. As a result, the true density of R-2 neighborhoods is greater than the 12 density
�I
units per net acre standard. Further increasing that density would exacerbate problems
that already exist.
I hope I have provided compelling reasons for you to decline to make this change.
Chapter 17.16.060.J.1 (Tandem Parking_). I support the addition to this paragraph.
Chapter 17.17.075 (Neighborhood Preservation). Receptacles in front yard areas.
I support the addition of this paragraph. However, a requirement to screen these
receptacles from public view needs to be included. In some areas of the city, even in
areas where a fence and gate exist,receptacles are left in front of the gate in full view of
the sidewalk and street. Screening can be as simple as placing receptacles behind an
existing gate, in the garage or beside/behind the house(as long as the area cannot be seen
from the sidewalk or street). In areas where screening is not as simple, construction of an
enclosure is not expensive. Regardless of the method used, the receptacles should be
screened from public view.
Chapter 17.17.040 (Visible storage or maintenance) and Chanter 17.17.050 (Front yard
Raving).
I support staffs recommendation to bring back amendments on these items at a later
date. As the photograph on page 5 (Figure 1. Example of illegal front yard parking)
shows, this is an issue that needs to be addressed.
Thank you for your time and attention.
Sandra Rowley