HomeMy WebLinkAbout1006ORDINANCE NO. 1006 (1984 Series)
AN ORDINANCE OF THE CITY OF SAN LUIS OBISPO AMENDING
VARIOUS SECTIONS OF THE ZONING REGULATIONS
WHEREAS, THE Planning Commission and City Council have held hearings
to consider various amendments to Zoning Regulations in accordance with
Section 65800 et. seq. of the Government Code; and
WHEREAS, the City Council finds that the proposed regulations are
consistent with the General Plan; and
WHEREAS, the rezoning has been evaluated in accordance with the
California Environmental Quality Act and the City's Environmental Impact
Procedures and Guidelines and a negative declaration has been granted by
the city; and
WHEREAS, the proposed zoning promotes the public health, safety and
general welfare;
BE IT ORDAINED by the Council of the City of San Luis Obispo as
follows:
SECTION 1. The following sections of the Zoning Regulations are amended
as shown on attached Exhibit "A ", included herein by reference:
Parking requirements for dwellings, Section 9202.5.F4.
- Size of unit allowed in multi - family zone on lots allowing 1.0
or fewer equivalent units, Section 9202.3.B.4.
- Application of slope density reduction to lots allowing less than
1.O' equivalent units, Section 9202.5A.
- Density allowed in commercial zones, and clarify treatment of
housekeeping units in hotels and motels, Sections 9203.9, 9203.10,
9203.11.
- Use permit requirement for nightclubs, Section 9204.11, Section
9202.8.
- Reference to special regulations in state law regarding childcare
for six or fewer children, Section 9202.1.D.
0 1006
Ordinance No. 10 (1984 Series)
Page 2 1
- Uses Allowed: References to Adult Entertainment, Prohibition of
Alcohol Sales at Service Stations, Video Arcade Ordinances, Section
9202.1.C, Section 9202.8.
- Setbacks and building heights calculated from existing natural
grade, Section 9202.5B, Section 9202.5P.
- Setback requirements from common driveways and for unenclosed
parking spaces, Section 9202.5.D.
- Provide for minor conforming additions, additions to non-
conforming structures without requiring variance approval,
Section 9202.4.B.
- Emergency Access: Revised to conform to Fire Code requirements,
Section 9202.5.H.
- Variances: Provide for time extension if not exercised within
one year, Section 9204.3.E.
- Reference to development standards contained in other chapters
of the Municipal Code, Section 9202.5.A (new section).
- Photographic studios, Section 9202.8.
- Use permit requirements for health clubs, Section 9202.8.
- Auditoriums and other public assembly facilities, Section 9202.8.
- Definition: Mobile homes on permanent foundations, Section 9202.11.
SECTION 2. After review and consideration, the determination of the
Community Development Director to grant the project a negative declaration
is hereby affirmed.
SECTION 3. A summary of this ordinance, approved by the City Attorney,
shall be published once at least three (3) days prior to its final passage,
in the Telegram- Tribune, a newspaper published and circulated in said
city, and the same shall go into effect at the expiration of thirty (30)
days after its said final passage.
INTRODUCED AND.PAS.SED TO PRINT by the Council of-the City of San
Luis Obispo at a meeting thereon held on the 17th day of January, 1984 ,
on motion of Councilman Griffin , seconded by Councilman Settle
and on the following roll call vote:
Ordinance No. 1006 (1984 Series)
Page 3
AYES: Councilmembers Griffin, Settle, Dovey, Dunin and Mayor Billig
NOES: None
ABSENT: None
TAPPR
/J Qi
City Administrative Of 'cer
Community Development Director
doss
Muni
LZA
ORDINANCE NO. 1006
FINALLY PASSED this 21st
(1984 Series)
day of February ,
1984, on motion of Mayor Billig , seconded by
Councilman Settle , and on the following roll call
vote:
AYES: Mayor Billig, Councilmembers Settle, Dovey and Dunin
NOES: Councilman Griffin
ABSENT: None
10. Temporary sales.
Upon approval of an administrative use permit, temporary sales may be
established in accordance with adopted policies. Except as otherwise
provided in this section, such sales shall be of a type allowed or allowed
with approval of an administrative use permit by these regulations for the
zone in which they are to be established . "Temporary sales" means a
sales activity or activities occurring at a particular location on fewer
than 90 days in any calendar year.
11. Other Temporary Uses.
Other temporary uses compatible with the surroundings in which they
are proposed may be established if the Director approves an administrative
use permit. The Director may refer the proposed use to the Planning
Commission for approval under a Planning Commission use permit.
B. MINERAL EXTRACTION.
Minerals, hydrocarbons, and soil may be removed in any zone, provided
a use permit is approved by the Planning Commission. In addition to the
requirements which the Planning Commission may impose for the activity
itself, there may be requirements that the site be restored or
rehabilitated in furtherance of the purposes of these regulations.
(Grading carried out in conjunction with a construction project need not
obtain use permit approval but shall comply with the Grading Ordinance.)
C. SERVICE STATIONS.
Service stations are permitted as specified in the zone district
regulations, subject to the following conditions:
1. Premises adjoining residential zones shall be screened from such
zones by a six - foot -high landscaped visual barrier, subject to the
limitations of Section 9202.5.E, Fences, Walls and Hedges.
2. Street frontage between driveways shall have a low wall or other
landscape barrier to prevent vehicles from being driven or parked on the
sidewalk.
3. Bells or other sound signals shall be turned off between 10 p.m.
and 7 a.m. if the station is adjacent to a residential zone.
4. Pump islands shall be located at least 15 feet from any street
right -of -way line or setback line, except that cantilevered roofs may
extend to a point at least five feet from such lines.
5. Repair work shall be done and dismantled vehicles shall be stored
inside a building or area screened so that it is not visible from off the
premises.
(NOTE: See also Section 9202.6, Performance Standards and section
4290, Sale of Alcoholic Beverages at Service Stations - Prohibited.)
FYNIRIT e
D. HOME OCCUPATIONS.
1. Intent.
These provisions are intended to allow the conduct of home enterprises
which are incidental to and compatible with surrounding residential uses.
A home occupation is gainful employment engaged in by the occupants of a
dwelling.
2. Permit required.
The conduct of a home occupation requires the approval of a home
occupation permit by the Director, who may establish additional conditions
to further the intent of this section. A public notice shall be posted at
the site of each proposed home occupation. If anyone informs the
Community Development Department of a question or objection concerning the
proposed home occupation within five days of the posting, the Director
shall schedule a hearing for the application as provided for
administrative use permits. If no questions or objections are received by
the Community Development Department within five days after posting, the
Director may issue the permit upon submission of all required information
and without further notice or public hearing.
a. State licensed child day care centers for six. of fewer children are exempt
from home occupation regulations (see State Health. &.Safety Code Section 1529.5).
3. General requirements.
a. Home occupations shall not involve frequent customer access or
have other characteristics which would reduce residents' enjoyment of
their neighborhoods. The peace and quiet of residential areas shall
be maintained.
b. Activities shall be conducted entirely within the dwelling unit or
an enclosed accessory building, and shall not alter the appearance of
such structures. (Horticultural activities may be conducted
outdoors.)
c. There shall be no sales, rental or display on the premises.
d. There shall be no signs other than address and names of
residents. .
e. There shall be no advertising which identifies the home occupation
by street address.
f. No vehicle larger than a 3/4 -ton truck may be used in connection
with a home occupation.
g. The home occupation shall not encroach on any required parking,
yard or open space area.
h. Parking for vehicles used in connection with the home occupation
shall be provided in addition to parking required for the residence.
6
i. Activities conducted and equipment or materials used shall not
change the fire safety or occupancy classifications of the premises,
nor use utilities in amounts greater than normally provided for
residential use.
j. No use shall create or cause noise, dust, vibration, smell, smoke,
glare, or electrical interference, or other hazard or nuisance.
k._ No employees other than residents of the dwelling shall be
allowed. (Baby- sitters or domestic servants are not considered
employees of a home occupation.)
1. Clients or customers shall not visit the home occupation between
the hours of 10 p.m. and 7 a.m.
M. If the home occupation is to be conducted in rental property, the
property owner's authorization for the proposed use shall be
obtained.
4. Prohibited uses.
The following uses by their operation or nature may interfere with
residential welfare and diminish the convenience intended for commercial
zones, and therefore shall not be permitted as home occupations:
a..: Automotive repair (body or mechanical), upholstery or painting.
b. Barber or beauty shop.
C. Carpentry or cabinet making.
d. Welding or machining.
e. Medical offices, clinics, laboratories.
f. Child care of more than six children or instruction for
more than three school -age children or adults at one time (not
counting residents of the home).
g. Appliance, radio or television repair.
h. Print shop.
i. Mail order gun sales.
E. PUBLIC UTILITIES.
1. Distribution facilities may be located in any zone, provided that
equipment on the ground in residential zones shall be screened by
landscaped visual barriers.
2. Transmission lines may be located in any zone, provided the route
is approved by the Planning Commission.
3. Other unmanned public utility structures may be located in any
zone, provided an administrative use permit is approved by the Director.
7
4. Property development standards shall apply to non - conforming lots,
except that the density standards shall not
prevent construction of a single dwelling; unit where otherwise permitted
by this chapter. (See Section 9202.5.8, Density).
SECTION 9202.4 - -------- � - - - -- --------------- - ----
NON- CONFORMING STRUCTURES
A. INTENT.
A structure which lawfully existed on the effective date of applicable
sections of these regulations, but which does not comply with one or more
of the property development standards for the zone in which it is located,
is a non - conforming structure. This section is intended to provide for the
correction or removal of such structures as soon as practical.
B. REGULATIONS.
1. A non - conforming structure which is damaged to an extent of
one -half or more of its replacement cost immediately prior to such damage
may be restored only if made to conform.
2. Changes to interior partitions or other non - structural
improvements and repairs may be made to a non - conforming building to the
extent of not more than one -half its replacement cost over any five year
period.
3. Subject to the valuation limit in (2) above, structural elements
may be modified where the Chief Building Official determines such
modification is immediately necessary to protect the health and safety of
the public or occupants of the non- conforming structure or adjacent
properties.
4. Replacement cost shall be determined by the Chief Building
Official, whose decision may be appealed to the City Council.
5. Exceptions to this section may be granted by the Director for
historic structures designated as such in any list or plan element adopted
by the city.
6. Exceptions to this section may be granted to allow minor conforming additions
to non - conforming structures occupied by conforming uses subject to a finding of
consistency with the intent of this section.
a. Additions of 150 square feet of gross floor area or less to single or
duplex dwellings may be approved by the Director without public hearing.
b. Other additions to residential structures and additions to non - residential
structures may be allowed upon approval of a use permit by the Director.
C. The value of additions allowed pursuant to "a" and "b" above shall be
excluded from calculation of replacement cost of the non - conforming structure.
10
SECTION 9202.5 Y- �-- ~-- - ^ - - -- -- -�_ — _�� - -1-
PROPERTY DEVELOPMENT STANDARDS
A. APPLICABILITY OF OTHER ORDINANCES
Development of property within the city may be subject to provisions of this
Municipal Code not contained in this section or chapter, including (but not limited
to) the following:
Fire Prevention Code (Section 3120 et seq)
Building Regulations (Section 8100 et seq)
Demolition and Moving of Buildings (Section 8800 et seq)
Subdivision Regulations (Section 9101 et seq)
Building Setback Line (Plan Line) (Section 9300 et seq)
Street Right -Of -Way, Dedication and Improvement (Section 9310 et seq)
Excavation and Grading (Section 9400 et seq)
Architectural Review Commission (Section 9500 et seq)
General Plan Amendment Regulations (Section 9600 et seq)
Sign Regulations (Section 9701 et seq)
Condominium Development and Conversion Regulations (Section 9850 et seq)
Flood Damage Prevention Regulations (Section 9800 et seq)
Downtown Housing Conversion Permits (Section 9900..et seq)
Growth Management Regulations (Section 9901 et seq).-,
Resource Deficiency (Section 2900)
Environmental Review Guidelines (Adopted by City Council Resolution 3919 -1979)
Where provisions of this section conflict with provisions of other applicable
laws, the more restrictive provision shall prevail.
B_ DENSITY
1. Determination of allowed development.
Density is the number of dwelling units per net acre. In the C /OS and R -1
zones, each dwelling counts as one unit. In the other zones, different -
size dwellings have "unit values" as follows:
Studio apartment: 0.50 unit.
One- bedroom dwelling: 0..66 unit.
Two- bedroom dwelling: 1.00 unit.
Three - bedroom dwelling: 1.50 units.
Dwelling with four or more bedrooms: 2.00 units.
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 slope is measured shall run essentially perpendicular to
the contours.
■ Where a site does not slope uniformly, average cross slope is to
be determined by proportional weighting of the cross slopes of
uniformly sloping subareas, as determined by the City Engineer.
11
TABLE 1
MAXIMUM RESIDENTIAL DENSITY
FOR CROSS -SLOPE CATEGORIES
average Maximum Density
cross -slope (units per net acre)
R -1 R -2 R -3 R -4
0
C -N
C -T
0 -15 7 12 18 24
16 -20 4 6 9 12
21 -25 2 4 6 8
26+ 1 2 3 4
By approving an administrative use permit, the Director may grant
exceptions to the reduction of density with slope where the parcel in
question is essentially surrounded by development at least as dense as
the.proposed development. The exception shall not authorize density
greater than allowed for the category of less than 15% slope for the
appropriate zone.
See also Section 9202.3.B.4, Non - Conforming Lots.
b. Determine the net area of the site. Net area includes all the
area within the property lines of the development site minus street
right -of -way dedicated to the city. Net area includes the area
occupied by allowed non - residential uses.
C. Multiply the resulting area (in whole and fractional acres) by the
maximum density allowed (in units per acre) according to the table in
paragraph a. above.
d. The resulting number (in dwelling units, carried out to the
nearest one - hundredth unit) will be the maximum residential
development potential. Any combination of dwelling types and numbers
may be developed, so long as their combined unit values do not exceed
the maximum potential.
2. Density transfer.
a. Development potential may be transferred within the area covered
by a planned development (PD) zone, in conformance with the
requirements of Section 9203.14.
b. Where a portion of a lot is
residential use and the rest of
portion within the C /OS zone is
dwelling, the fractional dwelli
may be transferred. to the other
development rezoning.
within a zone or zones that allow
the lot is in a C /OS zone, and the
not large enough to allow one
ag unit potential from the C /OS zone
portion of the lot, without planned
12
3. Density averaging.
Where portions of a lot are within two or more different zones that
allow different maximum densities, and any portion is not of the size
required for a lot in that zone, density may be averaged over the whole
lot, with each portion contributing to the overall maximum development
potential in proportion to its area and maximum allowed density.
4. Density bonus for low- and moderate- income housing.
Pursuant to California Government Code Section 65915, the city may
negotiate a density bonus or other benefits in exchange for provision of
housing affordable to households with low or moderate income, as defined
in the Government Code.
C. YARDS.
1. Definitions and purpose.
A yard is an area along a property line within which no structures, parking
spaces or parking back -up spaces may be located, except as otherwise provided in
these regulations. Yards are intended to help determine the pattern of building
masses and open areas within neighborhoods. They also provide separation between
combustible materials in neighboring buildings. Yards are further intended to help
provide air circulation, views, and exposure to sunlight for both natural illumination
and use of solar energy.
These regulations provide for two types of yards:
a. "Street yard" means a yard adjacent to a street, or adopted
setback line, to which the property has access.
b. An "other yard" is any yard other than a street yard.
2. Measurement of yards.
a. Street yards shall be measured from the right -of -way line or
adopted setback line to the nearest point of the wall of any
building.
b. Other yards shall be measured from the property line to the
nearest point of the wall of any building.
c. The height of a building in relation to yard standards is the
vertical distance from the ground to the top of the roof, measured at
a point which is a specific distance from the property line.
Height measurements shall be based on the natural topography of the site, before
grading.
13
Fire escapes, uncovered balconies, uncovered porches, or
unenclosed outside stairways and landings may extend into the required
yard not more than 4 feet or one -half the required yard distance,
whichever is less. (Figure 2)
Figure 2
4' Maximum
Projections
Fill
N.
€ >MAXIMUM ALLOWED PROJECTION-
' FOUR FEET OR ONE-HALF OF THE
MINIMUM REQUIRED YARD
(WHICHEVER IS LESS).
Decks, planters and similar features less than 30 inches above
grade may be located within required yards.
e. 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 3 feet from any right -of -way or adopted
setback line.
f. Unenclosed parking spaces in other yards.
unenclosed parking spaces and parking aisles may be located within other
yards.
18
Y
g. Unenclosed, tandem parking spaces.
For single dwellings where tandem parking is provided pursuant to the
parking standards, one Unenclosed space may be located within the
street yard.
h. Enclosed parking spaces in street yard prohibited.
In no case may an enclosed parking space from which vehicles
exit directly onto the street be located less than 20 feet from the
street right -of -way or setback line.: In a flag lot subdivision, this setback
requirement shall apply to the access roadway.
5. Exceptions 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.
a. Exceptions property may be entitled to.
(1) Street yards on corner 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 shown in Figure 3.
Parking spaces shall be set back at least 20 feet.
M,.
Figure 3
I
(2) Street yards on corner lots where each corner 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.
Parking spaces shall be set back at least 20 feet.
PL I I
PL
PL
Figure 4
19
20
20 �._<:::
p
Figure 3
I
(2) Street yards on corner lots where each corner 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.
Parking spaces shall be set back at least 20 feet.
PL I I
PL
PL
Figure 4
19
(6) Intersection visibility.
At intersections not controlled by a stop sign or traffic signal,
no plant, structure, or other solid object over three feet high which
would obstruct visibility may be located within the area indicated in
Figure 8. At controlled intersections, the City Engineer may deter-
mine visibility requirements for proper sight distance.
(NOTE: Yard requirements may also be modified by variance, Section
9204.3; planned development, Section 9204.4; specific plan, Section
9203.15 or special consideration zone, Section 9203.17.)
D. COVERAGE.
Coverage means the area of a lot covered by structures, including ac-
cessory structures, expressed as a percentage of the total lot area. Any
part of a deck, balcony, or eave which is less than 30 inches from the
ground shall not be included in the determination of coverage. Portions
of such structures which are more than 30 inches from the ground shall be
included in the determination of coverage only if they are more than 30
inches from a building wall; otherwise they shall not be included. (See
Figures 5 & 6)
E. HEIGHT.
The height of a building is the vertical distance from the average
level of the ground under the building to the topmost point of the roof.
The average level of the ground is determined by subtracting the elevation
of the lowest point of the part of the lot covered by the building from
the elevation of the highest point of the part of the lot covered by the
building, and dividing by two. (See Figure 7) Height measurements shall be
based on natural topography of the site, before grading.
See also Subsection 9202.5.B. above for relationship of yards and
building height.
Components of solar energy systems, chimneys, screened mechanical
equipment, vents, antennae and steeples shall extend not more than 10 feet
above the maximum building height.
Commercial and governmental agency antennae may exceed the height
limits for the zone in which they are located if such an exception is ap-
proved by the Director.
Any other exception to the height limits requires approval of a vari-
ance as provided in Section 9204.4.
(For height limits of signs, see the Sign Regulations.)
F. FENCES, WALLS AND HEDGES.
Fences, walls, or hedges may
provided:
1. The maximum height in any
be placed within required yards,
street yard shall be as shown in
Figure 9.
2. The maximum height in any other yard shall be 6 feet;
3. 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.
22
1YPE OF USE NUMBER OF OFF -S'nM PARKING SPACES REQUIRED
Drive -in theaters No requirement.
Dwellings
R -1 and C /OS: 2 spaces per dwelling,
one of which must be covered. All other
zones: 1 per studio apartment; 1l� for
first bedroom plus !I for each additional
bedroom in a unit, plus 1 for each five
units in developments of more than five
units.
Employment agencies
One space per 300 sq. ft. gross floor area.
Equipment rental
One per 300 sq. ft office area plus 1 per 500
sq. ft. indoor display /storage plus 1 per 1000
sq. ft. outdoor display /storage.
Exterminators and fumigators
One space per 300 sq. ft. gross floor area.
Feed stores & farm supply sales
One per 500 sq. ft. indoor sales /storage area
plus one space per 2,000 sq. ft. outdoor
sales /storage area.
Florists
One space per 200 sq. ft. gross floor area.
Fraternities and sororities
One space per 1.5 occupants or 1.5 spaces per
bedroom, whichever is greater.
Gas distributors - containerized
One space per 300 sq. ft. office areas plus one
(butane, propane, oxygen, acet-
space per 500 sq. ft. indoor storage area plus
ylene, etc.)
one space per 2,000 sq. ft. outdoor storage area
Government agency corporation yards One space per 300 sq. ft. office area plus
one per 1,500 sq. ft. warehouse /service area plus
space for fleet vehicles.
Government agency offices and Offices: one per 300 sq. ft. gross floor area;
meeting rooms Meeting rooms: one per four fixed seats or one per
40 sq. ft. of seating area without fixed seats.
Home business - see section 9202.1.D
Hospitals One space per bed.
Hot tubs - catmercial use One space per tub.
Insurance service - local One space per 300 sq. ft. gross floor area.
Insurance services - regional office One space per 300 sq. ft. gross floor area.
Laboratories (medical, analytical) One space per 300 sq. ft. gross floor area.
26
2. The access roadway shall be provided
exterior walls of single -story buildings and
dwellings not exceeding two stories in height
exterior wall of other multi -story buildings
systems are approved by the Fire Marshal.
I. SCREENING OF OUTDOOR SALES AND STORAGE
within 150 feet of all
single - family and two - family
and within 40 feet of one
unless alternate fire suppression
Screening shall be required for all outdoor sales and storage. Such
screening shall consist of a solid fence, wall, or mature hedge or other
screen planting at least six feet high. The Community Development
Director may waive the screening requirement when the use customarily is
not screened from public view - -such as auto sales or displays at service
stations. The Community Development Director may defer the screening
requirement where the sales or storage is adjacent to vacant land and
where it is not visible from a public street. Such waiver or deferral may
be by approval of whatever type of use permit may be required for the use.
If no use permit is required, the.waiver or deferral shall be in writing
and shall set forth the circumstances justifying the action.
J. UTILITY SERVICES
1. All new or remodeled, altered or enlarged buildings or structures
requiring electric, communication, T.V.._ and /or other utility services
shall have such services supplied from service laterals placed underground
from the building or structure to the sidewalk area. Where the utility
company's distribution system is underground, said service laterals shall
terminate at a location in the sidewalk area designated by the utility
company. Where the utility company's distribution system is overhead,
said service laterals shall terminate as a pole riser on a pole designated
by the utility company.
Exceptions:
a. Buildings and structures
conservation /open space zones.
b. Buildings or structures
where the value of the remodel,
or less.
located in residential and
being remodeled, altered or enlarged,
alteration or addition is $50,000.00
2. All conduits, conductors and associated equipment necessary to
receive utility service by means of said underground service lateral shall
be provided by the person or persons responsible for building or
remodeling.
Exception: Conduits, conductors and associated equipment normally
furnished by the utility company.
33
TABLE 9 °
R -1
R -2
R-3
R,4
C/CIS
0 rF
C -N.
C-C
C -R C -T C -S
M
USES ALLOWED BY ZONE
Advertising & related services
A
A/D I A A D
(graphic design, writing, mailing,
i
addressing, etc.)
Agriculture - grazing & outdoor crops
A
j
A
A
Agriculture - greenhouse culture,
livestock feeding
PC
I
i
I j
Airports & related facilities
PC
Ambulance services
PC
PC
I
A D
Amusements arcades (video games:
PC
PC`
D
see Section 4950, Electronic Amusements Arcades)
Amusement parks, fairgrounds
PC
j
!
PC
Animal hospitals & boarding
i
D
Animal grooming
A A
I
D
Antennas (commercial broadcasting)
i j
I
PC PC
I
1 D D
Athletic & health clubs, gymnasiumsI
PC I PC
I PC PC
fitness centers, tanning centers
i
PC
PC ,
I
Athletic fields, game courts
j
!PC
PC ' PC
D I PC PC
i
I
Auto dismantling, scrap dealers,
I
I
I A
recycling centers
i
Auto repair & related services
i
! D
I
I A A
(body, brake, transmissions,
;
l
muffler shops; painting, etc.)
Banks and Savings & Loans
i
A
All A j A
A-1 A A
A
D I D
Bars, taverns, etc. (see "Nightclubs.')
Barbers, hairstylists, manicurists
A
A
A
PC
D '
Boarding/rooming houses, dormitories
PC I
i
D
I
D
D
Bowling alleys
I
PC
PC
D
PC PC
Broadcast studios
A
A/D
A
A A
A - Allowed The director shall determine if a proposed, unlisted
D - Director's approval required use is similar to a listed use. Numbered notes are
PC- Planning Commission approval required at end of chart.
A/D- Director's approval on ground floor;
allowed above
37
TABIE 9 (Continued)
R -1
R -2 R-3 i R-4
C /OS C I C -N
I C-C C -R
C -T
C -S
M
USES ALLOW BY ZONE
I
L
Manufacturing - basic metals, chemi -
(
PC
cals, building materials, fabri-
cated metals, textiles, paper b
I
i
cardboard; machinery, transporta-
tion equipment.
j
Mineral Extraction
PC
PC ! PC PC
PC PC PC PC PC PC
! PC
PC
PC
(See Section 9202.13)
Mobile Home Parks
PC
PC
Mobile hoe as construction office
D D; D D
D ID D D D
D
D T D
(See Section 9202.1.A.3)
Mobile hones as temporary residence
A j A A A
A! A A
;
at building site
I
I
(See Section 9202.1.A.6)
i
Mortuaries
j i
i
'D D I A
;
Motels, hotels, bed & breakfast inns
A A
A
Museums
i PC
D i A
Nightclubs, discotheques, etc, ' See Section 4800 1D
Adult Entertainment Establishments)
i D
D
Organizations (professional, religious,
D D
A D
A/DI A
D I
political, labor, fraternal, trade,
:,
youth, etc.) offices and meeting
I
'
I
I
I
I
MOMS.
Parades, carnivals, fairs
D! D !D D
D D D
D I D
(See Section 9202.1.A.5)
I
Parking (as a principal use)
PC D; j
PC' D I t
D D
Parks
A; A A A
D A D A
A A'
Pharmacies
A I'
I
A ; A
i
I
Photocopy services yu, ck
A i A
A/D ! A
A A
Photofinishing - retail
Y
A I
A A
PC
A
Photofinishing - wholesale; and blue-
PC
A
A
printing and microfilming service
Photographic Studios I
1 I I '
I A
A A
PC
D
Police and fire stations and training
facilities
PC
' I
Pool halls, billiard parlors, etc.
!
PC
D D I D
Post offices
1
'PC
A A
A
A - Allowed The director shall determine if a proposed, unlisted
D - Director's approval required use is similar to a listed use. Numbered notes are
PC- Planning Commission approval required at end of chart.
A/D- Director's approval on ground floor;
allowed above
40
TABLE, 9 (Continued) R-1 R-2 R-3 IR-4 C/OS 0 :PF C-N C-C C-R C-T C-S M
USES ALLOWED BY ZONE
Printing & Publishing D D A I A
Produce stand (incidental sales of D
items produced on the premises)
Professional Offices (attorneys, A A/D A
architects, counselors, medical
services, accountants, investment
brokers, realtors, appraisers)
except engineers & industrial design
Profession Offices - engineers and A A/D A ID
industrial design
Public assembly facilities (community PC D D D PC
meting rooms, auditoriums, convention /exhibition halls)
Railroad yards, stations, crew
facilties
Refuse hailing, septic tank, and
portable toilet services
Repair services - household appliances,
locksmiths, saw sharpening, shoe
repair
Residential care facilities see
dwellings
Restaurants, sandwich shops, takeout
food, etc.
Retail sales - building & landscape
materials (lumber ' yards, nurseries,
floor and wall coverings, paint,
glass stores, etc.)
Retail sales - appliances, furniture
and furnishings, musical instruments;
data processing equipment, business,
office, and medical equipment stores;
catalog stores; sporting g)ods,
outdoor supply
Retail sales s—ird —reiitil- - autos, trucks,
motorcycles, RV's
D A A
A A A A
D A
A A
ID A
A
A A
ID
A !A
ID
A - Allowed The director shall determine if a proposed, unlisted
D - Director's approval required use is similar to a listed use. Numbered notes are
PC- Planning Commission approval required at end of chart.
A/D-Director's approval an ground floor;
allowed above
41
_
TABLE 9 (Continued)
R -1 R -2
I R -3
R-4
C /OS
0
I
PF 'C-N
C-C
C -R
C -T
C -S
M
USES ALLOW® BY ZONE
{
- Nursery schools, child daycare
- Elementary, junior high, high
I D
j D
i
I
schools for disabled/
Retail Sales - auto parts and
D
A
A
PC
accessories except tires and
batteries as principal use
colleges /universities
D
Retail sales - tires and batteries
j
I
A
A/D
I A
I PC
I 5
D
- Business, trade, recreational,
or other specialized schools
- Boarding schools & academies
PC
PC
I
Retail sales and rental - boats,
A
PC
aircraft, mobile hares
I
I A I
I
A/D
I I
D
reporting, stenography, typing,
I
!
Retail sales - groceries, liquor, &
telephone answering, etc.)
I A
A
A
PCi
D
specialized foods (bakery, meats,
A - Allowed The director shall determine if a proposed, unlisted
D - Director's approval required use is similar to a listed use. Numbered notes are
PC- Planning Commission approval required at end of chart.
A/D- Director's approval on ;round floor;
allowed above
dairy items, etc.)
j
I
Retail sales - general merchandise
(drug, hardware, discount, de-
partment & variety stores)
- 15,000 sq. ft. or less gross
i
I
floor area per establishment
i
A A
A
PC '
I
- 15,001 to 60,000 sq. ft. gross
j
floor area per establishment
— I
PC A
___� _
A
PC j
-iwre than 60,000 sq. ft. gross
i
I �
floor area per establishment
j
PC
D
PC
Retail sales and rental - specialties
I
A
A
(shoe stores, clothing stores, book/
record /videotape stores, toy stores,
i
I
I j
I
•.
stationery stores, gift shops)
i
(see Section 4800 -
Mi77f- Rntorta4nman+- Fetah7ichmant-S)
42
A
�D
D
D
Schools
i
PC! PC D
PC PC D
I D
D
- Nursery schools, child daycare
- Elementary, junior high, high
I D
j D
i
I
schools for disabled/
ischools;
handicapped
colleges /universities
D
PCI
A/D
A
D
I 5
D
- Business, trade, recreational,
or other specialized schools
- Boarding schools & academies
PC
PC
I
Secretarial & related services (court
I
I A I
I
A/D
A,
D
reporting, stenography, typing,
telephone answering, etc.)
A - Allowed The director shall determine if a proposed, unlisted
D - Director's approval required use is similar to a listed use. Numbered notes are
PC- Planning Commission approval required at end of chart.
A/D- Director's approval on ;round floor;
allowed above
42
--I
TABLE 9 (Continued)
R-1
R-2 R-3
R-4
C/OS
0
PF
I
C-N i C-C-
C-R
O-T
C-S
M
AUDWED USES BY ZONE
stations (see section 9202.1.C)
D
D
IService D
A
A
Skating rinks
PC
I
A
PC
A
D
PC
PC
Social service & charitable agencies
A
D
i D i
Stadiums
PC
i
PC
PC
Swap meets
PC
PC
Swinning pools (public)
PC
PC
PC
PC
Tallow works
i
I
PC
T
Telegram office
i A A
A
D
Temporary Parking Lots
(See Section 9202.1.A.9)
Temporary real estate sales
D D D i D
office in tract
i I
I
I
(See Section 9202.1.A.2)
Temporary sales
j D D
D i D
D
i D
(See Section 9202.1.A.10)
Temporary uses - not otherwise
D D D D
D
D D I
D D
D 1 D
D
I D
listed (See Section 9202.1.A.11)
(see section
Theaters Adult Entertainment Establishmen
ts)
i
A I
D D
A A I PC
D
Ticket/travel agencies
Tire recapping
A A
Title companies
i
A
A A
IA
Trailer rental
i
D
A
Trucking/taxi service
j i
A A
A - Allowed The director shall determine if a proposed, unlisted
D - Director's approval required use is similar to a listed use. Numbered notes are
PC- Planning Commission approval required at end of chart.
A/D-Director's approval on ground floor;
allowed above
43
USE REXLATIONS - NOTES
1. In the C -N zone, only branches of banks are allowed - no headquarters.
2. Except for condominiums, the development of rmre than one dwelling on a land parcel in the R -1
zone requires approval of an administrative use permit. R -1 density standards apply.
3. In the 0 zone, dwllings on a site occupied by residential uses only are allowed. Dwellings on a
site with nonresidential uses require approval of an adminiitrative use permit.
4. In the C-N zone, hot tubs /spas for cam-ercial use must be enclosed.
5. In the M zone, schools are limited to those offering instruction in fields supportive of allowed
uses.
6. In the 0, C-C and C -R zones, animals at veterinarian's facilities crust be kept within a
building.
7. In the C-N zone, branch libraries only are allowed.
45
B. PROPERTY DEVELOPMENT STANDARDS.
1, Maximum density: 12 units per nec acre (See also Section
9202.5.A .
2. Yards: See Section 9202.5.B•
3. Maximum height: 35 feet (See also Sections 9202.5.B and
9202.5•D)• 75 percent (See also Section 9202.S.C)•
4. Maximum coverage: See Section 9202.5.F.
5. Parking requirements:
SECTION 9203.9
RETAIL - COMMERCIAL (C-R) ZONE _ - - - - --
A, PURPOSE AND APPLICATION_
The C -R zone is intended to provide for a wide range of retail sales,
professional services, as well as recreation)
and
business, personal, and per
residences. Uses in this
entertainment, transient lodging,
zone will generally be those serving communi
zo ty -wide and regional markets,
zo and travelers. It will be applied to areas designated
well l tourists
plan map.
"retail - commercial" on the general
B, PROPERTY DEVELOPMENT STANDARDS. s including dwelling
1, Maximum density: 36 units per net acre oer hotelworlmotel units. (See also
units in hotels and motels, but not including
Section 9202- .5.A.) ards: See Section 9202.5.B.
2. Minimum street and other y
3, Maximum height: feet 45 See also Sections 9202.5 and
9202.5.D)•
4. Maximum coverage: 100 percent.
5. Parking requirements: See Section 9202.5.F•
SECTI0�03,10
CENTRAL - COMMERCIAL (C -C) ZONE
A. PURPOSE AND APPLICATION. for a
The C -C zone is intended to
regional dmarket demands. It IS
and services meeting comm Y
intended to be applied within the central business district, in the area
dominated by pedestrian trade, where the historical pattern . development
limits building form and the availability aacteristics sit parking
area and
zone is
meant to maintain the desirable
accommodate carefully integrated new development, while recognizing that
the uses of structures within the district tend to change.
B. PROPERTY DEVELOPMENT STANDARDS• per acre for all dwellings, including dwelling units
1. Maximum densit : 36 units p
in hotels and motels, but not including other hotel or motel units. (See also Section
9202.5.A.) ards: See Section 9202.5.B.
2. Minimum street and other y See also Sections 9202.5.B and
3. Maximum height: 50 feet;
9202.5.D). percent.
4. Maximum coverage: 100 p
53
5. Parking requirements: One -half of that required in Section
9202.5.F. The space requirement may be met by:
a. Providing the required spaces on the site occupied by the use;
b. Providing the required spaces off -site, but within 500 feet of the
proposed use, in a lot owned or leased by the developer of the
proposed use;
C. Participating in a commonly held and maintained off -site parking
lot where other businesses maintain their required spaces;
d. Participating in a parking district which provides parking spaces
through a fee or assessment program. (This subsection may be
satisfied by participation of the underlying property in a parking
district by December 31, 1984. If by that date the underlying
property is not participating in such a district, the parking
requirement shall be otherwsie met.)
e. Any combination of the above.
The Community Development Department shall be notified of the
expiration or termination of any agreement securing required parking. The
department shall schedule a public hearing before the Planning Commission
to consider revocation of the use authorization where no alternative
location for required parking is provided.
SECTION 9203.11
TOURIST - COMMERCIAL (C -T) ZONE
A. PURPOSE AND APPLICATION.
The C -T zone is intended primarily to provide accommodations and
services for the traveling public and will be applied to areas designated
"tourist - commercial" on the general plan map.
B. PROPERTY DEVELOPMENT STANDARDS.
1. Maximum density: 12 units per net
and motels, but not including other hotel
2. Yards: See Section 9202.5.B.
acre,including dwelling units in hotels
or motel units. (See also Section 9202.5.A.)
3. Maximum coverage: 75 percent (See also Section 9202.5.0.
4. Maximum height: 45 feet (See also Sections 9202.53 and
9202.5.D T.
5. Parking requirements: See Section 9202.5.F.
SECTION 9203.12
SERVICE - COMMERCIAL (C -S) ZONE
A. PURPOSE AND APPLICATION.
The C -S zone is intended to provide for storage, transportation and
wholesaling as well as certain retail sales and business services which
may be less appropriate in the city's other commercial zones. It will be
applied to areas designated "service - commercial /light industrial" on the
general plan map, typically those areas with more public exposure along
arterial streets than places reserved for manufacturing.
B. PROPERTY DEVELOPMENT STANDARDS.
1. Yards: Minimum street yards
Where no building adjoins -
and signs);
shall be:
5 feet (requirement for parking lots
54
4. If the use or structure authorized by use permit i-0 not
established within one year of the date of approval or such longer time as
may be stipulated as a condition 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.
SECTION 9204.3
VARIANCES
A. INTENT.
The variance procedure is intended to allow minor relaxation by the
Director of certain standards that would otherwise prevent a property from
being used in the same manner as other, similar property, where the intent
of these regulations is not compromised by such minor relaxation.
B. SCOPE.
Yards, height limits, coverage, and parking space requirements may be
relaxed. No variance to use regulations or density standards may be
granted.
C. PROCEDURE.
1. Application shall be in the form prescribed by the Director, shall
state the precise nature of the grounds for the variance sought, and shall
generally follow the form established for use permits.
2. Notification requirements and actions of the Director shall be as
provided for administrative use permits in Section 9204.2.C.1. (See also
Section 9204.2.C.2.c.)
D. FINDINGS.
In order to approve a variance, the Director, Planning Commission or
City Council must make each of the following findings:
1. That there are circumstances applying to the site, such as size,
shape, or topography, which do not apply generally to land in the vicinity
with the same zoning;
2. That the variance will not constitute a grant of special privilege
-- an entitlement inconsistent with the limitations upon other properties
in the vicinity with the same zoning;
3. That the variance will not adversely affect the health, safety, or
general welfare of persons residing or working on the site or in the
vicinity.
E. Expiration.
If the entitlement authorized by variance is not established within one year 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.
SECTION 9204.11
DEFINITIONS
Certain terms used in these regulations are defined as follows:
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.
Bed and Breakfast: See "Hotel."
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.
Boarding house means a building or buildings, including off - campus
dormitories, occupied by six or more individuals and where two or more
separate rooms are rented or leased and common eating facilities are
provided, excluding fraternities and sororities.
Building means any structure used or intended for sheltering or
supporting any use or occupancy.
Carnival - see "festival."
Convalescent hospital means a residential facility which provides
limited medical care, excluding acute medical care.
Corner lot means a lot with frontage on two streets which intersect at
an angle of 135 degrees or less.
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.
Director means the director of the Community Development Department,
or someone designated by him to act on his behalf.
District - see "Zone."
Drive - through facility means one in which vehicles line up for service
at definite spots and where customers are served without leaving their
vehicles.
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 (see Section 9202.5.A.1. for
explanation of dwelling "units ").
73
Lodge - see "Private club."
Lot means:
a. A parcel of real property with a distinct designation delineated
on an approved survey map, tract map, or parcel map filed in the
office of the County Recorder and abutting at least one public street,
or
b. A parcel of real property containing at least the area required for
the zone district in which it is located, abutting at least one public
street or other access approved by the City Council, and held under
separate ownership from adjoining property.
Motel - see "Hotel."
Nightclub mans a bar, restaurant, coffee house or similar establishment where
a dance floor or entertainment is provided.
Nursery school - see "Educational facilities."
Office means a business establishment or agency which renders
personal, professional, business or governmental services or performns
administrative activities, including sales or repair only as an accessory
activity.
Outdoor sales means the sale of items regularly stored or displayed
outside a building, where such items are visible from a public
right -of -way or neighboring property.
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.
Setback line means an offically adopted line determining the extent of
a future street or other public right -of -way.
Private club (or lodge) means a premises accommodating bona fide
members and their guests only, for social, cultural, or educational
activities, and only incidentally used for gatherings of other than the
club's members.
Rest home means a residential facility for six or more elderly or
infirm persons, all of whom are ambulatory and do not require confinement
or regular nursing or medical care on the premises.
Residential care facility means a premises on which a
state - authorized, certified, or licensed facility provides accommodations
and care or supervision for not more than six dependent and neglected
children or handicapped children or adults, as provided in Section 1502
and following the California Health and Safety Code.
School - see "Educational facilities."
75