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Home My WebLink About1154ORDINANCE NO. 1154 (1989 Series) HIGH OCCUPANCY RESIDENTIAL USE REGULATIONS WHEREAS, the Planning Commission and the City Council have held public hearings to consider amending the zoning regulations in accordance with Section 65800 et. seq. of the Government Code, and Chapter 17.62 of the Municipal Code; and WHEREAS, an increase in the intensity of occupancy, and conversion of garages and other accessory structures into living space in low density and medium density residential zones has caused, and is likely to cause, problems relating to overcrowding, excess traffic, automobile parking, and nuisances associated with such increased use; and WHEREAS, the burdens associated with such intensive,uses causes unreasonable conflicts with neighbors' uses and expectations, and other burdens and risks to public health, safety and welfare; and t, WHEREAS, the City Council finds that the proposed changes to the zoning ordinance are consistent with the general plan and are necessary to protect the health, safety and welfare of its citizens; and WHEREAS, the negative declaration on environmental impact with mitigation measures is affirmed; and NOW, THEREFORE, BE IT ORDAINED by the Council of the City of San Luis Obispo as follows: SECTION 1. That Section 17.93 is hereby added to the zoning ordinance as follows: 9 f HIGH OCCUPANCY RESIDENTIAL USE REGULATIONS Sections: 17.93.010 Purpose 17.93.020 Definition 17.93.030 General Requirements 17.93.040 Performance Standards 17.93.050 Administration 17.93.060 Periodic Review, Enforcement and Violations 1154 i� Ordinance No. 1154 (1989 Series) R 1458 Page 2 17.93.010 Purpose A. This chapter is intended to promote the quality of life in low density and medium density residential neighborhoods by ensuring that dwellings provide adequate support facilities. 17.93.020 Definitions 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. B. "Adult" means a person 18 years of age and older: C. "Tandem parking" means the arrangement of parking where no more than two cars are arranged in tandem, one in front of the other. 17.93.030 General requirements A. Applicability. A high occupancy residential use is allowed in the R -1 and R -2 zones subject to the performance standards set forth in section 17.93.040, below. B. Relation to zone standards. Where this chapter does not contain a particular type of standard or procedure, conventional zoning standards shall apply. C. Nothing in this section prohibits applicants from requesting exceptions or variances from the strict interpretation of zoning regulations to the extent allowed by said regulations for any use. 17.93.040 Performance standards A. Upon approval of an administrative use permit, as defined by Chapter 17.58, a high occupancy residential use may be established with occupancy of six or more adults. The purpose of the use permit is to ensure compliance with the performance standards described below, and to ensure the compatibility of the use at particular locations. 1. The dwelling must contain a minimum 300 square feet of gross floor area, less garage area, per adult. 2. The parking requirement shall be the greater of: 1) The number of spaces required for dwellings as described in Section 17.16.060. OR one off - street parking space per adult occupant, less one. 3. The parking of one vehicle within a required street yard or setback is allowed. Parking in other yards is prohibited. Ordinance No. 1154 (1989 Series) R 1458 Page 3 4. Each required parking space shall be of an all- weather surface. 5. Upon approval of the Community Development Director, parking may be provided in tandem. 6. There shall be a minimum of one bathroom provided for every three adult occupants. 7. The dwelling must meet all current building, health, safety and fire codes and have been built with all required permits. 17.93.050 Administration A. Permit requirement. For high occupancy residential uses with six or more adult occupants, the applicant shall apply for and obtain an administrative use permit as defined by zoning regulations. The applicant shall submit and certify the following information as part of the application for an administrative use permit: 1. Address of dwelling. 2. A site plan which shows: a. the entire boundary of the site as well as adjacent structures within 20 feet. b. the number and location of off - street parking spaces. C. the gross floor area of the dwelling in square feet. d. the floor plan for the dwelling with the rooms clearly labeled. 3. The number of proposed adult occupants. 4. Owner's signature. 5. Any other information deemed necessary by the Community Development Director. 17.93.060 Periodic review and enforcement A. Periodic Review. High occupancy residential uses shall be reviewed annually to insure compliance with the provisions of this section. The use permit shall be reviewed annually for compliance with this chapter. It shall be the responsibility of the property owner to initiate the review and pay applicable fees. B. Violations. Violation of any of the provisions of this chapter shall be the basis for enforcement action by the city which may include revocation of a previously approved use permit. Ordinance No. 1154 (1989 Series) R1458 Page 4 SECTION 2. Section 17.04.222 is added as follows: 17.04.222 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. SECTION 3. Section 17.16.060 is amended as follows: High occupancy residential use The parking requirement shall be the greater of: 1. The number of spaces required for dwellings. OR, 2. One off - street parking space per adult occupant, less one. SECTION 4. Section 17.22.010 is amended as follows: Insert between Government agency offices and meeting rooms, and Home business: 2 -t R -2 R -3 (t-.j . COS O" IT ,C -,4 C -C C -R C -T CS h[ High Occupancy residential use 0 D SECTION 6. A summary of this ordinance, approved by the City Attorney, together with the ayes and noes, shall be published at least five (5) days prior to its final passage in the Telegram- Tribune, a newspaper published and circulated in said city, and the same Ordinance No. 1154 (1989 Series) R 1458 Page 5 shall go into effect at the expiration of ninety (90) days after its said final passage. A copy of the full text of this ordinance shall be on file in the office of the City Clerk on and after the date following introduction and passage to print and shall be available to any interested member of the public. INTRODUCED by the Council of the City of San Luis Obispo, at its meeting held on the 17th day of October, 1989, on motion of Councilmember Rappa, and seconded by Councilmember Settle, and on the following roll call vote: AYES: Rappa, Settle, Pinard NOES: Reiss-, ABSTAIN: Dunin ATTEST: ?, U" City Clerk Pam Vo b s APPROVED: Cit4cA Ad in istrative Officer it tto lvfi ey Community Development Director �� _ � ,, � .� li% � �� ' ,�`' Ordinance No. 1154 FINALLY PASSED this __ 14th _ day of November 19 89 on motion of Coucilwoman Rappa vote: Councilman Settle , seconded by , and on the following roll call AYES: Councilmembers Settle, Rappa: and Pinard NOES: Councilmember Reiss ABSENT: Mayor Dunin a r Ron Dunin ATTEST: City Cl k Pam Voges 0 If .1 1 u'" �� ,� f rte;. �., e � CY" I