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Home My WebLink About11801 -4 ORDINANCE NO. 1180 4 (1990 SERIES) AN ORDINANCE OF THE CITY OF SAN LUIS OBISPO AMENDING THE ZONING AND SIGN REGULATIONS TO CONDITIONALLY ALLOW NEIGHBORHOOD GROCERY MARKETS IN THE HIGH - DENSITY RESIDENTIAL ZONE (R -4 ZONE), R1487. WHEREAS, the Planning Commission and the City Council have held hearings to consider the text amendment request to allow small retail grocery stores in high- density residential zones, R 1487; and WHEREAS, the text amendment has been evaluated according to the California Environmental Quality Act and the City's Environmental Guidelines, and has received a negative declaration (ER 17 -90); and WHEREAS, the City Council makes the following findings; Findings: 1. The proposed Zoning Regulations text amendment will not adversely affect public health, safety and welfare. 2. The proposed text amendment to allow neighborhood grocery markets in high- density residential zones conforms to the General Plan. s 3. The proposed text amendment promotes General Plan goals by encouraging bicycling and walking to meet neighborhood commercial shopping needs, and by establishing special development standards for compatibility with residential uses. NOW THEREFORE BE IT ORDAINED by the Council of the City of San Luis Obispo as follows: SECTION 1. Zoning Text Amendment, allowed uses. Amend Chapter 17.22 of Zoning Regulations, Table 9 Uses Allowed By Zone, as follows: "Retail Sales - Neighborhood Grocery Market. Allowed with Planning Commission use permit in the R -4 zone." Ordinance No. 1180 (1990 Series) Page 2 SECTION 2. Neighborhood Market Defined, and Development Standards. Amend the R -4 Zone description, Chapter 17.30 of Zoning Regulations to add the following development standards for neighborhood grocery markets: Section 17.30.030. Neighborhood Grocery Market defined: "A retail grocery store with a gross floor of 2,000 square feet or less, and included as an accessory use in a residential development which is under one ownership and contains a minimum of forty (40) individual dwelling units. Neighborhood markets shall sell a full range of food products including meat, dairy, vegetables, fruits, dry goods, and non - alcoholic beverages, and shall cater primarily to customers who arrive by foot, bicycle, or other non - motorized transportation." Section 17.30.040. Development Standards for neighborhood grocery markets: A. Maximum Size. Gross floor area shall not exceed 2,000 square feet per business. Floor area for accessory residential use shall not be counted toward the allowed market floor area. B. Height, Setback, Lot Coverage, and Density. Neighborhood grocery markets shall comply with the height, setback, and coverage requirements for the residential zone in which it is located. A neighborhood grocery market shall count as one (1) density unit for the purposes of calculating density under Section 17.16.010; C. Loading and Deliveries. One curbside or off - street loading space shall be provided per business. Loading and deliveries is permitted only between the hours of 8 a.m. and 9 p.m. D. Hours of operation. Neighborhood grocery markets shall open for business no earlier than 7:30 a.m., and shall close no later than 10 p.m. E. Alcohol Sales. Neighborhood grocery markets shall be prohibited from selling alcoholic beverages of any kind. F. Performance Standards. Neighborhood grocery markets shall comply with Performance Standards, Chapter 17.18 of the Zoning Regulations. In addition, all exterior trash enclosures, outdoor storage, heating or cooling equipment, refrigerators, and similar equipment shall be visually screened, and located Ordinance No. 1180 (1990 Series) Page 3 and /or designed to avoid noise, odor, glare, or vibration impacts to neighboring properties. G. Architectural Review. Neighborhood grocery markets shall be compatible with neighboring structures in terms of scale, massing, architectural style or character, colors and materials, access, exterior lighting and landscaping. Exterior changes shall require architectural review, as provided in Chapter 2.48 of the Municipal Code. H. Good Neighbor Plan. In addition to standard submittal requirements, applicants for a neighborhood grocery market shall submit a Good Neighbor plan with their request. The plan shall include the following: (1) A conflict mediation and response program, outlining responsible parties, phone numbers, steps to be taken to address common neighbor concerns, and remedies for neighbor or City in the event of non - compliance with use permit conditions or the Good Neighbor Plan. The plan should also outline measures to be taken to inform neighbors (within 300 feet of the property boundaries of the market site) of the plan. (2) Recycling /litter control program designed to encourage recycling and reduce litter. It should include customer awareness activities, store policy on accepting and storing recycled containers, providing at least one exterior litter receptacles near each entry, and periodic litter pick -ups sponsored by store owners in cooperation with neighborhood or civic groups. (3) Crime prevention and emergency response program, identifying measures to be taken to: provide security for employees and customers, and provide training for employees in identifying and handling problem situations. SECTION 3. Zoning Text Amendment, required parking. The parking space requirements, Section 17.16.060 (Table 6) of Zoning Regulations are modified as follows: "Retail Sales - Neighborhood Grocery Market." Two (2) spaces for employee parking, plus one space per 500 square feet of gross floor area and a minimum of five (5) bicycle parking spaces shall be provided per business. Ordinance No. 1180 (1990 Series) Page 4 SECTION 4. Amend Sign Regulations. Amend the Sign Regulations, Section 15.40.130 to allow the following signage: 3. "Retail Sales - Neighborhood Grocery Market ": One wall, window, or awning sign on each frontage or building face having a public entrance, with a total sign area not to exceed ten percent of the building face area occupied by the business or tenant, and not to exceed twenty square feet." SECTION 5. APPROVE NEGATIVE DECLARATION. In compliance with Section 15074 of the California Environmental Quality Act and the City's Environmental Guidelines, the City Council approves the Negative Declaration and finds that, on the basis of the project's Initial Study and comments received that there is no substantial evidence that the project will have a significant effect on the environment. SECTION 6. The City Clerk shall cause a summary of this ordinance, approved by the City Attorney, to be published within five (5) days in a newspaper of general circulation, but delay in publication, or even failure to publish, shall not affect its validity. 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 passage and shall be available to any interested member of the public. INTRODUCED AND FINALLY PASSED by the Council of the City of San Luis Obispo at a meeting held on the 20th day of November, 1990, on motion of Councilman Roalman , seconded by Councilman Reiss , and on the following roll call vote: P.- -- Ordinance No. 1180 (1990 Series) Page 5 AYES: Councilmembers Roalman, Reiss, Pinard, =:arid Mayor Dunin NOES: None ABSENT: Councilwoman Rappa i Mayor Ron Dunin AmmFem. City Clerk Pam Voges By: Kim Condon, Deputy- Community. APPROVED: City Administrative Officer Deve ment Director jh /rl487fp.wp Ordinance No. 1180 FINALLY PASSED this 20th r— day of November 19 90 on motion of Councilman Roalman , seconded by — Councilwoman Rappa , and on the following roll call vote: AYES: Councilmembers Roalman, Rappa, Pinard, Reiss, and Mayor Dunin NOES: None ABSENT: None Mayor Ron Dunin By: Kim Condon, Deputy ��, -s �� .,� M��,