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HomeMy WebLinkAbout1310ORDINANCE NO. 1310 (1996 Series) AN ORDINANCE OF THE CITY OF SAN LUIS OBISPO AMENDING VARIOUS SECTIONS OF THE ZONING REGULATIONS IN ORDER TO IMPLEMENT POLICIES OF THE 1994 LAND USE ELEMENT OF THE GENERAL PLAN (TA 79 -96 & TA 121 -96) WHEREAS, the Planning Commission conducted public hearings on June 12"', August 141`, and December 11, 1996, and recommended approval of certain amendments to the City's Zoning Regulations; and WHEREAS, the City Council conducted public hearings on September 171i, 1996 and January 21', 1997, and has considered testimony of interested parties, the records of the Planning Commission hearings and action, and the evaluation and recommendation of staff; and WHEREAS, the City Council finds that the proposed provisions are consistent with the General Plan and other applicable City ordinances; and WHEREAS, the City Council has considered the EIR for the Land Use and Circulation Elements of the General Plan (Certified on August 23, 1994) and staff's determination that these implementation amendments constitute a secondary phase of the "project" evaluated by that EIR; and BE IT ORDAINED by the Council of the City of San Luis Obispo as follows: SECTION 1. The City Council finds and determines that the EIR for the Land Use and Circulation Element of the General Plan addresses the potential significant environmental impacts of the proposed text amendments to the Zoning Regulations, and reflects the independent judgement of the City Council. The Council hereby determines that no further environmental review is required. SECTION 2. Sections 17.04.085, 17.16.010, 17.16.060, 17.22.010, and 17.50.010 are hereby amended to read as follows: 17.04.085 Convenience Store. Any 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. 17.16.010 Density. A. Determination of Allowed Development. 4/3/0 Ordinance No. 1310 (1996 Series) Page 2 1. '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: 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 subareas, as determined by the Community Development Director. ii. Cross -slope determinations shall be based on the existing topography of the net site area after accounting for any approved on -site grading necessary to accommodate right -of -way improvements, and before grading for other proposed on -site improvements. iii. Cross -slope shall be calculated only for the "net area" as defined in Subsection 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. Ordinance No. 1310 (1996 Series) Page 3 vi. The maximum development allowed for each average cross -slope category is as follows: TABLE 1 MAXIMUM RESIDENTIAL DENSITY FOR CROSS -SLOPE CATEGORIES % Average Maximum Density Cross Slope (units per net acre) R -1 R -2, O R -3 R -4 C -R & C -N, C -T C -C 0-15 7 12 18 24 36 16 -20 4 6 9 12 36 21 -25 2 4 6 8 36 26+ 1 2 3 4 36 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 that allowed for the category of less than 15% slope for the appropriate zone. (See also Section 17.12.020.D, Nonconforming Lots - Regulations.) b. Determine the Net Area of the Site. "Net area" is all the area within the property lines of the development site excluding the following: 1. Street right -of -way dedicated to the City; 2. Area between the tops of banks of creeks shown on the Open Space Element "Creeks Map;" 3. Habitat occupied by species listed as "endangered" or "threatened" by the U.S. Fish and Wildlife Service or the California Department of Fish and Game, or as "plants of highest priority" by the California Native Plant Society; 4. Area within the drip line of "heritage trees" designated by the City. c. Multiply the resulting area (in whole and fractional acres) by the maximum density allowed (in units per acre) according to the table in subsection A. La. of this section. 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 Ordinance No. 1310 (1996 Series) Page 4 be developed, so long as their combined unit values do not exceed the maximum potential. 17.16.060 Parking space requirements. Table 6 - Parking Requirements by Use is hereby amended as follows: Type of Use Number of Off - Street Parking Spaces Required Research and development One space per 300 square feet office or laboratory area, plus one space per 500 square feet indoor assembly or fabrication area, plus one space per 1,500 square feet outdoor work area or indoor warehouse area. Retail sales - convenience markets One space per 200 square feet gross floor area. Warehouse store One space per 200 square feet gross floor area. 17.22.010 Uses allowed by zones. Table 9 - Uses Allowed by Zone is hereby amended as follows: Table 9 -Uses Allowed b Zone R -1 R -2 I R -3 R-4 C /OS O" PF C -N C -C C -R C -T C -S M Banks and savings and loans A A' A A D' D' Research and development - A A/D A A A services, software, consumer products, instruments, office equipment and similar items, and related light chemical processing Research and development - PC D transportation equipment, weapons, metals, chemicals, building materials, and similar items Retail sales - convenience stores A A A A D D Retail sales - indoor sales of A$ A A A A building materials and gardening supplies (hardware, floor and wall coverings, paint, glass stores, etc.) Retail sales - groceries, liquor and A A A PC specialized foods (bakery, meats, dairy items, etc.) Ordinance No. 1310 (1996 Series) Page 5 Table 9- Uses Allowed by Zone R -1 R -2 R -3 R4 C /OS 0" PF C -N I C -C I C -R C -T Retail sales - general merchandise (drug, discount, department and variety stores) (see also "Retail sales - warehouse stores ") - 15,000 square feet or less gross floor area per establishment A A A - 15,001 to 60,000 square feet gross floor area per establishment PC A A - more than 60,000 square feet gross floor area per establishment. PC D Retail sales - warehouse stores - 45,000 square feet or less,gross PC D D floor area per establishment - more than 45,000 square feet PC PC PC gross floor area per establishment. Social services and charitable A D D A A agencies (see also "organizations ") A - The use is allowed; D - If the Director approves an administrative use permit as provided in Sections 17.58.020 through 17.58.080, the use may be established; PC - If the Planning Commission approves a use permit as provided in Sections 17.58.020 through 17.58.080, the use may be established; A/D - The use is allowed above the ground floor. If the Director approves an administrative use permit, it may be established on the ground floor. Notes: In the C -N, C -S, and M zones, only branches of banks are allowed - no headquarters. 10. Large professional office buildings which can include multiple tenants but with no single tenant space less than 2,500 square feet may be established in the C -,S and M zones subject to the approval of a Planned Development (PD) zoning application and compliance with findings specified in Section 17.62.040 C. However, this provision notwithstanding, the following types.of office- related uses are prohibited in PDs approved for C -S and M zones: Non - branch banking services, real estate offices, financial institutions, medical clinics, doctor's offices, and lawyer's offices. 17.50.010 Purpose and application. The planned development zone is intended to encourage imaginative development and effective use of sites. It does this by allowing more variation in project design than normal standards would allow. Such variation from normal standards should provide benefits to the project occupants or to the community as a whole which could not be provided under conventional regulations. PD rezoning must occur simultaneously with approval of a specific project. In the C -N, C -C, C -R, C -T, C -S, and M zones, the PD zone may be applied to any parcel. In all other zones, the PD zone may be applied Ordinance No. 1310 (1996 Series) Page 6 to any parcel or contiguous parcels of at least one acre. SECTION 3. Sections 17.04.328, 17.04.455, are hereby added to read as follows: 17.04.328 Research and development. "Research and development" means a facility where basic scientific, marketing, or similar types of research are conducted, or where new products or services are designed, or prototypes are produced or tested, excluding retail sales and production -run manufacturing. 17.04.45,x7 Warehouse store. "Warehouse store" means a retail or wholesale store which sells items primarily in bulk quantities or containers, and which has minimal range of brands and minimal display space that is separate from storage areas. SECTION 4. A summary of this ordinance, together with the names of Council members voting for and against, shall be published at least five (5) days prior to its final passage, in the Telegram- 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. Ordinance No. 1310 (1996 Series) Page 7 INTRODUCED AND PASSED TO PRINT by the Council of the City of San Luis Obispo at its meeting held on the 21st day of January , 1997, on a motion of Poalman seconded by Smith , and on the following roll call vote: AYES: Council Yerber Roalman, Smith and Mayor Settle NOES: Council members Romero and Williams ABSENT: None ATTEST: - " 5, -� � (/- --� � � %� G onnie Gawf, ity C k APPROVED: I "POWMAR, 1 i Ordinance No. 1310 (1996 Series) FINALLY PASSED this 5'h day of February, 1997, on motion of Council Member Smith, seconded by Council Member Williams, and on the following roll call vote: AYES: Council Members Smith, Roalman and Mayor Settle NOES: Council Members Romero and Williams ABSENT: None ATTEST: . "M � R'� . , _, p,