HomeMy WebLinkAbout1346ORDINANCE NO. 1346 (1999 Series)
AN ORDINANCE OF THE CITY OF SAN LUIS OBISPO
AMENDING VARIOUS SECTIONS OF THE CITY
ZONING REGULATIONS (TA 70 -94)
WHEREAS, the Planning Commission conducted a public hearing on December 2, 1998
and recommended approval of certain amendments to the City's Zoning Regulations; and
WHEREAS, the City Council conducted a public hearing on January 5, 1999, and has
considered testimony of interested parties, the records of the Planning Commission hearing 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 draft Negative Declaration of
Environmental Impact prepared for the Phase III Zoning Regulations (ER- 70 -94), 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. The City Council finds and determines that the Negative Declaration
adequately 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 adopts said Negative Declaration.
SECTION 2. Sections Amended: Sections 17.04.080, 17.04.330, 17.04.190, 17.12.020,
17.14.020, 17.16.010D, 17.16.060, 17.21.010, 17.21.020, 17.21.030, 17.21.040, 17.21.050,
17.21.060, 17.22 (Table 9), 17.42.020, 17.80.040, 17.80.050, 17.32.010, 17.36.010 and 17.46.010
of the Zoning Regulations are hereby amended to read as follows:
17.04.080 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."
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Ordinance 1346 (1999 series)
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17.04.330 Rest home.
"Rest home" means a residential facility for six or more elderly or infirm persons, all of whom are
independently mobile and do not require confinement or regular nursing or medical care on the
premises. Rest home differs from a "convalescent hospital" in that it is expected to provide
comfort, safety, social participation, and the maintenance of health and activity, but do not provide
skilled nursing care for the ill.
17.04.190 Fraternity house (or sorority house).
"Fraternity house" (or "sorority house ") means a residence for college or university students who
are members of a social or educational association and where such an association holds meetings or
gatherings.
17.12.020 Regulations
A. If a nonconforming lot has been held in common ownership with any contiguous property at
any time since November 18, 1977, and it otherwise meets the requirements for parcel merger
under Government code Section 6645 1.11, it may not be individually developed. The area within
such a lot may be developed only after it has been merged with contiguous property, or otherwise
re- subdivided in conjunction with the contiguous property to create one or more conforming parcels
or one parcel which more nearly conforms.
17.14.020 Regulations.
A. A nonconforming 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.
However, multifamily residences in some zones may be allowed to be restored at the original
density and size, even if the density and size do not conform to current regulations (see Section
17.16.010 E).
17.16.010 Density.
D. Density Bonus for Low - income 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, and as stipulated in chapter 17.90 of these regulations.
17.16.060 Parking space requirements.
E. Bicycle and Motorcycle Spaces. Each use or development which requires 10 or more spaces
shall provide facilities for parking bicycles and motorcycles as follows:
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Ordinance 1346 (1999 seric,,)
Page 3
1. Motorcycle Spaces. Parking for motorcycles shall be provided at the rate of one space for
each 20 car spaces. Projects which 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.
2. Bicycle Spaces. Parking for bicycles shall be provided in accordance with Table 6.5. Project
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. 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.
TABLE 6.5 BICYCLE PARKING SPACE REQUIREMENTS
Zone
Number of bike
Minimum %
Minimum long -
spaces as a
short -termb
term` bicycle
percentage of
bicycle spaces
spaces.
required auto
spacesa
R -2,R -3
5%
100%
d
R -4
C -C,C -R
15%
50%
40%
C -N
O
15%
10%
80%
C -T
5%
10%
80%
C -S, M
15%
10%
80%
PF (schools, 1 space per 3
junior high to students
college)
Park & ride lots 10% -- 100%
a. Requirements apply to uses that require 10 or more vehicle parking spaces. When less
that 1/2 space is calculated, one space is required.
b. "Short-Term Bicycle Parking is used by visitors to multi - family housing and by patrons
of commercial and institutional uses. Bicycle racks are used to satisfy this need.
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Ordinance 1346 (1999 serifs)
Page 4
C. "Long- Term" Bicycle Parking is used by employees of commercial and institutional uses
and by residents. Fully enclosed lockers are used to satisfy this need. Lockable rooms
reserved for bicycle storage and secured parking areas managed by attendants are other
acceptable forms.
d. In addition to short-term parking, bicycle lockers or interior space within each dwelling
or accessory structure (e.g. garages) should be reserved for the storage of at least two
bicycles.
TABLE 6
PARKING REQUIREMENTS BY USE
Type of Use
Required
Dwellings
Residential care facilities (State - licensed)
17.21.010 Purpose.
Number of Off - Street Parking Spaces
R -1 and C /OS: 2 spaces per dwelling, one
of which must be covered. All other zones:
1 per studio apartment: 1- '/2 for first
bedroom plus '/2 for each 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.
Same as single - family dwelling
A. This chapter is intended to implement Government Code Section 65852(.150),- and (.2), which
allows the City to conditionally permit secondary dwelling units in residential zones.
B. The City intends to regulate secondary dwelling units as permitted by Section 65852.2(a) of the
State Government Code, and other applicable sections.
C. The City recognizes opportunities to implement certain policies and programs of the City
Housing Element of the general plan by providing for and regulating secondary dwelling units.
D. Implementation of this chapter is meant to expand housing opportunities for low- income and
moderate - income or elderly households by increasing the number of rental units available within
existing neighborhoods. Secondary dwelling units are intended to provide livable housing at lower
cost while providing greater security, companionship and family support for the occupants.
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Ordinance 1346 (1999 series)
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17.21.020 Definitions.
For the purpose of this chapter, the following words and phrases have the meanings given them in
this section:
A. "Administrative use permit" is defined as defined by Chapter 17.58 of this code.
B. "Director" means the Director of the Community Development Department or his designate.
C. "Nonconforming lot" is defined as defined by Chapter 17.12 of this code.
D. "Nonconforming use" is defined as defined by Chapter 17.10 of this code.
E. "Primary unit" means an existing single - family residential structure that conforms with all
zoning regulations in effect, including this chapter.
F. "Secondary dwelling unit" means an attached dwelling unit which provides complete
independent living facilities for one or more persons and complies with all provisions of this
chapter. It shall include permanent provisions for living, sleeping, eating, cooking and sanitation
on the same parcel as the primary unit is sited.
17.21.030 General requirements.
A. Application. Where this chapter does not contain a particular type of standard or procedure,
conventional zoning standards and procedures shall apply.
B. Areas Where Secondary Dwelling Units are Allowed. Upon approval of an administrative use
permit and upon meeting other requirements of this section, secondary dwelling units may be
established in the following zones: R -1, R -2, R -3, and R -4.
C. Areas Prohibited. Secondary dwelling units shall not be established in any condominium or
planned development project, or any mobile home subdivision, or trailer park, and under no
circumstances shall a secondary dwelling unit be allowed, where in the opinion of the Director, a
resource deficiency exists as defined by Chapter 2.44 of this code.
D. Owner Occupancy. Either the primary unit or secondary dwelling unit must be
owner- occupied.
E. No Subdivision of Property. No subdivision of property shall be allowed where a secondary
dwelling unit has been established unless the subdivision meets all requirements of Zoning and
Subdivision Regulations. Nothing in this section shall prohibit joint ownership of the property
where a secondary dwelling unit has been established.
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Ordinance 1346 (1999 serics)
Page 6
F. Sale of Property. This section shall also apply to new owners of property where a secondary
dwelling unit has been established if the property is sold. All conditions of the use permit,
restrictive covenants and other contractual agreements with the City, shall apply to the property and
new owners.
G. Unit Type Allowed. A secondary dwelling unit shall be attached to or located within the living
area of the primary unit on the lot.
H. Size of Secondary Dwelling Unit. The gross floor area of the secondary dwelling unit shall not
exceed four hundred fifty square feet. The Planning Commission may authorize exception to this
standard by use permit upon finding that:
1. The purpose of this chapter is served:
2. Strict compliance with the size limitation would (a) require significant structural modifications
that would not be required otherwise: or (b) adversely affect an historic or architecturally
significant building.
17.21.040 Performance standards.
A. Design Standards. Secondary dwelling units shall conform to all applicable zoning regulations
such as height, yards, parking, building coverage, etc., except for density requirements as defined
by Zoning Regulations.
1. Secondary dwelling units shall conform to all applicable building and construction codes.
2. 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 other
use.
3. Secondary dwelling units shall be designed as to provide separate living conditions and provide
a safe and convenient environment for the occupants.
4. Secondary dwelling units shall also be architecturally and functionally compatible with the
primary unit.
17.21.050 Procedure requirements.
Prior to filing building plans with the City Building Division, the following shall be met:
A. Permit Requirement. The applicant shall apply for and obtain an administrative use permit as
defined by Zoning Regulations.
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Ordinance 1346 (1999 series)
Page 7
B. Architectural Review Required. All requests shall receive architectural review in accordance
with the adopted Architectural Review Commission Ordinance and Guidelines. The Director shall
determine, upon receiving complete application, whether the project is declared minor or incidental.
In the event the Director determines that the project is not minor or incidental, it shall be forwarded
to the Architectural Review Commission for review.
C. Application Contents. All proposed secondary dwelling unit requests shall be by formal
application for administrative use permit and architectural review.
D. Additional Requirements.
1. Owners Agreement with the City. The owner shall enter into an agreement with the City, on a
form approved by the City Attorney and Community Development Director, agreeing that the
property will be owner- occupied. Upon approval of the administrative use permit and architectural
review, this agreement shall be recorded in the office of the County Recorder to provide
constructive notice to all future owners of the property of the use and owner occupancy restrictions
affecting the property. If owner occupancy is not possible, then the use will terminate, and the
structure will be returned to its original condition to the satisfaction of the Director.
Property owners receiving approvals for secondary dwelling units and establishing the use pursuant
to this section shall also agree to reimburse the City for costs of all necessary enforcement actions.
E. Appeal. Appeal procedures for this section shall be the same as set forth for administrative use
permits as defined in the City Zoning Regulations.
17.21.060 Periodic review - Violations.
A. Periodic Review. Use permits shall be subject to review after the first year and each three years
thereafter.
B. Violations. Violation of any of the provisions shall be basis for revocation of the use permit in
accordance with Chapter 17.72
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Ordinance 1346 (1999 series)
Page 8
17.22 (Table 9 - Uses Allowed by Zone)
Table 9:Uses Allowed byR�
W
R-2
3
R-4
C /OS
O"
PF
C -N
ACC g
C -R
GT
C -S
M
Zone
51
a
<.
Food banks and package
A
A
A`
A
A s
A
m
AID
A/D
AID
Dfi
D
D
food distribution centers
Fortunetellers �, ,..) , .,...) PC ..i,`� D �, D D
Residential care facilities
A
A
A`
A
A s
A
AID
A/D
AID
Dfi
(State Licensed)
17.42.020 Property development standards
A. Maximum density: 36 units per acre, including dwelling units in hotels and motels, but not
including other hotel or motel units (see also Section 17.16.010).
17.80.040 Initiation of amendments - Applications
A. Initiation of Amendment by Planning Commission or Council. The planning commission or the
council may initiate general plan amendments at any time by directing staff to prepare the necessary
analysis and scheduling the proposed amendment for consideration at a hearing, as provided in
Section 17.80.050.
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Ordinance 1346 (1999 series)
Page 9
17.80.050 Schedule for amendments.
Any element of the general plan may be amended not more than four times each year. Each
amendment may include more than one change to the general plan. Such amendments may be
scheduled at any time deemed necessary or convenient. The Planning Commission may review
individual amendments as often as necessary, but the City Council must consider them in no
more than four batches per year, so that cumulative effects of such amendments can be
considered.
17.32.010 Purpose and application.
C. It will be applied as a permanent zone to areas designated "open space" or "park" on the
general plan map. It may also be applied to areas designated "interim open space" where
development is contingent on prerequisites identified in the general plan text.
17.36.010 Purpose and application
B. The zone is further intended to protect neighboring private uses from potentially
incompatible public uses. It will be applied to areas designated "public" and "park" on the
general plan map.
17.46.010 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 "services and manufacturing" on the general plan
map, typically those areas with more public exposure along arterial streets than places reserved
for manufacturing.
SECTION 3. Sections Added: Sections 17.04.271, 17.08.120, 17.16.010E are hereby
added to read as follows:
17.04.271 Multifamily dwelling.
"Multifamily dwelling means any structure designed for human habitation that is divided into two
or more independent living quarters, not including Secondary Dwelling Units as defined in Chapter
17.21.
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.
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Ordinance 1346 (1999 series)
Page 10
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.
17.16.010E Density
E. Exceptions for Multifamily Dwellings Rebuilt After Involuntarily Destroyed. Multifamily
residences in R -1, R -2, R -3, R -4, O, C -N, C -C, C -R, C -T and C /OS zones, which have been
involuntarily damaged or destroyed by fire, other catastrophic event, or the public enemy by more
than 50% of their pre - damaged value, may be rebuilt at the same density and up to the same size,
under the following circumstances:
1. All construction must conform to current building codes, zoning regulations, and architectural
guidelines, except that the previously- existing number of dwelling units and size of buildings
will be allowed.
2. A building permit for the replacement structure(s) must be obtained within three years of the
. date of the damage or destruction.
3. Notwithstanding the above provisions, application for replacement structures of the same
density and size may be denied if the Community Development Director makes one of the
following findings:
a. The reconstruction, restoration, or rebuilding will be detrimental or injurious to the health,
safety, or general welfare of persons living or working in the neighborhood.
b. The reconstruction, restoration, or rebuilding will be detrimental or injurious to property and
improvements in the neighborhood.
c. The existing nonconforming use of the building or structure would be more appropriately
moved to a zone in which the use is permitted.
d. There no longer exists a zone in which the existing nonconforming use is permitted.
SECTION 4. Section(s) Deleted: Section 17.21.050D(2) of the Zoning Regulations, and
Section 9.20.010 of the Municipal Code are hereby deleted.
Ord. 1346
Ordinance No. 1346 (1999 Series)
FINALLY PASSED this 19th day of January, 1999, on motion of Vice Mayor Romero,
seconded by Council Member Ewan, and on the following roll call vote:
AYES: Council Members Ewan, Marx, Schwartz, Vice Mayor Romero, and
Mayor Settle
NOES: None
ABSENT: None
ATTE
Lee Price, CMC
City Clerk
Ord. 1346
Ordinance 1346 (1999 series)
Page 11
SECTION 5. 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 (3 0) days after its final passage.
INTRODUCED AND PASSED TO PRINT by the Council of the City of San Luis
Obispo at its meeting held on the fifth day of January, 1999, on a motion of Council Member
Ewan, seconded by Council Member Romero, and on the following roll call vote:
AYES: Council Members Ewan, Marx, Romero and Mayor Settle
NOES: None
ABSENT: Council Member Schwartz
APPROVED:
S 1010 a
r,
mayor
Ord. 1346