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HomeMy WebLinkAbout1365ORDINANCE NO. 1365 (2000 SERIES) AN ORDINANCE OF THE CITY OF SAN LUIS OBISPO AMENDING THE ZONING REGULATIONS FOR IMPROVED CONSISTENCY WITH THE GENERAL PLAN AND STATE LAW; CLARIFICATIONS AND CORRECTIONS; AND THE ESTABLISHMENT OF AN AGRICULTURAL ZONING DISTRICT (TA 191 -99) WHEREAS, the Planning Commission conducted public hearings on December 1, 1999, and recommended approval of the text amendments (TA 191 -99); and WHEREAS, the City Council has held a hearing on January 4, 2000 to consider the zoning text amendment TA 191 -99, amending various sections of the Zoning Regulations for the purposes of clarification, correction, general plan consistency, and consistency with State law; and Plan. WHEREAS, the City Council finds that the proposed amendments conform to the General BE IT ORDAINED by the Council of the City of San Luis Obispo as follows: SECTION 1. ENVIRONMENTAL DETERMINATION. The City Council finds and determines that the project's Negative Declaration of environmental impact adequately addresses the potential significant environmental impacts of the proposed zoning text change, and reflects the independent judgment of the City Council. The Council hereby adopts said Negative Declaration ER 191 -99. SECTION 2. SECTIONS ADDED_ Sections 17.04.165 and 17.04.185, and Chapter 17.33 are hereby added to read as follows: 17.04.165 Existing topography. "Existing topography" means the natural unaltered topography or the topography resulting from grading activity legally permitted in conjunction with subdivision improvements, right -of -way improvements, or previous on -site building improvements. 17.04.185 Floor area ratio. The gross floor area of a building or buildings on a lot divided by the lot area. Chapter 17.33: AGRICULTURE (AG) ZONE 17.33.010 Purpose and application. The AG zone is intended to encourage conservation of agricultural lands and continuation of agricultural uses and keeping of livestock where compatible with urban development. It will be applied to areas designated on the general plan map as "conservation open space" and "interim open space" where there has been a history of agricultural cultivation and keeping of livestock. 01365 Ordinance No. 1365 (2000 Series) Page 2 17.33.020 Property development standards. The property development standards for the AG zone are as follows: A. Maximum density: One dwelling per 20 acres, except that each legal lot of record may have one dwelling. B. Minimum parcel size: 5 acres, or more as designated in the zone suffix (AG -20 requires a minimum parcel size of 20 acres.) C. Minimum street yard: 20 feet. D. Minimum other yards: 20 feet. E. Maximum height: 35 feet. F. Maximum pavement and building area: Buildings and paved surfaces, such as parking and roads, shall not exceed five percent of site area for a parcel smaller than 10 acres or three percent of site area for a parcel 10 acres or larger. G. Parking requirements: See Section 17.16.060. SECTION 3. SECTIONS AMENDED, Sections 17.04.095, 17.04.140, 17.08.070, 17.08.100, 17.12.020, 17.32.020, 17.34.020, 17.34.020, 17.36.020, 17.38.020, 17.40.020, 17.42.020, 17.44.020, 17.46.020, 17.48.020, 17.16.010, 17.16.020, 17.16.025, 17.16.025, 17.16.030, 17.16.040, 17.16.060 and Table 9 in Chapter 22 are hereby amended to read as follows: 17.04.095 Day Care. (See also "Residential Care facility. ") A. 'Day care facility" means a facility which provides non - medical care and/or instruction to children under 18 years of age and adults 18 years of age and older, who are in need of personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of the individual on less than a 24 -hour basis. B. "Family day care home" means a home which regularly provides non - medical care, protection, supervision, and/or instruction of 14 or fewer children, in the providers own home, for periods of less than 24 hours per day, while the parents or guardians are away, and includes the following: 1. "Small family day care home" means a home, which provides family day care to 8 or fewer children including children under the age of 10 who reside at the home. 2. "Large family day care home" means a home, which provides family day care to 9 to 14 children, inclusive, including children under the age of 10 who reside in the home. C. "Adult day care facility" means any facility that provides nonmedical care to persons 18 years of age or older in need of personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of the individual on less than a 24 -hour basis. 17.04.140 Dwelling. "Dwelling" means a building or mobile home on a permanent foundation with provisions for Ordinance No. 1365 (2000 Series) Page 3 sleeping, cooking and sanitation, and with permanent connections to utilities, providing independent living space. 17.08.070 Mineral extraction. Commercial mining is prohibited within city limits. 17.08.100 Child and Adult Day Care A. Intent. The provisions set forth in this section are intended to enable child and adult day care opportunities throughout the city, to ensure that day care facilities will be compatible with residential uses, and to comply with applicable sections of the Health and Safety Code of the State of California. B. Permits Required. Adult day care facilities serving six or fewer clients on site at one time and small family day care homes for eight or fewer children are considered residential uses for the purposes of zoning regulation. They may be established in all zones where dwellings are allowed. No use permit is required. 2. Adult day care facilities serving seven to 12 clients on site at one time and large family day care homes for children may be established in any zone where dwellings are allowed, subject to performance standards listed below. These facilities require written approval by the Community Development Director, consistent with the following review procedures: a. Public Notice. Mailed notice of the proposed use shall be given to all property owners within no more than a 100 -foot radius of the exterior boundaries of the proposed facility site, no fewer than 10 days prior to the Director's action to approve or deny an application for a day care facility serving seven to 12 adults or nine to 14 children. If no written request for hearing is received by the Community Development Department within 10 days from the mailing of these notices, the Director may approve the requested use upon submission of all required information and without further notice or public hearing. b. Public Hearing. A public hearing shall be required if requested in writing by the applicant or any other affected person. c. Approval. The Director is authorized to approve day care facilities serving seven to 12 adults or nine to 14 children, subject to the appeal provisions of Chapter 17.66 of this Title. In accordance with applicable sections of the California Health and Safety Code, the Director shall approve the use when he or she determines that the proposed facility: i. complies with all applicable provisions of the Fire Code regarding health and safety; and Ordinance No. 1365 (2000 series) Page 4 ii. complies with property development standards contained in Chapter 17.16 of this Title and with City sign regulations; and iii. has been issued a day care license from the State of California, Department of Social Services; and iv. will satisfy performance standards of this section relating to noise, traffic, and parking. 3. Day care facilities serving more than 12 adults or more than 14 children require approval of an administrative use permit where not otherwise allowed or prohibited, consistent with Section 17.22.010 Uses Allowed by Zone and Section 17.58 Use Permits. These facilities are subject to the performance standards outlined below. C. Performance standards for day care facilities serving more than six adults or more than eight children. Noise. The day care facility shall be subject to all applicable provisions of the Noise Ordinance (Chapter 9.12 of the San Luis Obispo Municipal Code). Where the day care facility is adjacent to housing in a residential zone, outdoor play and activities shall be prohibited prior to 9:00 a.m. 2. Traffic. Designated delivery and pick -up areas shall not pose any traffic or safety hazards. Operators of day care facilities shall provide carpool- matching services to all clients. 3. Parking. a. Day care facilities with seven to 12 adults or nine to 14 children, one on- site parking space is required, in addition to parking required for the residence, except when the Director finds that adequate on- street parking exists for dropping off and picking up clients. b. Day care centers with more than 12 adults or more than 14 children must provide two spaces per facility and one space for each 12 day care clients (based on the facility's license), rounded to the nearest whole number, in addition to any spaces required for the residential use if the center is located in a home. See Section 17.16.060 of this Title. D. Day care as an accessory use. When day care facilities are accessory to another use requiring a permit, only one permit application need be filed and acted on. As accessory uses to schools and churches, and where an employer provides on -site child care to 14 or fewer children for the exclusive use of employees, day care is allowed by right, providing the primary use meets City parking standards. E. Exceptions. Nothing in this section shall prohibit applicants from requesting exceptions or variances from the strict interpretation of the Zoning Regulations to the extent allowed by said regulations. The Director may authorize minor exceptions to performance standards upon finding that: Ordinance No. 1365 (2000 Series) Page 5 1. The modification is in accordance with the intent and purpose of the Zoning Regulations, and consistent with City day care policy. F. Nonconforming status. All day care facilities licensed by the State at the time of ordinance adoption (1992) shall be considered legal nonconforming uses, consistent with Chapter 17.10 of these regulations, except that nonconforming day care facilities may not be changed to another nonconforming use. 17.12.020 Regulations. D. Property development standards shall apply to nonconforming lots, except that the density standards shall not prevent construction of a single dwelling unit where otherwise permitted by this chapter. C /OS zone 17.32.020 Property development standards. The property development standards for the C /OS zone are as follows: A. Maximum density: One dwelling per five or more acres, as indicated in the zone designation. B. Minimum parcel size: Five or more acres, as noted in the number, which is part of the zone designation (C /OS -40 requires forty acres). C. Minimum street yard: 20 feet. D. Minimum other yards: 20 feet. E. Maximum height: 35 feet. F. Maximum pavement and building area: Buildings and paved surfaces, such as parking and roads, shall not exceed five percent of site area for a parcel smaller than 10 acres or three percent of site area for a parcel 10 acres or larger. O zone 17.34.020 Property development standards. The property development standards for the O zone are as follows: A. Maximum density: 12 dwelling units per net acre (see also Section 17.16.010). B. Yards: See Section 17.16.020. C. Maximum height: 25 feet; 35 feet with the approval of an administrative use permit in compliance with Section 17.22.010, Table 9, Footnote 11 (Also see Sections 17.16.020 and 17.16.040.) D. Maximum coverage: 60% (see also Section 17.16.030. Ordinance No. 1365 (2000 Series) Page 6 E. Maximum floor area ratio: the ratio of gross building floor area to site area shall not exceed 1.5. F. Parking requirements: See Section 17.16.060. (Ord. 1088 - 1 Ex. A(4), 1987; Ord. 941 - 1 (part), 1982: prior code - 9203.6(B)) PF zone 17.36.020 Property development standards. The property development standards for the PF zone are as follows: A. Yards: See Section 17.16.020. B. Maximum height: 35 feet (see also Sections 17.16.020 and 17.16.040). C. Maximum coverage: 60% (see also Section 17.16.030). D. Maximum floor area ratio: the ratio of gross building floor area to site area shall not exceed: for a parcel adjacent to a C -C zone: 2.0; for a parcel not adjacent to a C -C zone: 1.0 E. Parking requirements: See Section 17.16.060. (Ord. 1016 - 1 (part), 1984: Ord. 941 - 1 (part), 1982: prior code - 9203.7(B)) C -N zone 17.38.020 Property development standards. The property development standards for the C -N zone are as follows: A. Maximum density: 12 units per net acre (see Section 17.16.010). B. Yards: See Section 17.16.020. C. Maximum height: 35 feet (see also Sections 17.16.020 and 17.16.040). D. Maximum coverage: 75% (see also Section 17.16.030). E. Maximum floor area ratio: the ratio of gross building floor area to site area shall not exceed 2.0. F. Parking requirements: See Section 17.16.060. (Ord. 941 - 1 (part), 1982: prior code - 9203.8(B)) C -R zone 17.40.020 Property development standards. The property development standards for the C -R zone are as follows: Ordinance No. 1365 (2000 Series) Page 7 A. Maximum density: 36 units per net acre for all dwellings, including dwelling units in hotels and motels, but not including other hotel or motel units (see also Section .17.16.010). B. Maximum street and other yards: See Section 17.16.020. C. Maximum height: 45 feet (see also Section 17.16.020 and 17.16.040). D. Maximum coverage: 100 %. E. Maximum floor area ratio: the ratio of gross building floor area to site area shall not exceed 3.0, except that in the downtown as mapped in the General Plan Land Use Element, a site which receives transfer of development credit for open space protection shall have a ratio not to exceed 4.0. F. Parking requirements: See Section 17.16.060. (Ord. 1006 - 1 (part), 1984: Ord. 941 - 1 (part), 1982: prior code - 9203.9(B)) C -C zone 17.42.020 Property development standards. The property development standards for the C -C zone are as follows: 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). B. Yards: See Section 17.16.020. C. Maximum height: 50 feet (see also Sections 17.16.020 and 17.16.040). D. Maximum coverage: 100 %. E. Maximum floor area ratio: the ratio of gross building floor area to site area shall not exceed 3.0, except that a site, which receives transfer of development credit for open space protection, shall have a ratio not to exceed 4.0. F. Parking: Other sections of this Title notwithstanding, the Parking Requirements in the C -C zone shall be as follows: C -T zone 17.44.020 Property development standards. The property development standards for the C -T zone are as follows: A. Maximum density: 12 units per net acre, including dwelling units in hotels and motels, but not including other hotel or motel units (see also Section 17.16.010). B. Yards: See Section 17.16.020. C. Maximum coverage: 75% (see also Section 17.16.030). Ordinance No. 1365 (2000 Series) Page 8 D. Maximum height: 45 feet (see also Sections 17.16.020 and 17.16.040). E. Maximum floor area ratio: the ratio of gross building floor area to site area shall not exceed 2.5. F. Parking requirements: See Section 17.16.060. (Ord. 1006 - 1 (part). 1984: Ord. 941 - 1 (part), 1982: prior code - 9203.11(B)) C -S zone 17.46.020 Property development standards. The property development standards for the C -S zone are as follows: A. Yards. Minimum street yards. shall be: 1. Where no building adjoins, five feet (requirement for parking lots and signs); 2. For buildings 20 feet and less in height, 10 feet; 3. For buildings more than 20 feet in height, 15 feet; 4. Other yards shall be as provided in the zone of any adjacent lot; 5. See also Section 17.16.020. B. Maximum height: 35 feet (see also Section 17.16.020 and 17.16.040). C. Maximum coverage: 75% (see also Section 17.16.030). D. Maximum floor area ratio: the ratio of gross building floor area to site area shall not exceed 1.5. E. Parking requirements: See Section 17.16.060. F. Off - street loading requirements: Gross Floor Area of Building 1,000 to 9,999 10,000 to 29,999 30,000 to 99,999 100,000 and more M zone Number of Spaces Required none 1 2 3 17.48.020 Property development standards. The property development standards for the M zone are as follows: A. Yards. Minimum street yards shall be: Ordinance No. 1365 (2000 Series) Page 9 1. Where no building adjoins, five feet (requirement for parking lots and signs); 2. For buildings 20 feet and less in height, 10 feet; 3. For buildings more than 20 feet in height, 15 feet; 4. Other yards shall be as provided in the zone of any adjacent lot; 5. See also Section 17.16.020. B. Maximum height: 35 feet (see also Sections 17.16.020 and 17.16.040). C. Maximum coverage: 75% (see also Section 17.16.030). D. Parking requirements: See Section 17.16.060. E. Maximum floor area ratio: the ratio of gross building floor area to site area shall not exceed 1.5. F. Parking requirements: See Section 17.16.060. G. Off - street loading requirements: Gross Floor Area of Building 1,000 to 9,999 10,000 to 29,999 30,000 to 99,999 100,000 and more 17.16.010 Density. Number of Spaces Required none 1 2 3 A. Determination of Allowed Development. 1. 'Density" is the number of dwellings per net acre, measured in density units. In the AG, C /OS and R -1 zones, each dwelling counts as one density unit. In the other zones, different size dwellings have density 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. 17.16.010.A.2.a.vi. The maximum development allowed for each average cross -slope category is as follows: Ordinance No. 1365 (2000 Series) Page 10 Table 1: Maximum Residential Density For Cross -Slope Categories % Average Maximum Density Allowed Cross Slope (density units per net acre) R -1 R -2, O R -3 R -4 C -R C -N, & C -C C -T 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 17.16.010.A.2.c. Multiply the resulting area (in whole and fractional acres) by the maximum density allowed (in density units per acre) according to Table 1 of this section. 17.16.010.A.2.d. The resulting number (in density 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 density unit values do not exceed the maximum potential. 17.16.020 Yards. B. Measurement of yards. 3. 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 existing topography of the site, before grading for proposed on -site improvements. E. Exception 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. 2. Discretionary Exceptions. d. Other Yard Variations in Previously Subdivided Areas. Upon approval of a use permit, the Director may allow other yards to be reduced to zero under either of the following circumstances: i. When there exists adequate recorded agreement running with the land to maintain at least 10 feet of separation between buildings on adjacent parcels; or ii. When the reduction is for either a minor addition to an existing legal structure, which is non - conforming with regard to yard requirements or for a detached single -story accessory structure provided that the Director makes the following findings: Ordinance No. 1365 (2000 Series) Page 11 • in the case of a minor addition, that the minor addition is a logical extension of the existing non - conforming structure; in the case of a detached single -story accessory structure, that the accessory structure is consistent with the traditional development pattern of the neighborhood and will have a greater street yard setback than the main structure; • that adjacent affected properties will not be deprived of reasonable solar exposure; • that no useful purpose would be realized by requiring the full yard; • that no significant fire protection, emergency access, privacy or security impacts are likely from the addition; and • that it is impractical to obtain a 10 -foot separation easement pursuant to subsection "i" above. All such minor additions and new accessory structures shall comply with applicable provisions of Title 15, Building and Construction Regulations, of this code (see also Chapter 17.14, Non - conforming structures). e. Other Yard Building Height Exceptions. Upon approval of a use permit, the Director may allow exceptions to the standards provided in Tables 3, 4, and 5 of subsection C2 of this section. Such exceptions may be granted in any of the following and similar circumstances, but in no case shall exceptions be granted for less than the minimum yard required: i. When the property that will be shaded by the excepted development will not be developed or will not be deprived of reasonable solar exposure, considering its topography and zoning; ii. When the exception is of a minor nature, involving an insignificant portion of total available solar exposure; iii. When the properties at issue are within an area where use of solar energy is generally infeasible because of landform shading; iv. When adequate recorded agreement running with the land exists to protect established solar collectors and probable collector locations; v. When the property to be shaded is a street; vi. Where no significant fire protection, emergency access, privacy Ordinance No. 1365 (2000 Series) Page 12 or security impacts are likely to result from the exception. 17.16.025 Creek setbacks. 4. Discretionary Exceptions. d. Findings. Each discretionary exception shall be subject to each and every of the following findings, regardless of the type of project application under which the request is considered: i. The location and design of the feature receiving the exception will minimize impacts to scenic resources, water quality, and riparian habitat, including opportunities for wildlife habitation, rest, and movement; and ii. The exception will.not limit the City's design options for providing flood control measures that are needed to achieve adopted City flood policies; and iii. The exception will not prevent the implementation of City - adopted plans, nor increase the adverse environmental effects of implementing such plans; and iv. 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, that would deprive the property of privileges enjoyed by other property in the vicinity with the same zoning; and v. The exception will not constitute a grant of special privilege —an entitlement inconsistent with the limitations upon other properties in the vicinity with the same zoning; and vi. The exception will not be detrimental to the public welfare or injurious to other property in the area of the project or downstream; and vii. Site development cannot be accomplished with a redesign of the project; and viii. Redesign of the project would deny the property owner reasonable use of the property. (Reasonable use of the property in the case of new development may include less development than indicated by zoning. In the case of additional development on an already developed site, reasonable development may mean that no additional development is reasonable considering site constraints and the existing development's scale, design, or density.) Ordinance No. 1365 (2000 Series) Page 13 17.16.030 Coverage. A. Definition. "Coverage" means the area of a lot covered by the footprint of all structures, as well as decks, balconies, porches, and similar architectural features, expressed as a percentage of the total lot area. Uncovered decks or porches, which are 30 inches or less from the ground shall not be included in the determination of coverage. Figure 5 17.16.040 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 adding the elevation of the lowest point of the part of the lot covered by the building to 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 existing topography of the site, before grading for proposed on -site improvements. 17.16.060 Parking Space Requirements. Table 6 - Parking Requirements by Use Type of Use Home business - see Section 17.08.090 Retail sales- indoor sales of building materials and gardening supplies (hardware, floor and wall coverings, paint, glass stores, etc.) Retail sales - appliances, furniture and furnishings, musical instruments; data Number of Off - Street Parking Spaces Required (no change) (no change) (no change) 100' Balcony off second floor Hard surface 50 s.f. ,'not included \400 ti O Breezeway 1100 s.f. 1550 s.f. ul Roof eave :not included Lot area = 8000 s.f. Structures = 2100 s.f. Lot coverage = 26% Figure 5 17.16.040 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 adding the elevation of the lowest point of the part of the lot covered by the building to 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 existing topography of the site, before grading for proposed on -site improvements. 17.16.060 Parking Space Requirements. Table 6 - Parking Requirements by Use Type of Use Home business - see Section 17.08.090 Retail sales- indoor sales of building materials and gardening supplies (hardware, floor and wall coverings, paint, glass stores, etc.) Retail sales - appliances, furniture and furnishings, musical instruments; data Number of Off - Street Parking Spaces Required (no change) (no change) (no change) Ordinance No. 1365 (2000 Series) Page 14 processing equipment, business, office and medical equipment stores; catalogue stores; sporting goods, and outdoor supply Table 6 - Parking Requirements by Use cont'd: Retail sales and repair of bicycles (no change) Retail sales and rental - autos, trucks, (no change) motorcycles, RV's, Retail sales and rental - boats, aircraft and (no change) motor homes Retail sales - auto parts and accessories (no change) except tires and batteries as a principle use Retail sales - tires and batteries (no change) Retail sales - general merchandise (drug, (no change) discount, department and variety stores) Chapter 17.22: Use Regulation Table 9: Uses Allowed by Zone revisions are shown on the attached EXHIBIT A. SECTION 5. A summary of this ordinance, together with the names of council members voting for and against, shall be published once, at least five (5) days prior to its final passage, in the 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. INTRODUCED on the 4th day of January, 2000, AND FINALLY ADOPTED by the Council of the City of San Luis Obispo, on the 18th day of January, 2000, on the following roll call vote: AYES: Council Members Ewan, Marx and Mayor NOES: Council Members Romero and Schwartz ABSENT: None l/� ST: Lee Price, City Clerk Allen Ordinance No. 1365 (2000 Series) Page 15 APPROVED: EXHIBIT A Table 9 -Uses Allowed by R -1 R -2 R -3 R -4 AG C/O O" PF C -N C -C C- C -T C -S M Zone S R Advertising and related services A A/D A A D (graphic design, writing, mailing, addressing, etc. Agriculture - grazing and outdoor A A A A crops Agriculture - greenhouse culture, PC PC livestock feeding Airports and related facilities PC PC PC Ambulance services PC PC A D Amusement arcades (video games, D D A A A see Chapter 5.52, Electronic Game Amusement Centers & 17.08.060) Amusement parks, fairgrounds PC PC Antennas (municipal, commercial, and PC PC20 PC D D public utility broadcasting and wireless telecommunications) Athletic and health clubs, D D D PC A A gymnasiums, fitness centers, game courts Auto dismantling, scrap dealers, A recycling centers Auto repair and related services (body, PC D A A brake, transmissions, muffler shops; painting, etc.) Auto sound system installation D12 D12 A A Banks and savings and loans A Al A A D7 D7 Bars, taverns, etc. (see Nightclubs) D D D D D D Barbers, hairstylists, manicurists, A A A D D tanning centers Bed and breakfast inns PC PC D A A A Boarding/rooming houses, dormitories PC D D D (See also Chapter 17.20) Bowling alleys PC D D D D Broadcast studios A A/D A A A Building and landscape maintenance A/D A A A services Bus stations PC D A Cabinet and carpentry shops D A Caretakers' quarters A A A A A A A A A A A A A A Carwash - mechanical PC9 PC9 D D Carwash - self - service D D PC9 A A Catering services D D A I D A A Table 9 -Use5 Allowed by Zone R -1 R -2 R -3 R -4 AG C/O S O" PF C -N C -C C- R C -T C -S M Cemeteries, mausoleums, columbariums PC PC PC PC PC PC PC PC PC PC PC Christmas tree sales (see Section 17.08.020) Churches, synagogues, temples, etc. PC D D D A D D D A D18 D15 D 18 Circus, carnival, fair, festival, parades (See Section 17.08.010) D D D D D D D D D Computer services A A/D A A D Concurrent sales of alcoholic beverages and motor fuel (See Section 17.08.040) D D D D Construction activities (see Section 17.08.010.C.5) A A A A A A A A A A A A A A Contractor's yards A A Convalescent hospitals PC PC D PC PC D Convents and monasteries PC A A D Credit reporting and collection A A/D A A Credit unions and finance companies A A A Day Care - family day care homes (see Section 17.08.100) - Day care center 17 A D A D A D A D A A A A D A A A A/D A A A D D D Delivery services D A A A Detective and security services A A/D A A D Drive -in theaters PC PC Dwellings (See also Sec. 17.55 - Mixed Use Zone) AZ A A A A A A3 A/D A/D A/D D Educational conferences (see Section 17.08.010H) D D D D Employment agencies A D A A Equipment rental A A Exterminators and fumigators A A Feed stores and farm supply sales PC A A Florists A A A Food banks and package food distribution centers D D Fortunetellers PC D D D Fraternities and sororities PC PC Gas distributors - containerized (butane, propane, oxygen, acetylene, etc.) D A Table 9 -Uses Allowed by R -1 R -2 R -3 R -4 AG C/O 0" PF C -N C -C C- C -T C -S M Zone S R Government agency corporation yards PC A A Government agency offices and PC D D D meeting rooms High occupancy residential use D D Home business (see Section 17.08.090) Homeless shelters (see Section PC PC PC PC PC PC PC PC PC PC 17.08.110) Hostels PC PC A A A Hospitals PC PC Hot tubs - commercial use PC' PC PC D PC PC Insurance service -local A A/D A Insurance services - regional office A/D A Laboratories (medical, analytical PC A A A research) Laundry/dry cleaner - cleaning plant At9 A A -pickup point A A A D A A - self - service A A A D D Libraries PC A7 D A Manufacturing - food, beverages; ice; D A apparel; electronic, optical, instrumentation products; jewelry; musical instruments; sporting goods; art materials Manufacturing - basic metals, PC chemicals, building materials, fabricated metals, textiles, paper and cardboard; machinery, transportation equipment Mineral extraction (see Section 17.08.070) Mobile home parks A A A A Mobile home as construction office (see Section 17.08.010C) Mobile homes as temporary residence A A A A A A A A at building site (see Section 17.08.010F) Mortuaries D D A Motels and hotels (see also" bed and A A A breakfast inns ") Museums PC A A Nightclubs, discotheques, etc. (see D D D PC21 Chapter 17.95, Adult Entertainment -Businesses) Table 9 -Uses Allowed by R -1 R -2 R -3 R -4 AG C/O O" PF C -N C -C C- C -T C -S M Zone S R I Offices (contractors) - all types of A A/D A A A general and special building contractors offices Offices (engineering) engineers, A A/D A A 10 architects, and industrial design I Offices (professional) attorneys, A 22 A/D A 10 10 counselors, medical services, accountants, investment brokers, realtors, appraisers Organizations (professional, religious, D D A D A/D A D political, labor, fraternal, trade, youth, etc.) offices and meeting rooms Parking (as a principal use) PC13 D13 PC' D 1 D13 D13 3 Parks A A A A D D A D A A A Photocopy services; quick printers A. A A/D A A A Photofinishing - retail A A A PC A Photofinishing - wholesale; and blue- D A A printing and microfilming service Photographic studios A A A PC A Police and fire stations and training PC facilities Pool halls, billiard parlors, etc. PC D D D Post offices and public and private postal services under 2000 square feet gross PC D A A A floor area per establishment 2,000 square feet or more gross PC A A A floor area per establishment Printing and publishing D D A A Produce stand D D A A A A Public assembly facilities (community PC D D D PC meeting rooms, auditoriums, convention/exhibition halls) Railroad yards, stations, crew facilities D A Refuse hauling, septic tank and A portable toilet services Repair services - small household appliances, A A A A A locksmiths, seamstress, shoe repair - large appliances, electrical D A A equipment, power tools, saw sharpening Table 9 -Uses Allowed by R -1 R -2 R -3 R -4 AG C/O O" PF C -N C -C C- C -T C -S M Zone S R Research and development - services, A A/D A A A 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 Residential care facilities (state A A A A A A A A/D A/D A/D D licensed) Restaurants, sandwich shops, take- A A A A D D out food, etc. Retail Sales - convenience stores A A A A D D Retail sales - outdoor sales of building D8 D A A A and landscape materials (lumberyards, nurseries, etc.) Retail sales - indoor sales of building A8 A A A A materials and gardening supplies (hardware, floor and wall coverings, paint, glass stores, etc. Retail sales - appliances, furniture and A8 A A A furnishings, musical instruments; data processing equipment, business, office and medical equipment stores; catalog stores; sporting goods, outdoor supply Retail sales and repair of bicycles A A A A Retail sales and rental - autos, trucks, D A PC motorcycles, RV's Retail sales - auto parts and D D A A PC accessories except tires and batteries as principal use Retail sales - tires and batteries A A PC Retail sales and rental - boats, aircraft, A PC mobile homes Retail sales - groceries, liquor and A A ` A PC specialized foods (bakery, meats, dairy items, etc.) Retail sales - neighborhood grocery D D D D A A D (See also Sec. 17.08.095) Table 9 -Uses Allowed by R -1 R -2 R -3 R -4 AG C/O O" PF C -N C -C C C T C -S M Zone S R Retail sales - general merchandise (drug, discount, department and variety stores) (See also "Retail sales - warehouse stores) 15,000 square feet or less gross A A A floor area per establishment 15,001 to 60,000 square feet gross PC A A floor area per establishment more than 60,000 square feet PC D gross floor area per establishment Retail sales and rental - specialties A8 A A (shoe stores, clothing stores, book/record/videotape stores, toy stores, stationery stores, gift shops) Retail Sales - warehouse stores - 45,000 square feet or less gross floor PC D D area per establishment -more than 45,000 square feet gross floor area per establishment PC PC PC Schools Nursery schools /Pre - school (see Day care)" Elementary, junior high, high PC PC D D D D schools; schools for disabled/ handicapped Colleges/universities D Business, trade, recreational, or PC A/D A D D5 other specialized schools Boarding schools and academics PC PC Secretarial and related services (court A MD A D reporting, stenography, typing, telephone answering, etc.) Service stations (see Section D D D A A 17.08.030) Skating rinks PC PC D PC PC Social services and charitable A D D A A agencies (see also "organizations ") Stadiums PC PC PC Swap meets PC PC Swimming pools (public) PC PC PC PC Tattoo parlors D D Tallow works PC Table 9 -Uses Allowed by R -1 R -2 R -3 R -4 AG C/O O" PF C -N C -C C- C -T C -S M Zone S R Temporary parking lots (see Section 17.08.0101) Temporary real estate sales office in D D D D tract (see Section 17.08.0106) Temporary sales (see Section D D D D D D 17.08.010J) Temporary uses - not otherwise listed D D D D D D D D D D D D D in Section 17.08.010 Theaters (see Chapter 5.40, Adult PC16 PC14 D D Entertainment Establishments) Ticket/travel agencies A Aa A A D D Tire recapping A A Title companies A A A Trailer rental D A A Trucking/taxi service A A Utility companies Corporation yards PC A A Customer account services (bill A D A D paying and inquiries) Distribution and transmission facilities - see Section 17.08.080 Engineering and administration A D A/D A D offices Payment drop points A D A A A Vending machines (see Section 17.08.050) Veterinarians, boarding and grooming D6 D6 D6 A6 D (small animals) Vetemarians, boarding and grooming (large animals) PC PC D D Warehousing, mini - storage, moving A A company Water and wastewater treatment PC plants Water treatment services A A Wholesale and mail -order houses PC A A Zoos PC Notes: 1. In the C -N, C -S, and M zones, only branches of banks are allowed - no headquarters. 2. Except for condominiums, the development of more 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 O zone, dwellings on a site occupied by residential uses only are allowed. Dwellings on a site with nonresidential uses require approval of an administrative use permit. 4. In the C -N zone, hot tubs /spas for commercial 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 O, C -N, C -C and C -R zones, animals at veterinarian's facilities must be kept within a building. 7. In the C -N zone, branch libraries only are allowed. 8. In the C -N zone, the following types of uses are allowed provided that (1) the gross floor area of each establishment shall not exceed 2,000 square feet and (2) the combined floor area of all such establishments within a shopping center shall not exceed 25% of the total floor area in a shopping center with a gross floor area of 15,000 square feet or greater; or shall not exceed 50% of the total floor area in a shopping center with a gross floor area of less than 15,000 square feet: Retail sales - outdoor sales of building and landscape materials. Retail sales - indoor sales of building materials and gardening supplies. Retail sales - appliances, fur6iture and furnishings, musical instruments; data processing equipment business, office and medical equipment stores; catalog stores; sporting goods, outdoor supply. Retail sales and rental - specialties, except that the floor area of video stores shall not exceed 3,000 square feet. Ticket/travel agencies. For parcels not located within shopping centers, an administrative use permit shall be required for the uses listed above, to insure consistency with policies of the General Plan Land Use Element and compatibility with surrounding uses. The use permit may provide for exceptions to the floor area limitations listed under (1) and (2) above. 9. In the C -N and C -T zones, car washes are allowed only in conjunction with and incidental to service stations. 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. 11. An administrative use permit is required for the construction of nonresidential structures or the conversion of residential structures to non - residential uses in the O zone. In order to approve a use permit the Director must make each of the following findings: A. That the location, orientation, height, and mass of new structures will not significantly affect privacy in nearby residential areas. B. That the project's location or access arrangements will not significantly direct traffic to use local streets in nearby residential areas. C. That the project includes landscaping and yards that adequately separate parking and pedestrian circulation areas from sites in nearby residential areas. 12. In the C -C and C -R zones, use permit review of automobile sound system installations should include consideration of the following items: parking space displacement, noise from the operation, and appearance. Use permits may be approved only when the use is accessory to a retail sales operation. 13. Where parking as a principal use is allowed, deviations to existing setbacks and building heights are permitted upon approval of a use permit as required by Section 17.22.010. All multi -level parking facilities shall require the approval of a use permit by the Planning Commission. 14. Theaters in the C -N zone shall be limited to 4,000 square feet in size, a single screen, and restricted to shopping center sites in the zone (See Section 17.04.371). 15. Use permit review shall consider that the C -S zone is primarily intended to accommodate uses not generally suited to other commercial zones because of noise, truck traffic, visual impacts and similar factors. A use permit may be y „) 01-5 CV approved only when the church will not likely cause unreasonable compatibility problems with existing or likely future service commercial uses in the vicinity. Use permit conditions may include measures to mitigate incompatibility. 16. In the PF zone, only non - profit theaters are permitted. 17. Allowed by right where accessory to a church or school, or where an employer provides on -site child care to 14 or fewer children for the exclusive benefit of employees, providing the primary use meets City parking standards. 18. Church uses may be allowed inside existing buildings only. 19. Dry cleaning plants in the C -N zone shall be allowed subject to the following performance standards: less than 2,000 square feet in area; use APCD- approved low- emission equipment; and cleaning done on -site shall be for customers coming to this location only (not serve as a regional plant). 20. Allowed in Open Space zones only if consistent with Land Use Element Policies 6.1.2 and 6.2.2 and Open Space Element policies regarding resource protection of hills and mountains and scenic resources. 21. In the C -S zone, nightclubs must contain a minimum of 4,500 square feet of floor area. The required use permit process shall address parking, neighborhood compatibility and security issues. 22. Emergency medical facilities may be allowed in the C -N zone, with approval of an Administrative Use Permit, provided the gross floor area of such establishment shall not exceed 3,500 square feet.