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HomeMy WebLinkAbout1438ORDINANCE NO. 1438 (2003 Series) AN ORDINANCE OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO AMENDING THE ZONING REGULATIONS TO IMPLEMENT THE COMMERCIAL ZONING REVISIONS R/TA /GPR/GPA/ER 32 -02 (Citywide) WHEREAS, the Council of the City of San Luis Obispo conducted a public hearing in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo, California, on June 17, 2003, for the purpose of considering Application R/TA/GPR/GPA/ER 32 -02, a series of changes proposed to the City's Zoning Regulations and General Plan to modernize and enhance standards for commercial development; and WHEREAS, notices of said public hearings were made at the time and in the manner required by law; and WHEREAS, Council Resolution No. 9451 approved the Proposed Commercial Zoning Revisions Document and a Negative Declaration for the project; and WHEREAS, the Municipal Code text amendments included in this ordinance are consistent with the General Plan because the values and objectives underlying the scope of the project include encouraging and maintaining a compact urban form, conserving land area and resources, reducing the number of single- occupant vehicle trips necessary to accomplish daily activities, and creating a safe and pleasant living and working environment; and WHEREAS, the Council has duly considered all evidence, including the recommendation of the Planning Commission, testimony of interested parties, and the evaluation and recommendations by staff, presented at said hearing. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of San Luis Obispo as follows: Section 1. Commercial Zone Descriptions. The descriptions of the City's commercial zones are hereby amended as follows: Chapter 17.34 Office (0) Zone 17.34.010 - Purpose and application. The O zone is intended to provide for offices and related functions close to medical facilities and the downtown, convenient to public transportation and related government and business services. The O zone is also intended to provide for the continuation and development of residential uses where they will be compatible with neighboring offices. The O zone implements and is consistent with the Office land use category of the General Plan. 01438 Ordinance No. 1438 (2003 Series) Page 2 Chapter 1738 Neighborhood Commercial (C -N) Zone 17.38.010 - Purpose and application. The C -N zone is intended to provide for retail sales and personal services primarily for the convenience of surrounding residential areas, in small - scale, pedestrian- oriented developments. Individual, small -scale retail establishments should provide several types of merchandise (as in the example of a neighborhood market providing groceries, household items, magazines, etc.), as opposed to a business offering a wide selection of a single type of merchandise (for example, shoes, books, etc.). The C -N zone implements and is consistent with the Neighborhood Commercial land use category of the General Plan. Chapter 17.42 Downtown Commercial (C -D) Zone 17.42.010 - Purpose and application. The C -D zone is intended to provide for a wide range of retail sales, service, and entertainment uses meeting community -wide and regional market demands. The C -D zone is intended to be applied within the City's pedestrian- oriented central business district, where the historical pattern of development creates limitations on building form and the ability for individual businesses to provide on -site parking. Ground -floor, street - fronting uses are intended to be generally limited to those that attract frequent pedestrian traffic. The C -D zone is intended to maintain, enhance, and extend the desirable characteristics of the downtown, and also to accommodate carefully integrated new development. The C -D zone is consistent with and implements the General Retail land use category of the General Plan. Chapter 17.40 Retail Commercial (C -R) Zone 17.40.010 - Purpose and application. The C -R zone is intended to provide for a wide range of retail sales, business, personal, and professional services, as well as recreation, entertainment, transient lodging, and some residential uses. The land uses allowed in this zone will generally serve the entire community and the region, as well as tourists and travelers. The C -R zone implements and is consistent with the General Retail land use category of the General Plan, and is intended to be applied primarily to areas with more public exposure on arterial streets than those reserved for manufacturing. Chapter 17.44 Tourist Commercial (C -T) Zone Ordinance No. 1438 (2003 Series) Page 3 17.44.010 - Purpose and application. The C -T zone is intended to provide accommodations and services for the traveling public. The C -T zone implements and is consistent with the Tourist Commercial land use category of the General Plan. Chapter 17.46 Service Commercial (C -S) Zone 17.46.010 - Purpose and application. The C -S zone is intended to provide for services, limited retail, and other business service uses that may be less appropriate in the City's other commercial zones, as well as accommodating certain storage, transportation, wholesaling and light manufacturing uses. The C -S zone implements and is consistent with the Services and Manufacturing land use category of the General Plan, and is intended to be applied primarily to areas with more public exposure on arterial streets than those reserved for manufacturing. Chapter 17.48 Manufacturing (M) Zone 17.48.010 - Purpose and application. The M zone is intended to provide for assembly, fabrication, and other manufacturing activities in addition to those permitted in the C -S zone, and for limited sales and services to local consumers. The M zone implements and is consistent with the Services and Manufacturing land use category of the General Plan, and is intended to be applied primarily to areas served by, but with limited or no frontage on arterial streets. Section 2. New Land Use Definitions. The land use definitions included in Exhibit A are hereby adopted as the City's new land use definitions and shall be numbered starting with Chapter 17.100. The existing definitions chapter, Chapter 17.04, is hereby repealed in its entirety. Section 3. Uses Allowed b. Zone_. Table 9 of the Zoning Regulations, Uses Allowed by Zone, is hereby completely replaced by the new Table 9 included in Exhibit B. Section 4. Planned Development Overlay Zone. Chapter 17.50 of the Zoning Regulations, Planned Development Overlay Zone, is hereby completely repealed and replaced with a new Chapter 17.50, as shown in Exhibit C. Section 17.62.040 is hereby deleted and Section 17.62.045 is hereby added to the Zoning Regulations, as written below: 17.62.045 - Decision and Findings Ordinance No. 1438 (2003 Series) Page 4 Following a public hearing, the Commission may recommend, and the Council may approve or disapprove a rezoning to apply the PD overlay zoning district in compliance with this Section. A. Mandatory project features. The review authority may recommend or approve a rezoning to apply the PD overlay zoning district only for a project that incorporates a minimum of two of the following four features. 1. A minimum of 25 percent of the residential units within the project are affordable to households of very low, low or moderate income (See Municipal Code Chapter 17.90 for incentives provided for affordable housing development, including density bonuses and possible fee waivers); 2. The project will achieve a minimum of 30 percent greater energy efficiency than the minimum required by California Code of Regulations Title 24; 3. The project will preserve, enhance, and/or create a significant natural feature with a minimum area of one -half acre; or 4. The project will provide a substantial public amenity, for example, a significant public plaza, a public park, or a similar improved open space feature, including provisions for guaranteed long -term maintenance not at the expense of the City. B. Required findings for approval. The review authority may approve a rezoning to apply the PD overlay zoning district only after first making all of the following findings: 1. The project is consistent with the General Plan and any applicable specific plan, and the proposed land use is allowed within the applicable primary zoning district; 2. The project complies with all applicable provisions of these Zoning Regulations other than those modified by the PD rezoning; 3. The approved modifications to the development standards of these Zoning Regulations are necessary and appropriate to accommodate the superior design of the proposed project, its compatibility with adjacent land uses, and its successful mitigation of environmental impacts; 4. The project complies with all applicable City Design Guidelines; 5. All affected public facilities, services, and utilities are adequate to serve the proposed project; Ordinance No. 1438 (2003 Series) Page 5 6. The location, size, site planning, building design features, and operating characteristics of the project are highly suited to the characteristics of the site and surrounding neighborhood, and will be compatible with the character of the site, and the land uses and development intended for the surrounding neighborhood by the General Plan; 7. The site is adequate for the project in terms of size, configuration topography, and other applicable features, and has appropriate access to public streets with adequate capacity to accommodate the quantity and type of traffic expected to be generated by the use; and 8. The establishment, maintenance, or operation of the proposed project will not, in the circumstances of the particular case, be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity of the proposed use, or detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the City. 17.62.080 Amendment of final development plan. D. Amendments to large office PD ordinances approved by the Council prior to June 2003 may be approved under Subsection B. above to allow changes in proposed use as long as those uses are determined by the Planning Commission to be consistent with the General Plan. E. These procedures apply whether or not all or part of the development has been built. (Ord. 941 - 1 (part), 1982: prior code 9204.4.(H)) Section 5. Mixed Use Projects. Standards for new mixed -use projects are hereby approved and shall be located in a new section of the Zoning Regulations, Section 17.08.072 — Mixed Use Projects, as shown in Exhibit D. The existing Chapter 17.55 is hereby completely repealed and replaced with a new Chapter 17.55 — Mixed Use (MU) Overlay Zone, as shown in Exhibit E. Section 6. Work/Live and Live/Work Projects. Standards for work/live and live /work projects are hereby adopted and added to the Zoning Regulations as Section 17.08.120, as shown in Exhibit F. Section 7. Airport Land Use Commission. To insure consistency with the Airport Land Use Plan, Section 17.22.010 of the Zoning Regulations is hereby amended as shown in Exhibit G. Ordinance No. 1438 (2003 Series) Page 6 Section 8. Miscellaneous Amendments. The following miscellaneous amendments are hereby approved: Section 17.08.095 Convenience Stores. Chapter 17.10.020 Nonconforming Uses 17.10.020 Regulations 3. A nonconforming single - family dwelling may be continued without limitation by this Section, and if involuntarily damaged or destroyed, may be reconstructed or replaced with a new structure with the same footprint and height, in compliance with current California Building Standards Code requirements. Subsections 17.16.120 D. through H. shall be renumbered as E. through I., respectively. 17.16.120 Wireless Telecommunication Facilities D.. Limitations on use. A wireless telecommunication facility may be allowed in the Open Space zone 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, mountains, and scenic resources. The approval of a facility in the O zone shall require that the review authority first find that the project site is in a predominantly non - residential area. Section 9. Summary. A summary of this ordinance, together with the names of Council members voting for an against shall be published 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 thirty (30) days after its final passage. INTRODUCED on the 17th day of June, 2003, and FINALLY ADOPTED by the Council of the City of San Luis Obispo on the 1st day of July, 2003, on the following roll call vote: AYES: Council Members Ewan and Settle, Vice Mayor Mulholland, and Mayor Romero NOES: Council Member Schwartz ABSENT: None Ordinance No. 1438 (2003 Series) Page 7 Mayor David F. Romero ATTEST: Lee Price, C.M.C. City Clerk APPROVED: Jo n P. Lowell, City Attorney I herehy ce-tify that this document is a true^ copy of Ordinance No. C6 and that ?t ordinance was published pursuant to Charter Sec ' 602. � c to i Clerk City of San Luis Obispo - Commercial Zoning Revisions Exhibit A - New Land Use Definitions A. Definitions, "A." Accessory. "Accessory" means clearly subordinate or incidental and directly related to a permitted use or structure. "Accessory use" includes active or passive solar heating systems and cogeneration facilities. (Ord. 941 - 1 (part), 1982: prior code - 9204.11 (part)) Airport. An area approved by the Federal Aviation Administration (FAA) for the take -off and landing of aircraft, including appurtenant areas for airport buildings, aircraft operations, and related facilities, aprons and taxiways, control towers, hangers, safety lights, navigation and air traffic control facilities and structures. These may also include facilities for aircraft manufacturing, maintenance, repair, and reconditioning. Where approved, an airport may also include aircraft sales and dealerships, car rental establishments, gift shops, hotels and motels, personal services, restaurants and bars, tobacco and news stands, and other similar commercial uses serving the air-traveling- public and airport employees. Ambulance, Taxi, or Limousine Dispatch Facility. A base facility from which taxis and limousines are dispatched, and/or where ambulance vehicles and crews stand by for emergency calls. Does not include a dispatch office facility on a site separate from the location where the vehicles used by the business are parked or stored between calls, which is instead included under the definition of "Office - Production or Administration." Antenna/Telecommunications Facility. Public, commercial and private electromagnetic and photoelectrical transmission, broadcast, repeater and receiving stations for radio, television, telegraph, telephone, data network, and wireless communications, including commercial earth stations for satellite -based communications. Includes antennas, commercial satellite dish antennas, and equipment buildings. Does not include telephone, telegraph and cable television transmission facilities utilizing hard -wired or direct cable connections. Auto and Vehicle Sales/Rental. A retail establishment selling and/or renting automobiles, trucks and vans, motorcycles, and bicycles (bicycle sales are also included under "General Retail "). May also include repair shops and the sales of parts and accessories, incidental to vehicle dealerships. Does not include: the sale of auto parts /accessories separate from a vehicle dealership (see "Auto Parts Sales "); mobile home, recreational vehicle, or watercraft sales (see "Mobile Home, RV and Boat Sales "); tire recapping establishments (see "Vehicle Services "); businesses dealing exclusively in used parts, (see "Recycling - Scrap and Dismantling Yards "); or "Service Stations," which are separately defined. Auto Parts Sales. A store that sells new automobile parts, tires, and accessories. May also include minor parts installation (see also "Vehicle Services "). Does not include tire recapping establishments, which are found under "Vehicle Services" or businesses dealing exclusively in used parts, which are included under 'Recycling - Scrap and Dismantling Yards." Automated Teller Machine (ATM). A computerized, self- service machine used by banking customers for financial transactions, including deposits, withdrawals and City of San Luis Obispo - Commercial Zoning Revisions Exhibit A - New Land Use Definitions fund transfers, without face -to -face contact with financial institution personnel. These machines may be located at or within banks, or in other locations. B. Definitions, "B." Banks and Financial Services. Financial institutions including: banks and trust companies credit unions holding (but not primarily operating) companies home loan services lending and thrift institutions mortgage brokers other investment companies securities /commodity contract brokers and dealers security and commodity exchanges vehicle finance (equity) leasing City of San Luis Obispo - Commercial Zoning Revisions Exhibit A - New Land Use Definitions See also, "Automated Teller Machine," above. Bar/Tavern. A business where alcoholic beverages are sold for on -site consumption, which are not part of a larger restaurant. Includes bars, taverns, pubs, and similar establishments where any food service is subordinate to the sale of alcoholic beverages. May also include beer brewing as part of a microbrewery, and other beverage tasting facilities. Does not include adult entertainment businesses. Bed and Breakfast Inn (B &B). A building or group of buildings providing 15 or fewer bedrooms or suites that are rented for overnight lodging, with a common eating area for guests. Does not include room rental, which is separately defined (see ABoarding/Rooming House@). Block Front. Block front means all the properties fronting on one side of a street, between intersecting streets or a street and a railroad, waterway, cul -de -sac, or unsubdivided land. (Ord. 941 - 1 (part), 1982: prior code - 9204.11 (part)) Boarding/Rooming House. A dwelling or part of a dwelling where lodging is furnished for compensation to more than three persons living independently from each other. Meals may also be included. Does not include fraternities, sororities, convents, or monasteries, which are separately defined. Building. 'Building" means any structure used or intended for sheltering or supporting any use or occupancy. (Ord. 941 - 1 (part), 1982: prior code - 9204.11 (part)) Building and Landscape Materials Sales. Retail establishments selling hardware, lumber and other large building materials, where most display and sales occur indoors. Includes paint, wallpaper, glass, fixtures. Includes all these stores selling to the general public, even if contractor sales account for a major proportion of total sales. Establishments primarily selling electrical, plumbing, heating, and air conditioning equipment and supplies are classified in "Wholesaling and Distribution." Business Support Service. An establishment within a building that provides services to other businesses. Examples of these services include: blueprinting computer- related services (rental, repair) copying and quick printing services film processing and photofinishing (retail) mailing and mail box services outdoor advertising services protective services (other than office related) security systems services City of San Luis Obispo - Commercial Zoning Revisions Exhibit A - New Land Use Definitions C. Definitions, "C." Caretaker Dwelling. A permanent residence that is secondary or accessory to the primary use of the property, and used for housing a caretaker employed on the site of any non - residential use where needed for security purposes or to provide 24 -hour care or monitoring of people, plants, animals, equipment, or other conditions on the site. Cemetery, Mausoleum, Columbarium. Interment establishments engaged in subdividing property into cemetery lots and offering burial plots or air space for sale. Includes mausoleum, crematorium, and columbarium operations; and full- service mortuaries and funeral parlors accessory to a cemetery or columbarium. Club, Lodge, Private Meeting Hall. Permanent, headquarters -type and meeting facilities for organizations operating on a membership basis for the promotion of the interests of the members, including facilities for: business associations political organizations civic, social and fraternal orgs. professional membership orgs. labor unions and similar orgs. other membership organizations City of San Luis Obispo: Commercial Zoning Revisions Exhimt A - New Land Use Definitions Commercial Recreation Facility - Indoor. Establishments providing indoor amusement and entertainment services for a fee or admission charge, including: bowling alleys coin - operated amusement arcades electronic game arcades ice skating and roller skating pool and billiard rooms as primary uses This use does not include adult entertainment businesses, or night clubs, which are separately defined. Four or more electronic games or coin - operated amusements in any establishment, or a premises where 50 percent or more of the floor area is occupied by amusement devices, are considered an electronic game arcade as described above, three or less machines are not considered a land use separate from the primary use of the site. Commercial Recreation Facility - Outdoor. Facilities for various outdoor recreational activities, where a fee is charged for use. Examples include: amusement and theme parks fairgrounds go -cart tracks golf driving ranges miniature golf courses roller skating, hockey, skateboarding water slides May also include commercial facilities customarily associated with the above outdoor commercial recreational uses, including bars and restaurants, video game arcades, etc. Construction/Heavy Equipment Sales and Rental. Retail establishments selling or renting construction, farm, or other heavy equipment. Examples include cranes, earth moving equipment, tractors, combines, and other motorized farming equipment, heavy trucks, etc. 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." (Ord. 941 - 1 (part), 1982: prior code - 9204.11 (part) Ord. 1346 (1999 Series)) City of San Luis Obispo - Conunercial Zoning Revisions Exh..,.c A - New Land Use Definitions Convenience Store. A 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. Convent or Monastery. A housing facility where residents are limited to members of a specific religious order. Creek. "Creek" is a waterway or portion of waterway designated as a creek on the Open Space Element Creek Map. A drainage ditch, concrete swale, underground culvert, or storm drain (as indicated on the Creek Map) is not a creek. Creeks located outside the urban reserve line are as designated by the USGS 7.5 Minute series quadrangle maps or San Luis Obispo County data. (Ord. 1225 (1992)) D. Definitions, "D." Day Care. Facilities that provide non - medical care and supervision of adults or minor children for periods of less than 24 hours. These facilities include the following, all of which are required to be licensed by the California State Department of Social Services. 1. Child Day Care Center. Commercial or non - profit child day care facilities designed and approved to accommodate 15 or more children. Includes infant centers, preschools, sick -child centers, and school -age day care facilities. These may be operated in conjunction with a school or church facility, or as an independent land use. 2. Large Family Day Care Home. As provided by Health and Safety Code Section 1596.78, a home that regularly provides care, protection, and supervision for seven to 14 children, inclusive, including children under the age of 10 years who reside in the home, for periods of less than 24 hours per day, while the parents or guardians are away. 3. Small Family Day Care Home. As provided by Health and Safety Code Section 1596.78, a home that provides family day care for eight or fewer children, including children under the age of 10 years who reside in the home. 4. Adult day care facility. A day care facility providing care and supervision for adult clients. Den (or family room, sewing room, loft or studio). "Den" (or "family room," "sewing room," "loft" or "studio ") means a room which is open on at least one side, does not contain a wardrobe, closet or similar facility, and which is not designed for sleeping. (Ord. 941 - 1 (part), 1982: prior code - 9204.11 (part)) Director. "Director" means the Director of the Community Development Department, or someone designated by him to act on his behalf. (Ord. 941 - 1 (part), 1982: prior code - 9204.11 (part)) City of San Luis Obispo: Con..nercial Zoning Revisions Exl,_i A - New Land Use Definitions Dormitory. A building used as group quarters for students, as an accessory use for a college, university, boarding school, or other similar institutional use. Drive - through facility. 'Drive- through facility" means one in which vehicles line up for service at definite spots and where customers are served without leaving their vehicles. (Ord. 941 -1 (part), 1982: prior code - 9204.11 (part)) Dwelling. 'Dwelling" means a building or mobile home on a permanent foundation with provisions for sleeping, cooking and sanitation, and with permanent connections to utilities, providing independent living space. Ord. 1006 - 1 (part), 1984: Ord. 941 - 1 (part), 1982: prior code - 9204.11 (part)) (Ord. 1365 (2000 Series)(part)) E. Definitions, "E." Educational facilities. A. "Adult school," "business school" or "trade school" means a professional, recreational or vocational school providing a continuous program of instruction primarily for adults, as a business. B. "College" means a facility providing a continuous academic program primarily for students 17 years of age or older. C. 'Elementary school" means a facility providing a continuous program of instruction for students generally aged five through 12. D. "High school" means a facility providing a continuous program of instruction for students generally aged 16 through 18. E. "Junior high school" means a facility providing a continuous program of instruction for students generally aged 13 through 15. F. "Nursery school and preschool" see Day Care. (Ord. 1225, 1992 (part)) Electronic game /Electronic game amusement center. 'Electronic game" means a coin - operated machine or device offered to the public as a game or amusement, the object of which is to achieve a high or low score based on the skill of the player. "Electronic game amusement center" means any premises having thereon available four or more electronic games. See also Chapter 5.52, electronic game amusement centers. (Ord. 946 - 3. 1983: prior code - 9204.11 (part)) 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. (Ord. 1365 (2000 Series)(part)) Extended Hour Retail. A business that is open to the public between the hours of 2 a.m., and 6 a.m. City of San Luis Obispo - Connnercial Zoning Revisions Exh—t A - New Land Use Definitions F. Definitions, "F." Festival (or carnival or fair). "Festival" (or "carnival" or "fair ") means a temporary public or commercial gathering where entertainment, food, crafts, and the like are offered for viewing or sale. Gatherings on public property under the sponsorship or control of the city are excluded. (Ord. 941 - 1 (part), 1982: prior code - 9204.11 (Part)) Fitness/Health Facility. Fitness centers, gymnasiums, health and athletic clubs including any of the following: indoor sauna, spa or hot tub facilities; indoor tennis, handball, racquetball, archery and shooting ranges and other indoor sports activities. Floor area ratio. The gross floor area of a building or buildings on a lot divided by the lot area. (Ord. 1365 (2000 Series)(part)) Fraternity house (or sorority house). "Fraternity house" (or "sorority house ") means residence for college or university students who are members of a social or educational association and where such an association holds meetings or gatherings. (Ord. 941 - 1 (part), 1982: prior code - 9204.11 (part)) Front Yard. The area of a residential lot that lies between the street property line and the walls of any residences that face the street. (Ord. 1277, 1995) Fuel Dealer. A retail trade establishment that sells fuel oil, butane, propane and liquefied petroleum gas (LPG), bottled or in bulk, to consumers, as the primary use of the site. Does not include the sale of these fuels as an accessory use to a service station. Furniture/Fixtures Manufacturing, Cabinet Shop. Manufacturers producing: wood and metal household furniture and appliances; bedsprings and mattresses; all types of office furniture and public building furniture and partitions, shelving, lockers and store furniture; and miscellaneous drapery hardware, window blinds and shades. Includes wood and cabinet shops, but not sawmills or planing mills, which are instead included under "Manufacturing - Heavy." Furniture, Furnishings and Appliance Store. A store that primarily sells the following products and related services, that may also provide incidental repair services: computers and computer equipment draperies floor coverings furniture glass and chinaware home appliances home furnishings home sound systems interior decorating materials and services large musical instruments lawn furniture movable spas and hot tubs office furniture other household electrical and gas appliances outdoor furniture refrigerators stoves televisions City of San Luis Obispo: Conmiercial Zoning Revisions Exh —t A - New Land Use Definitions G. Definitions, "G." General Retail. Stores and shops selling many lines of merchandise. Examples of these stores and lines of merchandise include: art galleries, retail artists' supplies auction rooms bicycles (also included under Auto & Vehicle Sales) books cameras and photographic supplies clothing and accessories collectibles (cards, coins, comics, stamps, etc.) department stores drug and discount stores dry goods fabrics and sewing supplies florists and houseplant stores (indoor sales only, outdoor sales are "Building and Landscape Materials Sales ") hobby materials jewelry luggage and leather goods musical instruments, parts and accessories orthopedic supplies religious goods small wares specialty shops sporting goods and equipment stationery toys and games variety store City of San Luis Obispo - Conunercial Zoning Revisions Exh.. t A - New Land Use Definitions Golf Course. Golf courses, and accessory facilities and uses including: clubhouses with bar and restaurant, locker and shower facilities; driving ranges; "pro shops" for on -site sales of golfing equipment; and golf cart storage and sales facilities. Grazing. "Grazing" means the keeping of hoofed animals where food grown on the premises is the principal food of the livestock. (Ord. 941 - 1 (part), 1982: prior code - 9204.11 (part)) Gross floor area. "Gross floor area" means the total area enclosed within a building, including closets, stairways, and utility and mechanical rooms, measured from the exterior face of the walls. (Ord. 941 - 1 (part), 1982: prior code - 9204.11 (part)) Guest house. A separate accessory structure, that is designed, occupied, or intended for occupancy as sleeping and bathing quarters only, that does not contain a refrigerator, cooking appliances, or a kitchen sink, and is intended to be used in conjunction with a primary residence that contains a kitchen. H. Definitions, "H." Heliport. A designated, marked area on the ground or the top of a structure where helicopters may land at any time. 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. (Ord. 1154 - 1 Ex. A (part), 1989) Home Occupation. The conduct of a business within a dwelling unit or residential site, employing only the occupants of the dwelling, with the business activity being subordinate to the residential use of the property. Homeless Shelter. A church, public building, or quasi - public facility that provides emergency or temporary shelter to homeless individuals and/or groups. These accommodations may include temporary lodging, meals, laundry facilities, bathing, counseling, and other basic support services. Hospital. "Hospital" means a facility housing and providing a full range of medical care, including acute care, for patients who require such care on the premises. (Ord. 941 - 1 (part), 1982: prior code - 9204.11 (part)) Hostel. Inexpensive lodging that caters primarily, but not exclusively, to travelers who arrive by bicycle, train, or other non - automotive vehicles. Hotel, Motel. A facility with guest rooms or suites, with or without kitchen facilities, rented to the general public for transient lodging. Hotels typically include a variety of services in addition to lodging; for example, restaurants, meeting facilities, personal services, etc. Also includes accessory guest facilities such as swimming pools, tennis courts, indoor athletic facilities, accessory retail uses, etc. City of San Luis Obispo: Commercial Zoning Revisions Exh,utt A - New Land Use Definitions I. Definitions, "I." Impervious surface. A surface that is incapable of being penetrated by water. Industrial Research and Development (R &D). A facility for scientific research, and the design, development and testing of electrical, electronic, magnetic, optical and computer and telecommunications components in advance of product manufacturing, and the assembly of related products from parts produced off -site, where the manufacturing activity is secondary to the research and development activities. Includes pharmaceutical, chemical and biotechnology research and development. Does not include soils and other materials testing laboratories (see "Laboratories "), or medical laboratories (see "Medical Service - Clinic, Laboratory, Urgent Care "). L. Definitions, "L." Laboratory - Medical, Analytical, Research, Testing. A facility for testing, analysis, and/or research. Examples of this use include medical labs, soils and materials testing labs, and forensic labs. This type of facility is distinguished from Industrial Research and Development in its orientation more toward testing and analysis than product development or prototyping; an Industrial Research and Development facility may typically include this type of lab. The "medical lab" subset of this land use type is oriented more toward specimen analysis and processing than direct blood drawing and specimen collection from patients (see "Medical Service - Clinic, Laboratory, Urgent Care "), but may also include incidental specimen collection. Laundries and Dry Cleaning Plants. Service establishments engaged primarily in high volume laundry and garment services, including: carpet and upholstery cleaners; diaper services; dry cleaning and garment pressing; commercial laundries; linen supply. These facilities may include accessory customer pick -up facilities. These facilities do not include coin - operated laundries or dry cleaning pick -up stores without dry cleaning equipment; see 'Personal Services." Libraries and Museums. Public or quasi - public facilities, examples of which include: aquariums, arboretums, art galleries and exhibitions, botanical gardens, historic sites and exhibits, libraries, museums, planetariums, and zoos. May also include accessory retail uses such as a gift/book shop, restaurant, etc. Live/Work Unit, Work/Live Unit. An integrated housing unit and working space, occupied and utilized by a single household in a structure, either single - family or multi - family, that has been designed or structurally modified to accommodate joint residential occupancy and work activity, and which includes: 1. Complete kitchen space and sanitary facilities in compliance with the City building code; and 2. Working space reserved for and regularly used by one or more occupants of the unit. City of San Luis Obispo - Com..cercial Zoning Revisions Exh..,.c A - New Land Use Definitions The difference between live /work and work/live units is that the "work" component of a live /work unit is secondary to its residential use, and may include only commercial activities and pursuits that are compatible with the character of a quiet residential environment, while the work component of a work/live unit is the primary use, to which the residential component is secondary. Lot. "Lot" means: A. A parcel of real property with a distinct designation delineated on an approved survey map, tract map, or parcel map filed in the Office of the County Recorder and abutting at least one public street; or B. A parcel of real property containing at least the area required for the zone district in which it is located, abutting at least one public street or other access approved by the council, and held under separate ownership from adjoining property. (Ord. 941 - 1 (part), 1982: prior code - 9204.11 (part)) M. Definitions, "M." Maintenance Service, Client Site Services. Base facilities for various businesses that provide services on the premises of their clients. Includes gardening, janitorial, pest control, water and smoke damage recovery, and similar services; and appliance, computer, electronics, elevator, equipment, HVAC, instrument, plumbing, and other maintenance and repair services not operating from a retail establishment that sells the products being maintained or repaired. When these services operate from a retail establishment that sells the products being maintained or repaired, they are instead considered part of the retail use. Does not include office -only facilities with no storage of the equipment and/or vehicles used by the service, which are included under "Office - Production and Administrative." Manufacturing - Heavy. A facility accommodating manufacturing processes that involve and/or produce basic metals, building materials, chemicals, fabricated metals, paper products, machinery, textiles, and/or transportation equipment, where the intensity and/or scale of operations may cause impacts on surrounding land uses or the community. Examples of heavy manufacturing uses include the following. 1. Chemical Product Manufacturing. An establishment that produces or uses basic chemicals, and other establishments creating products predominantly by chemical processes. Examples of these products include: basic chemicals, including acids, alkalies, salts, and organic chemicals; chemical products to be used in further manufacture, including synthetic fibers, plastic materials, dry colors, and pigments; and finished chemical products to be used for ultimate consumption, including drugs /pharmaceuticals, cosmetics, and soaps; or to be used as materials or supplies in other industries including paints, fertilizers, and explosives. Also includes sales and transportation establishments handling the chemicals described above, except as part of retail trade. 2. Concrete, Gypsum, and Plaster Product Manufacturing. An establishment that produces bulk concrete, concrete building block, brick, and/or other types of precast and prefabricated concrete products. Also includes ready -mix City of San Luis Obispo - Conunercial Zoning Revisions Exh..,.c A -,New Land Use Definitions concrete batch plants, lime manufacturing, and the manufacture of gypsum products, including plasterboard. A retail ready -mix concrete operation as an incidental use in conjunction with a building materials outlet is defined under "Building and Landscape Materials Sales." 3. Glass Product Manufacturing. An establishment that manufactures glass and/or glass products by melting silica sand or cullet, including the production of flat glass and other glass products that are pressed, blown, or shaped from glass produced in the same establishment. Artisan and craftsman type operations of a larger scale than home occupations are instead included under (Manufacturing - Light - Handcraft Industries and Small -Scale Manufacturing). 4. Lumber and Wood Product Manufacturing. Manufacturing, processing, and sales involving the milling of forest products to produce rough and finished lumber and other wood materials for use in other manufacturing, craft, or construction processes. Includes the following processes and products: containers, pallets and skids matches (wood) milling operations trusses and structural beams turning and shaping of wood products wholesaling of basic wood products wood product assembly Does not include craft -type shops ( "Handcraft Industries and Small -Scale Manufacturing "); other wood and cabinet shops ( "Furniture and Fixture Manufacturing, Cabinet Shops "); or the entirely indoor retail sale of building materials, construction tools and equipment ( "Building and Landscape Materials Sales "). 5. Machinery Manufacturing. An establishment that makes or processes raw materials into finished machines or parts for machines. Does not include the manufacture of electronics, equipment, or appliances ('Electronics, Equipment, and Appliance Manufacturing "). 6. Metal Products Fabrication, Machine and Welding Shops. An establishment engaged in the production and/or assembly of metal parts, including the production of metal cabinets and enclosures, cans and shipping containers, doors and gates, duct work, forgings and stampings, hardware and tools, plumbing fixtures and products, tanks, towers, and similar products. Examples of these uses include: blacksmith and welding shops plating, stripping, and coating shops sheet metal shops machine shops and boiler shops 7. Motor Vehicles and Transportation Equipment. Manufacturers of equipment for transporting passengers and cargo by land, air and water, City of San Luis Obispo - Con „nercial Zoning Revisions Exh._ A - New Land Use Definitions including motor vehicles, aircraft, spacecraft, ships, boats, railroad and other vehicles such as motorcycles, bicycles and snowmobiles. Includes manufacture of motor vehicle parts and accessories; trailers and campers for attachment to other vehicles; self - contained motor homes; and van conversions. Does not include mobile home and modular home assembly (listed under "Lumber and Wood Products "). 8. Paving and Roofing Materials Manufacturing. The manufacture of various common paving and petroleum -based roofing materials, including bulk asphalt, paving blocks made of asphalt, creosote wood, and various compositions of asphalt and tar. Does not include the manufacture of wood roofing materials (shingles, shakes, etc.) ( "Lumber and Wood Product Manufacturing "). 9. Petroleum Refining and Related Industries. Industrial plants for purifying petroleum, and the compounding of lubricating oils and greases from purchased materials. Also includes oil or gas processing facilities, liquified natural gas (LNG) facilities, the manufacture of petroleum coke and fuel briquettes, tank farms, and terminal facilities for pipelines. Does not include petroleum pipeline surge tanks and pump stations ( "Public Utility Facilities "), or petroleum product distributors ('Petroleum Product Storage and Distribution "). 10. Plastics, other Synthetics, and Rubber Product Manufacturing. The manufacture of rubber products including: tires, rubber footwear, mechanical rubber goods, heels and soles, flooring, and other rubber products from natural, synthetic, or reclaimed rubber. Also includes establishments engaged primarily in manufacturing tires; products from recycled or reclaimed plastics or styrofoam; molding primary plastics for other manufacturers, manufacturing miscellaneous finished plastics products, fiberglass manufacturing, and fiberglass application services. Does not include establishments engaged primarily in recapping and retreading automobile tires ( "Vehicle Services - Major Repair/Body Work "). 11. Primary Metal Industries. An establishment engaged in: the smelting and refining of ferrous and nonferrous metals from ore, pig, or scrap; the rolling, drawing, and alloying of metals; the manufacture of castings, forgings, stampings, extrusions, and other basic metal products; and the manufacturing of nails, spikes, and insulated wire and cable. Also includes merchant blast furnaces and by- product or beehive coke ovens. 12. Pulp and Pulp Product Manufacturing. An establishment that manufactures pulp, paper, or paperboard. Includes pulp, paper, and paperboard mills. Does not include establishments primarily engaged in converting paper or paperboard without manufacturing the paper or paperboard, including envelope manufacturing, converted paper products, paper coating and glazing, paper bags, assembly of paperboard boxes, wallpaper (Manufacturing, Light Manufacturing, Paper Product Manufacturing). City of San Luis Obispo. Commercial Zoning Revisions Exh. -.L A - New Land Use Definitions 13. Stone and Cut Stone Product Manufacturing. An establishment that cuts, shapes, and/or finishes marble, granite, slate, and/or other stone for construction and miscellaneous uses. Does not include establishments engaged primarily in buying or selling partly finished monuments and tombstones (AHandcraft industries, Small -scale Manufacturing @). 14. Structural Clay and Pottery Product Manufacturing. An establishment that produces brick and structural clay products, including pipe, china plumbing fixtures, vitreous china articles, and/or fine earthenware and porcelain products. Does not include artist/craftsman uses (see "Handcraft Industries and Small Scale Manufacturing," "Home Occupations "). 15. Textile and Leather Product Manufacturing. An establishment that converts basic fibers (natural or synthetic) into a product, including yarn or fabric, that can be further manufactured into usable items (AFabric Product Manufacturing @), and industries that transform hides into leather by tanning or curing. Includes: coating, waterproofing, or otherwise treating fabric dressed and dyed furs dying and finishing fiber, yarn, fabric, and knit apparel leather- tanned, curried, and finished manufacture of knit apparel and other finished products from yarn manufacture of felt goods, lace goods, non -woven fabrics and miscellaneous textiles manufacturing of woven fabric, carpets, and rugs from yarn preparation of fiber and subsequent manufacturing of yarn, threads, braids, twine cordage scouring and combing plants upholstery manufacturing yarn and thread mills Manufacturing - Light. A facility accommodating manufacturing processes involving and/or producing: apparel; food and beverage products; electronic, optical, and instrumentation products; ice; jewelry; and musical instruments. Light manufacturing also includes other establishments engaged in the assembly, fabrication, and conversion of already processed raw materials into products, where the operational characteristics of the manufacturing processes and the materials used are unlikely to cause significant impacts on surrounding land uses or the community. Examples of light manufacturing uses include the following. 1. Clothing and Fabric Product Manufacturing. An establishment that assembles clothing, draperies, and/or other products by cutting and sewing purchased textile fabrics, and related materials including leather, rubberized fabrics, plastics and furs. Does not include custom tailors and dressmakers not operating as a factory and not located on the site of a clothing store (see 'Personal Services "). See also, "Manufacturing - Heavy - Textile and Leather Product Manufacturing." City of San Luis Obispo - Commercial Zoning Revisions Exh —, A - New Land Use Definitions 2. Electronics, Equipment, and Appliance Manufacturing. An establishment that manufactures equipment, apparatus, and/or supplies for the generation, storage, transmission, transformation and use of electrical energy, including: appliances such as stoves /ovens, refrigerators, freezers, laundry equipment, fans, vacuum cleaners, sewing machines aviation instruments computers, computer components, peripherals electrical transmission and distribution equipment electronic components and accessories, semiconductors, integrated circuits, related devices electrical welding apparatus lighting and wiring equipment such as lamps and fixtures, wiring devices, vehicle lighting industrial apparatus industrial controls instruments for measurement, testing, analysis and control, associated sensors and accessories miscellaneous electrical machinery, equipment and supplies such as batteries, X -ray apparatus and tubes, electromedical and electrotherapeutic apparatus, electrical equipment for internal combustion engines motors and generators optical instruments and lenses photographic equipment and supplies pre- recorded magnetic tape radio and television receiving equipment such as television and radio sets, phonograph records and surgical, medical and dental instruments, equipment, and supplies surveying and drafting instruments telephone and telegraph apparatus transformers, switch gear and switchboards watches and clocks Does not include testing laboratories (soils, materials testing, etc.) (see 'Business Support Services "), or research and development facilities separate from manufacturing (see "Research and Development "). 3. Food and Beverage Product Manufacturing. Manufacturing establishments producing or processing foods and beverages for human consumption, and certain related products. Examples of these uses include: bottling plants breweries candy, sugar and confectionery products manufacturing catering services separate from stores or restaurants coffee roasting dairy products manufacturing fats and oil product manufacturing fruit and vegetable canning, preserving, related processing grain mill products and by- products meat, poultry, and seafood canning, curing, byproduct processing soft drink production miscellaneous food item preparation from raw products City of San Luis Obispo - Commercial Zoning Revisions Exh.,,.c A - New Land Use Definitions Does not include: bakeries, which are separately defined; or beer brewing as part of a brew pub, bar or restaurant (see "Bar /Tavern," and "Night Club "). 4. Handcraft Industries, Small -Scale Manufacturing. Establishments manufacturing and/or assembling small products primarily by hand, including jewelry, pottery and other ceramics, as well as small glass and metal art and craft products. Also includes manufacturing establishments producing small products not classified in another major manufacturing group, including: brooms and brushes; buttons, costume novelties; jewelry; musical instruments; pens, pencils, and other office and artists' materials; sporting and athletic goods; toys; etc. 5. Paper Product Manufacturing. An establishment that converts pre - manufactured paper or paperboard into boxes, envelopes, paper bags, wallpaper, etc., and/or that coats or glazes pre- manufactured paper. Does not include the manufacturing of pulp, paper, or paperboard (see AManufacturing - Heavy - Pulp and Pulp Product Manufacturing "). Media Production. Fixed -base facilities for motion picture, television, video, sound, computer, and other communications media production. These facilities include the following types. 1. Backlots /outdoor facilities. Outdoor sets, backlots, and other outdoor facilities, including supporting indoor workshops and craft shops. 2. Indoor support facilities. Administrative and technical production support facilities, including administrative and production offices, post - production facilities (editing and sound recording studios, foley stages, etc.), optical and special effects units, film processing laboratories, etc. 3. Soundstages. Warehouse -type facilities providing space for the construction and use of indoor sets, including supporting workshops and craft shops. Does not include location filming. Medical Service - Doctor Office. A facility other than a hospital where medical, dental, mental health, surgical, and/or other personal health care services are provided on an outpatient basis, and that accommodates no more than five licensed primary practitioners (for example, chiropractors, medical doctors, psychiatrists, etc.). Counseling services by other than medical doctors or psychiatrists are included under "Offices - Professional." Does not include sports therapy that provides on -site fitness equipment, which is instead included under "Fitness/Health Facility." City of San Luis Obispo - Cominercial Zoning Revisions Exh,_., A - New Land Use Definitions Medical Service - Clinic, Laboratory, Urgent Care. A facility other than a hospital where medical, mental health, surgical and other personal health services are provided on an outpatient basis. Examples of these uses include: medical and dental laboratories medical offices with six or more licensed practitioners and/or medical specialties out - patient care facilities urgent care facilities other allied health services Counseling services by other than medical doctors or psychiatrists are included under "Offices - Professional." Medical Service - Extended Care. Residential facilities providing nursing and health - related care as a primary use with in- patient beds. Examples of these uses include: board and care homes; convalescent and rest homes; extended care facilities; and skilled nursing facilities. Long -term personal care facilities that do not emphasize medical treatment are included under 'Residential Care." Medical Service - Hospital. Hospitals and similar facilities engaged primarily in providing diagnostic services, and extensive medical treatment, including surgical and other hospital services. These establishments have an organized medical staff, inpatient beds, and equipment and facilities to provide complete health care. May include on -site accessory clinics and laboratories, accessory retail uses and emergency heliports (see the separate definition of "Accessory Retail and Services "). Mixed Use Project. A project that combines both commercial and residential uses, where the residential component is typically located above or behind the commercial. Mobile Home, RV, and Boat Sales. Retail establishments selling both mobile home dwelling units, and/or various vehicles and watercraft for recreational uses. Includes the sales of boats, campers and camper shells, jet skis, mobile homes, motor homes, and travel trailers. Mortuaries and Funeral Homes. Funeral homes and parlors, where deceased are prepared for burial or cremation, funeral services may be conducted, and cremation may occur. Multi - Family Dwelling. A dwelling unit that is part of a structure containing one or more other dwelling units, or a non - residential use. An example of the latter is a mixed -use project where, for example, one or more dwelling units are part of a structure that also contains one or more commercial uses (retail, office, etc.). Multi- family dwellings include: duplexes, triplexes, fourplexes (buildings under one ownership with two, three or four dwelling units, respectively, in the same structure); apartments (five or more units under one ownership in a single building); and townhouse development (three or more attached dwellings where no unit is located over another unit). Does not include secondary units, which are defined in Chapter 17.21. City of San Luis Obispo - Commercial Zoning Revisions Exlh .a A - New Land Use Definitions N. Definitions, "N." Night Club. A facility providing entertainment, examples of which include live music and/or dancing, comedy, etc., which may also serve alcoholic beverages for on -site consumption. O. Definitions, "O." Office. These Zoning Regulations distinguish between the following types of offices. These do not include medical offices (see "Medical Service - Clinic, Laboratory, Urgent Care," and "Medical Service - Doctor Office. ") 1. Accessory. An office facility that is incidental and accessory to another business or sales activity that is the primary use. 2. Business and Service. An establishment providing direct services to consumers. Examples of these uses include: employment agencies insurance agent offices (small -scale customer service offices, not administrative, see item 5. below) real estate offices travel agencies utility company payment offices (not administrative, see item 5. below) This use does not include Banks and Financial Services, which are separately defined. 3. Government. Administrative, clerical, or public contact and/or service offices of a city, other local, state, or federal government agency or service facilities. Includes post offices, but not bulk mailing distribution centers, which are under "Truck and Freight Terminals." 4. Processing. An office -type facility characterized by high employee density, with little or no public visitation, and occupied by a business engaged in information processing, or other computer- dependent and/or telecommunications -based activities. Examples of these uses include: airline, lodging chain, and rental car company reservation centers computer software and hardware design and development consumer credit reporting data processing services health management organization (HMO) offices where no medical services are provided insurance claim processing mail order and electronic commerce transaction processing telecommunications facility design and management telemarketing City of San Luis Obispo - Commercial Zoning Revisions Exhiuit A - New Land Use Definitions 5. Production and administrative. An office -type facility used for administrative purposes, and/or occupied by a business engaged in the production of intellectual property. Examples of these uses include: advertising agencies commercial art and design services construction contractors (office facilities only) design services including architecture, engineering, landscape architecture, urban planning educational, scientific and research organizations media postproduction services news services photography studios utility company administrative offices writers and artists offices 6. Professional. An office -type facility occupied by a business providing professional services. Examples of these uses include: accounting, auditing and bookkeeping services attorneys counseling services court reporting services detective agencies and similar services financial management and investment counseling literary and talent agencies management and public relations services psychologists secretarial, stenographic, word processing, and temporary clerical employee services security and commodity brokers 7. Temporary. A mobile home, recreational vehicle or modular unit used as a temporary office facility. Temporary Offices may include: construction supervision offices on a construction site or off -site construction yard; a temporary on -site real estate office for a development project; or a temporary business office in advance of permanent facility construction. 8. Temporary Real Estate. The temporary use of a dwelling unit within a residential development project as a sales office for the units on the same site, which is converted to residential use at the conclusion of its office use. Office- Supporting Retail. A retail store that carries one or more types of merchandise that will typically be of frequent interest to and/or needed by the various businesses listed under the definition of "Office," and/or the employees of those businesses. Examples of these types of merchandise include: Computer equipment Office supplies, stationery News stands City of San Luis Obispo. Commercial Zoning Revisions Exhibit A - New Land Use Definitions Photographic supplies and cameras Outdoor sales. "Outdoor sales" means the sale of items regularly stored or displayed outside a building, where such items are visible from a public right -or -way or neighboring property. (Ord. 941 - 1 (part), 1982: prior code - 9204.11 (part)) Overlay zone. "Overlay zone" means a zone applied in combination with other zone districts in order to impose additional restrictions or to allow greater variety than is possible with the underlying zone. (Ord. 941 - 1 (part), 1982: prior code - 9204.11 (Part)) P. Definitions, "P." Parking Facility. A surface parking lot or parking structure that is a primary use of a site. Park, Playground. Public parks, play lots, and playgrounds, providing non- commercial facilities for active and/or passive recreation for neighborhood or community use. These facilities may also include any listed under the definition of ASports and Active Recreation Facility.@ Personal Services. Establishments providing non - medical services to individuals as a primary use. Examples of these uses include: barber and beauty shops massage (licensed, therapeutic, clothing rental non- sexual) dry cleaning pick -up stores with shoe repair shops limited equipment tailors home electronics and small appliance tanning salons repair laundromats (self- service laundries) These uses may also include accessory retail sales of products related to the services provided. Personal Services - Restricted. Personal services that may tend to have a blighting and/or deteriorating effect upon surrounding areas and which may need to be dispersed to minimize their adverse impacts. Examples of these uses include: check cashing fortune tellers, psychics palm and card readers tattoo and body piercing services Photo and Film Processing Lab. A facility that provides high volume and/or custom processing services for photographic negative film, transparencies, and/or prints, where the processed products are delivered to off -site retail outlets for customer pick -up. Does not include: small -scale photo processing machines accessory to other retail businesses, which are allowed as part of those businesses; or City of San Luis Obispo - Commercial Zoning Revisions Exhiprt A - New Land Use Definitions small -scale retail photofinishing services that provide over - the - counter processing services to individual customers, which are included in the definition of "Business Support Services." Printing and Publishing. Establishments engaged in printing by letterpress, lithography, gravure, screen, offset, or electrostatic (xerographic) copying; and other establishments serving the printing trade such as bookbinding, typesetting, engraving, photoengraving and electrotyping. This use also includes establishments that publish newspapers, books and periodicals; establishments manufacturing business forms and binding devices. "Quick printing" services are included in the definition of "Business Support Services." Private club (or lodge). "Private club" (or "lodge ") means a premises accommodating bona fide members and their guests only, for social, cultural or educational activities, and only incidentally used for gatherings of other than the club's members. (Ord. 941 - 1 (part), 1982: prior code - 9204.11 (part)) Public Assembly Facility. An indoor facility for public assembly and group entertainment, other than sporting events. Examples of these facilities include: community centers exhibition and convention halls public and semi- public auditoriums similar public assembly uses Public Safety Facility. Facilities operated by public agencies including fire stations, other fire prevention and fire fighting facilities, police and sheriff substations and headquarters, including interim incarceration facilities. Public Utility Facility. Fixed -base structures and facilities serving as junction points for transferring electric utility services from one transmission voltage to another or to local distribution and service voltages, and similar facilities for water supply and natural gas distribution. This use type may also include administrative and customer service offices (also included under "Offices "), and includes any of the following that are not exempted from land use permit requirements by Government Code Section 53091: corporation and maintenance yards. electrical substations and switching stations natural gas regulating and distribution facilities public water system wells, treatment plants and storage telephone switching facilities wastewater treatment plants, settling ponds and disposal fields R. Definitions, "R." Recreational vehicle. Any trailer, camper, motor home or other vehicle designed and intended for traveling and recreational purposes. City of San Luis Obispo - Commercial Zoning Revisions Exhimt A - New Land Use Definitions Recycling Facilities. This land use type includes a variety of facilities involved with the collection, sorting and processing of recyclable materials. 1. Collection facility. A center where the public may donate, redeem or sell recyclable materials, which may include the following, where allowed by the applicable zoning district: a. Reverse vending machines; b. Small collection facilities which occupy an area of 350 square feet or less and may include: (1) A mobile unit; (2) Bulk reverse vending machines or a grouping of reverse vending machines occupying more than 50 square feet; and (3) Kiosk -type units which may include permanent structures. c. Large collection facilities which occupy an area of more than 350 square feet and/or include permanent structures. 2. Mobile recycling unit. An automobile, truck, trailer, or van used for the collection of recyclable materials, carrying bins, boxes, or other containers. 3. Processing facility. A structure or enclosed space used for the collection and processing of recyclable materials for shipment, or to an end - user's specifications, by such means as baling, briquetting, cleaning, compacting, crushing, flattening, grinding, mechanical sorting, re- manufacturing and shredding. Processing facilities include the following types, both of which are included under the definition of "Scrap and Dismantling Yards," below: a. Light processing facility occupies an area of under 45,000 square feet of collection, processing and storage area, and averages two outbound truck shipments each day. Light processing facilities are limited to baling, briquetting, compacting, crushing, grinding, shredding and sorting of source separated recyclable materials sufficient to qualify as a certified processing facility. A light processing facility shall not shred, compact, or bale ferrous metals other than food and beverage containers; and b. A heavy processing facility is any processing facility other than a light processing facility. 4. Recycling facility. A center for the collection and/or processing of recyclable materials. A "certified" recycling or processing facility is certified by the California Department of Conservation as meeting the requirements of the California Beverage Container Recycling and Litter Reduction Act of 986. A recycling facility does not include storage containers located on a residentially, commercially or industrially designated site used solely for the recycling of material generated on the site. See "Collection Facility" above. City of San Luis Obispo - Commercial Zoning Revisions Exhiva A - New Land Use Definitions 5. Recycling or recyclable material. Reusable domestic containers and other materials which can be reconstituted, re- manufactured, or reused in an altered form, including glass, metals, paper and plastic. Recyclable material does not include refuse or hazardous materials. 6. Reverse vending machine. An automated mechanical device which accepts at least one or more types of empty beverage containers and issues a cash refund or a redeemable credit slip with a value not less than the container's redemption value, as determined by State law. These vending machines may accept aluminum cans, glass and plastic bottles, and other containers. A bulk reverse vending machine is a reverse vending machine that is larger than 50 square feet, is designed to accept more than one container at a time, and issues a cash refund based on total weight instead of by container. 7. Scrap and dismantling yards. Outdoor establishments primarily engaged in assembling, breaking up, sorting, and the temporary storage and distribution of recyclable or reusable scrap and waste materials, including auto wreckers engaged in dismantling automobiles for scrap, and the incidental wholesale or retail sales of parts from those vehicles. Includes light and heavy processing facilities for recycling (see the definitions above). Does not include: places where these activities are conducted entirely within buildings; pawn shops, and other secondhand stores; the sale of operative used cars; or landfills or other waste disposal sites. Religious Facility. Facilities operated by religious organizations for worship, or the promotion of religious activities, including churches, mosques, synagogues, temples, etc.; and accessory uses on the same site, including living quarters for ministers and staff, child day care facilities and religious schools where authorized by the same type of land use permit required for the religious facility itself. May also include fund - raising sales, bazaars, dinners, parties, or other outdoor events on the same site. Other establishments maintained by religious organizations, including full -time educational institutions, hospitals and other related operations, are classified according to their respective activities. 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. Residential Support Services. An establishment with a gross floor area no greater than 3,000 square feet that provides services to residences and residential home offices. Examples of these services include: computer - related services (rental, repair) copying and quick printing services mailing and mail box services City of San Luis Obispo - Commercial Zoning Revisions Exhiu,t A - New Land Use Definitions 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. (Ord. 941 - 1(part), 1982: prior code 9204.11 (part) Ord. 1346 (1999 Series) Residential Care. A single dwelling unit or multiple -unit facility licensed or supervised by any Federal, State, or local health /welfare agency that provides 24- hour non - medical care of unrelated persons who are handicapped and in need of personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of the individual in a family -like environment. Restaurant. A retail business selling ready -to -eat food for on- or off - premise consumption. These include eating establishments where customers are served from a walk -up ordering counter for either on- or off - premise consumption, establishments where most customers are served food at tables for on- premise consumption, but may also provide food for take -out, and establishments that provide food for off - premise consumption only. Includes coffee houses, donut shops, delicatessens, etc. Does not include restaurants with drive- through ordering or service. Riparian Vegetation. "Riparian vegetation" means those herbaceous plants, shrubs, and trees which are naturally associated with stream side environments, and with roots and branches extending in or over a creek channel. (A list of riparian vegetation is available at the Community Development Department.) S. Definitions, "S." School. Public and private educational institutions, including: boarding schools business, secretarial, and vocational schools community colleges, colleges and universities elementary, middle, and junior high schools establishments providing courses by mail high schools military academies professional schools (law, medicine, etc.) seminaries /religious ministry training facilities Also includes specialized schools offering instruction in the following: art driver education ballet and other dance language computers and electronics music drama City of San Luis Obispo - Commercial Zoning Revisions Exhunt A - New Land Use Definitions Also includes facilities, institutions and conference centers that offer specialized programs in personal growth and development, such as arts, environmental awareness, communications, and management. Does not include pre- schools and child day care facilities (see "Child Day Care Facilities "). See also the definition of "Studios - Art, Dance, Music, Photography, etc." for smaller -scale facilities offering specialized instruction. Service Station. Any business where motor fuel is offered for retail sale, whether or not in conjunction with any other use(s). Service station includes the sale and installation of tires, batteries and automotive accessories; lubrications; and the testing, adjustment and repair of motor parts, brakes, tires and accessories. May also include accessory sales of fuel oil, butane, propane, and liquified petroleum gas (LPG). Service station does not include: steam cleaning, mechanical car washing, tire recapping, body or chassis repair or painting, which are instead included under "Vehicle Services;" or the sale, rental or storage of motor vehicles, trailers or other equipment, which are included under "Auto and Vehicle Sales/Rental. ". Setback line. "Setback line" means an officially adopted line determining the extent of a future street or other public right -of -way. (Ord. 941 - 1 (part), 1982: prior code - 9204.11 (part)) Shopping center. "Shopping center" means a development consisting of at least five separate establishments with a minimum area of 50,000 square feet, a site with a minimum of 300 feet of frontage and shared common drives and off - street parking. (Ord. 1103 - 1 A(2), 1987: Ord. 1008 - 1, 1984) Single - Family Dwelling. A building designed for and/or occupied exclusively by one family. Also includes factory - built, modular housing units, constructed in compliance with the Uniform Building Code (UBC), and mobile homes /manufactured housing units that comply with the National Manufactured Housing Construction and Safety Standards Act of 1974, placed on permanent foundations. Social Service Organization. A public or quasi - public establishment providing social and/or rehabilitation services, examples of which include counseling centers, employment agencies, job counseling and training centers, vocational rehabilitation agencies, and welfare offices. These organizations serve the unemployed, persons with social or personal problems, persons requiring special services, the handicapped, or otherwise disadvantaged. Includes organizations soliciting funds to be used directly for these and related services, and establishments engaged in community improvement and neighborhood development. Does not include day -care services, homeless shelters, or residential care, which are separately defined. Specific plan. "Specific plan" means a plan for a designated area within the city, based on the general plan, but containing more detailed regulations and programs as provided in Section 65450 and following of the California Government Code. (Ord. 941 - 1 (part), 1982: prior code - 9204.11 (part)) City of San Luis Obispo: Corn..,ercial Zoning Revisions Exh —, A - New Land Use Definitions Sports and Entertainment Assembly. A large -scale indoor or outdoor facility accommodating spectator- oriented sports, concerts, and other entertainment activities. Examples of this land use include amphitheaters, race tracks, stadiums and coliseums. May also include commercial facilities customarily associated with the above uses, including bars and restaurants, gift shops, video game arcades, etc. Sports and Active Recreation Facility. Public and private facilities for various outdoor sports and other types of recreation, where the facilities are oriented more toward participants than spectators. Examples include: athletic /sport fields (e.g., baseball, football, softball, soccer) health and athletic club outdoor facilities skateboard parks swimming pools tennis and other sport courts (e.g., handball, squash) Does not include golf courses, which are separately defined. Storage - Accessory. The storage of materials accessory and incidental to a primary use is not considered a land use separate from the primary use. Storage - Personal Storage Facility. Structures containing generally small, individual, compartmentalized stalls or lockers rented as individual storage spaces and characterized by low parking demand. Storage Yard. The storage of various materials outside of a structure other than fencing, either as an accessory or principal use. Street. "Street" means a public right -of -way providing vehicular access to abutting property. (Ord. 941 - 1 (part), 1982: prior code - 9204.11 (part)) Structure. "Structure" means anything assembled or constructed on the ground, or attached to anything with a foundation on the ground. (Ord. 941 - 1 (part), 1982: prior code - 9204.11 (part)) Studio apartment. "Studio apartment" means a one -room dwelling unit with not more than 450 square feet of gross floor area, designed for occupancy by not more than two people. The floor area in a loft is included as part of the gross floor area calculation. (Ord. 1085 - 1 Ex. A (part), 1987: Ord. 941 - 1 (part), 1982: prior code - 9204.11 (part)) Studio - Art, Dance, Martial Arts, Music, etc. Small scale facilities, typically accommodating one group of students at a time, in no more than one instructional space. Larger facilities are included under the definition of "Schools - Specialized education and training." Examples of these facilities include: individual and group instruction and training in the arts; production rehearsal; photography, and the processing of photographs produced only by users of the studio facilities; martial arts training studios; gymnastics instruction, and aerobics and gymnastics studios with no other fitness facilities or equipment. City of San Luis Obispo - Conunercial Zoning Revisions Exh,�.c A - New Land Use Definitions T. Definitions, "T." Theater. An indoor facility for public assembly and group entertainment, other than sporting events. Examples of these facilities include: civic theaters, and facilities for "live" theater and concerts movie theaters See also "Public Assembly Facility," and "Sports and Entertainment Assembly." Top of bank. "Top of bank" means the line where the naturally eroded ground slope, or the slope resulting from a creek alteration, flattens to conform with the ground which has not been cut by water flow within the creek channel. If the bank is terraced, the top of bank is the highest step. Truck or Freight Terminal. A transportation facility furnishing services incidental to air, motor freight, and rail transportation. Examples of these facilities include: delivery and courier services freight forwarding services freight terminal facilities joint terminal and service facilities overnight mail processing facilities packing, crating, inspection and weighing services postal service bulk mailing distribution centers transportation arrangement services trucking facilities, including transfer and storage U. Definitions, "U." Use. "Use" means the activity for which land or buildings are designed, occupied or maintained. (Ord. 941 - 1 (part), 1982: prior code - 9204.11 (part)) Utility Infrastructure. Pipelines for water, natural gas, and sewage collection and disposal; and facilities for the transmission of electrical energy for sale, including transmission lines for a public utility company. Also includes telephone, telegraph, cable television and other communications transmission facilities utilizing direct physical conduits. Does not include offices or service centers (see "Offices - Business and Service "), or distribution substations (see "Public Utility Facilty"). V. Definitions, "V." Vehicle Services - Auto Repair and Service. The repair, servicing, alteration, restoration, towing, painting, cleaning (including self- service and attended car washes), or finishing of automobiles, trucks, recreational vehicles, boats and other vehicles as a primary use, including the incidental wholesale and retail sale of vehicle parts as an accessory use. This use includes the following categories. City of San Luis Obispo - Con„uercial Zoning Revisions Exh..,.t A - New Land Use Definitions 1. Major Repair/Body Work. Repair facilities dealing with entire vehicles. These establishments provide towing, collision repair, other body work, and painting services; and also include tire recapping establishments. 2. Minor Maintenance/Repair. Minor facilities specialize in limited aspects of repair and maintenance (e.g., muffler and radiator shops, quick -lube, etc.). Does not include automobile parking (see 'Parking Facilities "), repair shops that are part of a vehicle dealership on the same site (see "Vehicle Sales/Rental," and "Mobile Home, Recreational Vehicle and Boat Sales and Rental "); gas stations, which are separately defined; or dismantling yards, which are included under "Recycling - Scrap and Dismantling Yards." Veterinary Clinics, Animal Hospitals, Kennels. Office and indoor medical treatment facilities used by veterinarians, including large and small animal veterinary clinics, and animal hospitals. Kennels and boarding operations are commercial facilities for the keeping, boarding or maintaining of four or more dogs four months of age or older, or four or more cats, except for dogs or cats in pet shops. W. Definitions, "W." Warehouse Store. A retail store that emphasizes the packaging and sale of products in large quantities or volumes, some at discounted prices, where products are typically displayed in their original shipping containers. Sites and buildings are usually large and industrial in character. Patrons may be required to pay membership fees. Warehouses, Wholesaling and Distribution. These facilities include: 1. Warehouses. Facilities for the storage of furniture, household goods, or other commercial goods of any nature, including moving company warehouses. Includes cold storage, and moving companies. Does not include: warehouse, storage or mini- storage facilities offered for rent or lease to the general public (see "Storage, Personal Storage Facilities "); warehouse facilities in which the primary purpose of storage is for wholesaling and distribution (see "Wholesaling and Distribution "); or terminal facilities for handling freight (see "Truck and Freight Terminals "). City of San Luis Obispo - Conunercial Zoning Revisions Exnwit A - New Land Use Definitions 2. Wholesaling and Distribution. Establishments engaged in selling merchandise to retailers; to contractors, industrial, commercial, institutional, farm, or professional business users; to other wholesalers; or acting as agents or brokers in buying merchandise for or selling merchandise to such persons or companies. Examples of these establishments include: agents, merchandise or commodity brokers, and commission merchants assemblers, buyers and associations engaged in the cooperative marketing of farm products merchant wholesalers stores primarily selling electrical, plumbing, heating and air conditioning supplies and equipment. Also includes storage, processing, packaging, and shipping facilities for mail order and e- commerce retail establishments. Work/Live Unit. See "Live/Work Unit, Work/Live Unit." Z. Definitions, "Z." Zone (or district or zone district). "Zone" (or "district" or "zone district ") means an area of the city delineated on the official zoning map, designated by name or abbreviation as provided in the regulations codified in this division. (Ord. 941 - 1 (part), 1982: prior code - 9204.11 (part)) City of San Luis Obispo - Commercial Zoning Revisions Exhibit B - Complete Table 9 TABLE 9 - USES ALLOWED BY ZONE an Use Permit Requirement by Zoning District specitic use !. Regulatwns AG CIOS R1 R2 R3 R4 PF O.(t) C -N '.0 -C C D C -R C -T C -S M gp AGRICULTURE Crop production and grazing A I A A A D D Greenhouse, commercial PC PC Livestock feed lot PC PC INDUSTRY, MANUFACTURING & PROCESSING, WHOLESALING Furniture and fixtures manufacturing, cabinet shop D PC PC A A A D A Industrial research and development PC PC PC PC PC PC PC PC PC PC D D(10) Laboratory - Medical, analytical, research, testing PC PC PC A A A A A A Laundry, dry cleaning plant A A A A A Recreational vehicle (RV) park accessory to hotel, motel Manufacturing - Heavy PC PC PC Manufacturing - Light D A A Petroleum product storage and distribution D Photo and film processing lab A A Printing and publishing A A A(10) Recycling facilities - Collection and processing facility D Recycling facilities - Scrap and dismantling yard D Recycling facilities - Small collection facility D D D A Storage yard D A Warehousing, indoor storage A A C(10) Wholesaling and distribution A A C(10) LODGING Bed and breakfast inn D PC PC A A A Homeless shelter PC PC PC PC PC PC PC PC PC PC PC Hostel PC PC A A A Hotel, motel A A A PC(10) Recreational vehicle (RV) park accessory to hotel, motel PC Key: A = Allowed D = Director's approval required PC = Planning Commission approval required A/D = Director's approval on ground floor, allowed on second floor or above Note: Footnotes affecting speific land uses follow the table. City of San Luis Obispo - Commercial Zoning Revisions Exhibit B - Complete Table 9 TABLE 9 - USES ALLOWED BY ZONE - Continued Land Use Permit Regwrement by Zoning District Specific use:: Regulations AG CLOS Ri R2 R3 R4 PF O (1) C N' C C C D C R C T G S M gp RECREATION, EDUCATION, & PUBLIC ASSEMBLY USES Bar /tavern PC D D D D D D D Chapter 17.20 Club, lodge, private meeting hall A A A A D D A A A D A/D D D D A D Commercial recreation facility - Indoor PC A A PC D D D D PC D(10) 17.08.060 Commercial recreation facility - Outdoor PC PC PC PC Educational conferences D D D D D D 17.08.010.C.6 Fitness/health facility H H H H H H D H A D D PC A A D(10) 17.08.090 Golf Course PC A A A A 17.08.120 Library, museum PC A D D D D A PC PC 17.08.072 Library, branch facility A A A A A A A D D D D Night club A A A A D D D D D D Chapter 5.40 Park, playground D D A A A A D D A A A Public assembly facility A A A A A A PC A A/D D D D D PC Religious facility A A PC D D D D A D D D A D(7) D(7) D(7) School - Boarding school, elementary, middle, secondary A A A(2) A PC PC D D D School - College, university campus PC D D 17.08.120 School - College, university - Satellite classroom facility School - Elementary, middle, secondary PC PC D D PC D School - Specialized education/training PC A/D A/D A A A Special event D D D D D D D D D 17.08.010 Sports and active recreation facility PC PC PC PC Sports and entertainment assembly facility PC PC Studio - Art, dance, martial arts, music, etc. A/D A/D A PC A Theater PC(8) D D D D(10) Chapter 5.40 Theater - Drive -in PC PC RESIDENTIAL USES Boarding/rooming house, dormatory PC D D D Chapter 17.20 Caretaker quarters A A A A A A A A A A A A A A A D Convents and monasteries PC A A D Fraternity, sorority PC PC High occupancy residential use D D Home occupation H H H H H H H H H H H H H H 17.08.090 Live /work units A A A A 17.08.120 Mixed -use project A A A A A A PC PC 17.08.072 Mobile home as temporary residence at building site A A A A A A A A Mobile home park A A A A Multi- family dwellings A A A D D D Residential care facilities - 6 or fewer residents A A A A A A A A/D A/D A/D D Residential care facilities - 7 or more residents A A A A A A D A/D A/D D Single- family dwellings A A A(2) A A A D D D Work/live units D D 17.08.120 Key: A = Allowed D = Director's approval required PC = Planning Commission approval required A/D = Director's approval on ground floor, allowed on second floor or above H = Home Occupation Permit required Note: Footnotes affecting speific land uses follow the table. City of San Luis Obispo - Commercial Zoning Revisions Exhibit B - Complete Table 9 TABLE 9 - USES ALLOWED BY ZONE - Continued Lantl Use Permit Requirement by Zoning D.strtct Specific use Regulations AG C/0S R1 R2 R3 RG PF O (1) C N .', G G G -:D C R C T CS M gp RETAIL SALES Auto and vehicle sales and rental D A PC Auto parts sales, with installation D(5) A A Auto parts sales, without installation A D A A A Building and landscape materials sales, indoor A A A A A Building and landscape materials sales, outoor D D A A A Concurrent Sales of alcoholic beverages and motor fuel D D D D Construction and heavy equipment sales and rental D D Convenience store D D D A A A A A I D D D(10) 17.08.095 Extended hour retail D D D D D D D D Farm supply and feed store PC A A Fuel dealer (propane, etc) D A Furniture, furnishings, and appliance stores A A A A General retail - 2,000 sf or less A(3) A A A A General retail - More than 2,000 sf, up to 15,000 sf D(3) D A A General retail - More than 15,000 sf, up to 45,000 sf D A A D General retail - More than 45,000 sf, up to 60,000 sf D A A General retail - More than 60,000 sf, up to 140,000 sf PC PC PC Groceries, liquor, specialty foods A(11) A A A PC Mobile home, RV, and boat sales A PC Office - supporting retail, 2,000 sf or less A A A A A D(10) Office - supporting retail, More than 2,000, up to 5,000 sf D D A A I I D(10) Outdoor temporary and/or seasonal sales See Section 17.08.020 17.08.020 Produce stand D D A A A A Restaurant A A A A A D D Service station (see also "vehicle services ") D D D I D I A 17.08.030 Vending machine See Section 17.08.020 17.08.020 Warehouse stores - 45,000 sf or less gfa D D D Warehouse stores - more than 45,000 sf gfa PC PC PC Key: A = Allowed D = Director's approval required PC = Planning Commission approval required A/D = Director's approval on ground floor, allowed on second floor or above Note: Footnotes affecting speific land uses follow the table. City of San Luis Obispo - Commercial Zoning Revisions Exhibit B - Complete Table 9 TABLE 9 - USES ALLOWED BY ZONE - Continued LanCl Use Permit Requirement by Zoning Dlstrtct Specific Regulations AG GDS R1 R2 R3 R4 PF O(1) G N C-C C D G R' C T C S M gp SERVICES - BUSINESS, FINANCIAL & PROFESSIONAL ATMs A A A A A A A A A Banks and financial services PC PC PC PC PC PC A A A A PC D(4) D(4) D(10) Business support services A A A A/D A A A A Medical service - Clinic, laboratory, urgent care D(9) D(9) D(9) D(9) D(9) D A D D A D(9) D(9) D(9) D(10) 17.08.100 Medical service - Doctor office A A A A A A A A A/D A/D A A 17.08.100 Medical service - Extended care PC PC D PC PC D A A D(10) Medical service - Hospital PC PC D D Office - Accessory A A A A A A A A 17.01.110 Office - Business and service A A A/D A A A D Office - Government D PC A A D P Office - Processing D A A D D D D(4) D(4) A Office - Production and administrative A A/D A/D A D(4) D(4) A Office - Professional PC A A/D A/D A PC(10) D(10) Office - Temporary See Section 17.08.010.0 Photographer, photographic studio I I I A A/D A PC A PC SERVICES - GENERAL Catering service D D A D A A Cemetery, mausoleum, columbarium PC PC PC PC PC PC PC PC PC PC Copying and Quick Printer Service A A A A A A A A Day care - Day care center D(9) D(9) D(9) D(9) D(9) A A A A/D A D(9) D(9) D(9) D(10) 17.08.100 Day care - Family day care home A A A A A A A A A A A A 17.08.100 Equipment rental A A D(10) Food bank/packaged food distribution center D D Homeless shelter PC PC PC PC PC PC PC PC 17.01.110 Maintenance service, client site services A A PC Mortuary, funeral home D D A D Personal services A A A A D A D(10) Personal services - Restricted D D Public safety facilities PC PC(10) Public utility facilities PC A A 17.08.080 Repair service - Equipment, large appliances, etc. A A D(10) Residential Support Services A A A A Social service organization D A A A A D Vehicle services - Repair and maintenance - Major I A A D Vehicle services - Repair and maintenance - Minor PC D A A D Vehicle services - Carwash D D PC D D Veterinary cliniGhospital, boarding, large animal PC PC D D Veterinary clinic/hospital, boarding, small animal, indoor D A A/D A A Veterinary cliniGhospital, boarding, small animal, outdoor D Key: A = Allowed D = Directors approval required PC = Planning Commission approval required A/D = Director's approval on ground floor, allowed on second floor or above Note: Footnotes affecting speific land uses follow the table. City of San Luis Obispo - Commercial Zoning Revisions Exhibit B - Complete Table 9 TABLE 9 - USES ALLOWED BY ZONE - Continued L00 Se Permit Requirement by Zoning District Specific us e', Regulations AG C /.QS R1 R2 R3 R4 . PF O (11 C -N ! C -C C -D GR' C -T GrS M gp TRANSPORTATION & COMMUNICATIONS Airport PC PC PC D Ambulance, taxi, and/or limousine dispatch facility A D D(10) Antennas and telecommunications facilities PC PC PC PC PC PC PC PC D D D 17.16.120 Broadcast studio A A/D A A A A Heliport PC PC PC Parking facility PC(6) PC(6) PC(6) D(6) D(6) D(6) Parking facility - Multi -level PC(6) PC(6) PC(6) PC(6) PC(6) PC(6)1 I Parking facility - Temporary PC D D D D D D D D 17.08.010 Railroad facilities D A Transit station or terminal PC PC PC D A Transit stop A A A A A A A A Truck or freight terminal A A D Water and wastewater treatment plants and services PC PC Key: A = Allowed D = Director's approval required PC = Planning Commission approval required AID = Director's approval on ground floor, allowed on second floor or above Note: Footnotes affecting speific land uses follow the table. Exhibit C Planned Development Overlay Zone CHAPTER 17.50: PLANNED DEVELOPMENT (PD) OVERLAY ZONE Sections: 17.50.010 - Purpose 17.50.020 - Applicability 17.50.030 - Decision and Findings 17.50.010 - Purpose The PD overlay zone is intended to provide for flexibility in the application of zoning standards to proposed development. The purpose is to allow consideration of innovation in site planning and other aspects of project design, and more effective design responses to site features, land uses on adjoining properties, and environmental impacts, than the development standards of the underlying zone would produce without adjustment. The City expects each planned development project to be of significantly higher design quality, including more effective and attractive pedestrian orientation, environmental sensitivity, energy efficiency, and the more efficient use of resources, than would be achieved through conventional design practices and standards. 17.50.020 - Applicability A. Timing of rezoning. PD rezoning shall occur simultaneously with the approval of a specific project through the Planned Development process (Chapter 17.62). B. Where allowed. The PD zone may be applied to any parcel within the CN, CC, CD, CR, CT, CS, and M zones; and in any other zone, to any parcel or contiguous parcels of at least one acre. C. General Plan compliance. The preparation, review, and approval of a PD overlay zone shall require strict compliance with the General Plan and any applicable specific plan. D. Relationship of PD overlay to primary zoning district. 1. Allowable land uses. Any use or combination of uses allowed by Section 17.22.010 (Uses Allowed by Zones) within the underlying zoning district may be established within the PD overlay zone, subject to any additional limitations on specific land uses provided by the overlay as adopted. No PD overlay shall allow a land use that is not allowed in the primary zoning district, or by the General Plan or any applicable specific plan. Exhibit C — Planned Development Overlay Zone 2. Planning permit requirements. Development and new uses within the PD overlay district shall obtain the permits required by Section 17.22.010 for the underlying zone. 3. Site planning and project development standards. Development and new land uses within the PD overlay shall comply with all applicable development standards of the underlying zone, except as specifically modified, waived, or augmented by the PD overlay. E. Scope of approval. The application of the PD overlay to property may include the adjustment or modification, where necessary and justifiable, any applicable development standard of these Zoning Regulations (e.g., building height, floor area ratio, parcel size, parking, setbacks, etc.), or of the City's Subdivision Regulations. Commercial Zoning Revisions Exhibit D - Requirements for Mixed Use Projects 17.08.072 - Mixed Use Projects This Section provides standards for the design of mixed use projects. A. Design considerations. A mixed use project shall be designed to achieve the following objectives. 1. The design shall provide for internal compatibility between the different uses. 2. Potential noise, odors, glare, pedestrian traffic, and other potentially significant impacts on residents shall be minimized to allow a compatible mix of residential and nonresidential uses on the same site. 3. The design of the mixed use project shall take into consideration potential impacts on adjacent properties and shall include specific design features to minimize potential impacts. 4. The design of a mixed use project shall ensure that the residential units are of a residential character, and that privacy between residential units and between other uses on the site is maximized. 5. The design of the structures and site planning shall encourage integration of the street pedestrian environment with the nonresidential uses through the use of plazas, courtyards, walkways, and street furniture. 6. Site planning and building design shall be compatible with and enhance the adjacent and surrounding residential neighborhood in terms of scale, building design, color, exterior materials, roof styles, lighting, landscaping, and signage. B. Mix of uses. A mixed use project may combine residential units with any other use, or combination of uses allowed in the applicable zoning district by Section 17.22.010; provided that where a mixed use project is proposed with a use required by Section 17.22.010 to have Use Permit approval in the applicable zoning district, the entire mixed use project shall be subject to that permit requirement. Commercial Zoning Revisions Exhibit D - Requirements for Mixed Use Projects C. Maximum density. The residential component of a mixed use project shall comply with the maximum density requirements of the applicable zoning district; except that the residential component of a mixed use project in the C -S or M zoning districts shall not exceed 24 dwelling units per net acre. D. Site layout and project design standards. Each proposed mixed use project shall comply with the property development standards of the applicable zoning district, and the following requirements. 1. Location of units. Residential units shall not occupy ground floor space within the first 50 feet of floor area measured from each building face adjacent to a street, or any ground floor space in the CD zoning district. 2. Loading areas. Commercial loading areas shall be located as far as possible from residential units and shall be screened from view from the residential portion of the project to the extent feasible. 3 Refuse and recycling areas. Areas for the collection and storage of refuse and recyclable materials shall be located on the site in locations that are convenient for both the residential and non- residential uses. E. Performance standards. 1. Lighting. Lighting for the commercial uses shall be appropriately shielded to not negatively impact the residential units. 2. Noise. All residential units shall be designed to minimize adverse impacts from non - residential project noise, in compliance with the City's noise regulations. 3. Hours of operation. A mixed -use project proposing a commercial component that will operate outside of the hours from 8:00 a.m. to 6:00 p.m. shall require the Director's approval to ensure that the commercial use will not negatively impact the residential uses within the project. Commercial Zoning kevisions Exhibit D - Requiremelffs _ for Mixed Use F. Requirements for Use Permit projects. A mixed use project that requires Use Permit approval in compliance with Subsection B., or that is located in the C -S or M zoning districts is subject to the following requirements. 1. Property development standards. The approval of a Use Permit for a mixed use project may include: a. Conditions of approval that require provisions and standards in addition to, or instead of the property development standards of the applicable zoning district to ensure the compatibility of uses and surroundings; or b. Less restrictive standards than required by the applicable zoning district, to the extent allowed by Use Permit approval in other sections of these regulations, to make particular use combinations more feasible. 2. Mandatory findings for approval. The approval of a Use Permit for a mixed use project shall require that the review authority first make all of the following findings, as applicable. a. The projects mixed uses are consistent with the general plan and are compatible with their surroundings, with neighboring uses, and with each other; b. The projects design protects the public health, safety, and welfare; and c. The mixed uses provide greater public benefits than single -use development of the site. This finding must enumerate those benefits, such as proximity of workplaces and housing, automobile trip reduction, provision of affordable housing, or other benefits consistent with the purposes of this Section. 3. Mandatory findings for more restrictive standards. To require property development standards more restrictive than those of the underlying zone, the review authority must make one of the following findings: Commercial Zoning kevisions Exhibit D - Requirements for Mixed Use Projects a. Site - specific property development standards are needed to protect all proposed uses of the site, in particular residential uses; or b. Site - specific property development standards are needed to make the project consistent with the intent of these regulations; or c. The preponderance of the development proposed for the site is of a type not normally permitted in the underlying zone, so property development standards for the zone where such development is normally found are appropriate. Exhibit E — Nnxed Use Overlay Zone CHAPTER 17.55: MIXED USE (MU) OVERLAY ZONE Sections: 17.55.010 - Purpose 17.55.020 - Application and procedure 17.55.030 - Property development standards 17.55.010 - Purpose The MU overlay zone, in combination with any other zone, requires a mix of residential and nonresidential uses on the same site, where mixed use development would otherwise be optional. The primary purpose of the MU overlay is to provide a means for the City to identify areas where the public health, safety, and welfare will be enhanced by requiring that all allowed development be in the form of mixed use projects, where ground floor street frontages are occupied by retail, business or personal services uses with residential uses above, or to the rear of a site. The MU overlay is intended to promote a compact city, to provide additional housing opportunities (including affordable housing opportunities), which is the first priority, and to reduce auto travel by providing services, jobs, and housing in proximity. The City desires the safety provided by having residential components in commercial areas. 17.55.020 - Application and Procedure A. Application of the MU overlay may be initiated by the City Council or Planning Commission, to ensure that mixed residential and commercial uses will be included when certain parcels are developed or redeveloped, or by a property owner. B. An ordinance adopting an MU overlay shall specify the following items and may include any other standard that would further the purpose and intent of this chapter: 1. The types of uses which are required or allowed to be combined; 2. Any standards for the uses locations or their relationships to each other; and/or 3. Any issues specific to the site or the intended combination of uses which must be resolved by the design of the project. C. Each land use proposed on a site subject to the MU overlay shall be authorized in compliance with the permit requirements of Section 17.22.010 (Uses Allowed by Zones) that apply to the underlying zone. 17.55.030 - Property Development Standards Property development standards shall be those of the underlying zone, except that the application of the MU overlay to property may include establishing a higher height limit thatn the underlying zone, to more effectively accommodate the residential component of a mixed use project. Proposed development and new land uses shall also comply with all applicable provisions of Section 17.08.072 (Mixed Use Projects). Commercial Zoning Revisions Exhibit F - Live/Worrcand Work /Live Projects 17.08.120 - Live/Work and Work/Live Units A. Purpose. This Section provides standards for the development of new live /work and work/live units, and for the reuse of existing commercial and industrial structures to accommodate these units. Live /work and work/live units are intended to be occupied by business operators who live in the same structure that contains the commercial activity or industry. A live /work unit is intended to function predominantly as living space with incidental accommodations for work - related activities that are beyond the scope of a home occupation. A work/live unit is intended to function predominantly as work space with incidental residential accommodations that meet basic habitability requirements. B. Application requirements. In addition to the information and materials required for a Use Permit application by these Zoning regulations, a Use Permit application for a live /work or work/live unit within the CS or M zones shall include a Phase I Environmental Assessment for the site, including an expanded site investigation to determine whether lead based paint and asbestos hazards exist. The purpose of this requirement is to assess whether there are any hazardous or toxic materials on the site that could pose a health risk to residents. If the Phase I assessment shows potential health risks, a Phase 2 Environmental Assessment shall be prepared and submitted to determine if remediation may be required. C. Limitations on use. The non - residential component of a live /work or work/live project shall be a use allowed within the applicable zone by Section 17.22.010 (Uses Allowed by Zones), subject to the following additional limitations. 1. Prohibited uses. A live /work or work/live unit shall not be established or used in conjunction with any of the following activities: 1. Adult businesses; or 2. Vehicle maintenance or repair (e.g., body or mechanical work, including boats and recreational vehicles), vehicle detailing and painting, upholstery, etc.). 2. Live /work unit. A live /work unit shall not be established or used in conjunction with any of the following activities: 1. Storage of flammable liquids or hazardous materials beyond that normally associated with a residential use; 2. Welding, machining, or any open flame work; 3. Any use defined by Section 17.22.020 (Land Use Definitions) as "Manufacturing - Heavy "; and 4. Any other activity or use, as determined by the Director to not be compatible with residential activities and/or to have the possibility of affecting the health or safety of live /work unit residents, because of the Commercial Zoning Revisions Exhibit F - Live/Work and Work /Live Projects potential for the use to create dust, glare, heat, noise, noxious gasses, odor, smoke, traffic, vibration or other impacts, or would be hazardous because of materials, processes, products, or wastes. D. Density. Live /work and work/live units shall comply with the maximum density requirements of the applicable zoning district, except that live /work and work/live units within the C -S or M zones shall not exceed a density of 24 dwelling units per acre. E. Design standards. 1. Floor area requirements. The minimum net total floor area of a live /work or work/live space shall be 1,000 square feet. No more than 30 percent shall be reserved exclusively for living space. All floor area other than that reserved for living space shall be reserved and regularly used for working space. 2. Separation and access. Each live /work or work/live unit shall be separated from other units and other uses in the structure. Access to each unit shall be provided from common access areas, corridors, or halls; and the access to each unit shall be clearly separate from other live /work or work/live units or other uses within the structure. ,3. Facilities to accommodate commercial or industrial activities. A live /work or work/live unit shall be designed to accommodate commercial or industrial uses as evidenced by the provision of ventilation, interior storage, flooring, and other physical improvements of the type commonly found in exclusively commercial or industrial facilities used for the same work activity. 4. Integration of living and working space. Areas within a live /work or work/live unit that are designated as living space shall be an integral part of the live /work or work/live unit and not separated (or occupied and/or rented separately) from the work space, except that mezzanines and lofts may be used as living space subject to compliance with the other provisions of this Section, and living and working space may be separated by interior couryards or similar private space. 5. Mixed occupancy buildings. If a building contains mixed occupancies of live /work or work/live units and other nonresidential uses, occupancies other than live /work or work/live shall meet all applicable requirements for those uses, and proper occupancy separations shall be provided between the live /work or work/live units and other occupancies, as determined by the Chief Building Official. 6. Parking. Each live /work or work/live unit shall be provided at least two off - street parking spaces. The review authority may modify this requirement for the use of existing structures with limited parking. Commercial Zoning Revisions Exhibit F - Live/Wom and Work /Live Projects F. Operating requirements. 1. Occupancy. A live /work or work/live unit shall be occupied and used only by the operator of the business within the unit, or a household of which at least one member shall be the business operator. 2. Sale or rental of portions of unit. No portion of a live /work or work/live unit may be separately rented or sold as a commercial space for any person not living in the premises or as a residential space for any person not working in the same unit. 3. Notice to occupants. The owner or developer of any building containing work/live units shall provide written notice to all occupants and users that the surrounding area may be subject to levels of noise, dust, fumes, or other effects associated with commercial and industrial uses at higher levels than would be expected in residential areas. State and Federal health regulations notwithstanding, noise and other standards shall be those applicable to commercial or industrial properties in the applicable zone. 4. Non - resident employees. Up to two persons who do not reside in the live /work or work/live unit may work in the unit unless this employment is prohibited or limited by the Administrative Use Permit. The employment of three or more persons who do not reside in the live /work or work/live unit may be permitted subject to Use Permit approval, based on additional findings that the employment will not adversely affect traffic and parking conditions in the site vicinity. The employment of any persons who do not reside in the live /work or work/live unit shall comply with all applicable Building Code requirements. 5. Client and customer visits. Client and customer visits to live /work or work/live units are permitted subject to any applicable conditions of the applicable Administrative Use Permit or Use Permit, to ensure compatibility with adjacent commercial or industrial uses, or adjacent residentially -zoned areas or uses. G. Changes in use. After approval, a live /work or work/live unit shall not be converted to entirely residential use unless authorized through Administrative Use Permit approval. Administrative Use Permit approval shall require that the Director first find that the exclusively residential use will not impair the ability of non - residential uses on and adjacent to the site to continue operating because of potential health or safety concerns or nuisance complaints raised by the exclusively residential use and/or its occupants. H. Required findings. The approval of live /work or work/live unit shall require that the review authority first make all of the following findings, in addition to all findings required for Administrative Use Permit or Use Permit approval. 1. The proposed use of each live /work or work/live unit is a bona fide commercial or industrial activity consistent with Subsection C. (Limitations on use). Commercial Zoning kevisions ' Exhibit F - Live/WorK and Work /Live Projects 2. The establishment of live /work or work/live units will not conflict with nor inhibit industrial or commercial uses in the area where the project is proposed; 3. The building containing live /work or work/live units and each live /work or work/live unit within the building has been designed to ensure that they will function predominantly as work spaces with incidental residential accommodations meeting basic habitability requirements in compliance with applicable regulations; and 4. Any changes proposed to the exterior appearance of the building will be compatible with adjacent commercial or industrial uses where all adjacent land is zoned for commercial or industrial uses. If there is adjacent residentially -zoned land, the proposed changes to the building will make the commercial or industrial building being converted more compatible with the adjacent residential area. EXHIBIT G Zoning Regulations Amendment for Consistency with Airport land Use Plan 17.22.010 Uses allowed by zones. A. Status of Uses. Uses within zones shall be as provided in Table 9, subject to parts B through G below. In Table 9, symbols shall have these meanings: 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. Special notes affecting the status of uses, indicated by number in Table 9, may be found at the end of the table. B. Interpretation of Use Listing. These regulations are intended to permit similar types of uses within each zone. The director, subject to the appeal procedures of Chapter 17.66, shall determine whether uses which are not listed shall be deemed allowed or allowed subject to use permit approval in a certain zone. This interpretation procedure shall not be used as a substitute for the amendment procedure as a means of adding new types of uses to a zone. C. Principal and Accessory Uses. Listed uses are principal uses. Accessory uses are allowed with principal uses. D. Production and Sales. Where manufacturing is allowed, incidental sale of items made on the premises is allowed. When sale of a particular type of item is allowed, craftsman -type production of such an item for sale on the premises is allowed. E. Public School Uses. See Section 17.36.030 concerning uses which may be established within public schools. F. Prohibition of Drive - through Facilities. Drive - through facilities are not allowed in any zone. G. Airport Land Use Plan Consistency. Some land subject to City zoning is also subject to the Airport Land Use Plan, which is adopted and amended from time to time by the San Luis Obispo County Airport Land Use Commission. The Airport Land Use Plan establishes additional limitations on uses, which do not apply to City- adopted zones outside the area subject to the Airport Land Use Plan. Table 9 is to be applied consistently with the Airport Land Use Plan on land subject to that plan. Specifically, the following provisions shall apply. 1. Prohibited Uses. No use shall be established which: a. Entails installation, construction, or enlargement of a structure that would constitute an obstruction to air navigation, as defined in the Airport Land Use Plan, except as may be approved by the Airport Land Use Commission and the Federal Aviation Administration; Commercial Zoning Update — Exn,oit G Airport Land Use Plan Consistency Language Page 2 b. Entails a risk of physical injury to operators or occupants of aircraft (such as outdoor laser light shows); c. Causes smoke or vapors, lighting, illumination, or reflective glare, or an electromagnetic disturbance that would interfere with aircraft navigation or communication; d. Attracts birds to the extent of creating a significant hazard of bird strikes (examples are outdoor storage or disposal of food or grain, or large, artificial water features; this provision is not intended to prevent enhancement or protection of existing wetlands or the mitigation of wetlands impacts). e. Is not allowed by the noise policies of the Airport Land Use Plan, subject to modified provisions for the Margarita Specific Plan Area; Is not allowed by the Airport Land Use Zones (numbered 1 through 6) and the associated Land Use Matrix, subject to modified provisions for the Margarita Specific Plan Area; g. Is not allowed by the Airport Safety Areas and associated safety policies, subject to modified provisions for the Margarita Specific Plan Area. 2. Conditionally Approvable Uses. No use listed as "conditionally approvable" by the Airport Land Use Plan's Land Use Matrix shall be established until the City has referred the proposed use to the Airport Land Use Commission and that commission has rendered a written determination that the use will be consistent with the Airport Land Use Plan. If a use permit is required by Table 9 of the City's Zoning Regulations, the Airport Land Use Commission's determination must be received by the City before the City acts on the use permit. If a use listed as "conditionally approvable" by the Airport Land Use Plan is shown as allowed by Table 9, that use shall be subject to City approval of an administrative use permit following a referral to, and determination by, the Airport Land Use Commission. City approval of the use permit shall incorporate conditions or relevant project description identified by the Airport Land Use Commission in making its determination. The Airport Land Use Commission may determine that a use listed as "conditionally approvable" cannot be made consistent through the incorporation of reasonably available conditions, in which case the use permit shall be denied. 3. Uses not listed in the Airport Land Use Plan. For uses listed in Table 9 but not in the Airport Land Use Plan, the director shall determine which use listed in the Airport Land Use Plan is most similar and the resultant status of the use. The director may consult with the Airport Land Use Commission in making such determinations. 4. Notwithstanding section 17.22.010G. above, the provisions of this section are not intended to supercede the provisions of Article 3.5 of the Public Utilities Code commencing with section 21670. �� ;��c�,�- � �'� �� � �� _� _ �a f Commercial Zoning Update date — Extnbit G Airport Land Use Plan Consistency Language Page 3 Area Not Subject to Airport Land Use Plan South St 4Sta Johnson Ave �a Southwood Dr O� � �aa d Orcutt Rd O A OR °s `ado 0 O Rd o. sos� -N (IP Area Subject to Airport Land Use Plan O,c a Tank Farm Rd� a GA m Air ort Buckley Rd SPY- Airport Land Use Planning Area Boundary