Loading...
HomeMy WebLinkAbout1462ORDINANCE NO. 1462 (2004 Series) AN ORDINANCE AMENDING SAN LUIS OBISPO MUNICIPAL CODE CHAPTER 17.22 TO PROTECT THE CONTINUANCE OF LEGAL, CONFORMING NON - RESIDENTIAL USES ADJACENT TO OR NEARBY PROPOSED NEW HOUSING DEVELOPMENTS WHEREAS, on March 30, 2004, the City Council adopted an updated General Plan Housing Element; and WHEREAS, the Housing Element contains numerous policies and programs intended to expand housing opportunities for all income groups in San Luis Obispo; and WHEREAS, Housing Element Program 11.3.1 states that "the City will adopt measures ensuring the ability of legal, conforming non - residential uses to continue where new housing is proposed on adjacent or nearby sites "; and WHEREAS, to implement said program, the City Council intends to amend the Use Regulation Ordinance, San Luis Obispo Municipal Code Chapter 17.22. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of San Luis Obispo as follows: SECTION 1. Environmental Determination. The City Council hereby determines the proposed ordinance amendment is policymaking and does not constitute a "project' as defined under Section 21065 of the California Environmental Quality Act. Consequently, no further environmental study is required. SECTION 2. Findings. The City Council makes the following findings: 1. The proposed ordinance amendment is consistent with the General Plan. 2. The proposed ordinance amendment is necessary to implement Program 11.3.1 of the General Plan Housing Element. 3. The proposed ordinance amendment will help ensure the ability of legal, conforming non - residential uses to continue where new housing is proposed on adjacent or nearby sites. SECTION 3. Ordinance Amendment. The City Council hereby amends San Luis Obispo Municipal Code Chapter 17.22 as shown in Exhibit A. SECTION 4. Publication. A summary of this ordinance, approved by the City Attorney, together with the names of the City Council members voting for and against it, shall be published at least five days prior to its final passage, in the Tribune, a newspaper published and circulated in this City. This ordinance will go into effect at the expiration of thirty (30) days after its final passage. 01462 Ordinance No. 1462 (2004 series) Page 2 INTRODUCED on the 5th day of October 2004 AND FINALLY ADOPTED by the Council of the City of San Luis Obispo on the 191h day of October 2004, on the following roll call vote: AYES: Council Members Ewan, Mulholland, Settle, Vice Mayor Schwartz and Mayor Romero NOES: None ABSENT: None Mayor David F. Romero ATTEST: �ZWA,� -r Audrey Hoo , r City Clerk APPROVED AS TO FORM: Jo n P. Lowell City Attorney i hereby certify that this document is a true and accurate copy of Ordinance No._.. It-t__tt� and that the ordinance was published pursuant to Charter Section 602. Date City Clerk Ordinance No. 1462 (2004 Series) Page 3 EXHIBIT A Chapter 17.22 USE REGULATION Section: 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. Ordinance No. 1462 (2004 series) Page 4 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; 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; f. 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. 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.O10G. 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. H. Right to Continue Existing Non - Residential Uses. Legal, conforming non - residential uses shall have the right to continue operation, subject to compliance with applicable Zoning Regulations when established prior to the development of housing on adjacent or nearby sites. City approvals of housing developments adjacent to or within 300 feet of such uses shall include a condition requiring written notice to new home buyers and/or renters of possible characteristics associated with non - residential uses, such as noise, odors, vibration, and lighting.