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HomeMy WebLinkAbout1553ORDINANCE NO. 1553 (2010 Series) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO AMENDING TITLE 17 (ZONING REGULATIONS) OF THE MUNICIPAL CODE (GPI 3 -10) WHEREAS, the Planning Commission 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 April 28, 2010, and recommended approval of amendments to Title 17 (Zoning Regulations) of the Municipal Code; and WHEREAS, the City 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 September 7, 2010, for the purpose of considering amendments to Title 17 of the Municipal Code (GPI 3 -10); and WHEREAS, the City Council finds that the proposed text amendments are consistent with the General Plan, the purposes of the Zoning Regulations, and other applicable City ordinances; and WHEREAS, notices of said public hearings were made at the time and in the manner required by law; and WHEREAS, the City Council has reviewed and considered the Negative Declaration of environmental impact for the project, as prepared by staff and reviewed by the Planning Commission. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of San Luis Obispo as follows: SECTION 1. Environmental Determination. The City Council finds and determines that the project's Negative Declaration adequately addresses the potential significant environmental impacts of the proposed project, and reflects the independent judgment of the City Council. The Council hereby adopts said Negative Declaration. SECTION 2. Findings. Based upon all the evidence, the Council makes the following findings: 1. The proposed amendments will not significantly alter the character of the City or cause significant health, safety or welfare concerns, since the amendments are consistent with the General Plan and directly implement City goals and policies. 2. The Initial Study adequately evaluates all of the potential impacts of the project and the Negative Declaration correctly determines that the project will not have a significant adverse impact on the environment. 01553 Ordinance No. 1553 (201 a series) Page 2 SECTION 3. Chapter 17.08: Uses Allowed in Several Zones of the City of San Luis Obispo's Municipal Code is replaced and amended to read as follows: Chapter 17.08: Uses Allowed In Several Zones Sections: 17.08.010 Temporary uses. 17.08.020 Outdoor sales. 17.08.030 Service stations. 17.08.040 Concurrent sales of motor fuel and alcoholic beverages. 17.08.050 Vending machines. 17.08.060 Electronic game amusement centers. 17.08.072 Mixed Use projects. 17.08.080 Public utilities. 17.08.090 Home occupations. 17.08.095 Neighborhood grocery markets. 17.08.100 Child and adult day care. 17.08.110 Homeless shelters. 17.08.120 Location of pools and pool equipment. 17.08.130 Live /work and work/live units SECTION 4. Chapter 17.08.010.13. of the City of San Luis Obispo's Municipal Code is replaced and amended to read as follows: B. Definitions. A temporary use is one which is established at a particular location for less than one year. An intermittent use is one which occurs no more than 90 days in a year, but which may continue from year -to -year. Temporary and intermittent uses for businesses shall consist of activities that represent a variation from the normal business operations, e.g. parking lot sales, benefits, and special events. Temporary and Intermittent Uses are not intended to serve the primary purpose of allowing flexibility from Sign Regulations or other City Codes. SECTION 5. Chapter 17.08.010.C.8. of the City of San Luis Obispo's Municipal Code is replaced and amended to read as follows: B. Other Temporary or Intermittent Uses. Upon approval of an administrative use permit, the Director may approve other temporary or intermittent uses, including but not limited to: musical events, auctions, estate sales, clothing outlet sales, nonprofit benefits, parking lot sales, and car shows. At the discretion of the Director, certain small scale events with limited duration, consisting of activities with no potential to detrimentally affect those working and living in the vicinity may be allowed through administrative action without a public hearing. SECTION 6. Chapter 17.08.072.C. of the City of San Luis Obispo's Municipal Code is replaced and amended to read as follows: Ordinance No. 1553 (201 a aeries) Page 3 C. Maximum density. The residential component of a mixed use project shall comply with the maximum density requirements of the applicable zoning district; plus density bonuses where applicable. SECTION 7. Chapter 17.08.110 of the City of San Luis Obispo's Municipal Code is replaced and amended to read as follows: 17.08.110 Homeless Shelters. 1. The below requirements are for homeless shelters within the PF zone which may be established without use permit review. Homeless shelters in other zones, which require use permit review, may be subject to conditions of approval with requirements that vary from these standards. A. The shelter shall be operated by a responsible agency or organization, with experience in managing or providing social services. B. The shelter shall provide at least one qualified on -site supervisors at all times, plus one attendant for each 50 occupants. C. A homeless shelter shall not be approved when another homeless shelter exists within 300 feet of the proposed site. This requirement may be modified by use permit. D. Nearby R -1 and R -2 neighborhoods shall be adequately buffered from potential impacts of the proposed shelter. E. Parking shall be supplied at a ratio of one vehicle space per 10 beds, and one secured bicycle parking area designed to accommodate up to one bicycle per 10 beds. F. Each homeless shelter shall be limited to a maximum occupancy of 250 persons (in total), including warming shelters and daytime facilities. G. A management plan shall be required to address how the immediate sheltering needs of individuals who may be turned away from the shelter will be handled. The management plan shall establish a maximum the length of time which clients may be accommodated. SECTION 8. Chapter 17.16.010.A.2.vi. of the City of San Luis Obispo's Municipal Code is replaced and amended to read as follows: Ordinance No. 1553 (201 u 6eries) Page 4 17.16.10 Density. Table 1: Maximum Residential Densitv For Cross -Slone Cateaories Average Cross -Slope in Maximum Density Allowed (density units per net acre) R -1 R -2 *, O, C- N, C -T R -3 R -4 C -R, C -D, C -C C -S, M 0 -15 7 12 18 24 36 24 16 -20 4 6 9 12 36 24 21 -25 2 4 1 6 8 36 1 24 26+ 1 1 2 1 3 4 36 1 24 *R -2 zone, see section d.1. below By approving an administrative use permit, the Director may grant exceptions to the reduction of density with slope where the parcel in question is essentially enclosed on all sides by development at least as dense and within the same cross -slope category as the proposed development. The exception shall not authorize density greater than that allowed for the category of less than 15% slope for the appropriate zone. (See also Section 17.12.020D, Nonconforming Lots - Regulations.) b. Determine the Net Area of the Site. "Net area" is all the area within the property lines of the development site, excluding the following: 1. Street right -of -way dedicated and proposed to be dedicated to the City; 2. Area between the tops of banks of creeks shown on the Open Space Element "Creeks Map"; 3. Habitat occupied by species listed as "endangered" or "threatened" by the U.S. Fish and Wildlife Service or the California Department of Fish and Game, or as "plants of highest priority" by the California Native Plant Society, unless the Community Development Director determines there is no "practical alternative" as defined by the General Plan; 4. Area within the drip line of "heritage trees" designated by the City. c. Multiply the resulting area (in whole and fractional acres) by the maximum density allowed (in density units per acre) according to Table 1 of this section. (Ord. 1365 (2000 Series)(part)) d. The resulting number (in density units, carried out to the nearest one - hundredth unit) will be the maximum residential development potential. Any combination of dwelling types and numbers may be developed, so long as their combined density unit values do not exceed the maximum potential. (Ord. 1365 (2000 Series)(part)) Ordinance No. 1553 (201 U series) Page 5 For a single - family residence (single unit on one lot) located in the Medium - Density Residential Zone (R -2), density unit values may be rounded up to the nearest half (.5) density unit (example: 1.37 =1.5). Condominiums and common interest subdivisions shall conform to standard R -2 density requirements where maximum density is calculated by rounding to the nearest one - hundredth unit. SECTION 9. Chapter 17.16.020.C. of the City of San Luis Obispo's Municipal Code is replaced and amended to read as follows: C. Yard Standards. 1. Street yards shall comply with the following: Table 2: Minimum Street Yards Zone Minimum Street Yard R -1 20 feet R -2 20 feet R -3 15 feet R -4 15 feet C /OS 20 feet O 15 feet PF As provided in zone of adjacent lot* C -N 10 feet C -C As provided in zone of adjacent lot* C -D As provided in zone of adjacent lot* C -R As provided in zone of adjacent lot* C -T 10 feet C -S See Chapter 17.46 M See Chapter 17.48 BP See Chapter 17.49 * If the zone of adjacent lot does not have its own standard, no street yard is required. Lots separated by streets or other rights -of -way are not considered adjacent. If more than one zone is adjacent, the largest yard shall be required. Ordinance No. 1553 (2010 series) Page 6 3. Other yards shall comply with the following: Table 3: Minimum Other Yards In R -1 And R -2 Zones Maximum Building Minimum Required Height'` Yard "` A point this high on Must be at least this the roof of a building: far from the property line: (feet) (feet) 1 -12 5.0 (min. in R -1 & R -2) 13 5.5 14 -15 6.0 16 -17 7.0 18 -19 8.0 20 8.5 21 -22 9.0 23 -24 10.0 25 10.5 26 11.0 27 11.5 28 12.0 29 12.5 30 -31 13.0 32 13.5 33 14.0 34 14.5 35 15.0 "Building heights shall be rounded to the nearest whole foot. ** Yards shall be rounded to the nearest 0.5 foot. Ordinance No. 1553 (2010 series) Page 7 Table 4: Minimum Other Yards In R -3, R -4, O and C -N Zones Maximum Building Minimum Required Height* Yard* * A point this high on Must be at least this far the roof of a building: from the property line: (feet) (feet) 1 -13 5 (min. yard) 14 -15 5.5 16 -17 6 18 -20 6.5 21 -22 7 23 -24 7.5 25 -26 8 27 -29 8.5 30 -31 9 32 -33 9.5 34 -35 (max. height) 10 * Building heights shall be rounded to the nearest whole foot. '* Yards shall be rounded to the nearest 0.5 foot. Table 5: Minimum Other Yards In C /OS, PF, C -C, C -D, C -R, C -T, C -S, M and BP Zones Zone Minimum Other Yard C /OS 20 feet PF As provided in zone of adjacent lot* C -C As provided in zone of adjacent lot* C -D As provided in zone of adjacent lot* C -R As provided in zone of adjacent lot* C -T As provided in zone of adjacent lot* C -S See Chapter 17.46 M See Chapter 17.48 BP See Chapter 17.49 * If the zone of adjacent lot does not have its own standard, no yard is required. Lots separated by streets or other rights -of -way are not considered adjacent. If more than one zone is adjacent, the largest yard shall be required. 3. Yards with City- required landscape plans shall be landscaped and maintained in accordance with approved plans. SECTION 10. Chapter 17.16.020.D. of the City of San Luis Obispo's Municipal Code is replaced and amended to read as follows: Ordinance No. 1553 (2010 Series) Page 8 D. What may Occupy Yards. 1. Utility Structures. Components of public utility systems may be located within street yards when approved by the Architectural Review Commission. 2. Fences, Walls and Hedges. Fences, walls and hedges may occupy yards to the extent provided in Section 17.16.050. (Vegetation may be controlled by the California Solar Shade Control Act.) 3. Arbors and Trellises. Arbors and trellises may occupy yards subject to the extent provided in Section 17.16.050. Arbors and trellises shall not be connected to or supported by a building, nor be designed to support loads other than vines or similar plantings. They are not considered structures for zoning purposes and shall not be used as patio covers. 4. Signs. Signs in conformance with the Sign Regulations codified in Chapter 15.40 may occupy yards to the extent provided in those regulations. 5. Architectural Features. The following and similar architectural features may extend into a required yard no more than 30 inches: a. Cornices, canopies, eaves, buttresses, chimneys, solar collectors, shading louvers, reflectors, water heater enclosures, and bay or other projecting windows that do not include usable floor space (Figure 1). Figure 1 b. Uncovered balconies, uncovered porches, or decks may extend into the required yard not more than four feet or one -half the required yard distance, whichever is less. Fire escapes, exit stairs or other required exits may be required to meet greater setbacks to comply with Building Code requirements. c. Decks, planters and similar features less than 30 inches above grade may be located within the required yards. 6. Trash Enclosures. Trash enclosures which have been approved by the Architectural Review Commission may be located within a required yard, provided no part of the enclosure is less than three feet from any right -of -way or adopted setback line. 7. Unenclosed Parking Spaces in Other Yards. Unenclosed parking spaces and parking aisles may be located within other yards. 8. Unenclosed. Tandem Parking Spaces. For single dwellings required parking may be approved by the Director to be in tandem where safe and compatible with the surrounding neighborhood. 9. Enclosed and Unenclosed Parking Spaces in Street Yard Prohibited. In no case may an enclosed parking space or required parking space from which vehicles exit directly onto the street be located less than 20 feet from the street right -of -way or setback line except as provided in 17.16.020E.2 below. SECTION 11. Chapter 17.16.020.2.a. of the City of San Luis Obispo's Municipal Code is replaced and amended to read as follows: Ordinance No. 1553 (2010 series) Page 9 2. Discretionary Exceptions. a. Reduced Street Yards. Upon approval of a use permit, or in conjunction with tandem parking approval, the director may allow street yards to be reduced to zero for unenclosed parking spaces. Street yards may be reduced to 10 -feet for structures including carports. Reductions may be approved for garages when the driveway is long enough to accommodate a parked car that doesn't overhang the sidewalk (18.5 feet min.). SECTION 12. Chapter 17.16.050. of the City of San Luis Obispo's Municipal Code is replaced and amended to read as follows: 17.16.050 Fences, walls and hedges. A. Purpose and Application. 1. The purpose of these regulations is to achieve a balance between concerns for privacy and public concerns for enhancement of the community appearance, visual image of the streetscape, overall character of neighborhoods, and to ensure the provision of adequate light, air, and public safety. 2. These regulations apply to any type of visible or tangible obstruction which has the effect of forming a physical or visual barrier between properties or between property lines and the public right -of -way, including but not limited to: any type of artificially constructed barriers of wood, metal, or concrete posts connected by boards, rails, panels, wire or mesh and any type of natural growth such as hedges, and screen plantings. B. Fences, walls or hedges may be placed within required yards, provided: n street�yardd /7 NO FENCE HEDGE R THAN TH Figure 8 1. The maximum height in any street yard shall be as shown in Figure 8; 2. The maximum height in any other yard shall be six feet; 3. Arbors, trellises, and other lightweight ornamental landscape elements are allowed within a required yard, subject to the same height limits that apply to fences and hedges; Ordinance No. 1553 (201 u series) Page 10 C. Fences or walls may be placed outside required yards, provided: 1. The maximum height is eight feet. 2. Where the wall is connected to and a part of the house, it may be any height allowed in the underlying zone. D. Fence height is measured from the adjacent grade along the lower side of the wall or fence, directly at the base of the wall or fence. E. Where fences or walls are located on retaining walls, the height of the retaining wall shall be considered as part of the overall height of the fence or wall. Walls or fences must have a minimum spacing of five feet to be considered separate structures for purposes of measuring overall height. F. The Director may grant exceptions to these standards subject to a finding that no public purpose would be served by strict compliance with these standards. G. A public notice shall be posted at the site of each proposed fence height exception. If anyone informs the Community Development Department of a reasonable objection concerning the proposed fence height exception within five days of the posting, the Director shall schedule a hearing for the application as provided for administrative use permits. If no questions or objections are received by the Community Development Department within five days after posting, the Director may issue a letter of approval upon submission of all required information and without further notice or public hearing. (Ord. 1006 - 1 (part), 1984; Ord. 941 - 1 (part), 1982: prior code - 9202.5(F)) SECTION 13. Chapter 17.16.060.F. of the City of San Luis Obispo's Municipal Code is replaced and amended to read as follows: F. Bicycle and Motorcycle Spaces. Each use or development, which requires 10 or more spaces, shall provide facilities for parking bicycles and motorcycles as follows: 1. Motorcycle Spaces. Parking for motorcycles shall be provided at the rate of one space for each 20 car spaces. Projects that provide more motorcycle spaces than required may reduce the required car spaces at the rate of one car space for each five motorcycle spaces, up to a 10% reduction, subject to the approval of the Community Development Director. 2. Bicycle Spaces. Parking for bicycles shall be provided in accordance with Table 6.5. All bicycle spaces shall be located at the ground floor level. Additional City standards and guidelines for bicycle parking can be found in the City's Engineering Standards, Community Design Guidelines, and Bicycle Transportation Plan. Projects which provide more bicycle and /or motorcycle spaces than required may reduce the required car spaces at the rate of one car space for each five bicycle spaces, up to a 10% reduction, subject to the approval of the Community Development Director. All bicycle parking that exceeds the required number of spaces shall be apportioned between short -term and long -term bicycle spaces as stipulated by Table 6.5. Any additional bicycle parking provided for residential uses shall be covered. SECTION 14. Chapter 17.16.060.I. of the City of San Luis Obispo's Municipal Code is replaced and amended to read as follows: Ordinance No. 1553 (201 u series) Page 11 Parking calculations. 1. The parking requirement is based on the gross floor area of the entire use, unless stated otherwise. 2. When the calculation of required parking results in a fractional number, it shall be rounded to the next highest whole number if the fraction is one -half or more; otherwise it shall be rounded down to the next lowest whole number. 3. Where there has been a reduction in required parking, all resulting spaces must be available for common use and not exclusively assigned to any individual use. In mixed use projects, required residential parking may be reserved, but commercial parking must be made available for guests or overflow from residences. SECTION 15. Chapter 17.16.060.J.1. of the City of San Luis Obispo's Municipal Code is replaced and amended to read as follows: J. Tandem parking. 1. For residential uses, when parking spaces are identified for the exclusive use of occupants of a designated dwelling, required spaces may be arranged in tandem (that is, one space behind the other) subject to approval of the Community Development Director. Tandem parking is intended to allow for needed flexibility on constrained lots or where tandem parking is consistent with the existing neighborhood pattern. Tandem parking shall not be used to provide for the conversion of garage spaces. SECTION 16. Table 6 — Parking Requirements by Use, Chapter 17.16.060. of the City of San Luis Obispo's Municipal Code is replaced and amended to read as follows: Ordinance No. 1553 (2 01 a seri es) Page 12 duly 2010 TABLE 6 - PARKING REQUIREMENTS BY USE AGRICULTURE city of smi Luis owspo zoning, oeciuLxtions Crop production and grazing No requirement Greenhouse. commercial No requirement Livestock feed lot As provided in approved use permit INDUSTRY. MANUFACTURING & PROCESSING, WHOLESALING Bakery, wholesale Same as Manufacturing - Light Furniture and fixtures manufacturing, cabinet shop Same as Manufacturing - Light Industrial research and development One space per 300 square feet office or laboratory area, plus one space per 500 square feet indoor assembly or fabrication area. plus one space per 1.500 square feet outdoor work area or indoor warehouse area Laboratory - Medical, analytical, research, testing One space per 300 square feet gross floor area Laundry, dry clearing plant One space per 500 square feet gross floor area Manufacturing - Heavy One space per 500 square feet gross floor area Manufacturing - Light One space per 300 square feet accessory office area plus are space per 300 square feel to %0 square feet manufacturing floor area, to be determined by director according to employment characteristics of each use, plus one per 1,500 square feet outdoor manufacturing area Petroleum product storage and distribution One space per 300 square feet office areas plus one space per 500 square feet indoor storage area plus one space per 2.000 square feet outdoor storage area Photo and film processing lab One space per 300 square feet gross floor area Printing and publishing One space per 300 square feet gross flax area Recycling facilities - Collection and processing facility One space per 500 square feet of gross floor area plus one space per 10.000 square feet outdoor storage area, but in no case less than 4 spaces Recycling facilities - Scrap and dismantling yard One space per 500 square feet of gross floor area plus one space per 10,000 square feet outdoor storage area, but in no case less than 4 spaces Recycling facilities - Small correction facility As provided in approved use permit Storage - Personal storage facility One space per 300 square feet office area and comnmon indoor facilities and one space for every five storage units that do not have direct drive -up vehicle access Storage yard One space per 2.000 square feet gross floor area Warehousing, indoor storage One space per 300 square feel office area plus one space per 1,500 square feet indoor storage area Wholesaling and distribution One space per 300 square feet office area plus one space per 1:000 square feet indoor saleslslorage area, plus one space per 2.000 square feet outdoor sales area LODGING Bed and breakfast inn One per room or group of rooms to be occupier[ as a suite, plus two for resident manager's quarters Hostel One space per five beds, ptus one for manager. When the hostel is part of a residence: one space per five beds, in addition to two spaces for the residence. Hotel, motel One per room or group of rooms to be occupied as a suite, plus one for resident manager's quarters, plus eating(assembly area requirements Recreational vehicle (RV) park accessory to hotel. nmotet As provided in approved use permit Ordinance No. 1553 (201 0 series) Page 13 CItV O� SAII WIS OBISPO Z40lunc; t2ecluLmms juLy 2ofo TABLE 6 - PARKING REQUIREMENTS BY USE RECREATION, EDUCATION, 8 PUBLIC ASSEMBLY USES Bar'tavem One space per 60 square feet of customer use plus one space per 100 square feet of food preparation area Club. lodge, private meeting hall One space per 300 square feel office area plus one space per four fixed seats or one space per 40 square feet seating area without fixed seats, in the largest assembly room Commercial recreation facility - Indoor Bowling alleys One space per 300 square feet gross floor area Teo spaces per lane plus one space per four seats spectatorleating area Commercial recreation facilit, - Outdoor One space per 500 square feet outdoor use area Educational conferences As provided in approved use permit Fitness/health facility One space per 300 square feet gross floor area Library, museum One space per 500 square feet storage/display area plus government office and meeting room requirements Library, branch facility As provided in approved use permit Night club One space per 50 square feet floor or outdoor ground area for customer use, including seating and dancing areas, plus one space per 100 square feet food preparation area Off -site wine tasting room One space per 200 square feet gross floor area Park, playground One space per 500 square feet Public assembly facility One space per four fixed seats or one space per 40 square feet of assembly area without fixed seats Religious facility One space per four fixed seats (one space per 40 square feet seating area without fixed seats) in largest assembly room School - Boarding school, elementary, middle, secondary As provided in approved use permit School - College, university - Campus As provided in approved use pemtit School - College, university - Satellite classroom facility One space per 50 square feet per classroom floor area School - Elementary, middle. secondary Two spaces per classroom plus one space per 300 square feet office, assembly or common area School - Specialized educationhiraining One space per 50 square feet per classroom floor area Special event One space per 500 square feet or as provided in approved use permit Sports and active recreation facility One space per 100 square feet of play surface Sports and entertainment assembly facility As provided in approved use permit Studio - Art, dance, martial arts. music, etc. On- space per 200 square feet gross floor area Theater One space per four seats Theater - Drive -in INo requirement Ordinance No. 1553 (201 u aeries) Page 14 Jelly 2010 TABLE 6 - PARKING REQUIREMENTS BY USE RESIDENTIAL USES Clt \l Off- SAn LUIS OBISPO i;t1tmic, izecitiL\tims Boarding/rooming house, dormitory One space per 1.5 occupants or 1.5 spaces per bedroom, .whichever is greater Caretaker quarters Two spaces per dwelling Convents and monasteries One space per five occupants Fraternity. sorority One space per 1.5 occupants or 1.5 spaces per bedroom, ,whichever is greater High occupancy residential use The parking requirement shall be greater of: '1. The number of space required for dwellings. or 2. One off - street parking space per adult occupant, less one. Home occupation See Section 17.08.090 Live.be,ork units 2 spaces per unit Mixed -use project Same as Single- family dwellings k4ob le home park 1.5 spaces per unit: 1 space to be with unit Multi- family dwellings 1 per studio apartment: 1 -112 for first bedroom plus 112 for each additional bedroom in a unit, plus 1 for each five units in developments of more than five units. Also see parking reduction paragraphs under 17.16.060. Residential care facilities - 6 or fewer residents Same as Rest home Residential care facilities - 7 or more residents Same as Rest home Residentiil hospice facility Same as Rest home Rest home One space per four beds jadult): one space per fire juvenille occupants Single - family dwellings 2 spaces per dwelling. In the R -1 and CIOS Zones. one space must be covered. Work live units 2 spaces per unit Ordinance No. 1553 (201 0 series) Page 15 city o� sill LUIS OBISpo zollmc, iwcjuL1tioiis jul-V 2010 TABLE 6 - PARKING REQUIREMENTS BY USE RETAIL SALES Auto and vehicle sales and rental One space per 300 square feet office area plus one space per 500 square feet parts sales service area. plus one space per 2,000 square feet outdoor sales area Auto parts sales. with installation One space per 500 square feet gross floor area Auto parts sales, without installation One space per 500 square feel gross floor area Bakery, retail One space per 200 square feet gross floor area Building and landscape materials sales. indoor One space per' 00 square feet office area plus one space per 500 square feet indoor sales area plus one space per 2,000 square feet warehouse area One space per 300 square feet office area plus one space per 500 square feet indoor sales area plus Building and landscape materials sales. outdoor one space per 2,000 square feet warehouse or outdoor sales area Construction and heavy equipment safes and rental One space per 300 square feet office area plus one space per 500 square feet parts sales service area. plus one space per 2,000 square feet outdoor sates area Convenience store Two spaces for employee parking, plus one space per 500 square feet of gross floor area and a minimum of five bicycle parking spaces shall be provided per business Extended hour retail Same as speck type of retail Farm supply and feed store One per 500 square feet indoor salesistorage area plus one space per 2,000 square feet outdoor sales/storage area. Fuel dealer (propane. etc) One per 500 square feet indoor saleslsiorage area plus one space per 2,000 square feet outdoor saleststorage area. Furniture, furnishings, and appliance stares One space per 500 square feet gross floor area General retail - 2.000 sf or less One space per 300 square feet gross ft= area General retail - More than 2.000 sf, up to 15,000 sf One space per 300 square feel gross floor area General retail - More than 15,000 sf, up to 45,000 sf One space per 300 square feet gross floor area General retail - More than 45,000 sf, up to 60.000 sf •A maximum of one space per 200 square feet gross floor area, with the exception for more spaces if structured multi -level parking is used General retail - More than 60.000 sf, up to 140.000 sf A maximum of one space per 200 square feet gross floor area, with the exception for more spaces if structured multi-level parking is used Florists and Photofinishing {retail) One space per 500 square feet floor area Retail sales and repair of bicycles One space per %0 square feet floor area Groceries, liquor, specialty foods One space per 200 square feet gross floor area Mobile home, RV, and boat sales One space per 300 square feet office area plus one space per 500 square feet parts sales service area, plus one space per 2,000 square feet outdoor sales area Office - supporting retail, 2,000 sf or less One space per 300 square feet gross ft= area Office - supporting retail. more than 2,000, up to 5.000 One space per 300 square feet gross fl= fl= area sf Outdoor temporary andior seasonal sales See Section t 7.08.020 Produce stand One space per 300 square feet gross floor area One space per 60 sq. ft- customer use area, including waiting seating, counter service areas, and Restaurant dancing areas, plus one space per 100 sq. ft. food preparation, including counter space, pantry storage, and dishwashing areas. Walls, halls, restrooms, and dead storage areas do not count as either customer use or food preparation floor area Service station (see also "vehicle services -) one space for attendant booth plus two per service bay plus one space per four hrel pumps Warehouse stores - 45,000 sf or less gfa Minimum one space per 300 square feet gross floor area Warehouse stores -more than 4..,000 sf gia A maximum of one space per 200 square feet gross floor area - with the exception for more spaces if structured multi-level parking is used Ordinance No. 1553 (201 v Series) Page 16 duly 2010 TABLE 6 - PARKING REQUIREMENTS BY USE SERVICES - BUSINESS_ FINANCIAL & PROFESSIONAL Cite' Of San Luis Obispo zonrnC, l2CQjU ltl0ns ATMs No requirement Banks and financial services One space per 300 square feet gross floor area Business support services One space per 300 square feet gross floor area Convalescent hospital Same as Medical service - Extended care Medical service - Clinic, laboratory, urgent care Ivtedical. dental, and other health services: one per 200 square feet gross floor area. Medical service - Doctor office Medical, dental, and other health services: one per 200 square feet gross floor area. Medical service - Extended care One space per four beds (adult): one space per five juvenile occupants Medical service - Hospital One space per bed Office - Accessory As required for principle use Office - Business and service One space per 300 square feet gross floor area Office - Government Post offices Offices: one per 300 square feet gross floor area. Meeting rooms: one per four fixed seats or one per 40 square feet of seating area withal fixed seats. feet space per 300 square feet office. sorting. customer service area plus one space per 500 square feet bulk handling Office - Processing One space per 200 square feet gross floor area Office - Production and admmislratp.,e One space per 300 square feet gross floor area Office - Professional Medical dental and other health services: one per 200 square feet grass floor area. All others: one space per 300 square feet gross floor area. Office - Temporary See Section 17.08.010 C Photographer, photographic studio One space per 200 square feet gross floor area Ordinance No. 1553 (201 u 6eries) Page 17 city of san Luis owspo Z011111Ci 12E.GULltlotls TABLE 6 - PARKING REQUIREMENTS BY USE Type of Use Number ;of Off S�eet PariinG Spaces Required SERVICES - GENERAL JULy 2m) Catering service One space per 100 square feet food preparation area Cemetery, mausoleum, columbarium One space per 500 square feet of building area Day care - Day care center (childladult) Two spaces plus one per 14 clients Day care - Fan»ly day care home (smailllarge) small family day care - same as for - Dwellings ". Large family day care - One space plus required residential parking. Equipment rental One per 300 square feet office area plus 1 per 500 square feet indoor display /storage plus 1 per 1.000 square feet outdoor displaylstorage Food bank/packaged food distribution center One space per 300 square feet of office plus one space per 1,500 square feet of indoor storage Homeless shelter Two spaces for the facility plus one space for each six occupants at maximum allowed occupancy Maintenance service. client site services One space per 300 square feet gross floor area Mortuary, funeral home 1 per four fixed seats or 1 per 40 square feel assembly area, whichever is greater Personal services One space per 200 square feet gross floor area Repair services - Small appliances. shoes, etc. One space per 300 square feet Self service laundryldry cleaner One Space per each four washers or dryers Public safety facilities One space per 500 square feet gross floor area Public utility facilities One space per 300 square feet office area plus one space per 1.500 square feet warehouselservice area plus space for Heel vehicles Repair service - Equipment. large appliances, etc. One space per 500 square feet gross floor area Social service organization One space per 300 square feet gross floor area Vehicle services - Repair and maintenance - Major One space per 500 square feet gross floor area Vehicle services - Repair and maintenance - Minor One space per 500 square feet gross floor area Service stations One space for attendant booth plus two per service bav plus one space per four fuel pumps Vehicle services - Carwash Two spaces plus sufficient waiting line(s) or Two spaces plus washing areas) Veterinary clinic!hospital, boarding, large animal One space per 500 square feet gross floor area Veterinary clinic/hospital, boarding, small animal, indoor One space per 300 square feel gross floor area Veterinary cliniclhospital, boarding, small animal, outdoor One space per 300 square feet gross floor area TRANSPORTATION & COMMUNICATIONS Airport To be determined when use permit is approved Ambulance, taxi, and/or limousine dispatch facility One space per 300 square feet office area plus one space per 1.000 square feet garageiwarehouse area Ambulance services Three spaces per emergency vehicle Broadcast studio One space per 300 square feet gross floor area Heliport As provided in approved use permit Railroad facilities One space per 300 square feet office or waiting room Transit station or terminal One space per 300 square feet officelv.aiting area plus one space per 1.000 square feet houselgarage area Truck or freight terminal One space per 300 square feet office plus one space per 1.000 square feet garagerwarehouse area Water and wastewater treatment plants and services One space per 300 square feet office plus one space per 1,000 square feet warehouselservice area Water and wastewater treatment plants As provided in approved use permit Ordinance No. 1553 (201 a series) Page 18 SECTION 17. Chapter 17.17.075 of the City of San Luis Obispo's Municipal Code is replaced and amended to read as follows: 17.17.075 Neighborhood preservation. It shall be unlawful and a public nuisance for any person, firm or corporation, owning, leasing, occupying, or having possession of any private property in the City to maintain such property in such a manner that any of the following conditions are found to exist thereon: 1. Refuse, green waste, and recycling receptacles shall not be within in the front yard area except as provided in Municipal Code section 8.04 which states: Refuse and garbage containers shall not be placed adjacent to the street for pickup more than twenty -four hours before pickup time, and such containers shall be removed within the twelve -hour period following pickup, except in the Business Improvement Area (as defined in Chapter 12.36). In the Business Improvement Area, refuse and garbage containers shall not be placed adjacent to the street for pickup before 5:00 p.m. or the close of business on the day preceding pickup, whichever is later. Such containers shall be removed before 10:00 a.m. following pickup. The "front yard" area is defined as: 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). Trash, green waste, and recycling receptacles shall be completely screened from public view by a fence, landscaping, wall, or fence that is otherwise permitted by Zoning and Building Codes. 2. Buildings which are abandoned, partially destroyed or damaged or left in an unreasonable state of partial construction, whose owners have been notified by the City that the property has been determined to be in violation of this section. An abandoned building means any building or structure which is not occupied, used or secured for a period of one (1) year or more. A partially destroyed or damaged building means any building or structure in which 25% or more of the structure has been destroyed or damaged and not repaired or replaced for a period of one (1) year or more. An unreasonable state of partial construction is defined as any unfinished building or structure that has been in the course of construction for two (2) years or more, and the condition of said unfinished building or structure or accumulation of construction materials substantially detracts from the appearance of the immediate neighborhood. Paint or finish material on the exterior surface of a building or other structure that has become substantially deteriorated, damaged, or unsightly so as to significantly detract from the appearance of the immediate neighborhood. For the purposes of this Chapter, "substantially" shall be defined as the absence or deterioration of a required protective covering exceeding 25% of the exterior surface area, including, but not limited to, chipping, curling, damaged or missing paint. Exterior surfaces shall include gutters, downspouts, trim, doors, window, fences, and walls. 4. Broken, deteriorated, neglected, abandoned, or substantially defaced structures, equipment, machinery, ponds, pools, or excavations visually impacting on the neighborhood or presenting a risk to public safety or nuisance attractive to children. For the purposes of this Chapter, "nuisance attractive to children" shall mean any condition, instrumentality or machine located in a building or on premises, which is or may be unsafe or dangerous to children by reason of their inability to appreciate the peril therein, and which may reasonably be expected to attract children to the premises and risk injury by playing with, in, or on it. 5. Parking lots, driveways, paths or other paved surfaces, except when located in a rear or side yard of a single family dwelling, which contain substantial cracks, potholes or other deficiencies posing a substantial risk of harm to the public. 6. Trees, weeds, or other types of vegetation that are dead, decayed, infested, diseased, overgrown, or harbor rats or vermin and are visible from a public right -of -way. For the purpose of this chapter, "overgrown" is limited to lawns or weeds over 12" in height. Creek, riparian areas, Ordinance No. 1553 (201 u 6eries) Page 19 open space, grassland communities, or other sensitive habitat and unique resource areas as defined by the General Plan are subject to separate regulations. 7. Buildings, structures, or other surfaces upon which graffiti exists. Graffiti, as used in this Chapter, shall mean defacement, damage, or destruction by the presence of paint, ink, chalk, dye, or other similar substance; or by carving, etching, or other engraving. 8. Any violation of the provisions of a conditional use permit, planned development permit, architectural review approval, variance or other land use entitlement or land use permit. 9. Maintenance of property in such condition as to be detrimental to the public health, safety, or general welfare in such a manner as to constitute a public nuisance as defined by Civil Code Section 3480. (Ord. 1412 — 2002 Series) Ordinance No. 1553 (201 a Series) Page 20 SECTION 18. Table 9 — Uses Allowed by Zone, Chapter 17.22: Use Regulation, of the City of San Luis Obispo's Municipal Code is replaced and amended to read as follows: CltV Or SAn LUIS OBISPO Z011111c, Ia.GUlatloils -duly 2olo TABLE 9 - USES ALLOWED BY ZONE Land Use ... .... . ... . .. ... ... . . ... ... Permit Requirettmcrrt by Zuifs,g District Siiecrtic use:'::: Regulatlona :, AG . ClOS Rt R2 R3 R4'I PF D i1 C N. C C C -D C32 C T' 'C.S M ! BP AGRICULTURE Crop production and grazing ©=©.--®------®©-- INDUSTRY. MANUFACTURING & PROCESSING. WHOLESALING Bakery, winolesale D PC PC A A A A I A PC umure an i ures anu actunng, cabinet shop PC PC A PC PC PC PC PC PC D A 17.08.110 Industrial research and de•,elopment PC PC A A. A PC D D Laboratory- Nledical. anal }2ical. research. testing PC A A A A A A Laundry, dry cleaning plant PC A A Vacation Rental Manufacturing-l-leavy I I I I 17.22.G PC I PC Manufacturing -Light I I D A A Petroleum product storage and distribution I D Photo and film processing lab A A Printing and publishing A A A Recycling facilities - Collection and processing iadliN D Recycling facilities - Scrap and dismiantling yard D Recycling facilities - Small collection facility D I D D A Storage - Personal storage facility A A Storage yard D A Warehousing, indoor storage A A PC Wholesaling and distribution A A PC ODGING Bed and breakfast inn D PC PC A A A Homeless shelter PC PC A PC PC PC PC PC PC PC PC 17.08.110 Hostel PC PC A A. A Hotel, motel A A A PC Recreational vehicle (RV) park accessory to hotel. nwtel PC Vacation Rental 17.22.G Key: A = Aflaved D =Director's Use Permit approval required PC= Planning Commission Use Pemtit approval required AM = Director's approval on ground floor, allw.,ed on second floor or above Note: Footnotes affecting specific land uses follow the table. Ordinance No. 1553 (201 u series) Page 21 -iuty 2010 TABLE 9 - USES ALLOWED BY ZONE - Continued city of san Luis owspo zonmc, necitiL Ions Lantl Use Permit Regwrerrient b1f toning Dfsaicf $peclfic use .., ttogulatiotis AG CIOS R1 R21' R3 R4 PF O'(1) C N G.0 C•D 'rC R C -T C -5' M BP:: RECREATION, EDUCATION, & PUBLIC ASSEMBLY USES BarAciver PC D D D D D D D Chapter 17.20 Club, lodge, private meetirig hall A A A A D D A A A D AjD D D D A D Commercial recreation facility - Indoor PC A A PC D D D D D(12) PC D 17.08.0,30 Commercial recreation facility - ChAdoor PC PC PC PC Educational conferences D D D D D D 17.06 0IO.C.o Fitness/healthfecilit.. H H H H H H D H A D D PC A A D 17.08.090 Golf Course I I PC A 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 dub A A A A D D D D D D Chapter 17.55 Off -site wine tasting room A A A A D A A A A A A Park, playground D D A A A A D D A A A D Public assembly facility A A A A A PC D D D D D PC Religious facility PC LD D D D A, D D D A I D(7) D(7) D (7) School - Boarding school, elementary. middle, secondary A A A PC PC D AID AID D School - College, university campus A A A (2) A A A PC A D D School - College. university - Satellite classroom facility A A A A A Chapter 1721 School - Elementary- middle. secondary, 1 PC PC D D PC D D 17.08.120 School - Specialized education/training PC I I A A A Special event D D D D D D 17.08.010 S and active recreation facility PC PC PC Spats and entertainment assembly facility H TDD PC Studio - Art, dance, martial arts, music, etc. D A PC A Theater D D Chapter 17.95 Theater - Drive-in I 1­PCT PC RESIDENTIAL USES Boardingirooming house, domtAory 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 Livehvork units I I A A. A A A 17.08.120 Mixed-use project A A A A A A PC PC 17.08.072 ktobile home as temporary residence at building site A A A A A A A A Mobile home park A A A A Multi- family dvrelli s A A A A D D Residential care facilities - g or fever residents A A A A A A I A+D 1VD AID D Residential care facilities - 7 or more residents A A A A A D AID AfD D Residential hospice facifity PC PC D PC PC D Rest home A A A A A D AID AID D Single - family dwellings A A A (2) A A A A D D Secondary dwelling units A A A A A Chapter 1721 Work/live units 1 1 1 1 D 17.08.120 Key: A = Affo:ved D = Director's Use Permit approval required PC= Planning Commission Use Pertii approval required AID = Director's approval on ground floor, alimwed on second floor or above H = Home Occupation Pemtit required Note: Footnotes affecting specific land uses follow the table. Ordinance No. 1553 (201 a series) Page 22 CIV Or SAiI LUIS OBISPO a0n11IG IzFGulatI0lIS TABLE 9 • USES ALLOWED BY ZONE • Continued _lull 2010 Land Use Parrott f2equiretriertt by Zoning District SjreeHlc use ' Regulottor�s i AG GOS R1 ..R2. 123. Rot . Pi . O 1) C N t C C D C R C T. C S `!A ! BP Auto and vehicle sales and rental D A PC Auto parts sales, with installation D15i A A Auto parts sales, without installation A D A A A Bakerv. retail A A A. A A D D Building and landscape materials sales. indoor A A A A A Building and landscape materials sales, outoor D D A A A. Construction and heave equipment sales and rental D D Convenience stare D D D A A A A D D D 17.08.055 Extended hour retail D D D D D D D Fami supply and feed store PC rA 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 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 h0.000 s , up to 140,000 sf PC PC PC Groceries, liquor, specialty foods A(10) 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 Office - supporting retail. More than 2.000. up to 5.000 sf D D A A D Outdoor temporary andlor 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 Outdoor BBQ!Gri i, accessory to restaurant D D D D D D D Service station (see also "vehicle services ") D D D U 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 Use Pemid approval required PC = Planning Commission Use Pemit approval required AID = Director's approval on ground floor, aflo.ved on second floor or abc e Note: Footnotes affecting specific land uses follow the table. Ordinance No. 1553 (201 a series) Page 23 duty '2010 TABLE 9 - USES ALLOWED BY ZONE - Continued Cltr' Of S.AII LUIS OBISPO Zonlnq PCQULxtlons Land Use . Perini't Requirernent by Zohtng District 5pecc use; Regulrttans' AG CtOS s R1 R2 : R3 . . RA' PP 0 i t CA Cam. C -0 C.k2 C -T C-S M BP 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(41 D Business support services A A A AID A A. A A Medical service - Clinic, laboratory, urgent care D(9) 1)(9) D(9) D(9) D(9) D A D D A 0(9) D(I 1) D(9) 0(11) 17.08.100 Medical service - Doctor office A A A A A A A A AID A!D A A D(i 1) D(11) 17.08.100 Medical service - Extended care PC I PC D PC PC D A A D Medical service - Hospital PC PC D D Convalescent hospital PC PC A A PC Office - Accessory D A A A A A A A A Office - Business and service A A A ArD A D 0 (4) D(4) D Office - Government D PC A A D P Office - Processing PC D D D D(4) D(4) A Office - Production and administrative PC A ATD ArD A D(4) DA A 17.08.080 Office - Professional A AID AID A A A D Office - Tempomry See Section 17 08.010.0 Photographer. photographic studio I I I A I AID I A PC I A SERVICES - GENERAI Catering service D D A D A A Cemeterv, mausoleum, columbanurn 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 (child/adult) D(9) 1)(9) D(9) D(9) D(9) A A A AYD A 0(9) D(9) D(9) D 17.08.100 Day care - Family day care home (snralVtarge) A A A A A A A A A A A A 17.08.100 Equipment rental A A D Food bankipackaged food distribution center D D Maintenance service. client site services A A PC Mortuary. funeral home D 0 A D Personal services A A A A D A D Personal services - Restricted D D Public .safety facilities PC PC Public utility facilities PC A A 17.08.080 Repair service - Equipment. large appliances, etc. A A D Residential Support Services A A A A Social service organization D A A A A D Vehicle services - Repair and maintenance - Major A A D Vehicle services - Repair and maintenance - Minor PC D A A D Vehicle services - Car.%gsh D D PC D D Veterinary clinicthospital, boarding. large animal PC PC D D Veterinary cknie ospita , r mg, sma animal, indoor D D A AID A A eterrnary clinic.1hospitil, boarding. sma animal, outdoor D Key: A = Allowed D =Director's Use Permit approval required PC= Planning Commission Use Permit approval required AID = Director's approval on ground floor, allowed on second floor or above Note: Footnotes affecting specific land uses follow the table. Ordinance No. 1553 (201 U series) Page 24 TABLE 9 - USES ALLOWED BY ZONE - Continued land Use Partntt Requlremeni by Zoning Oisiii STiecIII use Regulations AG ClOS R1 . R2 R] Rd ?PF' 0 ' 1j C N C -C' C D G?R C T. CS M ,gp TRANSPORTATION & COMMUNICATIONS Airport PC PC I PC D Ambulance, taxi, and'or limousine dispatch facrtiN A D D Antennas and telecommunications facilities D D D D D D D D D D D 17,16.120 Media Production - Broadcast studio A A +D A A A A Media Production - Backlots/outdoor facilities and soundstages D D D Heliport PC PC PC Parking facility PC(6) PC(6. PC(--) D(6) D(6) D(6) Parking facility - Multi level PC(6) PC(6' PC16) PC(6) PC(6) PC(6) Parking facility - Temporary PC D D D D D D D D 17.06.010 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 terninal A A D Water and wastewater treatment plants and ser, ices PC PC Key: A = Allowed D = Director's Use Permit approval required PC = Planning Commission Use Permit approval required AID = Director's approval on ground flow, allowed on second floor or above Note: Footnotes affecting specific land uses follow the table. SECTION 19. Chapter 17.23.040.6. of the City of San Luis Obispo's Municipal Code is replaced and amended to read as follows: 6. The maximum light intensity on a sports field shall not exceed a maintained value of 50 footcandles, when measured three feet above grade. Baseball field lighting and lighting for other recreational uses may be increased to a maintained value of 100 footcandles with approval of the Community Development Director. SECTION 20. Chapter 17.26.020.A. of the City of San Luis Obispo's Municipal Code is replaced and amended to read as follows: 17.26.20 Property development standards. The property development standards for the R -2 zone are as follows: A. Maximum density: 12 density units per net acre (see also Section 17.16.010). For a single - family residence (single unit on one lot) located in the Medium - Density Residential Zone (R -2), density unit values may be rounded up to the nearest half (.5) density unit (example: 1.37 =1.5). Condominiums and common interest subdivisions shall conform to standard R -2 density requirements where maximum density is calculated by rounding to the nearest one - hundredth unit. SECTION 21. Chapter 17.50.020.E. of the City of San Luis Obispo's Municipal Code is replaced and amended to read as follows: Ordinance No. 1553 (2 01 U series) Page 25 E. Scope of approval. The application of the PD overlay to property may include the adjustment or modification, where necessary and justifiable, of 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. The maximum density as allowed by cross -slope % may be adjusted but shall not exceed the maximum density allowed in the average cross -slope category 0 -15% for the applicable zoning district. SECTION 22. Chapter 17.58.070. of the City of San Luis Obispo's Municipal Code is replaced and amended to read as follows: 17.58.070 Requirement for and compliance with use permits. A. When more than one use permit - including more than one type of use permit - is required by individual sections of these regulations, only one use permit application need be filed and acted upon. If both an administrative use permit or permits would simultaneously be required by separate sections, one Planning Commission use permit shall be processed to cover all requirements. If an administrative use permit for site development exceptions and /or requests for shared and mixed use parking reductions, and review by the Architectural Review Commission are required, then only the architectural review application need be filed. Use permit applications for land uses pursuant to Table 9, Chapter 17.22 may not be reviewed in conjunction with architectural review and require filing of a separate application and payment of fees. B. The modification or addition to a use requiring use - permit approval shall itself be subject to use - permit approval. The addition of an allowed use to a premises occupied by a conditionally allowed use shall require use - permit approval of the type required for the existing use. The Director shall determine when such an addition or change is of such a minor or incidental nature that the intent of these regulations can be met without further use permit control. C. Any conditions established pursuant to these regulations shall be met before the use is established, except that the Director, Planning Commission, or on appeal, the Council, may establish a schedule for certain conditions to be met after establishment of the use. Continuance of the use shall then be contingent on complying with the schedule for meeting deferred conditions. D. If a structure or associated site development authorized by use permit is not issued building permits within three years of the date of approval, the use permit shall expire. Upon written request received prior to expiration, the Director may grant renewals of use permit approval for successive periods of not more than one year each. Approvals of such renewals shall be in writing and for a specific period. Renewals may be approved with new or modified conditions upon a finding that the circumstances under which the use permit was originally approved have substantially changed. Renewal of a use permit shall not require public notice or hearing, unless the renewal is subject to new or modified conditions. In order to approve a renewal, the Director must make the findings required for initial approval. (Ord. 941 - 1 (part), 1982: prior code - 9204.2(G)) SECTION 23. Chapter 17.60.050. of the City of San Luis Obispo's Municipal Code is replaced and amended to read as follows: 17.60.50 Expiration. If building permits are not issued for site development authorized by variance within three years of the date of approval or such longer time as may be stipulated as a condition of approval, the variance shall expire. Upon written request received prior to expiration, the Director may grant renewals of variance approval for successive periods of not more than one year each. Approvals of such renewals shall be in Ordinance No. 1553 (201 u aeries) Page 26 writing and for a specific period. Renewals may be approved with new or modified conditions upon a finding that the circumstances under which the variance was originally approved have substantially changed. Renewal of a variance shall not require public notice or hearing, unless the renewal is subject to new or modified conditions. In order to approve a renewal, the Director must make the findings required for initial approval. (Ord. 1006 - 1 (part), 1984: prior code - 9204.3(E)) SECTION 24. New section Chapter 17.65: Inactive Applications, of the City of San Luis Obispo's Municipal Code is hereby adopted to read as follows: Chapter 17.65: INACTIVE APPLICATIONS Sections: 17.65.010 Applications Deemed withdrawn after 180 days of inactivity. A. An application will be classified as "inactive" when the applicant has not adequately responded within 180 days to submittal items required by staff for further processing as provided in an incomplete letter. The Director shall determine when an application is in an "inactive status" and 30 day extensions may be granted at the discretion of the Director. Any determination of inactive status is subject to appeal procedures of Chapter 17.66. SECTION 25. Chapter 17.94.020 of the City of San Luis Obispo's Municipal Code is replaced and amended to read as follows: 17.94.020 Authority. This chapter establishes procedures and requirements for development agreements. The purposes specified in and as authorized by Article 2.5, Chapter 4, Title 7 of the Government Code, Sections 65864 et seq. The planning commission may recommend and the city council may enter into a development agreement for the development of real property with any person having a legal or equitable interest in such property, as provided below. At its sole discretion, the council may, but is not required to, approve a development agreement where a clear public benefit or public purpose can be demonstrated. (Ord. 1134 § 1 (part), 1989) SECTION 26. Definition of "Ambient Entertainment ", Chapter 17.100.A. of the City of San Luis Obispo's Municipal Code is replaced and amended to read as follows: Ambient entertainment. Acoustic or recorded music, or live readings of books or poetry, which is clearly incidental, that allows for normal conversation levels, and for which no cover fee or ticket is required. SECTION 27. Definition of "Building Envelope" & "Building Footprint ", Chapter 17.100.13. of the City of San Luis Obispo's Municipal Code is hereby adopted to read as follows: Building Envelope (see also Development Envelope and Coverage). The building envelope is the three dimensional space enclosed by the exterior surfaces of a building or structure. Building Footprint. The building footprint is that portion of a lot covered by a building or structure measured at the surface level, measured on a horizontal plane. SECTION 28. Definition of "Coverage ", Chapter 17.100.C. of the City of San Luis Obispo's Municipal Code is hereby added to read as follows: Ordinance No. 1553 (201 U Series) Page 27 Coverage. The area of a structure on or above the ground including upper level projections and living areas, as well as covered or uncovered decks, balconies, porches and similar architectural features expressed as a percentage of the total lot area. Uncovered decks, balconies, and porches which are 30 inches or less from the ground shall not be included in the determination of coverage. See figures 5 & 6, Section 17.16.030. Roof eaves which project 30 inches or less from the structure are not included in the determination of coverage. For roof eaves which exceed 30 inches from the structure, the first 30 inches shall not be included in lot coverage and the remaining length shall be included in the determination of coverage. SECTION 29. Definition of "Development Envelope ", Chapter 17.100.D. of the City of San Luis Obispo's Municipal Code is hereby added to read as follows: Development Envelope. (see also building envelope and coverage) That area on a lot that encompasses all development including but not limited to excavation, fill, grading, storage, demolition, structures, building heights, decks, roof overhangs, porches, patios, terraces, pools, and any areas of disturbance including access ways, and parking. Approved plantings of landscape materials on natural grade and approved walkways and driveways may occur outside of a development envelope. SECTION 30. Definition of "Hedge ", Chapter 17.100.H. of the City of San Luis Obispo's Municipal Code is hereby added to read as follows: Hedge. A barrier or boundary formed by a dense row of shrubs or low trees. SECTION 31. Definition of "Personal Services ", Chapter 17.100.P. of the City of San Luis Obispo's Municipal Code is replaced and amended to read as follows: Personal Services. Establishments providing non - medical services to individuals as a primary use. Examples of these uses include: barber and beauty shops clothing rental dry cleaning pick -up stores with limited equipment home electronics and small appliance repair laundromats (self - service laundries) massage (licensed, therapeutic, non - sexual) shoe repair shops tailors tanning salons pet grooming (indoor use only, no overnight boarding) These uses may also include accessory retail sales of products related to the services provided. SECTION 32. Definition of "Single- Family Dwelling ", Chapter 17.100.S. of the City of San Luis Obispo's Municipal Code is replaced and amended to read as follows: Single - Family Dwelling. A building designed for and /or occupied exclusively by one family, or one or more persons occupying premises and living as a single housekeeping unit which is not attached to or located on a lot with commercial uses. Single- family dwellings contain one dwelling on one lot. Single family dwellings may also include approved secondary dwelling units. 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. Ordinance No. 1553 (201 a series) Page 28 SECTION 33. Definition of "Transit Station or Terminal" & "Transit Stop" Chapter 17.100.T. of the City of San Luis Obispo's Municipal Code is hereby added to read as follows: Transit Station or Terminal. A facility or location with the primary purpose of transfer, loading, and unloading of passengers and baggage, May include facilities for the provision of passenger services such as ticketing, restrooms, lockers, waiting areas, passenger vehicle parking and bus bays, for layover parking, and interior bus cleaning and incidental repair. Transit Stop. A facility located within the public right -of -way at selected points along transit routes for passenger pickup, drop off, or transfer, but excluding areas for vehicle repair or storage, passenger ticketing and parking, which are defined as a transit station or terminal. SECTION 34. Repeal of Chapter 17.89, Water Allocation Regulations. Chapter 17.89 of the City of San Luis Obispo's Municipal Code is hereby repealed. SECTION 35. Severability. If any subdivision, paragraph, sentence, clause, or phrase of this ordinance is, for any reason, held to be invalid or unenforceable by a court of competent jurisdiction, such invalidity or unenforceability shall not affect the validity or enforcement of the remaining portions of this ordinance, or any other provisions of the City's rules and regulations. It is the City's express intent that each remaining portion would have been adopted irrespective of the fact that any one or more subdivisions, paragraphs, sentences, clauses, or phrases be declared invalid or unenforceable. SECTION 36. A summary of this ordinance, together with the names of Council members voting for and against, shall be published at least five (5) days prior to its final passage, in The Tribune, a newspaper published and circulated in this City. This ordinance shall go into effect at the expiration of thirty (30) days after its final passage. INTRODUCED on the 7th day of September 2010, AND FINALLY ADOPTED by the Council of the City of San Luis Obispo on the 5`h day of October 2010, on the following vote: AYES: Council Members Ashbaugh, Marx and Settle, Vice Mayor Carter and Mayor Romero NOES: None ABSENT: None Mayor David F. Romero ATTEST: I hereby oertify that this dnannsnt Is a true E aina Cano and accurate original of Ordinance No. /= City Clerk and that the ordinance was published punluliint to Charter Section 602. APP ED AS TO O Date City Clerk hristine Dietrick City Attorney