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HomeMy WebLinkAbout0177n I I MI)IL I.ANCE HOO 177 , (196 I series) &I ORDINANCE. AMENDING AND ADDING CERTAIN SECTIONS TO CI'& UR 2, ARTICLE IX OF THE SAN LUIS OHISPO MUNICIPAL CODEb DE IT O1%DA sue' D by the Council of the City of San Luis Obispo as follows SECTION la rhat Section 9200.1(ab)(1) and Sevbio n 92C001(ab)(2) siaa3,1 yb9}e��/a�n{d��gayrfe hereby added to Section 9200.1.,, enticed �DzFINIT.-L0NSO',. and shaU 8ectio n 9200t,1(ab)(l)* XUR,SEkLM MIM 'I`tM TMOLEVLLE NURMIESo The retail handling of aW article substance or c rw dity related to the occupation of gardening.,, inc1.� the sale of plants, shrubs,, traes ,, packaged fertilizers, soils., chemicals and other nursery ,goods and rem lsated products. This use specifjca r Prohibits the fo7.lawi.ng: The propagation of any picots, s brif'os or similar flora,, or the sued ing of such in pots., cans or other ssi mil a .containers larger than a ten gale Ion capacity, The sale or bulk storage of fertj3 izers,, soils, chwd eal!.,s vad other garden supplies, The use of the promises as P. plzee of lbusinesa, office or other agency fora lAndscape contractor and /or gardesdng service. Section 9200,1(ab)(2)c. NuRs1 as. WHOLE: All. nux -jexi.es other then those defined in faction. 9200a:t(ab)(1) of this Section.. . ST0PTTON 21 That 4e. tion 9209p12(b) in the C -1 Die ict a hall be and is hereby added to read as fo1.].c m.— Section 9200411.(b) . :HUTtSMIES .O= TJltld WHOLE&US MiRS&. MO I=IUDUTr iDPE�T.AT� �. CONDITI OZ8 DIS MIC T AND SIB T10K NiDER C-1 SWUM 92004n(b)- bne but the foll ow.Lng uses, or uses N seams � other #ti olewl e w1doh, in the opinion of .the PUrmi.sng mwserleaj itwludi% open-air sales Conlaiesa:i o n, are similar ar �.�.3.. be allwed, rise. Permit Require, :k.Lwm A.'�.: otwole Height Hi ad aam Buhl dinng Site Required w Sq, Ft, QCk m ner Lot interior Lot Milimum Scat uldth required Garner Lot Interior Lot Kaxi num allowable lot coverage by buildings or structures frozxt ,yw.,d required unless OtherWise tndicatad on zoning map Mess 359 50� Sc�cD .ea Ten (10) feet except where the fronts gzr in a blorlc is partial.1y in an fiRn DIU- tirict;, in which case the fro? stiall be thy+ eamrz an the yard required f o:° such tBRIO Distrie,, /77 Nini=z Side Yard Required Cornea Lot Line Interior Lot mine Minimum A= Yard Required CcTner Lot Interior 14t Lot Area per Ferd.a,,y unit ® Sq. ft. Minimum riff -stmet parking apace required. Tile long Co esion W prescribe the amount of parking for uses not listed herein, `he side yard requirement f or corner lets shall be four (la) feet provided that ire there is reversers frontage the side yard shall be cane tm3lf G.) the yard required or existing on the key iota Nonea except where the side of a lot abuts on An "R" Distri et,, in which case the side yard shall be not less than five (5) f eeto Inane$ except where the rear of a lot abuts on tux "R" District,,., in iftch case the rear yard shall be not bass than ten (10) feet:, None,, e=ept there the rear of a lot abuts on an "R" District, in which case the rear yard shall be not less than ten (10) feet. QUC4 1 parking spare for each 21000 square feet of lot area not wverad by buildingsy plus 1 space for each 200 square :feet of building area not used exclusive y for the protection of plants. SECTION 3* This ordinaxce, together with the ayes and noes., shall be Dublished orze in gulf at least three days before its final passage, in the Telegram- Ti- lbunea a newspaper published and circulated in said City,, and the same shall go into effort at Us expi.ratim of thirty days after its fi,-aal passage® I1TURC UCEZ AND FASM, M PRINT th1 3 day of January 1961 by the following roll call vote: AW,v Kenneth W. Jones, Donald Q. Miller, Gerald W. Shipsey. NOES.- J. Barry Smith, Fred M. Waters. ABSENT% None ATfES Ts M3 •~ �Vb9 a a FINALLY PASSED this 16th day of January 1961, by the following roll call vote: AYES: Kenneth W. Jones, Donald Q. Miller, Gerald W. Shipsey. NOES: J. Barry Smith, Fred M. Waters. ABSENT: None Mayor ATTEST: CITY C Honorable Mayor and City Council San Luis Obispo, California Gentlemen: )BISPO CALIFORNIA STATE POLYTECHNIC COLLEGE rnrr�rrrw.�r� n AAN - December 16, 1960 Subject: Report on the;Proposed Amendment Allowing Open -air Nurseries in a C -1 Zone. This proposal was originated by Mr. Albert H. Nelson, who wished to have an open -air nursery on his property on Olive Street, across from the Put Put Golf Course. The Planning Commission has held two public hearings and the matter has been advertized in the newspaper. There has been no person appear in opposition to this zone change and there has been only Mr. Stanley H. Nelson appearing in favor of the zone change. The Commission is generally of the opinion that the C -1 zone should be kept a neighborhood commercial district and should not be unrestricted so as to allow all of the uses allowed in a C -2 or central commercial district. The Commission believes that the breaking point should be based upon the needs of the neighborhood served by any particular por- tion' of a C -1 zone and a'deti:rmination as to whether a particular busi- ness or it's operation sells a product that must be sold in such numbers as to require it's hig,be.st percentage of sales to be from other than the immediate neighborhoods. With this in mind, the Commission has attempted to limit the scope of operation of retail nurseries in such a manner that they would not create traffic congestion, noise, odors, etc. The definition is, therefore, quite lengthy, but very necessary. The propogation of plants necessarily requires bulk fertilizers to be scattered in some instances. Mechanical plow machines would be operated and other operations that may not be compatible with other uses allowed in the immediate neighborhood. The bulk storage or sale of fertilizers has been eliminated for the same rea- son: The Commission has had experience in the past where approval of a nursery later became quite a problem because of the storage of bulk fertilizers. The use of the premises as a place of business for a land- scape contractor and /or gardening service was also felt undesirable due to the fact that it would be impossible for this type of operation to Honorable Mayor and City Council *2-, December 16, 1960 exist without bulk storage of chemicals and fertilizers and quite probably a number of mechanical gardening devises that would require up -keep, re- pair, tuning, etc., which the Commission feels should not be allowed in the neighborhood retail zone. By defining NURSERIES OTHER THAN WHOLESALE, it follows that it is necessary to define NURSERIES, WHOLESALE, consequently the second portion of the amendment is proposed. The requirements as to height, site area, lot width and so forth are to remain exactly the same as other C -1 uses. The parking requirement naturally cannot be related to any of the other requirements for the existing uses in the C -1 zone properly, because of the outdoor display and sale features of this proposed use. The provisions for parking were originally determined by Mr. Wise and myself, based on various parking requirements through-,out the nation, as well as from past experience. The requirements proposed are considerably less than the same use in other parts of the state; for instance, road -side stands in some instances are required to have six (6) off - street parking spaces, plus one (1) space for each 125 square feet of stand area. In some instances the setback has been required to provide from between 35 feet to 55 feet. The park - ingrequirement recommendations have, therefore, been revised by the Commission from their experience in granting past use permits and the need for parking on a local basis. For your further information, attached hereto are copies of the minutes of the Planning Commission meeting of December 6, 1960, and in case they have been misplaced, excerpts from the meetings of November 1, 1960, and November 17, 1960, are enclosed regarding this change of zone. If you have any further questions on this matter please feel free to give me a call, either at the office or home. Respectfully, W. Abraham. Director of Planning & Building JWA /pb Encl. 4 NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the City Council of the City of San Luis Obispo will hold a Public Hearing on the Resolution of the City Planning Commission No. 358 -60, recommending an amendment to section 9200.11 of the Municipal Code to allow open air nurseries and sale of related products in a C -1 zone. SAID HEARING will be held at 5:00 P.M. January 3, 1961 in the City Council Chambers at the City Hall, 990 Palm Street, San Luis Obispo, California. BY ORDER OF THE CITY COUNCIL J. H. FITZPATRICK City Clerk r IMINUTES - CITY PLAM'1MG CU1101ISSYUN CITY OF SAN LUIS OISISFOa CALIFU:- 41A REGULAR MESETING, PuTOV&IBER 17,, 1960 The meeting was called to order at 7s4,,' P.M. *with Chr;i.rmtan Carpenter presiding. PRESENT :. Commissioners Johnson, Schwartz; Cole., Carpenter, Lenger and Scutt., ABSENT: ColimissJioner Lrrl CITY STAFF PRESENT: David. Romero, C tj- Hou -.er,, City Attorney- Bunten Walter, Assistant .a.r?. _(�:sa���7'3 x1u 1`,, F t'G'ipatr1ck., City Clerk- Capt. Woodward, Fire lvk� xzshal J, W.; �ihral�a��� Dinector of Planning and Building, The approval of the Yd.n tes of thi of Nov.-,:m!:er 1, was continued until the regular meeti_rgs of 'eceir.11 � r 3. Written Communications - Nlon..e 4. Oral. Communications - Not10 5. Amendment of the Zoning Ordinance, (Secondi. PiYblic Hearing) Albert Nolson, Lot 5, Block °176� Old Towle Tract-, Assessor3s No,, 1..1.12 -06, 1038 Olive, C ®l zone e The applicant reolaeats an of Section (,;200, -X". to allay open-air nurseries and the sale of relate-al relate-al prcl,ic s in a C -l. zon . This being the time 4nd the place s. -;t fo�th for th, second hearing on this amendment, the Clha i:i wan C o-c l are el 'i,h i.s hear —ii ng open. Mr,, Nelson appeared on behalf of t:':,; rc: quev, `'or the amendment. During the ensuing discuzsi,: n .t was br..)u it t out that, the propvsed busi- ness to be located on 1161r4 prop,. y ;street idill primarily be concerned t-dith! raaai a.�ile of laJ:r e jr sock in pots and cans Lap to five (5) gallons, bulk fort:ala.zc:rs i.n insecticides in bottles. and packc;iges and the no =val pest would be nata led, and there would be no wholesale or propr-C_,at :.n of plaWts. Commissioner Lenger arrived at this 7:45 The Chairman reminded the that tbey uere considering an amond- went to the C -1 zone;,, w 'Wh would effect all.. L�.asfiitig, C-1 areas and those areas proposed as C -1 in the futun°e and that the d,?.scLassion should be con- fined as much as possible to the mc:.nriunity ode aspects rather than con- sidering the effect by the -:`,se of llx� Ne x. Del s property only,., Commissioner Lenger stated that the local -ion propoosd by M u Nelson could not be utilized by the adjacent neighborhord,,. The Chairman stated he believed il. :to ;al.c; be a ccessraxyy .1 "i rst of ra.11 for tho Comadssi.on to crake a proper fief:ini.tioja fc)r � pis of open-air defining th; A type and possibly the amount of matef,ials to be sold on the prer.,dses and that the amount of parking should be consiAered &-id possibly other improvements should be re -oL real., The Chairman Further requested the Pommi.ssion to consider the advi.s:ibi'�.aty of r6nuiring a use ,emit for this use in a C -i zone. e onciesioner Lenger suggested t'ha.t, nurseries F:�-_ wi_t, a use permit, and determine the condition: of the usr aeon re viet-s e:? %3.a-_h application, Cdow,Aesioneb'. Scott suggested a study : b the nr!rJ -1n be made at this ti-me so that it woulez be sp-alle -1 nu., i r; is Orl.ir,:.ace in the same manner as the: othar C -1 uses F ora . ap -Ul(:d out. Ccymi.ssi.oner Cole indicated his feelin3 thaat col14,i b con.sidored at the tLme of granting a use parr t. Commissioner Schwartz stated he felt that all, _f the use Permit shoidd be set et, m within ti-ie- Qrd QE_-xnV.v to -'alc u, the a�plicar. to be aware of any oondi.•:iors that c „omld be ;_, cess �k v s.nrt -.. i:hJ_z3 t Li.-, d <e did not have the slightest idea. of a, ipa7- F'Ang r�iti o f'oK° th.'s The Cha: r;mn sug&pesterd the continuation. of M;is Iterr,, tc a'ilow the Ga=, - esi.on to study rvglaations necessary with thiG of ue v Cm- missi.oner Schwartz suggosted -bh;;. rose r,6 sal es! ui:th plants in cans not larger than five! (5) '?'h qt no u-,. Fertilizers be allo. ,, ?ed and that the premises vscu s. Pa,A- is ;:d as a horj.:r base for landscape gardnem The Chairmn stated that during the di3c 7 -s” a -� t be. � ,,r, �� s� ��rr z a: - .r'v:! tee be of the opinion to &Uara tho rnursey--y in E� <<.:'�A', a iasz C-11a from there can it would bt a matter for the �;r,?- v�;:�: "A or. tc st d-"y' the Cu'-d" t .f'- foam that would app)q It was ru,.a e d by Comaia3ioner Schwartz., '4y CK��'-tr %• -„ o?:�.~i^.MBL�i 1 l-'O- .l.'.ga1. and urmini musly appro, min I to continue this item nnt?.1. of" cr 6th to al-low the Ccadssion to 5€udy trzc r v °hiO z 12se permit could be granted for a nurser in a C -a, fr,:no. The Planning Director was inst ruated to xpal p � i st of that had b --cn mentioned and to obtain ^? nfo nlat io n g'^?Y1 -,!nv relative to this subject,: 6. Variance ArLn Arbor Estates, Lot 5$ Block BP 'Tract 112033 3 584 Oa as .Coi►rtM C zone, .the applicant renuests a variance of one .foot (11) -_',A the rear yard re:- ouiremertso The public hearing on this application tas owned. E;y -they The CIS.. -nary asked. Mr.- Helms the area and t>'se doptt of 11-he tot involved in this application,, Mr. Helms i'i#Llicated the area of the lot was ir. t:� O'�,9=) S'�tlx' ro A eet .eithy�a{�mmpi�rdmy�am depthyof igC0 fry'ea ,, i`lra lie:.rs ,jrt N. -a that ?L� feglt the yard in the rear of this proposed d�Y}:L.�!Iin .4 ,3 �`AG,I��i w4i �:* ; ae a tile 24 ABSENT: Commissioners Scott and Colo. Thereby approvd.ng the application for a use permit to allow student housing on the propez-ty described above,, subject to the following conditions: a. The use permit is granted until the end of the school term in September, 1961. b. Adult supervision is to:•be inaintained in connection with this use permit. c. The building is to be approved by the Building Department. d. The applicants are to maintain all possible available parking existing on the rear of this property. e. Every effort is to be exercised by the applicant to control u=arranted noise in the neighborhood by the students. S� Amendment of the Zoning Ordinance (First Public Hearing) Albert Nelson, Lot 5, Block 76, Old win Tract, Assessor's No. 1- 112 --06, 1038 Olive, C-1 zone; The applicant requests an amendment of Section 9200.11 to allow open -air nurseries and the sale of related products in a C--1 zone. The first public hearing on this application was opened by the Chairman. The Chairman indicated he would like to postpone the second hearing until tho meeting of Doce b :2r 6. therebi ®'ein;; the gym;=- 3sion to study tha3 ratter ab the next stud�r 303al'on of h ®vr;;rzaaA .e2Y 1960. - - Commissioner Lenger indicated there would be a suggestion -to change the November 22nd study session to the 15th.later on in the agenda. Commissioner Lenger reviewed a past experience with a nursery permit and recalled a. discouraging experience regarding storage of fertilizers in quantities and the many complaints received from the neighbors an the sure ro-mding area. The Chairman reminded the Commission that if this amendment were a,_provoed it would allow nurseries in any location within a C -1 zone. Commissioner Law recommended the Commission study the various uses and methods of operation that could be involved. Commissioner Schwartz stated that the Commission certainly must pin down a definition for the type of nursery' operation that would be approved. Commissioner Lenger suggested the requirement of a use permit so that this type of operation would be revieieed as to the spacific operations involved in each paeAcular case and the Commission could then decide on the control necessaU. The Chairman appointed Commissioners Law and Schwartz as a committee of two to go into the rrarW ramifications regarding the nurrsezr use and to bring 'rack a recommendation to the Commission for a suitable definition. *l& The first public hearing on this application for an Amendment to teas iuni.cb pal Code. teas closed by the Chairman. The next public hearing will be on November 17, 1960. 9. Use Permit O.ODonnell Insurance Service, lots 7 &. 8, Block 12, Central Addition,, Assessor °s No. 2- 342 °3a 1327 Marsh Street, R-4 zone. The applicant requests a professional office (Insurance,, real estates and mimeographing service) in an R-4 zone, The public hearing on this application was opened by the Chairman. The .Pla.ming Director informed the Comnssion they - roul.d be required to first make a finding that a mimeographing service was similar to the uses allovied under the professional use category,, If the finding was in. the affirmative they should then consider the use permit application. Mr. 05Donnell appeared on his own behalf in support of the application and expl a~.ned the method a operation„ Mr.. O'Donnell stated that this type of sen?ice renuired an electrical mimeograph machine,, an electrical typewriter., a folding machine and that the operation included a mailing service,, some of the material is picked up at various locations in town,, some of it is mailed in to the office and that a portion of the business includes printing and mailing out such group bulletins as the Kiwanis© and Lions9 weekly newsletters, tie further :indicated that possibly from 20 to 25 people would visit the premises upon full development of the property. Mr. 09Donnell told the.Cosmnission.he had originally secured a use permit for a home occupation and believed this additional use would be considered as a part of his original use permit, hwvever, upon talking with the Plate ning Director and the City Attorney, he r€. ,red the prosent proceedure was . necessary. A lengthy discussion followed regarding; the definition of the mimeograph sery i.ce and the machines that would be used; At this time Commissioner Cole arrived, 8:45 P.M., Commissioner Sc;ikrartz' x'eminded the' C6=i.st on that the category "professional office" was definitely being abused and the Commission has in the past and is no-w considee ring; a use that is mor6 a ser*ice type operation than a pro - fessi.onal office operat .on, The public hearing eras ' closed. On motion of Commissioner Lenger; secondead by Co. missioner 7 awl Resoliebion No, 345 -60 vias adopted by the following, roll call votes AYES. c:omrnissianer' s Lair, Lenger, Schwartz, Catpsnter and Johnson. NOES: hone ABS074T. Commissioner. Soot„ ABSTAINING: Commissioner Cole by reason of his late arrival. Thereby determining that a mimeographing service is similar to the prof essiorA- office use with the provision that this use would be limited to a . stencil type.. duplication machine and may. include, a folding; and mailing service, RESOLUTION h0, 358 -60 RECOMMEDING AN AA,`EI D17M OF SECTION .9200.11 OF MUNICIPAL CODE TO AL. L011 OPEN-AIR NURSERIM AIM SALE OF REUTED PRODUCTS IN A C-»1 ZONE. WHEREAS, the Planning Comi.sgsi.on of the City of San Luis Obispo, California, has received the application of Albert Nelson to emend Section 9200.11 of the City Municipal Code to allow open -air nurseries and the sale of related pro- ducks in a C-1 zone; and MMEAS, said Co=ission has considered this amendment and held two public hearings thereon; NM, THEREFORE, BE, IT RESOLVED., that it is the opinion of the City Planning Corr lion that the public necessity and convenience and the general welfare require such an amendment; and further, reeomend that the San Luis Obispo City Council amend Section $20001, entitled "Definitions", by adding the follomng: NURSERIES OTHER THAN WHOLESALE NURSERIES The retail handling of any article substance or eormodity related to the occupation of gardening, inclaing the sale of plants, sshrabs, trees, ppaackaged fertilizers,, soils, chemicals and ether nursery oods and re- 1.ated products„ This use specifically prohibits the Bowing: The propagation of any plants, shrubs or similar flora, or the storing of such in pots,, cans or other ssimdla containers larger than a ten gal- lon capacity. The sale or bulk storage of fertilisers,, soils, chemi- cals and other garden supplies, The use of the premises-as-a place of business, office or other agency for a landscape contractor and /or gardening service NURSERIES, k�EOLESALE All nurseries other than those defined in the section above. And that Section 9200,13. (b) In the C-1 district be amended to s7J.m7 nurserios,, providing a use permit is first secured, and that the requirements as to hei.gpht, site area.$ lot width,, lot coverage, yards, and lot area per family area be the same as the other uses in the 0-1 stone and that the minimum off - street parking space requirements be as follows: One (1) parking space for each 2,000 square feet of lot area not covered by buildings- plus one W space for each 200 square feet cif building area not us ;A exclusivefor the protection of plants, Regularly passed and adopted by the City Planning Commission of the City of San Luis Ob sspo California, this 6th day of D..�.em ,- , fry the foll.oi ring voce -re, AYES: Commissioners Lenger,.Law, Cole, Carpenter, Schwartz and Johnson. NOES: None ABSFAiT: Commissioner Scott, W. Abraham Director of Planning & Building COPIES: Applicant., City Council, Zoning Ordinance Pile, Resolutions File, Building Dept, RESp�� *359-60 . No,