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HomeMy WebLinkAbout0350ORDINANCE NO. 350 (1966 Series) AN ORDINANCE AMENDING CERTAIN PORTIONS OF THE ZONING ORDINANCE BE IT ORDAINED by the Council of the City of San Luis Obispo as follows: SECTION ONE. That the following Sections of the San Luis Obispo Municipal Code shall be and are hereby amended, deleted, and changed, to read as follows: AMEND Section 9200. PURPOSE The purpose of this Chapter is to guide the growth of the City in an orderly manner, based on the adopted General Plan; and to protect the public health and general welfare by regulating the use of land and buildings, space between buildings, height of buildings, and by requiring the provision of off street parking facilities. DELETE AND AMEND the following portions of Section 9200.1 DEFINITIONS For the purpose of this Chapter, certain terms used herein are defined as follows: DELETE Alley DELETE Automobile Court DELETE Block DELETE Boarding House AMEND Building: Any structure having a roof. DELETE Building, Accessory DELETE Building, Main DELETE Business, Wholesale DELETE Building, Residential DELETE Combining District DELETE Community Center DELETE District DELETE Dwelling, Single Family DELETE Dwelling, Multiple AMEND Family: An individual or two (2) or more persons related by blood, ma iarr ge or adoption, plus not more than two (2) persons, excluding full time servants, who are not related by blood, marriage or'adoption, living together as a single housekeeping unit in a dwelling unit. DELETE Frontage AMEND- Hotel /1VIotel: A building or group of buildings, with or without kitchens, used primarily for the accommodation of the travelling public. AMEND Lot: A legally subdivided and recorded area of land having frontage on -a G�ity street, except as otherwise provided in the Municipal .Code. DELETE Motel DELETE Non - Conforming Use DELETE Nurseries Other Than Wholesale Nurseries DELETE Nurseries, 'Wholesale AMEND Parking Space: An accessible and usable space for the parking of automo es off the street which complies with the requirements of Section 9200.16.1, entitled "Parking Regulations. " DELETE Rooming House DELETE Servant AMEND Street: A public thoroughfare which affords access to abutting property. DELETE Street Line DELETE Structure DELETE Structural Alterations DELETE Trailer Court DELETE Use DELETE Use - Accessory AMEND Section 9200.2 ESTABLISHME1Vf OF DISTRICTS to read as follows: For the purpose of promoting the objectives of this Ordinance the City is hereby divided into the following Districts: District Name R -1 Residential Low Density R-2 Residential Iv edium. Density R -3 Restricted Iviultiple Family Residential R-4 General Multiple Family Residential R -H Residential High Density F: -O Residential /Office R -C Residential /Commercial C -N (C -1) Neighborhood Commercial C-2 Central Commercial C -H (C-3) Heavy Commercial M -R Research - Manufacturing M Industrial S Combining U Unclassified AMEND Section 9200.3 ZONING MAP, to read as follows: The boundaries of the Districts are shown upon the map entitled "Zoning Map for the City of San Luis Obispo, " dated January 17, 1955. This map and all amendments thereto is on file in the -office of the City Clerk and is made a part of this Chapter by reference. AMEND Section 9200.4 ANNEXATION, to read as follows: Land annexed to the City shall be designated R -1, unless prezoned for another use, except that land designated D by the County shall be annexed as PD with a primary zoning classification equivalent to that in the County. DELETE Section 9200.5 -2- AMEND Sectioh 9200. o DISTRICT REGULATIONS to read as follows: A. No land or building shall be used for any purpose or any building or structure erected or altered, except in accordance with the regulations set forth in this Article. B. Uses not listed in the Zoning District Charts (Section 9200.25) which-are similar in character to those permitted in a particular District and do not generate more traffic, parking, dust, or noise, etc., may be permitted by the Planning Director. AMEND the following portion of Section 9200.7: 1t -1 District - all dwellings: minimum off street parking required: two (2) parking spaces per dwelling, at least one of which must be covered. AMEND the following portion of Section 9200.8: R-2 District - Multiple family dwellings: minimum off street parting required: One (1) and one -half (1/2) parking spaces per unit, at least one of which must be covered. AMEND, - DELETE OR ADD the following portions of Section 9200.8.C: R-C District - Under the sub - heading Hotels and Motels, DELETE "including accessory bars and restaurants. " ADD new sub - heading: "Bars, restaurants, as separate uses (no Use Permit required) . " AMEND Offices - minimum off street parking space required: one Z ) space per three hundred (300) square feet of gross building area. AMEND Section 9200.11 to provide that the minimum off street parking required for all reta' and service uses shall be one (1) space per two hundred (200) square feet of gross building area. AMEND Section 9200.16 GENERAL REGULATIONS to read as follows: Use Permits, when required, shall be obtained according to Section 9200.17. A. Uses: 1. Mineral Extraction - Nsinerals, earth, and other natural materials on or in the ground may be removed in any District, provided a Use Permit is approved. Grading carried out in the normal course of building must comply with the requirements of the Subdivision Regulations and the Grading Ordinance. 2. Temporary Uses - s emporary uses for periods not exceed- ing two years in undeveloped areas and six (6) months in developed areas may be conducted provided a Use Permit is approved. 3. Service Stations - Service stations are permitted as speci- fied m e ,oning Districts, subject to the requirements therein and the following regulations, provided that they may be varied by the Commission to suit individual circum- stances where a Use Permit is required: -3- a. 2000 square feet of the site to be landscaped with trees, shrubs, and ground cover. b. Property lines adjoining a Residential District to be screened with a six (6) foot high visual barrier, sub- ject to the limitations of Subsection "F" (Height limits) . C. Street frontage between driveways to have low screen wall, fence, hedge, or other provision to prevent cars driving on the sidewalk. d. At least eight (8) parking spaces to be provided for customers and staff. e. Outdoor storage and display to be limited to 100 square feet in area. f. Lighting fixtures to be arranged so as not to shine directly into an adjoining residential area or a public street. g. Bells or other sound signals to be switched off after 10 :00 P. M. h. Design of service stations proposed in I -C and C -N Districts to be submitted for review with the Use Permit application. 4. Nursery - Retail nurseries are permitted in the C -N and -2 Districts, subject to the following regulations: a . No bull: storage of fertilizer, soil, or other loose material, except those packaged in containers. b. No mechanical equipment to be stored except that used for the operation of the nursery itself. 5. Public Utilities a. Distribution facilities may be constructed in any District provided that exposed equipment on the ground in residential areas on land owned or leased by utili- ties, shall be screened by means of walls, fences, or landscaping. b. Transmission lines may be constructed in any District provided the 'route is approved by the Planning Commission. C. Other unmanned public utility structures may be erected in any District, provided a Use Permit is approved by the Planning Commission. d. Telephone exchanges may be permitted in the 1 -0 and subsequent Districts provided a Use Permit is approved by the Planning Commission. One (1) off - street parking space shall be provided for each two (2) employees. 6. Signs - Signs may be erected in any District subject to the ism ations of the Sign Crdinance. B. Non - Conforming Uses: 1. A lawful use existing on the effective date of this Ordinance which does not conform to these regulations may be con- tinued, except as provided in Subsection D. If such use ceases for a continuous period of six (6) months, any subse- quent use shall conforria . 2. A non - conforming use may be changed to a use of a similar or more restricted nature provided that a Use Permit is first obtained. -4- a C. Non - Conforming Lots: A lot of less area or width than required by the Zoning or Sub- division regulations may be developed under the following circum- stances: 1. A lot with less than fifty (50) feet of frontage may be developed, provided that no adjoining lot has been iii the same ownership at any time since January 17, 1955. 2. Lots with frontages of fifty (50) feet or more recorded before January 17, 1955 "maybe developed individually regardless of ownership. D. Non - Conforming Buildings: T 1. A building which does not conform to these regulations (use, yards, height, etc.) which is damaged to an extent of more than twice its assessed value, may be restored only if made to conform. 2. Changes to interior partitions and non - structural improve- ments and repair: s may be made to a non - conforming build- ing to the extent of not more than twice its assessed value in any period of five (5) years. E . Yards: 1. %There four (S) or more lots in a block have been improved with buildings, the minimum required street yard for main buildings shall be the average of the improved lots if less than the street yard requirements herein. 2. Decorative projections, chimneys, open porches, landings, or open stairways may project three (3) feet into any re- quired yard. 3. VIherever a building setback line has been established, street yards shall be measured from such line. F . Height Limits: 1. Decorative features, service structures and mechanical appurtenances may be erected in excess of height limits, provided a Use Permit is approved. 2. I`lalls, fences, and screen planting shall not exceed the following height limits: a. Three (3) feet upon any street property line increas- ing evenly to six (6) feet at the back of the required street yard. (Diagram, A) b. Three (3) feet within any required yard within thirty - five (35) feet of the street corners of any corner lot. (Diagram B) C. Six (6) feet within any other required yard. Exceptions: 1. The specified height may be exceeded in a street yard provided a Use Permit is approved. 2. A height between six (6) and ten (10) feet may be approved by the Planning Director in any other yard if written approval is given by the adjoining property owner and tenant. G. Subdivision of Deep Lots: Large lots in P. -1 Districts which cannot be developed by the in- stallation of a standard subdivision street, either alone or in conjunction with adjoining properties, may be subdivided in the following manner: WE A 1. Use Permit: required. 2. The original lot shall have frontage on a dedicated street of at least sixty (60) feet, plus the access required to potential rear lots. 3. Access to rear shall be a minimum of sixteen (16) feet of pavement in width and shall be considered a private road fully maintained by the property owner or owners. 4. Each lot shall have yards as required in the R-1 District. A ten (10) foot yard shall be provided along the access road. 5. The area of each lot, exclusive of the access road, shall comply with the "Table of Lot Areas, " as set forth in Section 9100.2.(3)(a). 6. Any garage facing the access road shall be set back twenty (20) feet from such road. H. Appeals: 1. Any person aggrieved by a decision made under the terms of this Ordinance may appeal as follows: a. A staff interpretation may be appealed to the Planning Commission. b. A decision of the Board of Adjustments may be appealed to the Planning Commission. C. A decision of the Planning Commission may be appealed to the City Council. 2. Procedure a. Appeals must be submitted in writing within five (5) days of the decision. b. Appeals to the Commission shall be placed on the next open agenda. C. Appeals to the Council shall be advertised and posted as provided in Section 9200.17. D. 3.. Fee A non - refundable fee of Ten Dollars ($10.00) shall accompany any appeal to the City Council. DELETE Section 9200.16.1. E Appeal AMEND Section 9200.16.2.A. HOME OCCUPATIONS to read as follows: A. ' Definition: Gainful employment engaged in by the occupants of a dwelling only, subject to: 1. Incidental to residential use. 2. No display or sales on premises. No outdoor storage. 3. No signs except as permitted by the Sign Ordinance. 4. No vehicle larger than a 3/4 ton truck to be used in con- nection with Home Occupation. Provision must be made for off street parking of such vehicle in addition to standard requirements. ADD 5. Activities to be completely within an enclosed building and not encroach on any required parking space. 6. Such activities shall not interfere with the peace and quiet enjoyment of the neighborhood. 7. No employees other than residents of the dwelling. Section 9200.16.3 PERFORMANCE STANDARDS to read as follows: A . Any use established or changed after the effective date of this Ordinance shall comply with the following performance standards: 1. Fire and Explosive Hazards a . The storage, handling, and use of highly combustible or explosive materials shall be permitted only in structures of incombustible construction as required by the Uniform Building Code and City Fire Preven- tion Code. b. All buildings and materials shall be accessible to fire fighting equipment. Guidelines: 1. No building to be more than three hundred fifty (350) feet from a standard City fire hydrant. 2. Unobstructed paved access ten (10) feet wide and ten feet six inches (10' 6') high to within two hundred (200) feet of any part of a building. 2. Waste Materials a. Solid wastes shall be stored in sealed containers and disposed of at sufficient intervals so as not to create a fire or safety hazard. b. No liquid wastes shall be discharged into the storm water system or natural water course or ditch with- out written approval of the City Engineer. C. No wastes shall be discharged into the sanitary sewer system containing chemicals, grease, or other matter which could be harmful to the sewers or treatment process. (Refer to Section 7501 Municipal Code.) Such waste shall be'disposed of in accordance with the City Plumbing Code. 3. Smoke and Particulate Matter a. The emission of smoke, flyash, dust, or gases into the atmosphere from any source shall be restricted by the use of appropriate equipment so as not to ex- ceed the following limits: i. Smoke measured at the point of discharge into the air shall not exceed a density of No. 1 on the s ingelman Smoke Chart as published by the U. S. Bureau of Mines, except that smoke of a density not darker than No. 2 of the Ringelman Chart may be emitted for not more than three (3) minutes in any hour. ii. The total weight of soot, flyash, dust, or similar matter measured at all stacks shall not exceed one (1) pound per hour per acre of lot area developed. b. Stockpiles of materials, ground surfaces, etc., shall be treated or covered to'prevent dust blowing beyond the boundaries of the lot. -7- !11 1( 4. Glare and Heat a. Any operation producing glare or heat shall be per- formed within an enclosed building in a M IR District .. and in a CH District on lots adjoining residential Districts. b. Similar operations in a CH or M District shall be screened so as not to be visible at lot lines. 5. Odor No odors to be detectable at lot lines without the aid of instruments. 6. Noise No sound shall be detectable at lot lines in excess of the following (except aircraft or railroad equipment): Frequency Range (cycles per second) Max. Decibels 20 - 300 60 300 - 2,600 40 Over - 2400 30 Correction Factors: Daytime operation (7 :00 AM' - 10:00 P1V4 +5 Impulse or screeching -5 7. Vibration No earth - shaking vibrations perceptible without aid of instruments permitted beyond lot lines. 8. Radioactivity or Electrical Disturbance Radioactivity or electrical disturbance which could adversely affect the operation of any equipment beyond the boundaries of the lot shall not be created. 9. Lighting Sources of light for the spotlighting or floodlighting of build- ings, parking lots, or grounds, shall be shielded so as not to be directly visible to residential properties or public streets. 10. Landscaping a. All portions of the lot which are not improved shall be landscaped or maintained in an orderly natural state. b. A six (6) foot fence or screen of trees and shrubs sufficient to create a year -round visual barrier shall be installed and maintained by any developer who: i. Establishes an industrial or commercial oper- ation (C, M, or U Districts) adjacent to exist= ing residential development (R or U Districts). ii. Erects any residential building (: or U Districts) adjacent to existing commercial or industrial development (C, M, or U Districts). Procedure 1. Plans submitted in application for a building permit shall in- clude three (3) sets of drawings, calculations, and an engineer's certificate or letter showing to the satisfaction of the Building Inspector that the site layout, design of the building, and the equipment, if properly used, will comply with the requirements of the Performance Standards. -8- ATMEND y 2. In the event of a complaint or evidence that the Standards are not being complied with, a City Building Inspector will in- spect the property and if, in his opinion, it appears that the standards are being violated, the City Council may hire a qualified consultant to take measurements. 3. if the consultant finds that the Standards are not being com- plied with, the occupant of the building shall pay his fee and be responsible for making the necessary corrections. 4. If the consultant finds that the complaint is not justified, his fee shall be paid by the City. Section 9200.17 USE PERMITS AND VARIANCES to read as follows: A. Use Permits: Uses designated as requiring a Use Permit may only be established if approved in accordance with the following procedures. B. Variances: Lot dimensions, coverage, yards, and parking requirements may be relaxed by the Planning Commission in accordance with the following procedure, subject to the findings required by Sub- section E. 2. C . Application: Application shall be made to the Planning and Building Department accompanied by the plans required by the application form. and the following fees: Use Permit - $10:00 Variance - 25.00 D. Public Hearings: A public hearing shall be held after giving ten days notice of the time and place in a newspaper of general circulation in the City and by posting the property involved. Exception - See Subsection G.3. E. Action by the Commission: 1. Use Permits: a. Use Permit applications shall be considered by the Planning Commission except those specified in Sub - section G. In order to grant a Use Permit, the Commission shall find that the proposed use will not be detrimental to the health, safety, or welfare of persons working or living in the vicinity. b. The Planning Commission may deny or designate such conditions in connection with the Use Permit as it deems necessary to secure the purposes of this Chapter. 2. Variances: In order to grant any Variance, the findings of the Planning Commission shall be: a. That there are exceptional circumstances applying to the site, such as size, shape, or topography, which do not apply generally to land in the vicinity with the same zoning. b. That the Variance will not constitute a grant of special privilege inconsistent with the limitations upon other properties in the vicinity with the same zoning. -9- WA 5 C. That the granting of such application will not ad- versely affect the health, safety, or general welfare of persons residing or working in the vicinity. F. Board of Adjustments: 1. Membership: The Board of Adjustments shall consist of the Planning Director, City Engineer, and City Clerk, or their authorized representatives. 2. Powers: The Board may grant Use Permits for the following. Its findings shall be as provided in Subsection E.1. a . Mineral Extraction b. Service Stations C. Nurseries d. Non - conforming Uses e. Height Exceptions f. Subdivision of Deep Lots g. Home Occupations h. Model Home and Sales Office i. Offices j . Hotel /Motel k. Drive -Ins 1. Signs 3. Procedure: a. A public hearing shall be held by the Board of Adjustments after posting the property at least five (5) days beforehand. b. A decision shall require a unanimous vote. Otherwise, the application shall be referred to the Planning Commission. C. The Board shall render its decision within ten (10) days of the hearing. G. Appeal: See Section 9200.16.H. Section 9200.17.1 REVOCATIGN OF USE PERMITS OR VARIANCES to read as follows: A. A Use Permit or Variance shall be automatically revoked if not used within one year, unless a longer period is specified in the approval. B. A Use Permit or Variance may be revoked by the Commission if any of the conditions are violated. The Commission :shall hold a hearing on any proposed revocation after giving written notice to the permittee at least ten (10) days beforehand. -10-