Loading...
HomeMy WebLinkAboutItem B1 - Staff ReportMeeting Date: August 14, 2018 Item Number: B1 2X1 ADMINISTRATIVE REVIEW BOARD AGENDA REPORT SUBJECT: Appeal of Administrative Citation for use not allowed by zone. PROJECT ADDRESS: 600 Tank Farm BY: John Mezzapesa, Code Enforcement Officer Phone Number: (805) 781-7179 E-mail: jmezzapesa@slocity.org FROM: Cassia Cocina, Acting Code Enforcement Supervisor RECOMMENDATION: Uphold the Administrative Citation for use not allowed by zone. SITE DATA SUMMARY On February 6, 2018 Code Enforcement staff received a request for field investigation regarding the possible storage of vehicles on an unimproved lot at 600 Tank Farm. Staff performed an inspection from the right of way and verified that the lot was being used to store new vehicle stock for the local Honda dealership. Within the week staff received contact from the property owner who explained the use of a “storage yard”, including the storage of vehicles, was accepted as a legal non-conforming use prior to annexation into the city. The property owner provided an email from a former city planner dated September 2014 as evidence of the non-conforming use. The email was ultimately insufficient in showing that the parcel has once been used as a “storage yard” as defined by County use regulations. A Notice of Violation (Attachment 1) was issued on February 22, 2018 citing a land use violation under section 17.22.010 (A) of City Zoning Regulations. A Request for Director’s Review (Attachment 2) was submitted by the property owner which was denied (Attachment 3). Additional correspondences between the property owner, planning staff and the Community Development Director took place after the Director’s Decision which resulted in the same conclusion as previously decided. Appellant Ty Safreno, Property Owner Zoning BP-SP Appeal Submittal July 2, 2018 General Plan Business Park Site Area ~6.39 Acres Code Violation SLO Municipal Code §17.22.010 (A) Staff Report Administrative Review Board Meeting of 8/14/2018 B1 - Administrative Citation Appeal Staff Report – 600 Tank Farm Road July 26, 2018 Page 2 Code enforcement staff performed additional inspections on three separate occasions confirming the continuing use violation (Attachment 4). As a result of the continued violation, an administrative citation was issued on June 21, 2018 (Attachment 5). The citation has been appealed by the property owner (Attachment 6). 1.0 BOARD’S PURVIEW The role of the Administrative Review Board is to either uphold or revoke the administrative citation based upon a conclusion of whether the violation occurred. San Luis Obispo Municipal Code 1.24.130. 2.0 PROJECT INFORMATION 2.1 Site Information/Setting The subject property is located on Tank Farm Road in San Luis Obispo. The immediate neighborhood consists of a combination of unimproved land, open space, service commercial and a mobile home park. According to city records the parcel was annexed into the city limits in 2007. Site Size ~6.39 Acres Present Use & Development Unimproved land Access Tank Farm Road Surrounding Use/Zoning North: BP-SP (Legal non-conforming use) South: SLO County (Unimproved land) C/OS-SP (Conservation/open space) C-S-SP (Service Commercial) East: C/OS (Conservation/open space) R-2-SP (Medium density residences) West: SLO County (Unimproved land) 2.2 Background February 6, 2018 Code Enforcement staff received a request for field investigation regarding the possible storage of vehicles on an unimproved lot at 600 Tank Farm. February 8, 2018 Staff performed an inspection from the right of way and verified that the lot was being used to store new vehicle stock for the local Honda dealership. A business card was left with the Honda staff on site requesting contact from the business manager or property owner. An email correspondence was received the same day from the Service Manager at Sunset Honda. Code Enforcement Staff replied explaining the nature of the complaint and requested any land use approval documentation for the storage of vehicles. February 13, 2018 Staff spoke to the property owner, Ty Safreno, via telephone. Mr. Safreno explained that he has confirmed with past city staff that the property falls into a legal non-conforming status for the storage of vehicles. City staff requested documentation to show past city approval exists. Staff Report Administrative Review Board Meeting of 8/14/2018 B1 - Administrative Citation Appeal Staff Report – 600 Tank Farm Road July 26, 2018 Page 3 February 21, 2018 An email correspondence was provided by the property from a former city planner dated September 2014 as evidence of the non-conforming use (Attachment 7). The email was ultimately insufficient in showing that the parcel has once been used as a “storage yard” as defined by County use regulations. An additional inspection was performed which found the violation to still exist. February 22, 2018 A Notice of Violation was issued citing a land use violation under section 17.22.010 (A) of City Zoning Regulations. Mr. Safreno was contacted via email of the decision to move forward with code enforcement action. February 27, 2018 A Request for Director’s Review was submitted by the property owner claiming that the use of the parcel has not changed from a “storage yard and vehicle storage” since February 2007. March 28, 2018 A Director’s Determination was issued which upheld the violation. A new deadline of April 27, 2018 was given for compliance. April 25, 2018 An email correspondence was received by the Community Development (CDD) Director from Mr. Safreno requesting clarification of the decision made in March. April 30, 2018 Code enforcement staff performed an inspection verifying that the violation continued to exist. The CDD Director requested that planning look into the historical use of the property. Planning staff replied confirming that there is no record of a storage yard use being approved for the property, either as a use permit or business license. Per planning staff, additional time for the property owner to reply was requested of code enforcement. May 7, 2018 Code enforcement staff performed an inspection verifying the continued use violation. June 19, 2018 Code enforcement staff performed an inspection verifying the continued use violation. June 21, 2018 An administrative citation was issued. July 2, 2018 An appeal of the issued administrative citation was received. Staff Report Administrative Review Board Meeting of 8/14/2018 B1 - Administrative Citation Appeal Staff Report – 600 Tank Farm Road July 26, 2018 Page 4 2.3 Appeal The Appellant refutes the applicability of the violations stating Uses Allowed by Zones - San Luis Obispo Municipal Code § 17.22.010 (A). 3.0 APPEAL EVALUATION 3.1 Consistency with Zoning Regulations The property in question is zoned as Business Park as part of the Airport Area Specific Plan. At the time of annexation in May of 2007 the only use on the property, which continues today, was that of a landscaping business which utilized a small portion of the property for what appears to be landscaping supplies and vehicle related to the landscaping business. The majority of the property is left as unimproved land which can be confirmed in aerial photos dating from 1996-2007 (Attachment 8). The evidence submitted by the appellant to show that a non-conforming use of a storage yard and/or vehicle storage is an email correspondence between the property owner and planning staff. The email is in reference to a potential zoning change in which the city planner states, “..the landscape supply business may continue for as long as you wish, consistent with the City’s Non-Conforming use regulations…” A review of county permit records (Attachment 9) shows no previous approvals for a storage yard, either as a use permit or business license. Current City Zoning Regulations do not allow the use of a storage yard and/or parking facility, permanently or temporarily, in the Business Park zone. (Attachment 10). 4.0 CONCLUSION The parcel in question was annexed into the city in May of 2007. City regulations regarding non- conforming uses allow for the previous use to continue as a non-conforming use provided the use does not change, cease for continuous period of six months or is replaced by another non-conforming via use permit approval. At the time of annexation in 2007, the only use on the parcel in question was for a small landscaping business. The parcel was used as a base of operations for the landscaping business which stored commercial vehicles and landscaping materials. No other approvals for a storage yard or any other use were granted. In February of 2018 city staff documented the use of the parcel as a vehicle storage area for Sunset Honda. The storage of vehicles was cited as a use violation. The current property owner claims that the parcel has been used as “storage yard” as defined by the county since before annexation in 2007. Aerial photography from 1996, 2000 and 2004 show the parcel as vacant land. Aerial photography from 2007 shows the presence of the above-mentioned landscaping business. Although the property owner maintains that the parcel has been used as a storage yard since before annexation, sufficient evidence has not been provided to show the use existed. In the absence of Staff Report Administrative Review Board Meeting of 8/14/2018 B1 - Administrative Citation Appeal Staff Report – 600 Tank Farm Road July 26, 2018 Page 5 evidence that the storage of vehicles is a non-conforming use, current Zoning and Use Regulations apply. Current City Zoning Regulations do not allow the use of a storage yard and/or parking facility, permanently or temporarily, in the Business Park zone. By continuing to store vehicles on the lot the property is in violation of zoning regulations. 5.0 ALTERNATIVES 1. Grant the appeal based on different or modified findings. 2. Continue the action and request that staff and/or the appellant provide more information. 3. Uphold the violation. 6.0 ATTACHMENTS 1. Notice of Violation (February 22, 2018) 2. Request for Director’s Review (February 27. 2018) 3. Director’s Decision (March 28, 2018) 4. Inspection Records 5. Administrative Citation (June 21, 2018) 6. Administrative Citation Appeal (July 2, 2018) 7. Email Correspondence 8. Aerial Photos 9. County Permit Records 10. SLOMC 17.22.010 Staff Report Administrative Review Board Meeting of 8/14/2018 B1 - Administrative Citation Appeal Administrative Review Board Meeting of 8/14/2018 B1 - Administrative Citation Appeal Attachment 1 Administrative Review Board Meeting of 8/14/2018 B1 - Administrative Citation Appeal Attachment 1 Administrative Review Board Meeting of 8/14/2018 B1 - Administrative Citation Appeal Attachment 1 Administrative Review Board Meeting of 8/14/2018 B1 - Administrative Citation Appeal Attachment 1 Administrative Review Board Meeting of 8/14/2018 B1 - Administrative Citation Appeal Attachment 1 Administrative Review Board Meeting of 8/14/2018 B1 - Administrative Citation Appeal Attachment 1 Administrative Review Board Meeting of 8/14/2018 B1 - Administrative Citation Appeal Attachment 1 Administrative Review Board Meeting of 8/14/2018 B1 - Administrative Citation Appeal Attachment 1 Administrative Review Board Meeting of 8/14/2018 B1 - Administrative Citation Appeal Attachment 1 Administrative Review Board Meeting of 8/14/2018 B1 - Administrative Citation Appeal Attachment 1 Administrative Review Board Meeting of 8/14/2018 B1 - Administrative Citation Appeal Attachment 2 Administrative Review Board Meeting of 8/14/2018 B1 - Administrative Citation Appeal Attachment 2 Administrative Review Board Meeting of 8/14/2018 B1 - Administrative Citation Appeal Attachment 2 Administrative Review Board Meeting of 8/14/2018 B1 - Administrative Citation Appeal Attachment 3 Administrative Review Board Meeting of 8/14/2018 B1 - Administrative Citation Appeal Attachment 3 INSPECTION WORKSHEET (CODE-12054-2018) [Auto]Case Number:Case Module:Permit Management 02/08/2018 FailedInspection Status:Inspection Date: Code ViolationInspection Type:Inspector:John Mezzapesa Job Address:Parcel Number:600 Tank Farm Rd San Luis Obispo, CA 93401 053-421-006 Company Name NameContact Type SANTA FE TECHNOLOGY LLC Checklist Item CommentsPassed A.General Inspection Comments False Inspection found mulitple new vehicles parked on site that appear to be back stock for a Honda dealership. July 25, 2018 Page 1 of 1 Administrative Review Board Meeting of 8/14/2018 B1 - Administrative Citation Appeal Attachment 4 Inspection 2/8/18 Administrative Review Board Meeting of 8/14/2018 B1 - Administrative Citation Appeal Attachment 4 INSPECTION WORKSHEET (CODE-12121-2018) INQR-2018-0631Case Number:Case Module:Permit Management 02/21/2018 FailedInspection Status:Inspection Date: Code ViolationInspection Type:Inspector:John Mezzapesa Job Address:Parcel Number:600 Tank Farm Rd San Luis Obispo, CA 93401 053-421-006 Company Name NameContact Type SANTA FE TECHNOLOGY LLC Checklist Item CommentsPassed A. General Inspection Comments False Use of vehicle parking and storage continues. July 25, 2018 Page 1 of 1 Administrative Review Board Meeting of 8/14/2018 B1 - Administrative Citation Appeal Attachment 4 INSPECTION WORKSHEET (CODE-12506-2018) CODE-001073-2018Case Number:Case Module:Permit Management 04/30/2018 FailedInspection Status:Inspection Date: Code ViolationInspection Type:Inspector:John Mezzapesa Job Address:Parcel Number:600 Tank Farm Rd San Luis Obispo, CA 93401 053-421-006 Company Name NameContact Type SANTA FE TECHNOLOGY LLC Property Owner SANTA FE TECHNOLOGY LLC Checklist Item CommentsPassed A. General Inspection Comments False The parcel is still being used to store vehicle stock for the Honda dealership. July 25, 2018 Page 1 of 1 Administrative Review Board Meeting of 8/14/2018 B1 - Administrative Citation Appeal Attachment 4 Inspection 4/30/18 Administrative Review Board Meeting of 8/14/2018 B1 - Administrative Citation Appeal Attachment 4 INSPECTION WORKSHEET (CODE-14347-2018) CODE-001073-2018Case Number:Case Module:Permit Management 05/07/2018 FailedInspection Status:Inspection Date: Code ViolationInspection Type:Inspector:John Mezzapesa Job Address:Parcel Number:600 Tank Farm Rd San Luis Obispo, CA 93401 053-421-006 Company Name NameContact Type SANTA FE TECHNOLOGY LLC Property Owner SANTA FE TECHNOLOGY LLC Checklist Item CommentsPassed A. General Inspection Comments False Inspection found all vehicles to remain on the site. Violation still exists. July 25, 2018 Page 1 of 1 Administrative Review Board Meeting of 8/14/2018 B1 - Administrative Citation Appeal Attachment 4 Inspection 5/7/18 Administrative Review Board Meeting of 8/14/2018 B1 - Administrative Citation Appeal Attachment 4 INSPECTION WORKSHEET (CODE-15761-2018) CODE-001073-2018Case Number:Case Module:Permit Management 06/19/2018 FailedInspection Status:Inspection Date: Code ViolationInspection Type:Inspector:John Mezzapesa Job Address:Parcel Number:600 Tank Farm Rd San Luis Obispo, CA 93401 053-421-006 Company Name NameContact Type SANTA FE TECHNOLOGY LLC Property Owner SANTA FE TECHNOLOGY LLC Checklist Item CommentsPassed A. General Inspection Comments False The storage of vehilce was confirmed to continue during inspection. July 25, 2018 Page 1 of 1 Administrative Review Board Meeting of 8/14/2018 B1 - Administrative Citation Appeal Attachment 4 Inspection 6/19/18 Administrative Review Board Meeting of 8/14/2018 B1 - Administrative Citation Appeal Attachment 4 Administrative Review Board Meeting of 8/14/2018 B1 - Administrative Citation Appeal Attachment 5 Administrative Review Board Meeting of 8/14/2018 B1 - Administrative Citation Appeal Attachment 5 Administrative Review Board Meeting of 8/14/2018 B1 - Administrative Citation Appeal Attachment 5 Administrative Review Board Meeting of 8/14/2018 B1 - Administrative Citation Appeal Attachment 5 Administrative Review Board Meeting of 8/14/2018 B1 - Administrative Citation Appeal Attachment 5 Administrative Review Board Meeting of 8/14/2018 B1 - Administrative Citation Appeal Attachment 5 Administrative Review Board Meeting of 8/14/2018 B1 - Administrative Citation Appeal Attachment 5 Administrative Review Board Meeting of 8/14/2018 B1 - Administrative Citation Appeal Attachment 5 Administrative Review Board Meeting of 8/14/2018 B1 - Administrative Citation Appeal Attachment 5 Administrative Review Board Meeting of 8/14/2018 B1 - Administrative Citation Appeal Attachment 5 CAT Y GA Rev. 6/2017 JU- n 2 2018 Administrative Citation Appeal ForRp CITY CLERK This request to appeal must be received by the City Clerk within 10 days of date of the citation to be considered timely filed. Please submit any supporting documents or photos with this farm. 1. Appellan . Mr. Mrs./ Ms. NameAQP---Zc Phone god - -W) - Z9 S Email `ry. 5A FW-qz-No `rl u5--A u -m oAAmo,_j . C_O r Mailing Address?. P. 35" irr, 2.6 SAN L0s 3615 CA G 31D(0 City 66N UU t S O L3 S State CA Zip Code 3 iA If Applicable) { Business Name ` NOLDG Business License # 2. Interest in Citation. (Place X in front of selection) A. Charged personally B. Charged as the C. Acting as the legally authorized Agent owner of the property of the cited business or homeowner 3. Administrative Citation. Date of Citation LZI 18 Citation Number 13404 Address of property cited or location where an individual was cited: Citation Address (vIO -Tpt e- t pe_wl QnAf> City 6A (J (-UX S b Q I S v State CA Zip Code 611!A0[ Municipal code section(s) violated: l Z Z . O 10 A Code violation(s) being appealed: I1 1 . ZZ . 010 LIA' 4. Reason for appeal. Give a brief statement of why you are appealing and why the notice of violation/administrative citation should be revoked, modified or otherwise set aside. The AMOUNT of the fine cannot be reduced on appeal. Attach additional sheets as necessary. Any documents or photos you wish to submit in support of your appeal should be included with this form. (number of sheets attached AVIS I D a 5 p 19_eC-To2S PES ) r v w t A2 t` A NON — CDN4 Oo&41N t7SE ) UsE IN .P/ACE PZ'02 7U An10&-Xsa rZa /v AND /AJ ConnrnuoS USE w 1T7-(ou7_ S) X MONTH gyp, 7?f'C D t r- rc ?' CC 15 71"fe De-rwv r'ti.on of y.4,20 5Pgc- E U N D t-2 r?'f-6- . lOF 6LO VL14se-5 OcFrt-t oN of YA-D Sp4ce- u& D -2 CAU N OF SLID W rfi c N A Ll o -u S VETA I G L 6M Z -A -b . A Le:- trL' Fe o/y- ou2 LA lf> A rW_A l-Y M3 FoLL&%J e 401,100,y Questions about this form or the appeal process? Contact the City Attorney's Office at Room 10, City Hall (990 Palm Street) or (805)781-7140 Administrative Review Board Meeting of 8/14/2018 B1 - Administrative Citation Appeal Attachment 6 Administrative Citation Appeal Form Questions about this form or the appeal process? Contact the City Attorney's Office at Room 10, City Hall (990 Palm Street) or (805)781-7140 S. Election of Appeal Process. Note: All Administrative Citations written for violation of Title 15 of the Municipal Code (building and related codes), even if other code violations are also cited, will be automatically heard by the Construction Board A eals. Election of Hearing Officer review is not valid and your check for $281 must accompany this appeal form.. . . . . . For Administrative Citations that do not charge a violation of Title 15, you must make a choice of an appeal process. (1) At no charge, you may choose an expedited, less formal appeal process of review by a _Hearing Officer, whose final decision may be appealed directly to the superior court for de novo review pursuant to Government Code Section 53069.4. (2) However, if you wish to retain your right to challenge the Administrative Citation, or any final city action related to the citation, in court by any writ action, you must appeal to the Administrative Review Board for a more formal, comprehensive hearing to ensure preparation of an adequate administrative record, and pay an appeal fee of $281. Only one appeal process may be chosen, and once chosen, the election is final. Failure to make a selection will result in the appeal being assigned to a Hearing officer for review and will constitute a failure to exhaust administrative remedies for purposes of any subsequently filed writ action. I have read the above and choose: (Place X in front•of selection) A. My administrative citation includes a Title 15 violation requiring review by the Construction Board of Appeals. My check for $281 is enclosed B. More formal appeal to Administrative Review Board. Mytheck for $281 is enclosed. C. Expedited appeal to Hearing Officer 6. Election to forego an in-person hearing. . It is your right under San Luis Obispo'Municipaf Code Section 1.24, no matter which appeal process is chosen, to have an in-person hearing. If you choose, you may forego this right and have your appeal reviewed on the record, which will include all documentsyob submit and all those provided by the City. By checking this box I am indicating I do not want an in-person hearing 7. Truth of Appeal. I declare under penalty of perjury that all of the facts stated in this appeal are true and that this appeal form'was signed on: ` I at SAN 01)15 08 Date City State If different from the address in Paragraph 1, the official mailing address to receive further notices from City relating to the appeal is: Street Address City State Zip T ignature of Appellant Print name of Appellant Mail or Deliver in person to: City Clerk's Office, 990 Palm St., San Luis Obispo, CA 93401 Administrative Review Board Meeting of 8/14/2018 B1 - Administrative Citation Appeal Attachment 6 Community Development 9'13 PJ in SUar,i IIII I -A ] 101 321 3 PC. 5l41 I1'0 March 28, 2018 COPY DIRECTOR'S DECISION AFTER REVIEW OF NOTICE TO CORRECT/NOTICE OF VIOLATION TY SAFRENO 19500 WALNUT AVE ATASCADERO, CA 93422 Subject Address: 600 TANK FARM APN: 053-421-006 Action Reviewed: SLOMC 17.22-010 A Case #: CODE -1073-2018 Date of Notice: 2/22/201 Date of Request for Director's Review: 2/26/201 Pursuant to Section 1.24.090 of the San Luis Municipal Code the Community Development Director shall review all contested notices to correct and/or notices of violation. The Director has reviewed your submitted request for review and has made the following determination: The Request is denied and the action(s) reviewed is UPHELD. COMMENTS/REASONING: Upon further review, the existing use of the property is recognized as Storage Yard. This use is defined as, the storage of various materials outside of a structure other than fencing, either as an accessory or principal use. This is a nonconforming use within the B -P -SP zone, and would allow for the storage of materials associated with the landscape business. A Storage Yard use does not include vehicle storage. Vehicle storage is classified in the Zoning Regulations as a Parking Facility, which is defined as a surface parking lot or parking structure that is a primary use of a site. Parking Facility is not an allowed use within the B -P -SP zone. Zoning Regulations, section 17.10: Nonconforming Uses, states that; A nonconforming use may be replaced with another, provided that an administrative use permit is approved by the Director. The Director must find that the new use has similar or less severe impacts on its surroundings in terms of noise, traffic, parking demand, hours of operation and visual incompatibility. The applicant shall submit evidence of the date when the original nonconforming use was established. Administrative Review Board Meeting of 8/14/2018 B1 - Administrative Citation Appeal Attachment 6 ry If Parking Facility is the desired Use of the property. The existing, nonconforming, Storage Yard use can be replaced with a Parking Facility use consistent with this language. Please contact the Planning Division of the Community Development Department to discuss this application and what may be required for this change of Use. Please take action to correct the code violation (s) by April 27, 2018. Failure to do so may result in the issuance of an Administrative Citation and a fine or other enforcement action. Subsequent violations of the above -stated Codes within the next twelve months may result in the immediate issuance of additional Administrative Citations and further enforcement action. This decision is not appealable, but any challenges to the director's decision may be raised as part of an appeal from an administrative citation (if an administrative citation has been issued or is subsequently issued in connection with the Notice) pursuant to Section 1.24.100. Thank you for your cooperation in maintaining your property and in preserving the beauty and unique character of our City. Sincerely, i,la Iron Community Development Director Administrative Review Board Meeting of 8/14/2018 B1 - Administrative Citation Appeal Attachment 6 Administrative Review Board Meeting of 8/14/2018 B1 - Administrative Citation Appeal Attachment 7 Administrative Review Board Meeting of 8/14/2018 B1 - Administrative Citation Appeal Attachment 7 Administrative Review Board Meeting of 8/14/2018 B1 - Administrative Citation Appeal Attachment 7 Administrative Review Board Meeting of 8/14/2018 B1 - Administrative Citation Appeal Attachment 7 Aerial Photos of 610 Tank Farm (APN 053-421-006) Circa 2007 Circa 2004 Administrative Review Board Meeting of 8/14/2018 B1 - Administrative Citation Appeal Attachment 8 Circa 2000 Circa 1996 Administrative Review Board Meeting of 8/14/2018 B1 - Administrative Citation Appeal Attachment 8 Administrative Review Board Meeting of 8/14/2018 B1 - Administrative Citation Appeal Attachment 9 Administrative Review Board Meeting of 8/14/2018 B1 - Administrative Citation Appeal Attachment 9 Administrative Review Board Meeting of 8/14/2018 B1 - Administrative Citation Appeal Attachment 9 Administrative Review Board Meeting of 8/14/2018 B1 - Administrative Citation Appeal Attachment 9 Administrative Review Board Meeting of 8/14/2018 B1 - Administrative Citation Appeal Attachment 9 Administrative Review Board Meeting of 8/14/2018 B1 - Administrative Citation Appeal Attachment 9 Administrative Review Board Meeting of 8/14/2018 B1 - Administrative Citation Appeal Attachment 9 Administrative Review Board Meeting of 8/14/2018 B1 - Administrative Citation Appeal Attachment 9 Administrative Review Board Meeting of 8/14/2018 B1 - Administrative Citation Appeal Attachment 9 Administrative Review Board Meeting of 8/14/2018 B1 - Administrative Citation Appeal Attachment 9 17.22.010 Uses allowed by zones. A. Status of Uses. Uses within zones shall be as provided in Table 9, subject to subsections B through J of this section. In Table 9, symbols shall have these meanings: A The use is allowed; D If the director approves an administrative use permit as provided in Sections 17.58.020 through 17.58.070, the use may be established; PC If the planning commission approves a use permit as provided in Sections 17.58.020 through 17.58.070, the use may be established; A/D The use is allowed above the ground floor. If the director approves an administrative use permit, it may be established on the ground floor. Special notes affecting the status of uses, indicated by number in Table 9, may be found at the end of the table. B. Airport Land Use Plan and Airport Overlay Zone (AOZ). Development and uses within airport land use plan safety zones S-1b, S-1c, and S-2 are subject to requirements of Chapter 17.57, Airport Overlay Zone (AOZ). Development and uses within the runway protection zone (RPZ) and ALUP area S-1a shall be consistent with provisions of the ALUP. Most areas within the airport overlay zone (AOZ) are located within specific plan areas. Areas within the AOZ which are located in specific plans designated with SP zoning shall follow regulations within their respective specific plans. C. Interpretation of Use Listing. These regulations are intended to permit similar types of uses within each zone. The director, subject to the appeal procedures of Chapter 17.66, shall determine whether uses which are not listed shall be deemed allowed or allowed subject to use permit approval in a certain zone. This interpretation procedure shall not be used as a substitute for the amendment procedure as a means of adding new types of uses to a zone. D. Principal and Accessory Uses. Listed uses are principal uses. Accessory uses are allowed with principal uses. E. Production and Sales. Where manufacturing is allowed, incidental sale of items made on the premises is allowed. When sale of a particular type of item is allowed, craftsman-type production of such an item for sale on the premises is allowed. F. Public School Uses. See Section 17.36.030 concerning uses which may be established within public schools. G. Prohibition of Drive-Through Facilities. Drive-through facilities are not allowed in any zone. H. Prohibition of Vacation Rentals. Vacation rentals are not allowed in any zone. The San Luis Obispo Municipal Code is current through Ordinance 1645, and legislation passed through March 20, 2018. San Luis Obispo Municipal Code 17.22.010 Uses allowed by zones.Page 1 of 12 Administrative Review Board Meeting of 8/14/2018 B1 - Administrative Citation Appeal Attachment 10 I. Prohibition of Mineral Extraction. Commercial mining is prohibited in city limits. J. Specific Plan Consistency. Some land subject to city zoning is also subject to one of several specific plans, which are intended to provide additional policies and development standards for the development of those areas. Land within specific plans, designated by the SP zoning, may be subject to further restrictions. The list of uses and permit requirements in the specific plan shall prevail. Table 9: Uses Allowed by Zone Land Use Permit Requirements by Zoning District Specific Use RegulationsAG C/OS R1 R2 R3 R4 PF O(1)C-N C-C C-D C-R C-T C-S M BP AGRICULTURE Crop production A A A D D Grazing A A Greenhouse/plant nursery, commercial PC PC Community gardens D D D D D Livestock feed lot PC PC INDUSTRY, MANUFACTURING & PROCESSING, WHOLESALING Bakery, wholesale A A PC Furniture and fixtures manufacturing, cabinet shop D A Industrial research and development PC D D Laboratory – Medical, analytical, research, testing PC A A A A Laundry, dry cleaning plant A A Manufacturing – Heavy PC PC Manufacturing – Light D A A Petroleum product storage and distribution D Photo and film processing lab A A Printing and publishing A A A The San Luis Obispo Municipal Code is current through Ordinance 1645, and legislation passed through March 20, 2018. San Luis Obispo Municipal Code 17.22.010 Uses allowed by zones.Page 2 of 12 Administrative Review Board Meeting of 8/14/2018 B1 - Administrative Citation Appeal Attachment 10 Recycling facilities – Collection and processing facility D Recycling facilities – Scrap and dismantling yard D Recycling facilities – Small collection facility D D D A Storage – Personal storage facility A A Storage yard D A Warehousing, indoor storage A A PC Wholesaling and distribution A A PC LODGING Bed and breakfast inn D PC PC A A A Safe parking PC (13) PC (13) PC (13) PC (13) PC PC PC PC PC PC PC PC PC 17.08.115 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, motel PC Vacation rental 17.22.010(G) RECREATION, EDUCATION & PUBLIC ASSEMBLY USES Club, lodge, private meeting hall D D A D A/D D D D Commercial recreation facility – Indoor PC D D D D D(12) PC D 17.08.060 Commercial recreation facility – Outdoor PC PC Educational conferences D D D D 17.08.010(C)(6) Fitness/health facility D A D D PC A A D Golf course PC Library, museum PC D D D D The San Luis Obispo Municipal Code is current through Ordinance 1645, and legislation passed through March 20, 2018. San Luis Obispo Municipal Code 17.22.010 Uses allowed by zones.Page 3 of 12 Administrative Review Board Meeting of 8/14/2018 B1 - Administrative Citation Appeal Attachment 10 Library, branch facility D D D D Night club D D D D D D PC(14) Chapter 17.95 Park, playground D D A A A A D D A A A Public assembly facility PC D D D D PC Religious facility PC D D D D A D D D A D(7) D(7) D(7) School – Boarding school, elementary, middle, secondary PC PC School – College, university campus PC School – College, university – Satellite classroom facility School – Elementary, middle, secondary PC PC D D PC D School – Specialized education/training PC A/D A/D A A A Special event D D D D D D D D D 17.08.010 Sports and active recreation facility PC PC PC PC Sports and entertainment assembly facility PC PC Studio – Art, dance, martial arts, music, etc. D D A/D A/D A PC A Theater PC(8) D D D D Chapter 17.95 Theater – Drive-in PC PC RESIDENTIAL USES Boarding/rooming house, dormitory PC D D D Chapter 17.20 Caretaker quarters A A A A A A A A A A A A A A A D Convents and monasteries PC A A D Fraternity, sorority PC PC High occupancy residential use D D Home occupation H H H H H H H H H H H H H H 17.08.090 Live/work units A A A A A 17.08.130 The San Luis Obispo Municipal Code is current through Ordinance 1645, and legislation passed through March 20, 2018. San Luis Obispo Municipal Code 17.22.010 Uses allowed by zones.Page 4 of 12 Administrative Review Board Meeting of 8/14/2018 B1 - Administrative Citation Appeal Attachment 10 Mixed use project A A A A A A PC PC 17.08.072 Mobile home as temporary residence at building site A A A A A A A A Mobile home park A A A A Multifamily dwellings A A A A D D Residential care facilities – 6 or fewer residents A A A A A A A/D A/D A/D D Residential care facilities – 7 or more residents A A A A A D A/D A/D D Residential hospice facility PC PC D PC PC D Rest home A A A A A D A/D A/D D Single-family dwellings A A A(2) A A A A D D Accessory dwelling units A A A A A Chapter 17.21 Work/live units D D 17.08.130 RETAIL SALES Auto and vehicle sales and rental D A PC Auto parts sales, with installation D(5) A A Auto parts sales, without installation A D A A A Bakery, retail A A A A A D D Bar/tavern D D D D D D Building and landscape materials sales, indoor A A A A A Building and landscape materials sales, outdoor D D A A A Construction and heavy equipment sales and rental D D Convenience store D D D A A A A A D D D 17.08.095 Extended hour The San Luis Obispo Municipal Code is current through Ordinance 1645, and legislation passed through March 20, 2018. San Luis Obispo Municipal Code 17.22.010 Uses allowed by zones.Page 5 of 12 Administrative Review Board Meeting of 8/14/2018 B1 - Administrative Citation Appeal Attachment 10 retail D D D D D D D D Farm supply and feed store PC A A Fuel dealer (propane, etc.) D A Furniture, furnishings, and appliance stores A A A A General retail – 2,000 sf or less A(3) A A A A General retail – More than 2,000 sf, up to 15,000 sf D(3) D A A General retail – More than 15,000 sf, up to 45,000 sf D A A D General retail – More than 45,000 sf, up to 60,000 sf D A A General retail – More than 60,000 sf, up to 140,000 sf PC PC PC Groceries, specialty foods A(10) A A A PC Liquor store/alcohol sales D D D D PC 17.11 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 sf, up to 5,000 sf D D A A D Wine tasting room – off site D D D D D D D Outdoor temporary and/or seasonal sales See Section 17.08.020 17.08.020 Produce stand D D A A A A Restaurant A A A A A D D Restaurant with late hour alcohol service D D D D D D D Chapter 17.11 & 17.100.180 The San Luis Obispo Municipal Code is current through Ordinance 1645, and legislation passed through March 20, 2018. San Luis Obispo Municipal Code 17.22.010 Uses allowed by zones.Page 6 of 12 Administrative Review Board Meeting of 8/14/2018 B1 - Administrative Citation Appeal Attachment 10 Outdoor BBQ/grill, accessory to restaurant D D D D D D D Service station (see also Vehicle services) D D D D A 17.08.030 Vending machine See Section 17.08.050 17.08.050 Warehouse stores – 45,000 sf or less gfa D D D Warehouse stores – More than 45,000 sf gfa PC PC PC SERVICES – BUSINESS, FINANCIAL & PROFESSIONAL ATMs A A A A A A A A A Banks and financial services A A A A D(4) D(4) D Business support services A A A/D A A A A Medical service – Clinic, laboratory, urgent care D D D A D(11) D(11) Medical service – Doctor office A A/D A/D A D(11) D(11) Medical service – Extended care PC PC D PC PC D Medical service – Hospital PC PC Convalescent hospital PC PC Office – Accessory A A A A A A A A Office – Business and service A A A/D A D(4) D(4) D Office – Government D PC A A PC Office – Processing D D D D(4) D(4) A Office – Production and administrative A A/D A/D A D(4) D(4) A Office – Professional A A/D A/D A D Office – Temporary See Section 17.08.010(C) Photographer, photographic studio A A/D A PC A SERVICES – GENERAL The San Luis Obispo Municipal Code is current through Ordinance 1645, and legislation passed through March 20, 2018. San Luis Obispo Municipal Code 17.22.010 Uses allowed by zones.Page 7 of 12 Administrative Review Board Meeting of 8/14/2018 B1 - Administrative Citation Appeal Attachment 10 Catering service D D A D A A Cemetery, mausoleum, columbarium PC PC PC PC PC PC PC PC PC PC Copying and quick printer service A A A A A A A A Day care – Day care center (child/adult) D(9) D(9) D(9) D(9) D(9) A A A A/D A D(9) D(9) D(9) D 17.08.100 Day care – Family day care home (small/large) A A A A A A A A A A A A 17.08.100 Equipment rental A A D Food bank/packaged food distribution center D D Maintenance service, client site services A A PC Mortuary, funeral home D D 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 D A A A D D D Vehicle services – Repair and maintenance – Major A A D Vehicle services – Repair and maintenance – Minor PC D A A D Vehicle services – The San Luis Obispo Municipal Code is current through Ordinance 1645, and legislation passed through March 20, 2018. San Luis Obispo Municipal Code 17.22.010 Uses allowed by zones.Page 8 of 12 Administrative Review Board Meeting of 8/14/2018 B1 - Administrative Citation Appeal Attachment 10 Carwash D D PC D D Veterinary clinic/hospital, boarding, large animal PC PC D D Veterinary clinic/hospital, boarding, small animal, indoor D D A A/D A A Veterinary clinic/hospital, boarding, small animal, outdoor D TRANSPORTATION & COMMUNICATIONS Airport PC PC PC D Ambulance, taxi, and/or limousine dispatch facility A D D Antennas and telecommunications facilities D D D D D D D D D D D 17.16.120 Heliport PC PC PC Media production – Backlots/outdoor facilities and soundstages D D D Media production – Broadcast studio A A/D A A A A Parking facility PC(6) PC(6) PC(6) D(6) D(6) D(6) Parking facility – Multilevel PC(6) PC(6) PC(6) PC(6) PC(6) PC(6) Parking facility – Temporary PC D D D D D D D D 17.08.010 Railroad facilities D A Transit station or terminal PC PC PC D A Transit stop A A A A A A A A Truck or freight terminal A A D Water and wastewater treatment plants and services PC PC Key: A = Allowed D = Director’s use permit approval required PC = Planning commission use permit approval required The San Luis Obispo Municipal Code is current through Ordinance 1645, and legislation passed through March 20, 2018. San Luis Obispo Municipal Code 17.22.010 Uses allowed by zones.Page 9 of 12 Administrative Review Board Meeting of 8/14/2018 B1 - Administrative Citation Appeal Attachment 10 A/D = Director’s approval on ground floor, allowed on second floor or above H = Home occupation permit required Note:Footnotes affecting specific land uses follow the table. Notes to Table 9: 1. O Zone – All Uses. A use permit is required for the conversion of residential structures to nonresidential uses. In order to approve a use permit, the director shall first find that: a. The location, orientation, height, and mass of new structures will not significantly affect privacy in nearby residential areas; and b. The project location or access arrangements will not significantly direct traffic to local streets in nearby residential areas; and c. The project includes landscaping and yards that adequately separate parking and pedestrian circulation areas from sites in nearby residential areas. 2. R-1 Zone – Multiple Dwellings. Except for condominiums, the construction of more than one dwelling on a parcel in the R-1 zone requires administrative use permit approval. R-1 density standards apply. 3. C-N Zone – Limitations on Floor Area. A general retail use in the C-N zone shall not exceed a gross floor area of two thousand square feet for each establishment, or a combined floor area of all general retail establishments within a shopping center of twenty-five percent of the total floor area in a shopping center with a gross floor area of fifteen thousand square feet or more; and shall not exceed fifty percent of the total floor area in a shopping center with a gross floor area of less than fifteen thousand square feet. The administrative use permit may provide for exceptions to the floor area limitations above. For general retail uses up to a parcel not located within a shopping center, an administrative use permit shall be required to ensure consistency with policies of the general plan land use element and compatibility with surrounding uses. 4. C-S and M Zones – Required Findings for Offices. The approval of an office facility in the C- S or M zone shall require that the review authority first find that: a. The project will be compatible with existing and allowed land uses in the area; b. The project location or access arrangements will not significantly direct traffic to use local or collector streets in residential zones; c. The project will provide adequate mitigation to address potential impacts related to noise, light and glare, and loss of privacy, among others, imposed by commercial activities on nearby residential areas, by using methods such as setbacks, landscaping, berming and fencing; d. The project will not preclude industrial or service commercial uses in areas especially suited for these uses when compared with offices; and e. The project will not create a shortage of C-S or M zoned land available for service commercial or industrial development. 5. C-R Zone – Auto Sound System Installation. Auto sound installation services may be approved only as an accessory use to the retail sales of auto sound systems on the same site. Use permit review shall consider parking space displacement, noise from the operation, and the appearance and visibility of the installation area. The San Luis Obispo Municipal Code is current through Ordinance 1645, and legislation passed through March 20, 2018. San Luis Obispo Municipal Code 17.22.010 Uses allowed by zones.Page 10 of 12 Administrative Review Board Meeting of 8/14/2018 B1 - Administrative Citation Appeal Attachment 10 6. Parking as a Principal Use. Use permit approval may include deviations to otherwise applicable setback requirements and building height limits. A multi-level parking facility shall require the approval of a use permit by the planning commission. 7. Religious Facilities. a. C-S Zone Requirements. Use permit review shall consider that the C-S zone is primarily intended to accommodate uses not generally suited to other commercial zones because of noise, truck traffic, visual impacts and similar factors. A use permit may be approved only when the religious facility will not likely cause unreasonable compatibility problems with existing or likely future service commercial uses in the vicinity. Use permit conditions may include measures to mitigate incompatibility. b. C-T and M Zone Requirements. A religious facility use may be allowed only inside an existing building. 8. PF Zone – Theaters. Only nonprofit theaters are permitted. 9. Day Care Centers. Allowed by right where accessory to a church or school, or where an employer provides on-site child care to fourteen or fewer children for the exclusive benefit of employees, providing the primary use meets city parking standards. 10. Groceries, Liquor, Specialty Foods in the C-N Zone. In the C-N zone, grocery, liquor and specialty food stores under three thousand square feet are allowed. Such uses with a gross floor area between three thousand and five thousand square feet are allowed with the approval of an administrative use permit. Stores between five thousand and ten thousand square feet may be approved by planning commission use permit. In order for a use permit to be approved by the hearing officer or by the planning commission, the deciding body must find that the proposed use is compatible with surrounding uses and the surrounding neighborhood, and that the use is consistent with the purpose and intent of the neighborhood commercial designation as discussed in the general plan. 11. In order to approve a medical service in the C-S or BP zones, the hearing officer must make the following findings: a. The proposed medical service is compatible with surrounding land uses. b. The proposed medical service is located along a street designated as an arterial or commercial collector in the circulation element and has convenient access to public transportation. c. The proposed medical service will not significantly increase traffic or create parking impacts in residential neighborhoods. d. The proposed medical service is consistent with the airport land use plan. e. The project will not preclude service commercial uses in areas especially suited for these uses when compared with medical services. f. The project site can accommodate the parking requirements of the proposed medical service and will not result in other lease spaces being under-utilized because of a lack of available parking. 12. C-S Zone – Required Findings for Indoor Commercial Recreational Facilities. Commercial indoor recreational uses in the C-S zone shall not include less than ten thousand square feet gross floor area per establishment. The approval of an indoor commercial recreational facility in the C-S zone shall require that the review authority first find that: The San Luis Obispo Municipal Code is current through Ordinance 1645, and legislation passed through March 20, 2018. San Luis Obispo Municipal Code 17.22.010 Uses allowed by zones.Page 11 of 12 Administrative Review Board Meeting of 8/14/2018 B1 - Administrative Citation Appeal Attachment 10 a. The proposed use will serve the community, in whole or in significant part, and the nature of the use requires a larger size in order to function; b. The project will be compatible with existing and allowed land uses in the area; c. The project location or access arrangements will not significantly direct traffic to use local or collector streets in residential zones; d. The project will not preclude industrial or service commercial uses in areas especially suited for these uses when compared with recreational facilities; and e. The project will not create a shortage of C-S zoned land available for service commercial development. 13. Safe Parking. Safe parking is only allowed in the R-1, R-2, R-3 and R-4 zones when accessory to a public assembly use, such as a club, lodge, private meeting hall or religious facility. Safe parking is prohibited as a primary use in the R-1, R-2, R-3 or R-4 zones and in all applicable zoning districts on properties that contain residential uses as the primary use. 14. Night Club Use in the BP Zone. Night clubs shall be allowed only in the BP zone of the Airport Area Specific Plan. Refer to the Allowed uses, Table 4.3, of the Airport Area Specific Plan for more information. (Ord. 1634 § 5, 2017; Ord. 1629 § 2 Ex. A, 2016; Ord. 1610 § 3, 2014; Ord. 1606 § 7, 2014; Ord. 1592 §§ 6, 7, 2013; Ord. 1591 §§ 15, 18, 19, 28, 2013; Ord. 1578 § 5, 2012; Ord. 1571 § 17, 2012; Ord. 1553 § 18, 2010; Ord. 1528 § 3 Ex. A (part), 2009; Ord. 1500 § 3 (part), 2007; Ord. 1497 § 2, 2006; Ord. 1462 § 3, 2004; Ord. 1451 § 1, 2004; Ord. 1438 §§ 3, 7, 2003; Ord. 1437 § 1 (part), 2003; Ord. 1429 § 3 (part), 2003; Ord. 1409 § 2 (part), 2002; Ord. 1405 § 3 (part), 2001; Ord. 1365 § 3 (part), 2000; Ord. 1346 § 2 (part), 1999; Ord. 1328 § 2, 1997; Ord. 1311 § 2, 1996; Ord. 1310 § 2, 1996; Ord. 1305 § 3, 1996; Ord. 1304 § 2, 1996; Ord. 1265 § 2 Ex. A, 1994; Ord. 1258 § 1 Ex. A, 1994; Ord. 1257 § 1 Ex. A, 1994; Ord. 1248 § 2 Ex. A, 1993; Ord. 1235 § 1 Ex. A, 1992; Ord. 1225 § 2 Ex. A (part), 1992; Ord. 1222 § 1 Ex. A, 1992; Ord. 1182 § 1, 1990; Ord. 1180 § 1, 1990; Ord. 1154 § 4, 1990; Ord. 1157 § 1 Ex. A (part), 1990; Ord. 1161 § 2 Ex. B (part), 1990; Ord. 1128 § 1 (part), 1988; Ord. 1124 § 4 Ex. A (part), 1988; Ord. 1122 § 2 (part), 1988; Ord. 1110 § 1 Ex. A, 1988; Ord. 1103 § 1 Ex. A(2), 1987; Ord. 1102 § 1 Ex. A(14), (15), 1987; Ord. 1088 § 1 Ex. A(3), 1987; Ord. 1087 § 1 Ex. A(1), 1987; Ord. 1085 § 1 Ex. A (part), 1987; Ord. 1058 § 1, 1986; Ord. 1008 §§ 2, 3, 1984; Ord. 1006 § 1 (part), 1984; Ord. 946 § 4, 1983; Ord. 941 § 1 (part), 1982: prior code § 9202.8) The San Luis Obispo Municipal Code is current through Ordinance 1645, and legislation passed through March 20, 2018. San Luis Obispo Municipal Code 17.22.010 Uses allowed by zones.Page 12 of 12 Administrative Review Board Meeting of 8/14/2018 B1 - Administrative Citation Appeal Attachment 10