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HomeMy WebLinkAbout06/01/1993, C-4 - R 219-92: CHANGES TO TABLE 9 OF THE ZONING REGULATIONS, TO SIMPLIFY PROCESSING, ELIMINATE DUPLICATI ����Ip!►GIII�IIIII�II�III�II � � � MEETING DATE: c� o San Luis OB�spo COUNCIL AGENDA REPORT TEM NUMBER: FROM: Arnold Jonas, Community Development Director0 BY: Judith Lautner, Associate Planner', i;1- SUBJECT: R 219-92: Changes to Table 9 of the Zoning Regulations, to simplify processing, eliminate duplications, and clarify items. CAO RECOMMENDATION Give final passage to Ordinance No. 1235 (1993 Series) , as introduced on May 11, 1993, amending table 9 of Chapter 17 .22 of the Zoning Regulations, and adopting a negative declaration of environmental impact. DISCUSSION The City Council introduced Ordinance 1235 on May 11, 1993 . The ordinance amends Section 17. 22 of the Zoning Regulations. The amendment combines similar categories, adds references to other Zoning Regulations sections, deletes inappropriate or obsolete uses, adds uses previously not included (including "hostels", which the Council added) , changes the review process for non- controversial uses, adds uses to some zones where they previously were not allowed as a principal use, and makes changes for clarification or consistency with other Municipal Code sections. The amended sections to the Zoning Regulations will go into effect 30 days after final passage of the ordinance. ALTERNATIVES The Council may, by motion, 1) reject the ordinance; 2) continue action; or 3) introduce other ordinance language, which does not conflict with the General Plan or sections of the Zoning Regulations which are to remain. Attached: Ordinance no. 1235, as introduced Ordinance summary C� -I i ORDINANCE NO. 1235 (1993 SERIES) AN ORDINANCE OF THE CITY OF SAN LUIS OBISPO AMENDING THE ZONING REGULATIONS TEXT (TABLE 9) TO SIMPLIFY PROCESSING, ELIMINATE DUPLICATIONS, AND CLARIFY ITEMS (R 219-92, PHASE I) WHEREAS, the City Council has held a hearing to consider the zoning text amendment request R 219-92 (phase 1) , amending Table 9 as shown on Exhibit A, attached; and WHEREAS, the City Council makes the following findings; Findings:• 1. The proposed zoning amendment will not adversely affect the health, safety, or welfare of persons living or working in the city. 2 . The text amendment is consistent with the general plan. 3 . The Community Development Director has determined that the proposed text amendment will not have a significant effect on the environment and has granted a negative declaration of environmental impact. The council hereby approves that Negative Declaration. BE IT ORDAINED by the Council of the City of San Luis Obispo as follows: SECTION 1. The zoning text amendment `R 219-92 , as shown on Exhibit A, attached, is hereby approved. SECTION 2. A summary of this ordinance, together with the names of councilmembers voting for and against, shall be published once, at least (5 ) days prior to its final passage, in the Telegram-Tribune, a newspaper published and circulated in this city. This ordinance shall go . into effect at the expiration of thirty (30) days after its final passage. C-�-a 0-1235 I 1 Ordinance no. 1235 (1993 Series) R 219-92: Citywide Page 2 INTRODUCED AND PASSED TO PRINT by the Council of the City of San Luis Obispo at its meeting held on the 11th day of May 1993 , on motion of Council. Member .Rappa , seconded by Council Member Roalman , and on the following roll call vote: AYES: Council Members Rappa, Roalman, Romero, Settle, and Mayor Pinard NOES: None ABSENT: None F-i3gPin ard Mayor Peg Pinard ATTEST: /s/ Diane R. Gladwell City Clerk Diane R. Gladwell APPROVED: !Ci§tyministr-ative Officer ryAtto/ ne - -3 • Table 9-Uses Allowed by Zone R-1 R-2 R-3 R-4 C/OS 0" PF C-N C-C C-R C-T C-S M Advertising and related services A A/D A A D (graphic design, writing, mailing, addressing,etc. Agriculture-grazing and outdoor A A A crops Agriculture-greenhouse culture, PC' livestock feeding Airports and related facilities PC PC PC Ambulance services PC PC A D Amusement arcades(video games, D D A A A sea Chapter 5.52, Electronic Game Amusement Centers& 17.08.120) Amusement parks, fairgrounds PC. PC Animal hospitals, boarding and D 0 A A grooming (small animals) Animal hospitals,boarding, PC D D grooming, training (large animals) Antennas (commercial PC PC D D broadcasting) Athletic and health clubs, D D D PC A A gymnasiums,fitness centers, _ game courts Auto dismantling, scrap dealers, A recycling centers Auto repair and related services PC D A A (body, brake,transmissions, muffler shops;painting, etc.) Auto sound system installation DQ D'= A A Banks and savings and loans A A' A A Bars,taverns,etc. (see D D. D D D D Nightclubs) Barbers,hairstylists,manicurists, A A A D D tanning centers Boarding/rooming houses, PC'. D D, D dormitories(See also Chapter 17.20) Bowling alleys PC D D D D Broadcast studics A AM A A A A = Allowed D = Director's approval required PC = Planning Commission approval required A/D = Director's approval on ground floor; allowed above. The Director shall determine if a proposed, unlisted use is similar to a listed use. Numbered notes are at end of chart. 6�# Table 9-Uses Allowed by Zone R-1 R-2 R-3 R-4 C/OS Oil PF C-N C-C C-R C.T C-S M Building and landscape AID: A A A maintenance services Bus stations PC D A Cabinet and carpentry shops D A Caretakers'quarters A A A A AA A A A A A A A Carwash-mechanical PCO 0 D Carwash-self-service D D PC' A A Catering services D D A D A A Cemeteries, mausoleums, PC PC PC PC PC PC PC PC' PC PC PC PC columbariums Christmas tree sales(see Section 17.08.010D) Churches,synagogues, temples, PC'' D D: D A D., D 0,: A D's D16 D etc. Circus, carnival, fair, festival, D' D D 0 D D D D D parades(See Section 17.08.010E) Computer services A AID A A D Concurrent sales of alcoholic D D D 0 beverages and motor fuel (See Section 17.08.100) Construction activities (see A A A. A A A A A A A A A A Section 17.08.010G) Contractor's yards A A Convalescent hospitals PC PC D PC PC D Convents and monasteries PC A A D Credit reporting and collection A A/D A A Credit unions and finance A A' A companies Day Care -family day care homes (see A A A A A A A A: A A. Section 17.08.045) -Day care center i7 D' D D D A D A A/D: A D D D Delivery services D A A A Detective and security services A A/D A A D Drive-in theaters PC PC A = Allowed D = Director's approval required PC = Planning Commission approval required A/D = Director's approval on ground floor; allowed above. The Director shall determine if a proposed, unlisted use is similar to a listed use. Numbered notes are at end of chart. 0-4 -45 Table 9-Uses Allowed by Zone R-1 R-2 R-3 R-4 C/OS 0" PF C-N C-C C-R C-T C-S M Dwellings (See also Sec. 17.SS- A° A AA A A' A/D A/D A/D D. Mixed Use Zone) Educational conferences(see D:% D D D Section 17.08.010H) Employment agencies A D A A Equipment rental A A Exterminators and fumigators A A Feed stores and farm supply sales PC A A Florists A A A Fraternities and sororities PC PC Gas distributors-containerized 0 A. (butane, propane, oxygen, acetylene, etc.) Government agency corporationPC A A yards Government agency offices and PC D' D 0 meeting rooms High occupancy residential use D 0 Home business (see Section 17.08.040) Homeless shelters(see Section PC PC PC PC PC PC PC PC PC PC 17.08.110) Hostels PC PC A A A Hospitals PC PC. Hot tubs-commercial use PC' PC; PC D PC PG Insurance service-local A A/D' A Insurance services-regional office A/D A Laboratories (medical,analytical PC A A A research) Laundry/dry cleaner -cleaning plant A A -pickup point A A A 0 A A -self-service A A A D 0 Libraries PC A' D A A = Allowed D = Director's approval required PC = Planning Commission approval required A/D = Director's approval on ground floor; allowed above. The Director shall determine if a proposed, unlisted use is similar to a listed use. Numbered notes are at end of chart. C-4.6 Table 9-Uses Allowed by Zone R-1 R-2 R-3 R-4 C/OS 0" PF C-N C-C C-R C-T C-S M Manufacturing-food, beverages; D A ice;apparel; electronic, optical, instrumentation products;jewelry; musical instruments;sporting goods; art materials Manufacturing-basic metals, PC chemicals,building materials, fabricated metals, textiles, paper and cardboard;machinery, transportation equipment Mineral extraction (see Section PG PC PC,:. PC PC PC PCPC PC. PC PC.' PC PC 17.08.020) Mobile home parks A.:. A A-. A Mobile home as construction office (see Section 17.08.010C) Mobile homes as temporary A A A. A A' A A residence at building site (see Section 17.08.01 OF) Mortuaries D D A Motels, hotels, bed and breakfast A A A. inns Museums PC A A Nightclubs, discotheques, etc. D D D (see Chapter 5.40, Adult Entertainment Establishments) Offices (contractors) -all types of A A/D A A A general and special building contractor's offices io Offices (engineering) engineers, A A/D A A architects, and industrial design io m Offices (professional) attorneys, A A/D A counselors,medical services, accountants, investment brokers, realtors, appraisers Organizations (professional, D .. D A D A/D' A D religious,political, labor,fraternal, trade,youth, etc.)offices and meeting rooms Parking (as a principal use) PC'e D13 PC, D" D" D" ff s A A A A D< A D A A A ocopy services;quick printers A A A/D A A A A = Allowed D = Director's approval required PC = Planning Commission approval required A/D = Director's approval on ground floor; allowed above. The Director shall determine if a proposed, unlisted use is similar to a listed use. Numbered notes are at end of chart. 64 7 Table S-Uses Allowed by Zone R-1 R-2 R-3 R-4 CLOS 0" PF C-N C-C C-R C-T C-S M Photofinishing-retail A A A PC A Photofinishing- wholesale; and D A A blue-printing and microfilming service Photographic studios A A A PC A Police and fire stations and PC training facilities Pool halls,billiard parlors, etc. PC D D D Post offices and public and private postal services -under 2000 square feet gross ' PC D A A A floor area per establishment - 2,000 square feet or more gross PC A A A floor area per establishment Printing and publishing D D A A Produce stand D A A A A Public assembly facilities PC D D D PC (community meeting rooms, auditoriums, convention/exhibition halls) Railroad yards, stations, crew D A facilities Refuse hauling, septic tank and A portable toilet services Repair services -small household appliances, A A A A A locksmiths, seamstress,shoe repair D A A -large appliances, electrical equipment, power tools,saw - - sharpening Residential care facilities- B or A, A A A A- A AID ` AID AID D fewer residents Residential care facilities-more PC PC: D PC PC D than 6 residents Restaurants, sandwich shops, A A A A D G take-out food, etc. A = Allowed D = Director's approval required PC = Planning Commission approval required A/D = Director's approval on ground floor; allowed above. The Director shall determine if a proposed, unlisted use is similar to a , listed use. Numbered notes are at end of chart. O- r_o l Table 9-Uses Allowed by Zone R-1 R-2 R-3 R-4 C/OS 0" PP C-N C-C C-R C-T C-S M Retail sales-outdoor sales of D° D A A A build-ing and landscape materials (lumberyards, nurseries,etc.) Retail sales-indoor sales of As A A A A building materials and gardening supplies (floor and wall coverings, paint, glass stores, etc. Retail sales-appliances, furniture As A... A A and furnishings, musical instruments;data processing equipment, business, office and medical equipment stores; catalog stores;sporting goods, outdoor supply Retail sales and repair of bicycles A A A A Retail sales and rental-autos, D A PC trucks, motorcycles, RV's Retail sales-auto parts and D D A A PC accessories except tires and batteries as principal use Retail sales-tires and batteries A A PC Retail sales and rental-boats, A PC aircraft, mobile homes Retail sales-groceries,liquor and A A A PCD / specialized foods (bakery, meats, dairy items, etc.) Retail sales-neighborhood A A A A grocery(See also sec. 17.30.030 Retail sales-general merchandise (drug, hardware, discount, department and variety stores) - 15,000 square feet or less gross A A A PC floor area per establishment - 15,001 to 60,000 square fact PC A A PC gross floor area per establishment PC D PC more than 60,000 square feet gross floor area per establish- ment. A = Allowed D = Director's approval required PC = Planning Commission approval required A/D = Director's approval on ground floor; allowed above. The Director shall determine if a proposed, unlisted use is similar to a listed use. Numbered notes are at end of chart. % Table 9-Uses Allowed by Zone R-1 R-2 R-3 R-4 C/OS O" PF C-N C-C C-R C-T C-S M Retail sales and rental-specialties As A A (shoe stores, clothing stores, book/record/videotape stores, toy stores, stationery stores, gift shops) Schools - Nursery schools/Pre-school(see Day care)" - Elementary, junior high, high PC PC D D D D schools;schools for disabled/ handicapped -Colleges/universities D`- -Business,trade, recreational, or PC A/D A D D5 other specialized schools - Boarding schools and academics PC PC Secretarial and related services A A/D A D (court reporting, stenography, typing, telephone answering, etc.) Service stations (see Section D D D A A 17.08.030) Skating rinks PC. PC D PC PC Social services and charitable A D D A A agencies Stadiums PC PC PC Swap meets PC PC Swimming pools (public) PC PC PC PC Tattoo parlors D D Tallow works PC Temporary parking lots (see Section 17.08.O1O1) - Temporary real estate sales office D D DD in tract(see Section 17.08.0108) Temporary sales(see Section D D. D D D D 17.08.010J) Temporary uses-not otherwise D D D D D D D' D D D D D D listed in Section 17.08.010K Theaters (see Chapter 5.40, Adult PC1° PC' D D Entertainment Establishments) A = Allowed D = Director's approvai required PC = Planning Commission approval required A/D = Director's approval on ground floor; allowed above. The Director shall determine if a proposed, unlisted use is similar to a listed use. Numbered notes are at end of chart. Table 9-Uses AOowed by Zone R-1 R-2 R-3 R-4 C/OS 0" PF C-N C-C C-R C-T C-S M Ticket/travel agencies A Ae A A D D Tire recapping A A Title companies A A A Trailer rental D A A Trucking/taxi service A A Utility companies -Corporation yards PC A A -Customer account services (bill A . D paying and inquiries) -Distribution and transmission facilities-see Section 17.08.050) A/D A D - Engineering and administration offices A A A - Payment drop points Vending machines (see Section A A A A A 17.08.080) Veterinarians A° sAID A° D \ Warehousing, ministorage, moving A A company Water and wastewater treatment PC plants Water treatment services A A Wholesale and mailorder houses PC A A Zoos PC A = Allowed D = Director's approval required PC = Planning Commission approval required A/D = Director's approval on ground floor; allowed above. The Director shall determine if a proposed, unlisted use is similar to a listed use. Numbered notes are at end of chart. Notes: 1. In the C-N zone, only branches of banks are allowed - no headquarters. 2. Except for condominiums, the development of more than one dwelling on a land parcel in the R-1 zone requires approval of an administrative use permit. R-1 density standards apply. 3 . In the 0 zone, dwellings on a site occupied by .residential uses only are allowed. Dwellings on a site with nonresidential uses require approval of an administrative use permit. 4. In the C-N zone, hot tubs/spas for commercial use must be enclosed. S. In the M zone, schools are limited to those offering instruction in fields supportive of allowed uses. 6. In the O, C-C and C-R zones, animals at veterinarian's facilities must be kept within a building. 7. In the C-N zone, branch libraries only are allowed_. 8. In the C-N zone, the following types of uses are allowed provided that (1) the gross floor area of each establishment shall not exceed two thousand square feet and (2) the combined floor area of all such establishments within a shopping center shall not exceed twenty-five percent of the total floor area in a shopping center with a gross floor area of 15, 000 square feet or greater; or shall not exceed fifty percent of the total floor area' in a shopping center with a gross floor area of less than 15, 000 square feet: Retail sales - outdoor sales of building and landscape materials. Retail sales - indoor sales of building materials and gardening supplies. Retail sales - appliances, furniture and furnishings, musical instruments; data processing equipment business, office and medical equipment stores; catalog stores; sporting goods, outdoor supply. Retail sales and rental - specialties. Ticket/travel agencies. For parcels not located within shopping centers, an administrative use permit shall be .required for the uses listed above, to insure consistency with policies of the General Plan Land Use element and compatibility with surrounding uses. The use permit may provide for exceptions .to the floor area limitations listed under (1) and (2) above. 9. In the C-T zone, car washes are allowed only in conjunction with and incidental to service stations, and provided that no other car wash is located within 1000 feet of the site. Zoning chart notes Page 2 J 10. Large professional office buildings which can include multiple tenants but with no single tenant space less than 2, 500 square feet may be established in the C-S and M zones subject to the approval of a Planned Development (PD) zoning application and compliance with findings specified in Section 17. 62. 040 C. However, this provision notwithstanding, the following types of office-related uses are prohibited in PDs approved for C-S and M zones: Banks, real estate offices, financial institutions, medical clinics, doctor's offices, and lawyer's offices. 11. An administrative use permit is requird for the construction of nonresidential structures or the conversion of residential structures to non-residential uses in the 0 zone. In order to approve a use permit the director must make each of the following findings: A. That the location, orientation, height, and mass of new structures will not significantly affect privacy in nearby residential areas. B. That the projects location or access arrangements will not significantly direct traffic to use local streets in nearby residential areas. C. That the project includes landscaping and yards that \ - adequately separate parking and pedestrian circulation areas from sites in nearby residential areas. 12 . In the C-C and C-R zones, use permit review of automobile sound system installations should include consideration of the following items: parking space displacement, noise from the operation, and appearance. Use permits may be approved only when the use is accessory to a retail sales operation. 13. Where parking as a principal use is allowed, deviations to existing setbacks and building heights are permitted upon approval of a use permit as required by Section 17.22. 010. All multi-level parking facilities shall require the approval of a use permit by the Planning Commission. 14 . Theaters in the C-N zone shall be limited to 4, 000 square feet in size, a single screen, and restricted to shopping center sites in the zone (See Section 17. 04. 371) . 15. 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 church will not likely cause unreasonable compatibility 1 problems with existing or likely future service commercial uses � I Zoning chart notes Page 3 in the vicinity.. Use permit conditions may include measures to mitigate incompatibility. 16. In the PF zone, only non-profit theaters are permitted. 17. Allowed by right where accessory to a church or school, or where an employer provides on-site child care to 12 or fewer children for the exclusive benefit of employees, providing the primary use meets City parking standards. 18. Church uses may be allowed inside existing buildings only. (Ord. 1161 - 1 Ex. B, 1990; Ord. 1128 *- 1 (part) , 1988; Ord. 1124 - 1 Ex. A (part) , 1988; Ord. 1122 - 1 Ex. A (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 "F 2.3 . 1984: Ord. 1006 - l (Part) , 1984 : Ord. 946 - 4, 1983; Ord. 941 - 1 (part) , 1982 : prior code - 9202 . 8) ORDINANCE NO. 1235 (1993 SERIFS) AN ORDINANCE OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING AMENDMENTS TO TABLE 9 OF THE ZONING REGULATIONS TO SIMPLIFY PROCESSING, ELIMINATE DEPLICATIONS, AND CLARIFY ITEMS (R 219-92) On May 11, 1993, the San Luis Obispo City Council voted 5 to 0 to introduce Ordinance No. 1235 (1993 Series) which combines similar categories, adds references to other zoning regulations sections, deletes inappropriate or obsolete uses, adds uses previously not included, changes the review process for non-controversial uses, adds uses to some zones where they previously were not allowed as a principal use, and makes changes for clarification or consistency with other Municipal Code sections. The council must vote again to approve the ordinance before it can take effect. That action is tentatively scheduled for June 1, 1993 at a regular City Council meeting to begin at 7:00 p.m. in the Council Chamber of City Hall, 990 Palm Street. Copies of the compiete ordinance are available in the City Clerk's Office in Room 1 of City Hall, 990 Palm Street. For more information, contact Judith Lautner in the Community Development Department at 781-7166. Diane R. Gladwell, City Clerk le-4q