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HomeMy WebLinkAbout1006ORDINANCE NO. 1006 (1984 Series) AN ORDINANCE OF THE CITY OF SAN LUIS OBISPO AMENDING VARIOUS SECTIONS OF THE ZONING REGULATIONS WHEREAS, THE Planning Commission and City Council have held hearings to consider various amendments to Zoning Regulations in accordance with Section 65800 et. seq. of the Government Code; and WHEREAS, the City Council finds that the proposed regulations are consistent with the General Plan; and WHEREAS, the rezoning has been evaluated in accordance with the California Environmental Quality Act and the City's Environmental Impact Procedures and Guidelines and a negative declaration has been granted by the city; and WHEREAS, the proposed zoning promotes the public health, safety and general welfare; BE IT ORDAINED by the Council of the City of San Luis Obispo as follows: SECTION 1. The following sections of the Zoning Regulations are amended as shown on attached Exhibit "A ", included herein by reference: Parking requirements for dwellings, Section 9202.5.F4. - Size of unit allowed in multi - family zone on lots allowing 1.0 or fewer equivalent units, Section 9202.3.B.4. - Application of slope density reduction to lots allowing less than 1.O' equivalent units, Section 9202.5A. - Density allowed in commercial zones, and clarify treatment of housekeeping units in hotels and motels, Sections 9203.9, 9203.10, 9203.11. - Use permit requirement for nightclubs, Section 9204.11, Section 9202.8. - Reference to special regulations in state law regarding childcare for six or fewer children, Section 9202.1.D. 0 1006 Ordinance No. 10 (1984 Series) Page 2 1 - Uses Allowed: References to Adult Entertainment, Prohibition of Alcohol Sales at Service Stations, Video Arcade Ordinances, Section 9202.1.C, Section 9202.8. - Setbacks and building heights calculated from existing natural grade, Section 9202.5B, Section 9202.5P. - Setback requirements from common driveways and for unenclosed parking spaces, Section 9202.5.D. - Provide for minor conforming additions, additions to non- conforming structures without requiring variance approval, Section 9202.4.B. - Emergency Access: Revised to conform to Fire Code requirements, Section 9202.5.H. - Variances: Provide for time extension if not exercised within one year, Section 9204.3.E. - Reference to development standards contained in other chapters of the Municipal Code, Section 9202.5.A (new section). - Photographic studios, Section 9202.8. - Use permit requirements for health clubs, Section 9202.8. - Auditoriums and other public assembly facilities, Section 9202.8. - Definition: Mobile homes on permanent foundations, Section 9202.11. SECTION 2. After review and consideration, the determination of the Community Development Director to grant the project a negative declaration is hereby affirmed. SECTION 3. A summary of this ordinance, approved by the City Attorney, shall be published once at least three (3) days prior to its final passage, in the Telegram- Tribune, a newspaper published and circulated in said city, and the same shall go into effect at the expiration of thirty (30) days after its said final passage. INTRODUCED AND.PAS.SED TO PRINT by the Council of-the City of San Luis Obispo at a meeting thereon held on the 17th day of January, 1984 , on motion of Councilman Griffin , seconded by Councilman Settle and on the following roll call vote: Ordinance No. 1006 (1984 Series) Page 3 AYES: Councilmembers Griffin, Settle, Dovey, Dunin and Mayor Billig NOES: None ABSENT: None TAPPR /J Qi City Administrative Of 'cer Community Development Director doss Muni LZA ORDINANCE NO. 1006 FINALLY PASSED this 21st (1984 Series) day of February , 1984, on motion of Mayor Billig , seconded by Councilman Settle , and on the following roll call vote: AYES: Mayor Billig, Councilmembers Settle, Dovey and Dunin NOES: Councilman Griffin ABSENT: None 10. Temporary sales. Upon approval of an administrative use permit, temporary sales may be established in accordance with adopted policies. Except as otherwise provided in this section, such sales shall be of a type allowed or allowed with approval of an administrative use permit by these regulations for the zone in which they are to be established . "Temporary sales" means a sales activity or activities occurring at a particular location on fewer than 90 days in any calendar year. 11. Other Temporary Uses. Other temporary uses compatible with the surroundings in which they are proposed may be established if the Director approves an administrative use permit. The Director may refer the proposed use to the Planning Commission for approval under a Planning Commission use permit. B. MINERAL EXTRACTION. Minerals, hydrocarbons, and soil may be removed in any zone, provided a use permit is approved by the Planning Commission. In addition to the requirements which the Planning Commission may impose for the activity itself, there may be requirements that the site be restored or rehabilitated in furtherance of the purposes of these regulations. (Grading carried out in conjunction with a construction project need not obtain use permit approval but shall comply with the Grading Ordinance.) C. SERVICE STATIONS. Service stations are permitted as specified in the zone district regulations, subject to the following conditions: 1. Premises adjoining residential zones shall be screened from such zones by a six - foot -high landscaped visual barrier, subject to the limitations of Section 9202.5.E, Fences, Walls and Hedges. 2. Street frontage between driveways shall have a low wall or other landscape barrier to prevent vehicles from being driven or parked on the sidewalk. 3. Bells or other sound signals shall be turned off between 10 p.m. and 7 a.m. if the station is adjacent to a residential zone. 4. Pump islands shall be located at least 15 feet from any street right -of -way line or setback line, except that cantilevered roofs may extend to a point at least five feet from such lines. 5. Repair work shall be done and dismantled vehicles shall be stored inside a building or area screened so that it is not visible from off the premises. (NOTE: See also Section 9202.6, Performance Standards and section 4290, Sale of Alcoholic Beverages at Service Stations - Prohibited.) FYNIRIT e D. HOME OCCUPATIONS. 1. Intent. These provisions are intended to allow the conduct of home enterprises which are incidental to and compatible with surrounding residential uses. A home occupation is gainful employment engaged in by the occupants of a dwelling. 2. Permit required. The conduct of a home occupation requires the approval of a home occupation permit by the Director, who may establish additional conditions to further the intent of this section. A public notice shall be posted at the site of each proposed home occupation. If anyone informs the Community Development Department of a question or objection concerning the proposed home occupation within five days of the posting, the Director shall schedule a hearing for the application as provided for administrative use permits. If no questions or objections are received by the Community Development Department within five days after posting, the Director may issue the permit upon submission of all required information and without further notice or public hearing. a. State licensed child day care centers for six. of fewer children are exempt from home occupation regulations (see State Health. &.Safety Code Section 1529.5). 3. General requirements. a. Home occupations shall not involve frequent customer access or have other characteristics which would reduce residents' enjoyment of their neighborhoods. The peace and quiet of residential areas shall be maintained. b. Activities shall be conducted entirely within the dwelling unit or an enclosed accessory building, and shall not alter the appearance of such structures. (Horticultural activities may be conducted outdoors.) c. There shall be no sales, rental or display on the premises. d. There shall be no signs other than address and names of residents. . e. There shall be no advertising which identifies the home occupation by street address. f. No vehicle larger than a 3/4 -ton truck may be used in connection with a home occupation. g. The home occupation shall not encroach on any required parking, yard or open space area. h. Parking for vehicles used in connection with the home occupation shall be provided in addition to parking required for the residence. 6 i. Activities conducted and equipment or materials used shall not change the fire safety or occupancy classifications of the premises, nor use utilities in amounts greater than normally provided for residential use. j. No use shall create or cause noise, dust, vibration, smell, smoke, glare, or electrical interference, or other hazard or nuisance. k._ No employees other than residents of the dwelling shall be allowed. (Baby- sitters or domestic servants are not considered employees of a home occupation.) 1. Clients or customers shall not visit the home occupation between the hours of 10 p.m. and 7 a.m. M. If the home occupation is to be conducted in rental property, the property owner's authorization for the proposed use shall be obtained. 4. Prohibited uses. The following uses by their operation or nature may interfere with residential welfare and diminish the convenience intended for commercial zones, and therefore shall not be permitted as home occupations: a..: Automotive repair (body or mechanical), upholstery or painting. b. Barber or beauty shop. C. Carpentry or cabinet making. d. Welding or machining. e. Medical offices, clinics, laboratories. f. Child care of more than six children or instruction for more than three school -age children or adults at one time (not counting residents of the home). g. Appliance, radio or television repair. h. Print shop. i. Mail order gun sales. E. PUBLIC UTILITIES. 1. Distribution facilities may be located in any zone, provided that equipment on the ground in residential zones shall be screened by landscaped visual barriers. 2. Transmission lines may be located in any zone, provided the route is approved by the Planning Commission. 3. Other unmanned public utility structures may be located in any zone, provided an administrative use permit is approved by the Director. 7 4. Property development standards shall apply to non - conforming lots, except that the density standards shall not prevent construction of a single dwelling; unit where otherwise permitted by this chapter. (See Section 9202.5.8, Density). SECTION 9202.4 - -------- � - - - -- --------------- - ---- NON- CONFORMING STRUCTURES A. INTENT. A structure which lawfully existed on the effective date of applicable sections of these regulations, but which does not comply with one or more of the property development standards for the zone in which it is located, is a non - conforming structure. This section is intended to provide for the correction or removal of such structures as soon as practical. B. REGULATIONS. 1. A non - conforming structure which is damaged to an extent of one -half or more of its replacement cost immediately prior to such damage may be restored only if made to conform. 2. Changes to interior partitions or other non - structural improvements and repairs may be made to a non - conforming building to the extent of not more than one -half its replacement cost over any five year period. 3. Subject to the valuation limit in (2) above, structural elements may be modified where the Chief Building Official determines such modification is immediately necessary to protect the health and safety of the public or occupants of the non- conforming structure or adjacent properties. 4. Replacement cost shall be determined by the Chief Building Official, whose decision may be appealed to the City Council. 5. Exceptions to this section may be granted by the Director for historic structures designated as such in any list or plan element adopted by the city. 6. Exceptions to this section may be granted to allow minor conforming additions to non - conforming structures occupied by conforming uses subject to a finding of consistency with the intent of this section. a. Additions of 150 square feet of gross floor area or less to single or duplex dwellings may be approved by the Director without public hearing. b. Other additions to residential structures and additions to non - residential structures may be allowed upon approval of a use permit by the Director. C. The value of additions allowed pursuant to "a" and "b" above shall be excluded from calculation of replacement cost of the non - conforming structure. 10 SECTION 9202.5 Y- �-- ~-- - ^ - - -- -- -�_ — _�� - -1- PROPERTY DEVELOPMENT STANDARDS A. APPLICABILITY OF OTHER ORDINANCES Development of property within the city may be subject to provisions of this Municipal Code not contained in this section or chapter, including (but not limited to) the following: Fire Prevention Code (Section 3120 et seq) Building Regulations (Section 8100 et seq) Demolition and Moving of Buildings (Section 8800 et seq) Subdivision Regulations (Section 9101 et seq) Building Setback Line (Plan Line) (Section 9300 et seq) Street Right -Of -Way, Dedication and Improvement (Section 9310 et seq) Excavation and Grading (Section 9400 et seq) Architectural Review Commission (Section 9500 et seq) General Plan Amendment Regulations (Section 9600 et seq) Sign Regulations (Section 9701 et seq) Condominium Development and Conversion Regulations (Section 9850 et seq) Flood Damage Prevention Regulations (Section 9800 et seq) Downtown Housing Conversion Permits (Section 9900..et seq) Growth Management Regulations (Section 9901 et seq).-, Resource Deficiency (Section 2900) Environmental Review Guidelines (Adopted by City Council Resolution 3919 -1979) Where provisions of this section conflict with provisions of other applicable laws, the more restrictive provision shall prevail. B_ DENSITY 1. Determination of allowed development. Density is the number of dwelling units per net acre. In the C /OS and R -1 zones, each dwelling counts as one unit. In the other zones, different - size dwellings have "unit values" as follows: Studio apartment: 0.50 unit. One- bedroom dwelling: 0..66 unit. Two- bedroom dwelling: 1.00 unit. Three - bedroom dwelling: 1.50 units. Dwelling with four or more bedrooms: 2.00 units. The following procedure shall be used to determine the maximum development allowed on a given lot or land area: a. Determine the average cross slope of the site. Average cross slope is the ratio, expressed as a percentage, of the difference in elevation to the horizontal distance between two points on the perimeter of the area for which slope is being determined. The line along which slope is measured shall run essentially perpendicular to the contours. ■ Where a site does not slope uniformly, average cross slope is to be determined by proportional weighting of the cross slopes of uniformly sloping subareas, as determined by the City Engineer. 11 TABLE 1 MAXIMUM RESIDENTIAL DENSITY FOR CROSS -SLOPE CATEGORIES average Maximum Density cross -slope (units per net acre) R -1 R -2 R -3 R -4 0 C -N C -T 0 -15 7 12 18 24 16 -20 4 6 9 12 21 -25 2 4 6 8 26+ 1 2 3 4 By approving an administrative use permit, the Director may grant exceptions to the reduction of density with slope where the parcel in question is essentially surrounded by development at least as dense as the.proposed development. The exception shall not authorize density greater than allowed for the category of less than 15% slope for the appropriate zone. See also Section 9202.3.B.4, Non - Conforming Lots. b. Determine the net area of the site. Net area includes all the area within the property lines of the development site minus street right -of -way dedicated to the city. Net area includes the area occupied by allowed non - residential uses. C. Multiply the resulting area (in whole and fractional acres) by the maximum density allowed (in units per acre) according to the table in paragraph a. above. d. The resulting number (in dwelling units, carried out to the nearest one - hundredth unit) will be the maximum residential development potential. Any combination of dwelling types and numbers may be developed, so long as their combined unit values do not exceed the maximum potential. 2. Density transfer. a. Development potential may be transferred within the area covered by a planned development (PD) zone, in conformance with the requirements of Section 9203.14. b. Where a portion of a lot is residential use and the rest of portion within the C /OS zone is dwelling, the fractional dwelli may be transferred. to the other development rezoning. within a zone or zones that allow the lot is in a C /OS zone, and the not large enough to allow one ag unit potential from the C /OS zone portion of the lot, without planned 12 3. Density averaging. Where portions of a lot are within two or more different zones that allow different maximum densities, and any portion is not of the size required for a lot in that zone, density may be averaged over the whole lot, with each portion contributing to the overall maximum development potential in proportion to its area and maximum allowed density. 4. Density bonus for low- and moderate- income housing. Pursuant to California Government Code Section 65915, the city may negotiate a density bonus or other benefits in exchange for provision of housing affordable to households with low or moderate income, as defined in the Government Code. C. YARDS. 1. Definitions and purpose. A yard is an area along a property line within which no structures, parking spaces or parking back -up spaces may be located, except as otherwise provided in these regulations. Yards are intended to help determine the pattern of building masses and open areas within neighborhoods. They also provide separation between combustible materials in neighboring buildings. Yards are further intended to help provide air circulation, views, and exposure to sunlight for both natural illumination and use of solar energy. These regulations provide for two types of yards: a. "Street yard" means a yard adjacent to a street, or adopted setback line, to which the property has access. b. An "other yard" is any yard other than a street yard. 2. Measurement of yards. a. Street yards shall be measured from the right -of -way line or adopted setback line to the nearest point of the wall of any building. b. Other yards shall be measured from the property line to the nearest point of the wall of any building. c. The height of a building in relation to yard standards is the vertical distance from the ground to the top of the roof, measured at a point which is a specific distance from the property line. Height measurements shall be based on the natural topography of the site, before grading. 13 Fire escapes, uncovered balconies, uncovered porches, or unenclosed outside stairways and landings may extend into the required yard not more than 4 feet or one -half the required yard distance, whichever is less. (Figure 2) Figure 2 4' Maximum Projections Fill N. € >MAXIMUM ALLOWED PROJECTION- ' FOUR FEET OR ONE-HALF OF THE MINIMUM REQUIRED YARD (WHICHEVER IS LESS). Decks, planters and similar features less than 30 inches above grade may be located within required yards. e. Trash enclosures. Trash enclosures which have been approved by the Architectural Review Commission may be located within a required yard, provided no part of the enclosure is less than 3 feet from any right -of -way or adopted setback line. f. Unenclosed parking spaces in other yards. unenclosed parking spaces and parking aisles may be located within other yards. 18 Y g. Unenclosed, tandem parking spaces. For single dwellings where tandem parking is provided pursuant to the parking standards, one Unenclosed space may be located within the street yard. h. Enclosed parking spaces in street yard prohibited. In no case may an enclosed parking space from which vehicles exit directly onto the street be located less than 20 feet from the street right -of -way or setback line.: In a flag lot subdivision, this setback requirement shall apply to the access roadway. 5. Exceptions to yard requirements. These regulations provide two general types of exceptions to the yard requirements: first, those which the property is entitled to because of physical circumstances, and second, those which the city may approve upon request and subject to certain discretionary criteria. a. Exceptions property may be entitled to. (1) Street yards on corner lots recorded before April 1, 1965. On corner lots in the R -1 and R -2 zones, recorded before April 1, 1965, the street yard along the lot frontage having the longer dimension shall be not less than 10 feet, as shown in Figure 3. Parking spaces shall be set back at least 20 feet. M,. Figure 3 I (2) Street yards on corner lots where each corner lot has its longer frontage along the cross street. In the R -1 and R -2 zones, when each corner lot on a cross street has its longer frontage along the cross street, as in Figure 4, the street yard along the longest frontage shall be not less than 10 feet. Parking spaces shall be set back at least 20 feet. PL I I PL PL Figure 4 19 20 20 �._<::: p Figure 3 I (2) Street yards on corner lots where each corner lot has its longer frontage along the cross street. In the R -1 and R -2 zones, when each corner lot on a cross street has its longer frontage along the cross street, as in Figure 4, the street yard along the longest frontage shall be not less than 10 feet. Parking spaces shall be set back at least 20 feet. PL I I PL PL Figure 4 19 (6) Intersection visibility. At intersections not controlled by a stop sign or traffic signal, no plant, structure, or other solid object over three feet high which would obstruct visibility may be located within the area indicated in Figure 8. At controlled intersections, the City Engineer may deter- mine visibility requirements for proper sight distance. (NOTE: Yard requirements may also be modified by variance, Section 9204.3; planned development, Section 9204.4; specific plan, Section 9203.15 or special consideration zone, Section 9203.17.) D. COVERAGE. Coverage means the area of a lot covered by structures, including ac- cessory structures, expressed as a percentage of the total lot area. Any part of a deck, balcony, or eave which is less than 30 inches from the ground shall not be included in the determination of coverage. Portions of such structures which are more than 30 inches from the ground shall be included in the determination of coverage only if they are more than 30 inches from a building wall; otherwise they shall not be included. (See Figures 5 & 6) E. HEIGHT. The height of a building is the vertical distance from the average level of the ground under the building to the topmost point of the roof. The average level of the ground is determined by subtracting the elevation of the lowest point of the part of the lot covered by the building from the elevation of the highest point of the part of the lot covered by the building, and dividing by two. (See Figure 7) Height measurements shall be based on natural topography of the site, before grading. See also Subsection 9202.5.B. above for relationship of yards and building height. Components of solar energy systems, chimneys, screened mechanical equipment, vents, antennae and steeples shall extend not more than 10 feet above the maximum building height. Commercial and governmental agency antennae may exceed the height limits for the zone in which they are located if such an exception is ap- proved by the Director. Any other exception to the height limits requires approval of a vari- ance as provided in Section 9204.4. (For height limits of signs, see the Sign Regulations.) F. FENCES, WALLS AND HEDGES. Fences, walls, or hedges may provided: 1. The maximum height in any be placed within required yards, street yard shall be as shown in Figure 9. 2. The maximum height in any other yard shall be 6 feet; 3. Where fences or walls are located on retaining walls, the height of the retaining wall shall be considered as part of the overall height of the fence or wall. 22 1YPE OF USE NUMBER OF OFF -S'nM PARKING SPACES REQUIRED Drive -in theaters No requirement. Dwellings R -1 and C /OS: 2 spaces per dwelling, one of which must be covered. All other zones: 1 per studio apartment; 1l� for first bedroom plus !I for each additional bedroom in a unit, plus 1 for each five units in developments of more than five units. Employment agencies One space per 300 sq. ft. gross floor area. Equipment rental One per 300 sq. ft office area plus 1 per 500 sq. ft. indoor display /storage plus 1 per 1000 sq. ft. outdoor display /storage. Exterminators and fumigators One space per 300 sq. ft. gross floor area. Feed stores & farm supply sales One per 500 sq. ft. indoor sales /storage area plus one space per 2,000 sq. ft. outdoor sales /storage area. Florists One space per 200 sq. ft. gross floor area. Fraternities and sororities One space per 1.5 occupants or 1.5 spaces per bedroom, whichever is greater. Gas distributors - containerized One space per 300 sq. ft. office areas plus one (butane, propane, oxygen, acet- space per 500 sq. ft. indoor storage area plus ylene, etc.) one space per 2,000 sq. ft. outdoor storage area Government agency corporation yards One space per 300 sq. ft. office area plus one per 1,500 sq. ft. warehouse /service area plus space for fleet vehicles. Government agency offices and Offices: one per 300 sq. ft. gross floor area; meeting rooms Meeting rooms: one per four fixed seats or one per 40 sq. ft. of seating area without fixed seats. Home business - see section 9202.1.D Hospitals One space per bed. Hot tubs - catmercial use One space per tub. Insurance service - local One space per 300 sq. ft. gross floor area. Insurance services - regional office One space per 300 sq. ft. gross floor area. Laboratories (medical, analytical) One space per 300 sq. ft. gross floor area. 26 2. The access roadway shall be provided exterior walls of single -story buildings and dwellings not exceeding two stories in height exterior wall of other multi -story buildings systems are approved by the Fire Marshal. I. SCREENING OF OUTDOOR SALES AND STORAGE within 150 feet of all single - family and two - family and within 40 feet of one unless alternate fire suppression Screening shall be required for all outdoor sales and storage. Such screening shall consist of a solid fence, wall, or mature hedge or other screen planting at least six feet high. The Community Development Director may waive the screening requirement when the use customarily is not screened from public view - -such as auto sales or displays at service stations. The Community Development Director may defer the screening requirement where the sales or storage is adjacent to vacant land and where it is not visible from a public street. Such waiver or deferral may be by approval of whatever type of use permit may be required for the use. If no use permit is required, the.waiver or deferral shall be in writing and shall set forth the circumstances justifying the action. J. UTILITY SERVICES 1. All new or remodeled, altered or enlarged buildings or structures requiring electric, communication, T.V.._ and /or other utility services shall have such services supplied from service laterals placed underground from the building or structure to the sidewalk area. Where the utility company's distribution system is underground, said service laterals shall terminate at a location in the sidewalk area designated by the utility company. Where the utility company's distribution system is overhead, said service laterals shall terminate as a pole riser on a pole designated by the utility company. Exceptions: a. Buildings and structures conservation /open space zones. b. Buildings or structures where the value of the remodel, or less. located in residential and being remodeled, altered or enlarged, alteration or addition is $50,000.00 2. All conduits, conductors and associated equipment necessary to receive utility service by means of said underground service lateral shall be provided by the person or persons responsible for building or remodeling. Exception: Conduits, conductors and associated equipment normally furnished by the utility company. 33 TABLE 9 ° R -1 R -2 R-3 R,4 C/CIS 0 rF C -N. C-C C -R C -T C -S M USES ALLOWED BY ZONE Advertising & related services A A/D I A A D (graphic design, writing, mailing, i addressing, etc.) Agriculture - grazing & outdoor crops A j A A Agriculture - greenhouse culture, livestock feeding PC I i I j Airports & related facilities PC Ambulance services PC PC I A D Amusements arcades (video games: PC PC` D see Section 4950, Electronic Amusements Arcades) Amusement parks, fairgrounds PC j ! PC Animal hospitals & boarding i D Animal grooming A A I D Antennas (commercial broadcasting) i j I PC PC I 1 D D Athletic & health clubs, gymnasiumsI PC I PC I PC PC fitness centers, tanning centers i PC PC , I Athletic fields, game courts j !PC PC ' PC D I PC PC i I Auto dismantling, scrap dealers, I I I A recycling centers i Auto repair & related services i ! D I I A A (body, brake, transmissions, ; l muffler shops; painting, etc.) Banks and Savings & Loans i A All A j A A-1 A A A D I D Bars, taverns, etc. (see "Nightclubs.') Barbers, hairstylists, manicurists A A A PC D ' Boarding/rooming houses, dormitories PC I i D I D D Bowling alleys I PC PC D PC PC Broadcast studios A A/D A A A A - Allowed The director shall determine if a proposed, unlisted D - Director's approval required use is similar to a listed use. Numbered notes are PC- Planning Commission approval required at end of chart. A/D- Director's approval on ground floor; allowed above 37 TABIE 9 (Continued) R -1 R -2 R-3 i R-4 C /OS C I C -N I C-C C -R C -T C -S M USES ALLOW BY ZONE I L Manufacturing - basic metals, chemi - ( PC cals, building materials, fabri- cated metals, textiles, paper b I i cardboard; machinery, transporta- tion equipment. j Mineral Extraction PC PC ! PC PC PC PC PC PC PC PC ! PC PC PC (See Section 9202.13) Mobile Home Parks PC PC Mobile hoe as construction office D D; D D D ID D D D D D T D (See Section 9202.1.A.3) Mobile hones as temporary residence A j A A A A! A A ; at building site I I (See Section 9202.1.A.6) i Mortuaries j i i 'D D I A ; Motels, hotels, bed & breakfast inns A A A Museums i PC D i A Nightclubs, discotheques, etc, ' See Section 4800 1D Adult Entertainment Establishments) i D D Organizations (professional, religious, D D A D A/DI A D I political, labor, fraternal, trade, :, youth, etc.) offices and meeting I ' I I I I MOMS. Parades, carnivals, fairs D! D !D D D D D D I D (See Section 9202.1.A.5) I Parking (as a principal use) PC D; j PC' D I t D D Parks A; A A A D A D A A A' Pharmacies A I' I A ; A i I Photocopy services yu, ck A i A A/D ! A A A Photofinishing - retail Y A I A A PC A Photofinishing - wholesale; and blue- PC A A printing and microfilming service Photographic Studios I 1 I I ' I A A A PC D Police and fire stations and training facilities PC ' I Pool halls, billiard parlors, etc. ! PC D D I D Post offices 1 'PC A A A A - Allowed The director shall determine if a proposed, unlisted D - Director's approval required use is similar to a listed use. Numbered notes are PC- Planning Commission approval required at end of chart. A/D- Director's approval on ground floor; allowed above 40 TABLE, 9 (Continued) R-1 R-2 R-3 IR-4 C/OS 0 :PF C-N C-C C-R C-T C-S M USES ALLOWED BY ZONE Printing & Publishing D D A I A Produce stand (incidental sales of D items produced on the premises) Professional Offices (attorneys, A A/D A architects, counselors, medical services, accountants, investment brokers, realtors, appraisers) except engineers & industrial design Profession Offices - engineers and A A/D A ID industrial design Public assembly facilities (community PC D D D PC meting rooms, auditoriums, convention /exhibition halls) Railroad yards, stations, crew facilties Refuse hailing, septic tank, and portable toilet services Repair services - household appliances, locksmiths, saw sharpening, shoe repair Residential care facilities see dwellings Restaurants, sandwich shops, takeout food, etc. Retail sales - building & landscape materials (lumber ' yards, nurseries, floor and wall coverings, paint, glass stores, etc.) Retail sales - appliances, furniture and furnishings, musical instruments; data processing equipment, business, office, and medical equipment stores; catalog stores; sporting g)ods, outdoor supply Retail sales s—ird —reiitil- - autos, trucks, motorcycles, RV's D A A A A A A D A A A ID A A A A ID A !A ID A - Allowed The director shall determine if a proposed, unlisted D - Director's approval required use is similar to a listed use. Numbered notes are PC- Planning Commission approval required at end of chart. A/D-Director's approval an ground floor; allowed above 41 _ TABLE 9 (Continued) R -1 R -2 I R -3 R-4 C /OS 0 I PF 'C-N C-C C -R C -T C -S M USES ALLOW® BY ZONE { - Nursery schools, child daycare - Elementary, junior high, high I D j D i I schools for disabled/ Retail Sales - auto parts and D A A PC accessories except tires and batteries as principal use colleges /universities D Retail sales - tires and batteries j I A A/D I A I PC I 5 D - Business, trade, recreational, or other specialized schools - Boarding schools & academies PC PC I Retail sales and rental - boats, A PC aircraft, mobile hares I I A I I A/D I I D reporting, stenography, typing, I ! Retail sales - groceries, liquor, & telephone answering, etc.) I A A A PCi D specialized foods (bakery, meats, A - Allowed The director shall determine if a proposed, unlisted D - Director's approval required use is similar to a listed use. Numbered notes are PC- Planning Commission approval required at end of chart. A/D- Director's approval on ;round floor; allowed above dairy items, etc.) j I Retail sales - general merchandise (drug, hardware, discount, de- partment & variety stores) - 15,000 sq. ft. or less gross i I floor area per establishment i A A A PC ' I - 15,001 to 60,000 sq. ft. gross j floor area per establishment — I PC A ___� _ A PC j -iwre than 60,000 sq. ft. gross i I � floor area per establishment j PC D PC Retail sales and rental - specialties I A A (shoe stores, clothing stores, book/ record /videotape stores, toy stores, i I I j I •. stationery stores, gift shops) i (see Section 4800 - Mi77f- Rntorta4nman+- Fetah7ichmant-S) 42 A �D D D Schools i PC! PC D PC PC D I D D - Nursery schools, child daycare - Elementary, junior high, high I D j D i I schools for disabled/ ischools; handicapped colleges /universities D PCI A/D A D I 5 D - Business, trade, recreational, or other specialized schools - Boarding schools & academies PC PC I Secretarial & related services (court I I A I I A/D A, D reporting, stenography, typing, telephone answering, etc.) A - Allowed The director shall determine if a proposed, unlisted D - Director's approval required use is similar to a listed use. Numbered notes are PC- Planning Commission approval required at end of chart. A/D- Director's approval on ;round floor; allowed above 42 --I TABLE 9 (Continued) R-1 R-2 R-3 R-4 C/OS 0 PF I C-N i C-C- C-R O-T C-S M AUDWED USES BY ZONE stations (see section 9202.1.C) D D IService D A A Skating rinks PC I A PC A D PC PC Social service & charitable agencies A D i D i Stadiums PC i PC PC Swap meets PC PC Swinning pools (public) PC PC PC PC Tallow works i I PC T Telegram office i A A A D Temporary Parking Lots (See Section 9202.1.A.9) Temporary real estate sales D D D i D office in tract i I I I (See Section 9202.1.A.2) Temporary sales j D D D i D D i D (See Section 9202.1.A.10) Temporary uses - not otherwise D D D D D D D I D D D 1 D D I D listed (See Section 9202.1.A.11) (see section Theaters Adult Entertainment Establishmen ts) i A I D D A A I PC D Ticket/travel agencies Tire recapping A A Title companies i A A A IA Trailer rental i D A Trucking/taxi service j i A A A - Allowed The director shall determine if a proposed, unlisted D - Director's approval required use is similar to a listed use. Numbered notes are PC- Planning Commission approval required at end of chart. A/D-Director's approval on ground floor; allowed above 43 USE REXLATIONS - NOTES 1. In the C -N zone, only branches of banks are allowed - no headquarters. 2. Except for condominiums, the development of rmre 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, dwllings on a site occupied by residential uses only are allowed. Dwellings on a site with nonresidential uses require approval of an adminiitrative use permit. 4. In the C-N zone, hot tubs /spas for cam-ercial use must be enclosed. 5. In the M zone, schools are limited to those offering instruction in fields supportive of allowed uses. 6. In the 0, C-C and C -R zones, animals at veterinarian's facilities crust be kept within a building. 7. In the C-N zone, branch libraries only are allowed. 45 B. PROPERTY DEVELOPMENT STANDARDS. 1, Maximum density: 12 units per nec acre (See also Section 9202.5.A . 2. Yards: See Section 9202.5.B• 3. Maximum height: 35 feet (See also Sections 9202.5.B and 9202.5•D)• 75 percent (See also Section 9202.S.C)• 4. Maximum coverage: See Section 9202.5.F. 5. Parking requirements: SECTION 9203.9 RETAIL - COMMERCIAL (C-R) ZONE _ - - - - -- A, PURPOSE AND APPLICATION_ The C -R zone is intended to provide for a wide range of retail sales, professional services, as well as recreation) and business, personal, and per residences. Uses in this entertainment, transient lodging, zone will generally be those serving communi zo ty -wide and regional markets, zo and travelers. It will be applied to areas designated well l tourists plan map. "retail - commercial" on the general B, PROPERTY DEVELOPMENT STANDARDS. s including dwelling 1, Maximum density: 36 units per net acre oer hotelworlmotel units. (See also units in hotels and motels, but not including Section 9202- .5.A.) ards: See Section 9202.5.B. 2. Minimum street and other y 3, Maximum height: feet 45 See also Sections 9202.5 and 9202.5.D)• 4. Maximum coverage: 100 percent. 5. Parking requirements: See Section 9202.5.F• SECTI0�03,10 CENTRAL - COMMERCIAL (C -C) ZONE A. PURPOSE AND APPLICATION. for a The C -C zone is intended to regional dmarket demands. It IS and services meeting comm Y intended to be applied within the central business district, in the area dominated by pedestrian trade, where the historical pattern . development limits building form and the availability aacteristics sit parking area and zone is meant to maintain the desirable accommodate carefully integrated new development, while recognizing that the uses of structures within the district tend to change. B. PROPERTY DEVELOPMENT STANDARDS• per acre for all dwellings, including dwelling units 1. Maximum densit : 36 units p in hotels and motels, but not including other hotel or motel units. (See also Section 9202.5.A.) ards: See Section 9202.5.B. 2. Minimum street and other y See also Sections 9202.5.B and 3. Maximum height: 50 feet; 9202.5.D). percent. 4. Maximum coverage: 100 p 53 5. Parking requirements: One -half of that required in Section 9202.5.F. The space requirement may be met by: a. Providing the required spaces on the site occupied by the use; b. Providing the required spaces off -site, but within 500 feet of the proposed use, in a lot owned or leased by the developer of the proposed use; C. Participating in a commonly held and maintained off -site parking lot where other businesses maintain their required spaces; d. Participating in a parking district which provides parking spaces through a fee or assessment program. (This subsection may be satisfied by participation of the underlying property in a parking district by December 31, 1984. If by that date the underlying property is not participating in such a district, the parking requirement shall be otherwsie met.) e. Any combination of the above. The Community Development Department shall be notified of the expiration or termination of any agreement securing required parking. The department shall schedule a public hearing before the Planning Commission to consider revocation of the use authorization where no alternative location for required parking is provided. SECTION 9203.11 TOURIST - COMMERCIAL (C -T) ZONE A. PURPOSE AND APPLICATION. The C -T zone is intended primarily to provide accommodations and services for the traveling public and will be applied to areas designated "tourist - commercial" on the general plan map. B. PROPERTY DEVELOPMENT STANDARDS. 1. Maximum density: 12 units per net and motels, but not including other hotel 2. Yards: See Section 9202.5.B. acre,including dwelling units in hotels or motel units. (See also Section 9202.5.A.) 3. Maximum coverage: 75 percent (See also Section 9202.5.0. 4. Maximum height: 45 feet (See also Sections 9202.53 and 9202.5.D T. 5. Parking requirements: See Section 9202.5.F. SECTION 9203.12 SERVICE - COMMERCIAL (C -S) ZONE A. PURPOSE AND APPLICATION. The C -S zone is intended to provide for storage, transportation and wholesaling as well as certain retail sales and business services which may be less appropriate in the city's other commercial zones. It will be applied to areas designated "service - commercial /light industrial" on the general plan map, typically those areas with more public exposure along arterial streets than places reserved for manufacturing. B. PROPERTY DEVELOPMENT STANDARDS. 1. Yards: Minimum street yards Where no building adjoins - and signs); shall be: 5 feet (requirement for parking lots 54 4. If the use or structure authorized by use permit i-0 not established within one year of the date of approval or such longer time as may be stipulated as a condition of approval, the use permit shall expire. Upon written request received prior to expiration, the Director may grant renewals of use permit approval for successive periods of not more than one year each. Approvals of such renewals shall be in writing and for a specific period. Renewals may be approved with new or modified conditions upon a finding that the circumstances under which the use permit was originally approved have substantially changed. Renewal of a use permit shall not require public notice or hearing, unless the renewal is subject to new or modified conditions. In order to approve a renewal, the director must make the findings required for initial approval. SECTION 9204.3 VARIANCES A. INTENT. The variance procedure is intended to allow minor relaxation by the Director of certain standards that would otherwise prevent a property from being used in the same manner as other, similar property, where the intent of these regulations is not compromised by such minor relaxation. B. SCOPE. Yards, height limits, coverage, and parking space requirements may be relaxed. No variance to use regulations or density standards may be granted. C. PROCEDURE. 1. Application shall be in the form prescribed by the Director, shall state the precise nature of the grounds for the variance sought, and shall generally follow the form established for use permits. 2. Notification requirements and actions of the Director shall be as provided for administrative use permits in Section 9204.2.C.1. (See also Section 9204.2.C.2.c.) D. FINDINGS. In order to approve a variance, the Director, Planning Commission or City Council must make each of the following findings: 1. That there are 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; 2. That the variance will not constitute a grant of special privilege -- an entitlement inconsistent with the limitations upon other properties in the vicinity with the same zoning; 3. That the variance will not adversely affect the health, safety, or general welfare of persons residing or working on the site or in the vicinity. E. Expiration. If the entitlement authorized by variance is not established within one year of the date of approval or such longer time as may be stipulated as a condition of approval, the variance shall expire. Upon written request received prior to expiration, the Director may grant renewals of variance approval for successive periods of not more than one year each. Approvals of such renewals shall be in writing and for a specific period. Renewals may be approved with new or modified conditions upon a finding that the circumstances under which the variance was originally approved have substantially changed. Renewal of a variance shall not require public notice or hearing, unless the renewal is subject to new or modified conditions. In order to approve a renewal, the director must make the findings required for initial approval. SECTION 9204.11 DEFINITIONS Certain terms used in these regulations are defined as follows: Accessory means clearly subordinate or incidental and directly related to a permitted use or structure. Accessory use includes active or passive solar heating systems and cogeneration facilities. Bed and Breakfast: See "Hotel." Block front means all the properties fronting on one side of a street, between intersecting streets or a street and a railroad, waterway, cul -de -sac, or unsubdivided land. Boarding house means a building or buildings, including off - campus dormitories, occupied by six or more individuals and where two or more separate rooms are rented or leased and common eating facilities are provided, excluding fraternities and sororities. Building means any structure used or intended for sheltering or supporting any use or occupancy. Carnival - see "festival." Convalescent hospital means a residential facility which provides limited medical care, excluding acute medical care. Corner lot means a lot with frontage on two streets which intersect at an angle of 135 degrees or less. Den (or family room, sewing room, loft, or studio) means a room which is open on at least one side, does not contain a wardrobe, closet or similar facility, and which is not designed for sleeping. Director means the director of the Community Development Department, or someone designated by him to act on his behalf. District - see "Zone." Drive - through facility means one in which vehicles line up for service at definite spots and where customers are served without leaving their vehicles. Dwelling means a building or mobile home on a permanent foundation with provisions for sleeping, cooking, and sanitation, and with permanent connections to utilities, providing independent living space (see Section 9202.5.A.1. for explanation of dwelling "units "). 73 Lodge - see "Private club." Lot means: a. A parcel of real property with a distinct designation delineated on an approved survey map, tract map, or parcel map filed in the office of the County Recorder and abutting at least one public street, or b. A parcel of real property containing at least the area required for the zone district in which it is located, abutting at least one public street or other access approved by the City Council, and held under separate ownership from adjoining property. Motel - see "Hotel." Nightclub mans a bar, restaurant, coffee house or similar establishment where a dance floor or entertainment is provided. Nursery school - see "Educational facilities." Office means a business establishment or agency which renders personal, professional, business or governmental services or performns administrative activities, including sales or repair only as an accessory activity. Outdoor sales means the sale of items regularly stored or displayed outside a building, where such items are visible from a public right -of -way or neighboring property. Overlay zone means a zone applied in combination with other zone districts in order to impose additional restrictions or to allow greater variety than is possible with the underlying zone. Setback line means an offically adopted line determining the extent of a future street or other public right -of -way. Private club (or lodge) means a premises accommodating bona fide members and their guests only, for social, cultural, or educational activities, and only incidentally used for gatherings of other than the club's members. Rest home means a residential facility for six or more elderly or infirm persons, all of whom are ambulatory and do not require confinement or regular nursing or medical care on the premises. Residential care facility means a premises on which a state - authorized, certified, or licensed facility provides accommodations and care or supervision for not more than six dependent and neglected children or handicapped children or adults, as provided in Section 1502 and following the California Health and Safety Code. School - see "Educational facilities." 75