HomeMy WebLinkAbout1102ORDINANCE NO. 1102
(1987 Series)
e
AN ORDINANCE OF THE CITY OF SAN LUIS OBISPO
AMENDING VARIOUS SECTIONS OF THE ZONING ORDINANCE
(TITLE 17 SAN LUIS OBISPO MUNICIPAL CODE)
WHEREAS, the Planning Commission and the City Council have held
hearings to consider various amendments to the zoning regulations as
illustrated on Exhibit "A" in accordance with the California
Government Code; and
WHEREAS, the City Council finds that the proposed zoning text
amendments are consistent with the general plan; and
WHEREAS, the proposed amendments help promote the public health,
safety, and welfare.
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of San
Luis Obispo as follows:
SECTION 1. That the Zoning Ordinance (Title 17 of the San Luis
Obispo Municipal Code) shall be amended as shown on Exhibit "A"
attached hereto and made a part of by this reference.
SECTION 2. After City Council review and consideration, the
Community Development Director's action to grant a negative
declaration pursuant to the City Environmental Procedures and
California Environmental Quality Act is hereby affirmed.
SECTION 3. A summary of this ordinance, approved by the City
Attorney, together with the ayes and noes, shall be published at
least five (5) 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. A copy of the full text of this
ordinance shall be on file in the office of the City Clerk on and
after the date following introduction and passage to print and shall
be available to any interested member of the public.
INTRODUCED by the Council of the City of San Luis Obispo, at its
meeting held on the 20th day of October
on motion of _Councilman Settle , seconded by
Griffin , and on the following roll
AYES: Councilmembers Settle, Griffin, Dovey and Mayor Dunin
NOES: None
ABSENT: Councilmember Penny Rappa
F=M-aya-r�RO D
ATTEST• ()
rjo
City C ark PAM V GES
_, 1987,
Councilman
call vote:
r% 1 1 W)
Page 2
Ordinance No. 1102 (1987 Series)
APPROVED:
Cit Admin'strative Officer
City Atto ney
/'lrl 2c
Community Development Director
Note: Exhibit "A" is text of all amendments contained
in body of staff report.
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ORDINANCE N0, 1102
(.19 87 Series)
FINALLY PASSED this 1st day of December
19 87, on motion of Councilwoman Rappa , seconded by
Councilman Settle , and on the following roll call
vote:
AYES: Councilmembers Rappa, Settle, Pinard and Reiss
NOES: Mayor Dunin
ABSENT: None
®.o
yor Ron Dunin
ATTEST:
Cle[ v�
City erk Pam V es
Zoning Amendments
Page 1
1. Amend definition of " boardinghouse" as follows:
17.04.050 Boardinghouse
"Boardinghouse" means a building or buildings, occupied by six more more individuals
and where two or more rooms are rented or lease independently of each other and meals
are prepared and provided as part of the lease arrangements, excluding fraternities
and sororities.
2. Amend definition of "Residential care facility" as follows:
17.04.340 Residential Care Facility
"Residential care facility" means a premises on which a state - authorized, certified
or licensed facility provides accommodations and care or supervision for children or
adults requiring such accommodations, as provided in the California Health and Safety
Code.
3. Amend three sections of the zoning regulations that address temporary uses and
outdoor sales, as noted below.
17.04.440 Definitions
Delete the definition of temporary sales.
rq
Zoning Amendments
Page 2
Add to the section on "Uses Allowed In Several Zones:"
17.08.090.
I
A. "Outdoor sales" means the business of selling outdoor items usually sold indoors,
such as flower or vegetable stands, sales from vehicles, or swap- meets. Outdoor
sales may be temporary, intermittent, or permanent. "Outdoor sales" do not include
incidental outdoor displays of merchandise associated with a business occupying a
building on the site, nor sale of things usually sold outdoors, such as building or
landscape materials. (See also Chapter 5.16 - Solicitors and Peddlers and Chapter
5.48 - Sales on Streets and Sidewalks).
B. Outdoor sales require approval of a use permit. Where sale of a particular type
of merchandise is allowed or allowed with administrative use - permit approval, outdoor
sale of that type of merchandise may be allowed upon approval of an administrative
use permit. Where sale of a particular type of merchandise is allowed upon approval
of a use permit by the Planning Commission, outdoor sale of that type of merchandise
may be allowed upon approval of a use permit by the Planning Commission (see Section
17.22.010 - Uses Allowed by Zones).
C. Parking requirements, setbacks to sales or storage areas, safety and aesthetic
screening and other development standards usually related to buildings shall be
established by use permit approval.
Zoning Regulations
Page 4
4. Amend the home occupation regulations as follows:
17.08.040 Home Occupations
B. Permit Required.
1. The conduct of 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 permit is required when a person does business in his /her home.
Home occupations may be conducted from dwellings located in residential zones or from
dwellings located in residential zones or from dwellings located in commercial zones
where dwellings are an allowed or conditionally allowed use.
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.
C. General Requirements.
5. There shall be no advertising the home occupation by street address except
that street address may be included on business cards and business correspondence
originating from the home.
D. Prohibited Uses.
1. Automotive repair (body or mechanical), or detailing, upholstery or painting
of automobiles.
9. Gun or ammunition sales, including by mail order. (Ord. 1006 1 (part),
1984: Ord. 901 1 (part), 1982: prior code 9202.1(D))
Zoning Amendments
Page 3
Rewrite and consolidate the sections on temporary parking lots, temporary sales, and
other temporary uses (17.08.020 I, J, and K) into a new paragraph "I ".
17.08.020
I. Other Temporary /Intermittent Uses. A temporary use is one which is established
at a particular location for less than one year. An intermittent use is one which
occurs no more than 60 days in a year and for no more than seven consecutive days,
but which may continue from year -to -year. Upon approval of an administrative use
permit, the director may approve temporary or intermittent uses which are compatible
with their surroundings and otherwise consistent with the purposes of these
regulations.
Temporary or intermittent retail sales shall be limited to the types of retail sales
allowed by the location's zone
In approving a use permit for a temporary or intermittent use, the director shall
establish requirements for parking and other facilities to serve the use. The
director shall determine the extent to which any permanent parking and other
facilities provided for permanent uses on the site may satisfy the requirements for
the proposed use.
The director may refer the proposed use to the Planning Commission for action
Zoning Regulations
Page 5
5. Amend Section 17.12.020 regarding non - conforming lots as follows:
17.12.020 Regulations
A. If a nonconforming lot has been held in common ownership with any contiguous
property at any time since November 18, 1977, it may not be individually developed.
The area within such a lot may be developed only after it has been merged with
contiguous property, or otherwise resubdivided in conjunction with the contiguous
property to create one or more conforming parcels or one parcel which more nearly
conforms.
B. In an R -1 or R -2 zone, the merger or resubdivision requirement set forth in the
first paragraph of this subsection shall not apply to a nonconforming lot and
contiguous commonly owned property where each of the parcels has an area, width,
depth and frontage equal to at least eighty percent (80 %) of the minimum required in
the Subdivision Regulations (Title 16 of this code). `
(Note: Re- letter B and C below to C and D, respectively).
7. Delete parenthetical notes in Table 3 of Section 17.16.020 (C) (2) which
indicate maximum heights in the R -1 and R -2 zones.
8. Revise Section 17.16.020 (E) (2) (d) regarding exceptions to yard variations for
older, already- subdivided areas as follows:
Zoning Regulations
Page 6
d. Other Yard Variations in Previously Subdivided Areas. Upon approval of a use
permit, the director may allow other yards to be reduced to zero under either of the
following circumstances:
L When there exists adequate recorded agreement running with the land to
maintain at least ten feet of separation between buildings on adjacent parcels; or
ii. When the reduction is for a minor addition to an existing legal structure
which is non - conforming with regard to yard requirements and provided that the
director makes the following findings:
* that the minor addition is a logical extension of the existing
non - conforming structure;
* that no useful purpose would be realized by requiring the full yard; and
* that no significant fire protection, emergency access, privacy or
security impacts are likely from the addition;
* that it is impractical to obtain a ten -foot separation easement pursuant
to subsection "i" above.
All such additions shall comply with applicable provisions of Title 15
'Building and Construction Regulations: of this code (see also Chapter 17.14
"Non- conforming structures ").
Zoning Regulations
Page 7
10. Modify Table 6 "Parking Requirement by Use" for the following items:
Auto dismantling, scrap dealers,
recycling centers
Residential care facilities less
than six residents
Residential care facilities greater
than six residents
One space per 500 square feet of gross
floor area plus one space per 10,000
square feet outdoor storage area, but in
no case less than 4 spaces.
Same as single- family dwelling
Two spaces for each facility plus one
space per four adult residents and one
space per six juvenile residents.
Dwellings: R -1 and C /OS: 2 spaces per' dwelling, one of which must be covered. All
other zones:
1 per studio apartment;
Zoning Regulations
Page 8
1.5 for one bedroom units or units greater than 450 but not more than 850 sq. ft.;
2.0 for two bedroom units or units greater than 850 but not more than 1300 sq. ft.;
2.5 for three bedroom units or units greater than 1300 but not more than 1600 sq.
f t.;
3 plus .5 for each bedroom beyond four for four bedroom units or units greater than
1600 sq. ft.
plus 1 for each five units in developments of more than five units (See Section
17.16.010.A.1).
11. Add a new section, 17.16.060.H. to clarify when additions can be made to
existing structures which are non - conforming because they lack parking:
17.16.060 Additions and changes in use for existing uses or structures which do not
meet current parking standards
1. Minor additions. Minor additions to existing legal structures or uses which are
non - conforming because they do not meet current parking standards may be permitted if
they meet the following requirements:
a. The parking spaces required for the addition are provided in conformance
with this chapter, in addition to all parking spaces already provided for the
existing use or structure; and
b. All existing parking shall be in substantial compliance with parking and
driveway standards; and
Zoning Regulations
Page 9
c. The addition is not more than 25 percent of the existing gross floor area or
1000 square feet, whichever is greater; and
d. For residential projects, at least one legally conforming space is provided
for each existing unit in addition to all parking required for the addition itself;
2. Larger additions. Existing legal structures or uses which are non - conforming
because they do not meet current parking standards may be expanded more than 25
percent of the existing gross floor area or 1000 square feet, subject to the
following:
a. All existing parking shall be in substantial compliance with parking and
driveway standards; and
b. All required parking for the existing use or structure plus that required
for the addition is provided; or an administrative use permit is obtained and parking
is provided pursuant to the following chart:
Increase in gross
floor area
25 - 49%
50 - 74%
> 75%
parking provided for
addition in addition
to existinp, oarkiniz
100%
100%
100%
parking provided for
existing use or
structure is atleast
50%
and for residential projects, at least one legally conforming space is provided for
each existing unit in addition to all parking required for the addition itself.
75%
100%
1
Zoning Amendments
Page 10
3. Use changes. Changes in use, which increase the total parking demand, from
existing, legal uses which are non - conforming because they do not meet current
parking requirements may be permitted so long as the number of spaces equal to the
difference between the number required by the previous use and the number required by
the new use is provided, in addition to all spaces already provided for the previous
use.
13. Remove the noise section in Chapter 17.18 "Performance Standards" and simply
reference the noise ordinance as contained in Chapter 9.12:
17.18.010 Noise
A. No use shall be established nor any activity conducted which violates the
standards of the noise ordinance (Chapter 9.12). (delete rest of section)
Zoning Regulations
Page 11
14. Make various changes to the "Uses allowed by zone" table (Section 17.22.010, Table
9) :
TABLE 9 R -1 R -2 R -3 R -4 C /OS 0 PF C -N C-C C -R C -T C -S
USES ALLOWED BY ZONE — — — — — — — — — — —
Amusements arcades
PC D D D
see ALSO Sec. 4950, Electronic
Cane Amusement Center
Athletic & health clubs,
D PC D PC PC PC
gymnasiums, fitness centers,
Auto sound system Installation
D10 D10 A A
Bars, taverns, etc.
(see "Nightclubs ")
D D D D D D
Barbers, hairstylists,
A A A PC D
manicurists, tanning centers
Mobile Home Parks PC PC PC PC
Boarding/roaning houses, PC D
D D
dormitories (See also
17.20)
Convents & Monasteries PC A A
D
(See also 17.20)
Zoning Regulations
Page 12
TABLE 9 (continued) R -1 R -2 R -3 R-4 C/OS 0 PP C -N GC C -R C -T C-S M
USESALLOWED- BY ZONE. _ . _ _- _.. __ -._ .... -._ -- -- ................._...._....._ _ _ .. .....__._...__.__...- ..._...... -._ ___..._._ _...._ -. -_ - .. _ ..... _ - -
Residential care facilities- A A A A A A A/D A/D A/D D
6 or fewer residents
Residential care facilities_ PC PC D PC PC D
- more than 6 residents
10. 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.
................. ...............................
15. Add an additional footnote to the Table 9 that provides flexibility for the
design of parking as a principal use:
17.22.010 (Add footnote 13)
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.
Zoning Amendments
Page _ 13
18. Amend the text concerning building height to correct a previous error.
17.16.040 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 adding the elevation of the lowest point of the part of the
lot covered by the building to the elevation of the highest point of the part of the
lot covered by the building, and dividing by two.
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