HomeMy WebLinkAbout0308ORDINANCE NO. 308 (1965 Series)
'\A)N ORDINANCE PROVIDING FOR AMENDMENTS,
ADDITIONS AND REPEAL OF PORTIONS OF ARTICLE
III, ARTICLE V AND ARTICLE IX OF THE SAN LUIS
OBISPO MUNICIPAL CODE
BE IT ORDAINED by the Council of the City of San Luis Obispo as follows:
SECTION 1. That the following portions of Part 4, Chapter 1, Article III of the San
Luis Obispo Municipal Code, dealing with Fire Zones, shall be and are hereby changed to
read as follows:
A. Amend Section 3140. 1, entitled Fire Zone Map to read as follows:
Section 3140.1. Fire Zone Map_.
The designations, locations and boundaries of the fire zones established
are delineated upon the map entitled "Fire Zone Map for the City of San Luis Obispo,
California, " dated December 30, 1963, and now on file in the office of the City Clerk,
which map and all locations and information thereon are hereby made a part of this
section by reference.
B. Repeal Section 3.
C. Enact Sections 3140.2 and 3140.3 to read as follows:
Section 3140.2. Annexations.
Land annexed to the City shall be in Fire Zone No. H if zoned to any
C or M District, and to Fire Zone No. III if zoned to any R or U District.
Section 3149.3. Zone Changes.
(a) Land rezoned to any C District which is contiguous to Fire Zone I
shall be in Fire Zone I.
(b) Land rezoned to any C or M District other than the above shall be
in Fire Zone H.
(c) Land rezoned to any R or U District shall be in Fire Zone III.
SECTION 2. That Sub - sections (a) and (b) of Section 5100.14, entitled Trailer Site
Areas, of Chapter 1, Article V of the San Luis Obispo Municipal Code, shall be and are
hereby amended to read as follows:
Section 5100.14. Trailer Site Areas.
(a) Each trailer site in an auto and trailer park shall not'be less than
1,200 square feet in area and not less than twenty -five (25) feet in width. The corners
of said area shall be clearly and distinctly marked. Each trailer site shall be num-
bered or otherwise marked for identification purposes.
(b) No trailer coach shall be located closer than ten (10) feet from any
building or closer than ten (10) feet from another trailer coach.
SECTION 3. That the following portions of Chapter 2, entitled Zoning or Districting
Plan, of Article IX of the San Luis Obispo Municipal Code shall be and are hereby repealed,
amended or enacted as follows:
A. Repeal the following Sub - sections of Section 9200.1 entitled Definitions:
(i) "BUILDING SITE "
(o) "DWELLING, TWO FAMILY OR DUPLEX"
(q) "DWELLING GROUPS"
(t) "GARAGE" or "CAR PORT"
(u) "GARAGE SPACE"
(w) "HOME OCCUPATION"
(z) "LOT"
(ac) "PARKING SPACE"
(ad) "PROFESSIONAL OFFICE"
(af) "SIDE AND FRONT OF CORNER LOTS"
(an) "YARD"
B. Enact the following Sub - sections of Section 9200.1 entitled Definitions:
(w) "HONIE OCCUPATION ": Gainful employment engaged in by the
occupants of a dwelling subject to the requirements of Section 9200.16.2, entitled
"Home Occupations. "
(z) "LOT": A legally subdivided and recorded area of land.
(ac) "PARKING SPACE": An accessible and usable open space for
the parking of automobiles off the street which complies with the requirements of
Section 9200.16.1, entitled "Parking Regulations. "
(an) "YARD ": Required open area unoccupied by any structure
except as permitted by this Ordinance.
(ar) "YARD STREET ": That area extending along a property line
adjoining any street(s) orBailding Setback Line adopted under Section 9300. Formerly
"YARD FRONT" (also includes side yard on a corner lot line.)
(as) "YARD OTHER": That area extending along any property line
which does not adjoin a street. Formerly "YARD REAR" and "YARD SIDE. "
as follows:
C. Amend Section 9200.4, entitled Establishment of Districts, to read
The several districts established are as follows:
District Name
R -1
Residential Low Density
R-2
Residential Medium Density
R -3
Restricted Multiple Family Residential
R-4
General Multiple Family Residential
R -H
Residential High Density
R-0
Residential /Office
R -C
Residential /Commercial
C-1
Neighborhood Commercial
C-2
Central Commercial
C-3
Heavy Commercial
M
Industrial
H
Combining
U
Unclassified
-2-
i
D. Enact Section 9200.5.1 to read as follows:
Section 9200.5.1 Zoning District Boundaries
(a) Boundaries between zoning districts generally follow lot lines
or their extensions, or other clearly defined features.
(b) Boundaries adjoining streets shall be assumed to follow the
center lines of such streets.
(c) The location of boundaries which do not follow any clearly '
defined line and are not dimensioned shall be determined by the Planning Director.
E . Repeal Sections 9200.7, 9200.7A, 9200.7B, 9200.8 of the San Luis
Obispo Municipal Code.
F . Enact Sections 9200.7 through 9200.8C as shown on the tables marked
Exhibit "A ", Pages 1, 2 and 3, attached hereto and incorporated by reference.
a-
G. Repeal the following portions of Sub - section (1) entitled Uses, Sub-
section (3) entitled Building Site Area, Sub - section (4) entitled Yards, Sub - section (6) entitled
Non - Conforming Building and Sub - section (7), of Section 9200.16 entitled General Provisions
and Exceptions, as follows:
(1) Uses:
(fl
(g)
(h)
(i)
(3) Building Site Area:
(a)
(b)
(4) Yards:
(b)
(c)
(e)
(g)
(6) Non - Conforming Building.*.
(7)
(c)
(2)
(4)
H., Amend the following portions of Section 9200.16 entitled General Pro -
visions and Exceptions to read as follows *. -
(4) Yards:
(a) Where four or more lots in a block have been improved
with buildings, the minimum required street yard for main buildings shall be the
average of the improved lots if less than the street yard requirements herein.
-3-
I. Enact the following Sub - sections of Section 9200.16 entitled General
Provisions and Exceptions, to read as follows:
(3) Non - Conforming Lots:
A lot of less area or width than required by the Zoning or Sub-
division regulations may be developed under the following circumstances:
(a) A lot with less than fifty (50) feet of frontage may be
developed, provided that no adjoining lot has been in the same ownership at
any time since January 17, 1955.
(b) Lots with frontages of fifty (50) feet or more recorded
before January 17, 1955 may be developed individually regardless of owner-
ship.
(4) Yards:
(b) Decorative projections, chimneys, open porches, land-
ings, or open stairways may project three (3) feet into any required yard.
(7)
(2) The original lot shall have frontage on a dedicated
street of at least sixty (60) feet, plus the access required to potential rear
lots.
(4) Each lot shall have yards as required in the R -I
District. A ten (10) foot yard shall be provided along the access road.
(5) The area of each lot, exclusive of the access road, shall_
comply with the 'Table of Lot Areas, " as set forth in Section 9100.2. (3) (a),,
(6) Any garage facing the access road shall be set back
twenty (20) feet from such road.
J . Enact Sections 9200.16.1 and 9200.16.2 to read as follows:
Section 9200.16.4 Parking Regulations .
Any new parking lot, or lot which is extended in area, must conform
to the following standards:
(a) Layout:
(1) - Size and arrangement of spaces as shown on Diagram
3, attached hereto.
(2) Parking lots with four or more spaces must be designed
so that automobiles will exit onto a public street in a forward direction.
(3) A parking space facing a wall containing entrances must
be at least four (4) feet clear from such wall .
(4) No portion of any parking space or aisle permitted in a
required street yard area.
(5) Parking lots shall be paved with a minimum of one (1)
inch plant mix over four (4) inches imported base material.
(6) Lighting to be arranged so as not to shine directly into
adjoining residential districts.
-4-
(b) Location and Size:
(1) Required parking spaces are to be on the same lot as the
use served, unless otherwise approved by the Planning Commission.
(2) Number of spaces to be as required by the Zoning
Districts.
(c) Landscaping.
(1) Any parking lot for four or more cars adjoining a street
must have the street frontage(s) screened with a three (3) foot high wall, fence,
or hedge to the approval of the Planning Director.. The space between such
screen and the street to be landscaped. A lot adjoining residential development
must be screened by a six (6) foot high wall, fence or hedge.
(2) A parking lot with ten (10) or more spaces must have at
least two per cent (217c) of its surface area, exclusive of frontage planting, de-
voted to landscaping.
(3) Trees, shrubs, etc. must be watered, maintained and $r
dead shrubs, etc. replaced.
(d) Submittal of Plans:
Plans adequate to show the design, arrangement and landscaping
of a parking lot must be approved by the City Engineer and Planning Director.
(e) Appeal:
Any person aggrieved by a decision of the City Engineer or
Planning Director may appeal in writing to the Planning Commission, which
shall consider such appeal at its next regular meeting.
Section 9200.16.2 Home Occupations
(a) Definition:
Gainful employment engaged in by the occupants of a dwelling
only, subject to:
(1) Incidental to residential use.
(2) No display or sales on premises. No outdoor storage.
(3) No signs except as permitted by the Sign Ordinance.
(4) No vehicle larger than a 3/4 ton truck to be used in con-
nection with Home Occupation. Provision must be made for off street parking
of such vehicle in addition to standard requirements.
(5) Activities to be completely within an enclosed building and
not encroach on any required parking space .
(6) Such activities shall not interfere with the peace and quiet
enjoyment of the neighborhood.
(b) Categories:
For the purpose of this Ordinance, Home Occupations are
divided into two (2) categories:
(1) Baby sitting, business use of telephone; music or dancing
lessons limited to one student at a time; stenography; sewing; washing and
ironing; practice of architecture, accounting, engineering and law; artist's
studio.
(2) Music or dancing lessons for up to ten (10) students; re-
pair of small appliances, radio, T.V., etc.; sign painting.
-5-
Other Home Occupations clearly similar to the above may be
approved in Category 1 by the Planning Director, or Category 2 by the Board
of Adjustments .
In case of doubt, the application shall be referred to the Planning
Commission for a determination.
K. Repeal the following portions of Section 9200.17, entitled Use Permits
and Variances:
(c) Application
(f) Appeal
(4)
(g) Special Limited Use Permits and Variances:
(1) Board of Adjustments
(b)
(2) Use Permits
(b)
(c)
W
(3) Variances
(4) Appeal from Board of Adjustments
(c)
L. Amend Section 9200.17, entitled Use Permits and Variances, Sub-
section (e), (1), entitled Use Permits, to read as follows:
(e) Action by Commission
(1) Use Permits
in order to grant any Use Permit the findings of the
planning Commission shall be that the establishment, maintenance of operation
of the use or building applied for will not, under the circumstances of the parti•
cular case, be detrimental to the health, safety, peace, morals, comfort and
general welfare of persons residing or working in the neighborhood of such pro
posed use or be detrimental to property or improvements in the neighborhood
or to the general welfare of the city..
The Planning Commission may deny or designate such
conditions in connection with the Use Permit as it deems necessary to secure
the purposes of this Chapter, and may require guarantee and evidence that
such conditions will be complied with.
M. Enact Section 9200.17 (c), entitled Application Fee, to read as follows:
(c) Application Fee:
Application for a Use Permit shall be accompanied by a fee of
Ten Dollars ($10.00). Application for a Variance shall be accompanied by a
fee of ,Twenty -Five Dollars ($25.00).
(2) The Director shall arrange a study meeting of the Sub-
division Review Board or a sub - committee of the Planning Commission,
at his discretion, to discuss the proposal with the applicant.
(3) The application, amended to include any changes recom-
mended and accepted by the applicant at the study meeting, shall then
follow the hearing procedure set forth in Section 9200.19, except that
the Council may approve the application by Resolution.
(b) Precise Development Plan
(1) Within the time limits specified in the approval of the
Preliminary Plan, a Precise Development Plan of each stage shall
be submitted to the Planning and Building Department, accompanied by
the plans and documents required by Section 9200.18.7. Three (3)
copies of the plot plan shall be submitted and an 8 1/2" x 11" trans-
parency or tracing.
(2) The Precise Development Plan shall be reviewed by the
City Engineer and Planning Director for conformity with the approved
Preliminary Plan and time schedule. If satisfactory, the Plan shall then
be referred to the next regular meeting of the Planning Commission for
approval. No building permit shall be issued for any part of the develop-
ment prior to approval of the Precise Plan by the Planning Commission.
R . Repeal Section (B) of Section 9200.18.4, entitled Preliminary Develop-
ment Plan Approval and Time Limitation.
S. Repeal Section 9200.18.5, entitled Precise Development Plan Approval
and T }me Limitations.
T. Amend Section 9200.18.8, entitled Planned Development Applied to
Subdivisions, to read as follows:
Section 9200.18.8 Planned Development Applied to Subdivisions
(1) The Planned Development procedure is not intended to be used in
conjunction with the subdivision of land. However, provided the Commission is
satisfied that adequate provision is made for access to and use of recreation
and other communal facilities, approval may be given to process a subdivision
through the normal procedure.
(2) In case a subdivision is requested subsequent to the approval of
a Planned Development, each parcel of land shall be reviewed as a separate
Planned Development unless adequate safeguards are provided to the satisfaction
of the Planning Commission, as set out in Sub - section (1) hereof.
(3) A Planned Development which is intended to be subdivided ad"&
Condominium or other type of joint ownership development may be approved',!
recognizing that the lot sizes do not comply with the Subdivision Regulations,
provided the Condominium complies in all respects with State requirements,
and copies of all documents are submitted to the Planning Commission for re-
view.
U. Repeal Section 9200.18.9, entitled Additional Purposes, Regulations,
Limitations and Restrictions.
N. Amend Section 9200.17 (e) (3), to read as follows:
(3) The Planning Commission shall render its decision on any Use
Permit or Variance within thirty-one (31) days following the close of the public
hearing.
O. Amend Section 9200.18.1 (A), to read as follows:
Section 9200.18.1. Planned Development Districts
A . INTENT
The Planned Development procedure is intended to permit and
encourage the use of new concepts of land development and flexibility of planning
with appropriate safeguards and controls, by allowing.
(1) Rezoning for a specific use or uses subject to a time
schedule, where a permanent change in the zoning designation would
not be appropriate; to avoid excessive areas of undeveloped land in
particular zones and to minimize the rezoning of land for speculative
purposes.
(2) A mixture of compatible uses meeting the principles of
the General Plan.
(3) Variations from the standards specified elsewhere in
this Ordinance, based on Section 9100.4, Optional Design and Improve-
ment Standards; with further relaxation of lot sizes, yards and density
requirements, when in the opinion of the Planning Commission and
approval of the City Council, the proposed development will enhance the
area in which it is proposed; by exceptional design and arrangement of
buildings, provision of open space and recreation facilities and land-
scaping, and the protection of the welfare and privacy of adjoining
properties.
(4) Condominium developments.
P. Amend Section 9200.18.1 (E) to read as follows:
E . TIME LIMITATION
A Precise Development Plan shall be submitted within the time
period specified by the City Council in their approval of the Preliminary
Development Plan. Failure to submit a Precise Development Plan within
this time period shall result in the zoning of the property reverting to
its original designation. Failure to commence construction according
to the time schedule specified in the approval of the Precise Development
Plan and completion thereafter with due diligence shall result in the
zoning reverting to its original designation.
Q . Amend Section 9200.18.3 entitled Ordinance Amendment Procedure, to
read as follows:
Section 9200.18.3 Application Procedure
(a) Preliminary Development Plan
(1) Application for a Preliminary Development Plan, accom-
panied by the plans and documents required by Section 9200.18.6, shall
be submitted to the Planning and Building Department with the required
fee. Twelve (12) copies of the proposed plot plan and a reduced tracing
or transparency 8 1/2" x 11" in size may be required by the Planning
Director:.
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V. Amend Sub - section (b) (1) of Section 9200.19, entitled Amendments,
to read as follows:
(1) The Planning Commission shall hold at least one (1)
public hearing on any proposed amendment, and shall give notice
thereof by at least one publication in a newspaper of general circulation
within the City at least ten (10) days prior to such hearing.
W . Amend Section 9200.20, entitled Interpretation, to read as follows:
Section 9200.20. Interpretation
When the provisions of this Chapter are in conflict with any other
Municipal, State or other laws, the more restrictive provisions shall apply.
SECTION 4. This Ordinance, together with the ayes and noes, shall be published
once in full, at least three days before its final passage, in the Telegram- Tribune, a news-
paper 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 PASSED TO PRINT this 22nd day of March, 1965 by the following
roll call vote:
AYES: R. L. Graves, Jr., Donald Q . Miller, Clell W. Whelchel,
Clay P. Davidson
NOES: None
ABSENT: Miss Margaret McNeil
ATTEST:
CITY CL9_Rk
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2o'
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( ALL STREET YARDS TO BE 20')
I
20'
R
/' O,\
r•
I
L.
20"
EXCEPTION PERMITTING 10' STREET YARDS
( GARAGE OR CARPORT MUST BE SETBACK 20' FROM STREET)
diagram 2 REOU IRED STREET YARDS
R-1 and R-2 DISTRICTS
4�
64' -0" FOR 2 -ROWS
NOTE: 10' STALL REQUIRED ADJACENT TO FENCE,
WALL, OR PROPERTY LINE
POST OR PIER X X
10'
A
9
9, �` /C\ S
- - - - --
'>
�- / �✓
'o
COVERED PARKING ANGLE PARKING
DRIVEWAY WIDTHS
D
MAX.
SINGLE DRIVEWAY
id -0"
R
I
—
12'- 8"
600
DOUBLE DRIVEWAY
16' -0"
V
DOUBLE — APARTMENTS
S
REET
DOUBLE — COMMERCIAL
PARKING LOTS
W
SCREEN
YARD
A
lop a- Y I
10
SEE
I I
NOTE
ENTRANCES TO
AISLE
g'
BUILDINGS
- - - - - --
20'-0° 24'-0" 1 20' -0" I
WHEEL STOPS
IF NEXT TO
-1 I - - - --
BUILDING OR
44' -0" FOR I- ROW
PROPERTY LINE
64' -0" FOR 2 -ROWS
NOTE: 10' STALL REQUIRED ADJACENT TO FENCE,
WALL, OR PROPERTY LINE
POST OR PIER X X
10'
A
9
9, �` /C\ S
- - - - --
'>
�- / �✓
'o
COVERED PARKING ANGLE PARKING
DRIVEWAY WIDTHS
MIN.
MAX.
SINGLE DRIVEWAY
id -0"
45°
SINGLE FOR RESIDENCE
12'- 8"
600
DOUBLE DRIVEWAY
16' -0"
Fq-o°
DOUBLE — APARTMENTS
24' -0"
20=
DOUBLE — COMMERCIAL
PARKING LOTS
30' -0"
DIMENSIONS
$
X
AISLE
45°
20'- 6"
12'- 8"
600
21'-10
is 1- 4"
Fq-o°
2o'- 0"
24' -0"
diagram 3 OFF STREET PARKING STANDARDS
F A=j 1 19 65 by, the
vINALLY thl-c 5th day of
follovdznr; poll call vote:
f.Y E L, Clay P. Davidson, R L. Graves., Jr., Miss Margaret McNeil
Donald Q. Miller, Ciell W. Whelchel
None
�7'
None
A E'J'S 31, Tf :
71,
JL z y Cffe r
_Y, 1�