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HomeMy WebLinkAbout0717ORDINANCE NO. 717 (1977 Series) AN ORDINANCE OF THE CITY OF SAN LUIS OBISPO AMENDING MUNICIPAL CODE ARTICLE IX, CHAPTER 2, SECTIONS 9200.17.1, USE PERMITS AND VARIANCES, AND 9200.17.2, BOARD OF ADJUSTMENTS. BE IT ORDAINED by the council of the City of San Luis Obispo as follows: SECTION 1. Municipal Code Article IX, Chapter 2, Section 9200.17.1, Use Permits and Variances, is hereby amended to read as follows: (See attached text marked Exhibit "A ".) SECTION 2. Municipal Code Article IX, Chapter 2, Section 9200.17.2, Board of Adjustments , is hereby amended to read as follows: (See attached text marked Exhibit "B ".) SECTION 3. This ordinance, together with the ayes and noes, shall be published once in full, at least three 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 30 days after its said final passage. INTRODUCED AND PASSED TO PRINT by the council of the City of San Luis Obispo at a meeting thereof held on the 6th day of September , 1977, on motion of Councilman Petterson and on the following roll call vote: , seconded by Mayor Schwartz , AYES: Councilmen Petterson, Jorgensen and Mayor Schwartz NOES: Councilman Dunin ABSENT: Councilman Gurnee ATTEST: C' ler J.H. Fitzpatrick 0 717 Ordinance No. 717 Approved as to form: WENDT, MITCHELL, SINSHEI ER, de la MOTTE & L I LLEY City Attorney By Allen Grimes (1977 Series) Approved as to content: 4=kb��QQ City MMInistrative icer Communit velopment Department by Asso 'ia e Planner ORDINANCE NU. 717 FINALLY PASSED this 20th day of September , 1977 , on motion of Councilman Gurnee seconded by Councilman Jorgensen on the following roll call vote: AYES: Councilmen Gurnee, Jorgensen, Petterson, Dunin and Mayor Schwartz NOES: None ABSENT: None ATTEST: . Fitzpatrick, CITY CLERK SECTION 9200.17.1. USE PERMITS AND VARIANCES. . A. APPLICATION: Application shall be made to the Community Development Department accompanied by the plans required by the application form and such fees as may be es- tablished from time to time by resolution of the council. B. PUBLIC HEARINGS: A Planning Commission public hearing shall be held after giving ten days notice of time and place in a newspaper of general circulation in the city and by posting the property involved. A Board of Adjustments public hearing shall be held after giving five days notice of time and place in a newspaper of general circulation in the city and by posting the property involved. C. VARIANCES: Lot dimensions, coverage, yards, building height, and parking requirements may be relaxed by the Board of Adjustments in accordance with application and public hearing procedure, subject to the following findings: 1. That there are exceptional 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 inconsistent with the limitations upon other properties in the vicinity with the same zoning. 3. That the granting of such application will not adversely affect the health, safety, or general welfare of persons residing or working in the vicinity. D. USE PERMITS: 1. Purpose and Intent It is intended that use permits allow flexibility in providing for, regulating,or preventing various uses, so that these uses will be compatible with existing or desired conditions in the neighborhood. Use permit approval is required for certain uses so that their detrimental effects can be mitigated and potential conflicts in land use can be avoided. This is necessary because of the wide variety of uses that are allowed within zone districts and which exist throughout the community. 2. Findings In order to grant a use permit, the Planning Commission or Board of Adjustments shall find that the proposed use will not be detrimental to the health, safety or welfare of persons working or living in the vicinity. EXHIBIT „A►, --e 3. Conditions of Approval Conditions imposed by the Planning Commission or Board of Adjust- ments may include: (1) modify or limit land use activities (2) special yards or open spaces (3) fences, walls, or landscape screens (4) provision of parking and arrangement of parking areas and traffic circulation (5) regulation of points of vehicular and pedestrian access (6) maintenance requirements and infrastructure improvements (7) regulation of noise and noise - related impacts (8) time period, duration, or hours of the day in which an activity may be conducted (9) dedication of streets, street improvements, or access rights (10) arrangement of activities and improvements on the site (11) special hazard reduction measures, such as slope planting (12) other conditions which the Planning Commission or Board of Adjustments find necessary to address unique site conditions. 4. Use Permits in the Special Considerations, "S ". Zone District Within the "S" zone the Planning Commission shall determine whether proposed activities and facilities can be established and maintained without (1) jeopardy to persons or property within or adjacent to the proposed use or (2) damage to the resources of the site and its surroundings, considering the characteristics of each particular proposal and site. 5. Criteria In deciding whether a proposed use is acceptable at a certain location, the Planning Commission and Board of Adjustments shall consider criteria including, but not limited to, those found in the following: (1) General plan elements, such as land use, noise, seismic safety, public safety and conservation. (2) Specific plans and studies. (3) Standards and recommendations of agencies that comment on environmental documents for the proposal. 6. Actions The Planning Commission or Board of Adjustments may deny the proposal or designate such conditions in connection with the use permit as it deems necessary to secure the purposes of this chapter. SECTION 9200.17.2. BOARD OF ADJUSTMENTS A. MEMBERSHIP: The Board of Adjustments shall consist of the director, city engineer, or their authorized representatives, and a member of the Planning Commission. R PnT.TPT? C The Board of Adjustments may grant (1) variances and (2)certain use permits as listed below and noted in the zoning charts: 1. Mineral extraction 2. Housing of the elderly 3. Non conforming uses (see Section 9200.16.B.2.) 4. Fence height exceptions 5. Subdivision of deep lots 6. Home occupations 7. Model home and sales office 8. Variable front yard setbacks 9. Equestrian facilities (A /C Zone) 10. Greenhouses, hydroponic culture, fish hatchery, fish farm, poultry, livestock (A /C Zone) 11. Incidental sales of items produced on the premises (A /C, M and M -R Zones) 12. Nursery school (R -1 and C -N zones) 13. Churches (R -1 and C -N Zones) 14. Educational conference facility (R -H Zone) 15. R -2 uses in the PO Zone 16. Convalescent hospitals and rest homes (PO Zone) 17. Funeral homes and mortuaries (PO Zone) 18. Banks (PO Zone) 19. Public and private tennis, handball, swimming facilities and the like not associated with a park or open space (PF Zone) 20. Cemeteries (PF Zone) 21. Service stations (C -T, C -H, M and M -R Zones) 22. Offices (C -T and C -N Zones) 23. Private lodges and clubs (C -T, C -N, C -R, M and M -R Zones) 24. Photographic studios, rental of sick room supplies and health machines, sale of sporting goods and photographic supplies, ambulance service, and refrigerated vending and ice machines not in conjunction with another use (C -T Zone) 25. Plant nurseries (C -T and C -N Zones) 26. Outdoor retail sales (C -N Zone) 27. Commercial recreation less than 5,000 square feet (C -N Zone) 28. Caretaker's residence (C -H Zone) 29. Commercial recreation (C -H Zone) 30. The "S" plus acreage (minimum lot size) designation combined with any zone EXHIBIT „B„ C. PROCEDURES: 1. A decision shall require a unanimous vote of the Board of Adjustments, otherwise the application shall be referred to the Planning Commission. 2. The board shall render its decision within ten days of the hearing. D. APPEAL: For appeals, refer to Section 9200.16.H.