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HomeMy WebLinkAbout0941ORDINANCE NO. 941 (1982 SERIES) AN ORDINANCE OF THE CITY OF SAN LUIS OBISPO AMENDING THE ZONING REGULATIONS. > s/ WHEREAS, the Planning Commission and City Council have held hearings to consider revisions to the Zoning Regulations in accordance with the Government Code; and WHEREAS, the City Council finds that the proposed revisions are consistent with the General Plan; and WHEREAS, the project 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 revisions will promote the public health, safety and general welfare; BE IT ORDAINED by the Council of the City of San Luis Obispo as follows: SECTION 1. Revised Zoning Regulations, fully contained in the attached Exhibit "A ", are adopted. 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 the revised regulations shall be published once at least three (3) days prior to final passage of this ordinance in the Telegram- Tribune, a newspaper published and circulated in this city, and the revised regulationsr :shall go into effect at the expiration of thirty (30) days after final passage. INTRODUCED by the Council of the City of San Luis Obispo at a meeting thereof held on the 16th day of November , 1982, on 0 941 41q-56-5,/ mum, 1217 Ordinance No. 941 (1982 Series) Zoning Regulations Page 2 motion. of : Councilman Griffin seconded by Councilman Dunin and on the following roll call vote: AYES: Councilmembers Griffin, Dunin, Dovey and. Mayor Billig NOES: .Councilman Settle ABSENT: None APPROVED: City Administrative Officer y 'City Attorney Community Development Director ORDINANCE NO. 941 (1982 Series) FINALLY PASSED this 7th day of December 1982, on motion of Councilwoman Dovey , seconded by Councilman Dunin and on the following roll call vote: AYES: Councilmembers Dovey, Dunin, Griffin and Mayor Billig NOES: Councilman Settle ABSENT: None % rh "T'A `' A A Mayor Ykelanie C. Billig ATTEST: Cit Clerk Pamela Vog 8 i'J"I UnI - CtivPi C I THIS ZONING ORDINANCE WAS ADOPTED BY CITY COUNCIL ORDINANCE NO. 941 (1982 Series) AND BECAME EFFECTIVE JANUARY 7, 1983 AMENDMENTS SECTION 9201 GENERAL PROVISIONS CONTENTS. SI CT ION TOP f(' PAGE SECTION 920.1 - -- (;K.NERAL PROVISIONS_ 9201.1 Title. 1 9201.2 Purpose. . . . . . . . . . . . . . . . l . 9201.3 E'stablishme'nt of Zones . . . . . . .. . . : 1 9201.4 Zone Map . . . . . . . . . . . . . . . . . 2 9201.5 General Requirement. . . . .. . . . . . 2. SECTION 9202 GENERAL REGULATIONS 9202.1 Uses Allowed In Several,Zones. 3 A. Temporary Uses . . . . 3. B. Mineral Extraction . . . . . . . . . . . . 5 C. Service Stations . .. . . . . . . . . 5 D. Home Occupations . . . . . . . . . . 6 I ?. Pub i.c (It iI ities . . . . . . 7 F. Signs. 8 (11 . Cemeter.ies - and Mausoleums. R II . Vond i ng M chi nos 8 ')202 .2 Non-(:mil nrm i n; ` Il ;� s;. 8 9202.3 Non- Conforming Lots . . . . . . . . . . . . . . . . 9 9202:4 Non - Conforming Structures. . . . .10 9202.5 Property Development Standards . . . . .11 A. Density. 11 B. Yards. . . . . . . . . . . . ..13 C. Coverage . . . . . 22 D. Height . . . . . . . .. . . . . .22 E. Fences, Walls and Hedges . . . . . .22 F. Parking Space Requirements . . . . . . . .23 G. Parking and Driveway Design & Exceptions .32 H. Fire Protection. . . . . . . . . . . . .32 I. Screening of Outdoor. Sales and Storage .33 1 . [It i 1 i ty Services .. .33 910'1_.h Performance Standards. 34 9202.7 Residential Occupancy Standards. . . . . . . .35 9202.8 Use Regulations. . ... . . . .36 SI ?Cl'LON 920:3 %ONE; DI..STR_T_CTS 9203.1. R -1. `LOW -Dens i,ty" Res i d e n t ial_) 7 one . . . . . .47 9203.2 R -2 (Medium - Density Residential) Zone . . . . . . .47 9203.3 R -3 (Medium- High - Density Residential) Zone . . . .48 9203.4 R -4 (High - Density Residential) Zone. . . . . . . .48 9203.5 C /OS (Conservation /Open Space) Zone. . . . . .49 9203.6 0 (Office) Zone. 49 9203.7 PF (Public Facility) Zone. . . . . . . . .50 9203.8 C -N (Neighborhood - Commercial) Zone . . . . .52 9203.9 C -R (Retail - Commercial) Zone.. . . . .53 9203.10 C -C (Central - Commercial) Zone... .53 9203.11 C -T (Tourist - Commercial) Zone. . . . . .54 9203.12 C -S (Service- Commercial) Zone. . . . . . . . . .54 9203.13 M (Manufacturing).Zone . . . . . . . . . . . ..55 9203.14 PD (Planned Development) Zone. .56 9203.1.5 SP (Specific Plan) Zone. . . . . . . . . . .56 9203.16 H (Historical & Architectural Preservation) Zone .57 .9203.17 S (Special Consideration) Zone . . .58 CONTENTS. SECTION TOPIC. PAGE. 8ECTION,9204 ADMINISTRATION AND ENFORCEMENT 9204:1 General Plan ConslsEency :61, 9204:2 Use Permits. :61 9204:3 Variances. .. . . .64 9204:4 Planned Development. . . . . . . .65. 9204.5 Interpretation :68 9204:6 Enforcement. . . . . . . . . . . . . .. .69 4204.7 Aineildment s .69 9204:8 Appeals: .71 9204:9 Repeat Appl icat ion's . : : 71 9204:10 Fees . . . . ". . :72 9202.11 DeFini.ti.on5... 73 LIST OFI.FIGURES Figure 1 - 30 -Inch Maximum Projections. .1.7 Figure 2 - F our -Foot Maxiinuin' P'r'o jections 18 Figure 3 - Street Yards On Corner 1j6ts Recotd'ed Retore April l ;. 1965 . . . . . . . :19 . Figure 4 - Street Yards On Corner Lots. With Longer Frontage Along The Cross Street :19 . Figure 5 - A'rea's Included In Coverage Calculations. .21 Figure 6 - Deck Coverage: . . . . . :21 Figure 7 - .Measuring Building• Height: .21. i.i;iire 8 - Il:irr wr Ilei.} ht A t Striiot CoPn" rs 21 Figiiri; 9 - Masi.iniiin Fence Iie ti. g1jt Within Str6Ot Yard. .21 LIST OF TABLES Table 1 = Maximum residential de;iisty for cross= slope. categories .. . : .12. Table 2 - Minimum street yards 14 Table :3.- Minimum other yards in A -1 and R 2 zones .15 .Table 4' = Miniri'iuii other yards id 9=3; k�4; 0; and C =N zones. :16 'Fable 5'= Minimum ' otther yards in C /O5; M C =C; C -A, C -T; C -`S & M zone's. . . . . . . lb Table 6 - Parking requirements by use. . . . ... . . . .24 Table 7 - Maxiinum noi's'e 1'evels 'all6wed on affected property: .34 Table 8 - Maximum pbpulat i'on delis ity for each zone 36 Table 9 - Uses allowed by zone . . .37 SECTLO.N 9201. GENERAL PROVISIONS SECT ION 9201.1 - - - -- :�----- --- - -- ------------------ ��- _- _____�_ TITLE This chapter of the Municipal.Code shall be=known and cited as the "Zoning Regulations of the City of San Luis Obispo." SECTION 9201.2 `- PURPOSE These regulations are intended to guide the development of the city in an orderly manner, based on the adopted general plan, to..proLecL and enhance tho di.ial.ity ol° the natural and built environment, and to. promote Lhe pub - lie health, srafely, and general welfare,by regulating the use of Land and bLi i l.d ings and the location and basic form of structures. SECTION 9201 .3 u— - - - -- - - - - - - -- ESTABLISHMENT OF ZONES For the purpose of these regulations, the following zones are created: RESIDENTIAL 70NES R -1 Low- Density Residential R -2 Medium- Density Residential R -3 Medium - High - Density Residential R -4 High-Density Residential (includes former R -H zone.), NON- RESIDENTIAL ZONES C /OS Conservation /Open Space (formerly A /C) n, Office (Eormerl'y PO) PF Public F ei I i Ly. C -N Neighborhood - Commercial C -C Central- Commercial C -R Retail - Commercial C -T 1. Tourist- Commercial C-S, Service- Commercial (Formerly C -H). M Industrial OVERLAY ZONES SP Specific Plan it Historical and Architectural. Preservation S Special.Consideration_s PD Planned.Development l T ION 9202 _ ___ULATIONS SECTION 9202. CKNERAL REGULATIONS SECTION 9202.1 — - _�.---------- -- - - -- -------- - - - - -- -------- - - - - -- USES ALLOWED IN SEVERAL ZONES A. TEMPORARY USES. 1. Purpose and intent: This section provides for certain- temporary uses in addition to those listed in the zone district regulations. It establishes standards and procedures to assure that such uses are compatible with their surroundings and the intent of these regulations. 2. Real- estate sales office in tract. A temporary real -esLaw scales ol:fiQ may he ctstahl ishpd in a rvsi- dcntial development. for Lhe initial sale of property in that development, upon approval of an administrative use permit. Such an oI f iry may be Io- craLed within A residence or a common, or temporary building. Lf a Lempo- rary building'is used; it shall be removed upon termination of the use. Sales offices shall not be used for more than one year, except thaL upon written approval of the Director, they may be continued up to one additional year. 3. Mobile home as construction office. Upon approval of an administrative use permit, a mobile home may be used as a temporary office at a construction site for not more than six months, except that upon written approval of the Director the use may be continued -for six -month periods, not "to exceed a total of 18 months. Also, with the Director's approval, the mobile home may be occupied by a resident guard or caretaker, provided it is properly connected to city utilities or other safe means of waste disposal is assured. 4. Christmas tree: sales. Upon approval of an administrative use permit, premisos within nun - residential zones may be used for Lhv temporary sale, of Christmas trees, provided: a. Sales shall not be conducted before Thanksgiving or after December 31; and b. Alt trees, signs, and temporary structures shall be kept behind a 10 -'foot setback from all street rights- of- way.,and they shall be removed within 10 days after the close of the sale. 3 5. Paradesi carnivals; fairs, fes'L.ivals: Upon approval of an' ad►ninistrative use permit; premises within non- residedtial zones may be used for parades, carnivals; fairs, be .festivals, provided: a. A permit for gathering in a public place as ;nay be required by Sections 4226 and 4260 of the Municipai'Code has been obtained; b. All activities are conducted in conformance with the Performance Standards, Section 9202.6; and C. Such uses shall hot Be conducted for` inure tlian seven consecutive day`s. 6. Mobile home as temporary residence St. bui- lding. site. Ujibi written approval} tVie Chief Building Official, a mobile home, traii.eC; or reLCeationa1. vehicle may be parked on a l'ot add. occiipieti by Llic lot owner while he /she is building a dwelling on the t6L .for his /iier own occupancy. Tlie iiiobiler k6mie or veiiicle shall be c6nnrcted to the city tiew0e system or shall be see[ cohta.ined, with disposal conLracted.for. Approval shall be for renewable 'six -month intervals; not to exceed a total of 18 months: 7. Construction activities Connstruction and demoliton, includirig fabricaEion of building components and iiLher activities nbeinally associated with property development and maintenance, may be conducted in any zone, provided they are plirsUed according td plans and procedi,res. approved by the Cliief Ilui lding Official. 8. Educational co.nfe.'rerices. Student housing coffiplexes normally occupied for part of the year iiiay be used during their vacant periods for educational con'fer'ences provided :an admiiiistraLive its(, perini.L is approved by the bleectpr. The occupancy shHi Fac' i I iLies (Ili 'riny educaL ibnail con ferl�ilcOs tillall niA oxcued Lh(! IIMXimlilt sLribl isiicd by tiny prior city approval. loo' r0isidi nticii 'ciccujiaiiiy: 9. Temporary park,i.ng, bLs. Park.irig.lots which will be used foe one- year or less may be developed iii cdnjiinction with a temporary use allowed. by Hiese regii at.ioris. Such temporary parking lets need not ,provide landscaping as would otlierwise be regLiieed, but they shall meet 'all other design standards.(parkirig space dimension's; aisle widths; and so on). Teiriporary lots shall have an al'l- weather; dust - free surface as required by the City Engineer. 4 10. Temporary sales. Upon approval of an administrative use permit, temporary sales may be estab Lished 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 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'C.ommission use permit. B. MINERAL EXTRACTION Minerals, hydrocarbons, and. soil. may be.rc: moved in any zone, provided a use permit is approved by the Planning Commission. In addition to the requirements which tht2 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. Betts or other sound signals shall be turned, off between 10 p.m.. rind 7 a.m. if the scction is adjacent to a residential zone. 4. Pump is Lands 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.) 5 D. HOME OCCUPATIONS. 1. Intent. These provisions are intended o allow the conduct of home enterprises d - 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 qu`'estion 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 objectipns 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. 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 he 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 add'res's 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 Tay tie used in connection with a home occupation. g. The home occupation shall not encroach o, any required parking., yard or open space area.: h. Parking for vehicles used in connection with the home occupation sh i I I be provided ill :idd i t ioli to parking regii i ri,d f or I.i.0 - res i dvnce 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 interferes with resident i.il welfare and diminish the convenionce intruded for commercial. -zones, and therefore shall not be permitted as homer occupations: a. Automotive repair (body,or mechanical), upholstery or painting. b. Barber or beauty shop. c. Carpentry or cabinetmaking. d. Welding or machining. e. Medical offices, clinics, laboratories. f. Child care of more than six preschool 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 F. _SIGNS... , Signs may ,be located i,n any zone. subject to the limitations of the Sign Regulations. G. CEMETERIES AND-MAUSOLEUMS. Upon approval of !,use permit by the Planning Commission, .cemeteries and mausoleums may be established.in any zone. - H. VENDING MACHINES. A vending mach.irie, is a device which d,is,pen,ses a product or. service, either.for sale or foe free, and which is activated entirely by the receiver of the product or service, including ice machines, cigarette machines; food vending machines, ,and newspaper racks and the 1'ike.- Vending machine does not include a motor fuel :pump. Indoor vending ,machines are accessory to allowed uses. Outdoor vending machines ai-,e allowed in all commercial .( ",0) zones,. Outdoor vending naclhines shall comply with the following: 1. Vending ma pipes, shall be l.oca,ted along -the face cif a buiWjpg or. .aging, a s;t;ruc tUre designed ;lo ac'commoda,te ;them. 2. They shall be visible frorm access 'drives 'or. public streets. , 3. They shall occupy not more than 10% of the length of the wall facing the 's,trie.L 'or access drive or 20 feet, whichever is le,s,s. 4. They shall .h,ot :obstruct private pedestrian walkways; a, minimum of 44 inches shall: Abe ;kept clear of obstructi'on's or more if pedelstrian,iraffi,c volume warrants. They. are not _a11owed .on public sidewalks. �Sh:C'fION 9202 :2 - - -- - -- - - - - -- -- - -.. -- - -- - - - -- NON -C,O F,,ORMING ;USE'S . A: INTENT. A nor- conforming use is one which wes - legally established on ;the effective date of app 'l�c4b;le sections of ;these - regulations ib.ut. which is not now an allowed or cond'it;ioriall aihowed, use in the :zon.e in ;which it is located. The i:nterrt of these regula'ti,otin's is -to .prev,ent the expansion of no.n- conforming ,use ..s, esta,b+lish the circumsaance.s under :which ,they may be conti.nue_d, and ;provide for their removal Or ch:ange to a conformi'ng use .as soon as practical. A. REGULATIONS. 1. I;hiIllgo of owns r Shti p, 0i.uancy, or 'managem( n,t of a non-conforming use s11r11.1 nut affect i'ts "legal, non- cmforming status. 2. A non - conforming use may be continued and a non - .conforming use may be changed to'ano;ther non- conforming use,Proyided: ,8 a. A non- conforming,us.e which ceases for a continuous period of six months shall lose its non- conforming status and the premises on which the non - conforming use was located shall.from then on be used for conforming uses; b. A non - conforming use may be replaced with another, provided that an administrative use permit is approved by the Director. The Director must find that the new.use has similar or less severe impacts on its surroundings in terms of noise, traffic, parking demand, hours of operation, and visual incompatibility. The applicant shall submit evidence of the date when the original non = conforming use was established. 3. A lot occupied by a non- conforming use may be further developed by the addition of conforming uses and structures, provided an administrative use permit is approved by the Director.. (See Section 9204.2.) SECTION 9202.3 "`__._._— �_.��____ _ __— _____. -•- -_-•-_---.-_--_ -- NON- CONFORMING LOTS A. INTENT. A lot having less area, width, depth, or frontage than required by the Subdivision Regulations for the zone in -which it is located, but which was lawfully created prior to the effective date of regulations requiring such, greater area or dimension, shall be considered a non- conforming.lot. These regulations are intended to provide for the reasonable.use.of such non - conforming lots, consistent with other'standards adopted to protect the public health, safety, and general welfare. B. REGULATIONS. 1. If a non - conforming lot has been held in common ownership with any continuous 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. The above merger or resubdivision requirement shall not apply to a non - conforming lot and contiguous commonly -owned property where each of the parcels has the minimum area required by the Subdivision Regulations for the zone in which.it is located, and has a width, depth and frontage equal to at least 80 percent of the minimum required where the parcels are located in an R -1 or R-2-zone. 2. If a non- conforming lot has not been held in common ownership with any contiguous property since'November; 18, 1977, . it may be individually. developed. 3. Development of a non - conforming lot shall require approval of an administrative'use permit. 9 4. Property development standards shall apply to non - conforming lots, except that in the R -1 and C /OS zones, the density.standards shall not prevent construction of a single dwelling. t. 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 o.ther•non- structural improvements and repairs may be made . to a non- conforming.building to the ext.onL of not more then one -half iAs 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 Lhe pnhlis or occupants of Lhc non- confo.rmitig strucLorc or adiacenl pr.op(!rL ies. 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,)irector for- historic structures designated as such in any list or plan element adopted by the city. 10 SECTION 9202.5 PROPERTY.DEVELOPMENT STANDARDS A. 1) ENS1.TY 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, expres.sed 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. ■ Cross -slope determinations shall be based on the natural topography of the.site, before grading. ■Slopes calculated to the nearest O.57, shall be rounded up. ■No slope-.rel.Acd density reduction is required M the C /OS, C -R, C -C, or PF zones.. ■ The maximum development' allowed for each average cross slope category is as follows: 11 TABLE 1 MAXIMUM. RESIDENTIAL DENSITY FOR CROSS -SLOPE CATEGORIES average Maximum Density cross- slope (units per net acre) 1t -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 -30. 1 2 3 4 3t+ One dwelling per lot leg�,!Lly created prior to the effec -_ Live date of these regula Lions. 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. b. Determine the net area of the site. Net area includes all the . area within the property lines of the development site minus street rip,hL -of. -way dedicated to the city. Net ar(!a incliij6s die area occupied by aILowcxl noh-i-es i denL in 1. 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. Z1. Development potential may be traiisferred within the area covered by a planned development (PD) zone, in conformance with the requirements of Section 9203.14. h. Where a portion of a lot is within a zone or zones that allow residential. use and the rest of the lot is in a C /OS zone, and the port ion within Ljj( (; /Oti lone is not larl;e eiwugh to allow one dwelling, the fractional dwelling unit potential from the C /OS zone may be transferred.to the other portion of the' lot, without planned development rezoning. 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. V 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: B. YARDS. 1. Definitions and purpose. A yard is an area along a property line within which no structures 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 W ended_to help provide air circulation, views, and exposure to sunlight for birth natural. illumination and use of solar energy. These regulations provide for twq types of yards: a. "Street yard" means a yard adjacent to a street, or adopted setback line, to which the property has access. Except as provided below, no parking space shall be within a street yard. 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 wal.l' of any building. b. Other yards shall be measured from. the property Line to the nearest point of the will of any building. C. The height of a building in relation to yard standards is the vertical distance from the ground to the Lop of the roof, measured at a point which is a specific distance from the property line. 13 3.. Yard standards. a: Street yards shalt comply ioi"th the following:. TABLE 2 MINIMUM STREET YARDS "Lone Minimum sGr:eeL yarn R -1 2d feet R -2 20 feet R =3 15 feet R -4 15 feet L /i)S 26 feet 0 15 feet PF As p'rovid'ed in zone of adjacent l'o't* C -N 10 feet C -C As provid'ed in zone of adjacent lot* C -R As �irovided in zoiie of adjacent iOIL 10 Pee C -s See Section 9203.12 „ M See Sectoh 9203:'13 1E the zone of adjacent lot d'oe9 not have its 0 standard, iio street. yard is re'wire'd: Lots separated by street's or bit H`er riglit5- of -w`ay are not corisidr_red adjacent. If mare tlian c�iie zoiit is _jacetil ; tFae L:ir} o" yard sliaj 1 bra 're "qiii red. } 14 b. Other yards shall comply with the following: TABLE 3 MINIMUM OTHER YARDS IN R -1 and R -2 ZONES Maximum Building Height* Minimum Required Yard ** A point this hi gh on Must be at tesat this far the roof of a building: from .the property line: (feet) (feet) 1 -12 . . . . . 5.0 (min. in R -1 & R -2) 13 5.5 14 -15 . . . . . . . . 6.0 16 -17 . . . . . . . 7.0 18 -19 . . . . . . . 8.0 20 . . . . . . . . . 8.5 21 -22 . . . . . . . . 9.0 23 -24 10.0 25 (max. in R -1) 10.5 26 .. . 11.0 2,7 . . . . . . . . . . 11.5 28 . . . . . . 12.0 29 . 12.5 30 -31 . . . . . . . 13.0 32 . . .. . . . . 13.5 33 . . . . . . . . . . . . . 14.0 34 . . . . . . . . . . 14.5 35 (max. in k-2) . . 15.0 *Building heights shall * *Yards shall be rounded be rounded to the near- to. the nearest 0.5 foot. est whole foot. r 15 TABLE 4 MINIMUM OTHER YARDS IN R -3, R -4, 0, AND C -N ZONES Maximum Building Height* Minimum Required Yard ** A point this high on the Must be at least this roof of a building: far from the property line: (feet) (feet) 1 -13 5 (min. yard) 14 -15 5.5 15 -17 6 18 -20 6.5 21 -22 7 23 -24 7.5 25 -26 8 27 -29 8.5 30 -31 9 32 -33 9.5 34 -35 (Max. Fright) 10 *Building heights shall * *Yards shall be rounded be rounded to the near- to the nearest 0.5 est whole foot. foot. TABLE 5 MINIMUM OTHER YARDS IN C /OS, PF, C -C; C -R, C -T, C -S AND M ZONES Zone Minimum.other yard C/OS 20 feet P As in zone of adjacent lot* C -C As in zone of adjacent lot* C -R As in zone of adjacent lot* C -T As in zone of adjacent lot* " C -S See Section 9203.12 M See Section 9203.13 *If the zone of adjacent lot does not have its own standard, no yard is required. Lots separated by streets or other "rights -of -way are not considered adjacent. If more than one zone is adjacent, the largest yard shall be required. 16 C . All yards shal.L`be Landscaped or maintained in an orderly manner.. 4. What may occupy yards. a. Utility structures. Components of public utility systems may be located within street yards when approved by the Architectural Review Commission. b. Fences, walls, and hedges. Fences, walls, and hedges may occupy yards to the extent provided in Section 9202.5.E.. (Vegetation may be controlled by the California Solar Shade Control Act.) C. Signs. Signs in conformance with the Sign Regulations may occupy yards to the extent provided in Chose regulations. d. Ar.chiLectural features. The following and similar architectural features may extend into ra required yard no more than 30 inches: Cornices, canopies, eaves, buttresses, bay windows, chimneys, solar collectors, shading louvers, reflectors and water heater enclosures. (Figure 1) 17 Figure 1 30" Maximum Projections 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) �`L��� ''-MAXIMUM ALLOWED PROJECTION', FOUR FEET OR ONE-HALF OF THE MINIMUM REQUIRED YARD (WHICHEVER IS LESS). Decks, planters and similar features less than 30 i.nches'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. 18 f. Unenclosed, tandem'parking spaces. For single, dwellings where ,tandem parking is provided pursuant to the parking standards; one unenchosed space maybe located within the .street yard. (NOTE: In no case may an enclosed parking space from which vehicles exiL.dir.ectly onto the street be located less than 20 feel from the street right -of -way or setback line.) 5. Exceptions to yard requirements. These r.egutations provide Lwo 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. ( I ) SLroeL yards on ci�riier. lots recorded befi)rc 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. 20-2 0� 20 xl Figure 3 (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 fronLage.along the cross street, as in Figure 4, the street yard along the longest frontage shall be not less than l0 feet. Parking spaces shall be set back at least 20 feet. PL I I 0 PL Figure 4 19 (3) Street yard averaging (developed,areas). Where these regulations require :street' yards and where buildings have been erected on at least one -half of the lots in a block as of this effective date of these regulations, the minimum required street yard shall be the average of-Lhe street yards of the developed lots, but in no case less than 10 feet nor more than would otherwise be required. b. Discretionary exceptions. (1) Reduced street yards. Upon approval of a use permit, the Director may allow street yards of not less than 10 feet. (2) Variable street yards in subdivisions. In nr,w residential subdivisions, the entity approving the subdi- vision map may approve variable street yards, to be noted on the ap- proved map, provided the average of the yards on a block is at least 15 feet and no yard is less than 10 feet. (3) Variable other yards in subdivisions. In new residenLial subdivisions, the entity approving the subdi- vision map may approve 'exceptions to the other yard standards, with the exceptions to be noted on the map, provided a separation of at Least LO feet between buildings on adjacent lots will be maintained and an acceptable level of solar exposure will be guaranteed by alter - naLive yard requirements or private easements. (4) Other _yard variations in previously subdivided areas. Upon approval of a use permit, the Director may allow other yards to be reduced to zero, provided there exists adequate recorded agree= ment running with the land to maintain at least 10 feet of separation between buildings on adjacent parcels. (5) Other -yard building- height exceptions. Upon approval of a use permit, the Director may allow exceptions to the standards provided in Tables 3, 4 and 5 of Subsection 3.b. above. Such exceptions may be granted in any of the following and similar circumsLances: (a) When the property that will be shaded by the excepted development will not be developed or will not be deprived of reason- able solar exposure, considering its topography and zoning. (b) When the exception is of a minor nature, involving an in- significant portion of total available solar exposure. (c) When the properties at issue are within an area where use. 017 solar energy is generalLy infeasible because of landform shading. (d) When adequate recorded agreement running with the Land exists to proLecL estabLished solar collectors and probable collecLor locations. ((!) When the property to be shaded is a street. 20 Figure 5 .Areas Included in ACCESSORY BLDG. Coverage ge Calculations. AREA UNDER PATIO ROOF AND OVER 30" FROM WALL-) DECK OVER 30" HIGH DECK LE55THAN 777T 301, H16H EXCLUSION H-EDGE OF ROOF . . . . ........ ".0 o 30 . . . . . . . ...... ­AREA UNDER ROOF AND OVER 30" FROM WALL Figure 6 Deck Covei NOT INCLUDED IN COVERAGE `(LESS THAN 30' -age AREA INCLUDED IN COVERAGE (MORE THAN 30" ABOVE GROUND) -0,111VINLY5, SOLAR 5Y5fEM,,, ETC CANNOT DE MORE THAN 10' ABOVE MAXIMUM bUILDIN& HE16HT MAXIMUM HEIGHT ALLOWED HIGHEST POINT) UNDER T NDER THE BUILDING AVERAGE ELEVATION VERA&E ELEVATION UNDER BLDG. EST ?0 NT UNDER R111 LOWEST ?DINT UNDER DUILDIN& Figure 7 Measuring Building Height I Figure 8 ABOVE 6ROUND) Barrier Height at Street Corners vw-,. POINT WHERE THI EXCEEDS 30" AE GROUND LEVEL FIGURE 9 O FENCE, WALL OR MAXIMUM FENCE HEIGHT N ro Bi-, rAI,LE.R .61 WITHIN STREET YARD 'THAN THIS IJNI,"// / (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.) C. _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 area more than 30 inches from the ground shall he 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) D. _HEIGHT. The height of a building is the vertical distance from the average level ol 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 'tot 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.) Soo 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 Limit:; Eor 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.) E. FENCES, WALLS AND HEDGES. Fencers, watts, or hedges may be placed within required yards, provided: 1. The maximum height in any street yard shalt be as shown in Figure 9. 2. The maximum height in any other yard shall be 6 feet; 3. Where fences or watts are located on retaining walls, the height of the rolaining wall shall he runsiderid as part of the overall height of t by fence or ma I l . 22 4. The Director may grant exceptions to these standards by approving an administraLive use permit subject to a finding that no public purpose would be served by sLr.icL compliance with these standards. F. PARKING SPACE REQUIREMENTS. 1 Tnt not This section is intended to ensure provision of adequate off- street parking, considering the demands likely to result from various uses, combinations of uses, and settings. It is the city's intent, where possible, to consolidate parking and to minimize the area devoted exclusively to parking and drives when typical demands may be satisfied more efficiently by shared facilities. 2. Mixed uses. Where more than one type of use is located on a lot or within a project with common parking areas, the parking requirement shall be determined by adding the requirements for individual uses as provided in Subsection 4 below, except that by approval of an administrative use por.miL Lhe director may reduce the toLal. parking :space regniroment by up to 20% when the times of iwiximmn parking: demand from various uses will not coincide. 3. Joint use. For separate parcels or independently planned projects, the Director may, by approving an administrative use permit, authorize joint use of parking spaces when he determines there is limited conflict in the operating times of the concerned uses and where the concerned parties have adequate recorded agreement governing the joint parking. 47 Requirements by type of use. Except as otherwise provided in these regulations, for every structure erected or enlarged and for any land or structure devoted to a new use requiring more spaces according to the schedule below, there shall be provided the indicated minimum number of off - street parking spaces Located on the site of the use. The right to occupy and use any premises shall he contingent on maintaining the required parking. When the caLculaLion of required parking results in a fractional number, it shall be rounded to the next highest whole number if the- fraction is one -half or more; otherwise it shall be rounded down to the next lowest whole number. Parking in addition to these requirements may be required as a condition of use permit approval. For residential uses, when parking spaces are identified for the exclusive use of occupants of a designated dwelling, required spaces may be arranged in tandem (that is, one space behind the other) subject to approval of the Community Development Director. Housing occupied exclusively by persons aged 62 or'older may provide 1/2 space per unit'or one space per four occupants of a group quarters. 23 SECTION 9202.5.F.4 —` PARKING REQUIRSTMS TABLE 6 PARKING REQUIRIIOMS BY USE TYPE OF USE Advertising & related services (graphic design, writing, mailing, addressing, etc.) Agriculture — grazing & outdoor crops NUMBER OF OFF— STREET PARKINS SPACES REQUIRED One space per 300 square feet gross floor area. No requirement. Agriculture — greenhouse culture, No requirement. livestock feeding Airports & related facilities To be determined when use permit is approved. Ambulance services Three spaces per emergency vehicle. Amusements arcades (video games) One space per 300 square feet gross floor area. An.lselu nt parks, fairgrounds One space per 500 square feet outdoor use area. Animal hospitals & boarding One space per 200 square feet of office floor area. Animal groaning One space per 200 square feet gross floor area. Antennas (commercial broadcasting) No requirement. Athletic & health clubs, gymnasiums, One space per 300 square feet gross floor area. fitness centers, tanning centers Athletic fields, game courts One space per 500 square feet. Auditoriums, covention /eAiibi.t.ion One space per 100 square feet assembly floor ha 1. is area. Auto dismantling, scrap dealers, One space per 300 square feet office area plus recycling centers one space per 2,000 square feet outdoor storage area. Auto repair & related services One space per 500 square feet gross floor area. (body, brake, transmissions, im.iffler shops; painting, etc.) Banks .ind Saving's & lens One space per 300 square feet gross floor area. Bars, taverns, etc. One space per 60 square feet of customer use area plus one space per 100 square feet of food preparation area. Barbers, hairstylists, manicurists One space per 200 squre feet gross floor area.. 24 "IYPE OF US►; MIMBER OF OFF-.S.MF r PARK, SPACI ?5 REQUlR►:D Boarding/roaming houses,• dotmitorie's One space per 1.5 occupants or 1.5 space per bedroom, whichever is greater. Bowling alleys Two spaces per lane plus one space per four seats spectator /eating area. Broadcast studios One space per 300 square feet gross floor area. i Building and landscape maintenance One space per 300 square feet gross floor area. services Bus stations One space per 300 square feet office /waiting roan area plus one space per 1000 square feet warehouse /garage area. Giretaker's quarters TWo spaces [x--!r dwelling. Circus, carnival, fair, festival One space per 500 sq. ft. or as provided in approved use permit. Car wash - mechanical Ttao spaces plus sufficient waiting tine(s) Car wash - self - service TWo spaces plus washing area(s). Catering services One space per 100 sq. ft. food preparation area. Cemeteries, mausoleums, columbariums One space per 500 sq. ft. of building area. Churches, synagogues, temples, etc. One space per four fixed seats (one space per 40 sq., ft. seating area without fixed seats) in largest assembly room. Computer services ()ne space per 300 sq. ft. gross Hoar area. Contractors - all types of general aryl special building contractor's of f: ices. One space per 300 sq. ft. gross floor area. Contractor's yards One space per'2000 sq. ft. Convalescent hospitals One space per four beds (adult); one space per five juvenile occupants. Convents and monasteries One space per five occupants. Credit reporting and collection One space per 300 sq. ft. gross floor area. Credit unions and finance companies One space per 300 sq. ft. gross floor area Delivery & private postal services One space per 300 sq. ft. gross floor area. Detective & security service's One space per 300 sq. ft. gross floor area. 25 TYPE OF USE NUMBER OF OFF- STREET PARKING SPACES REQIJIltID Drive -in theaters No requirement. Dwellings R -1 and C /OS: 2 spaces per dwelling. All other zones: 1 per studio apartment; 1 -1/2 for first bedroom plus 1/2 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 y hone, eLc.) one space per 2,000 sq. ft. outdoor storage area 'Gove nim nL 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. Gov nrom >..nL agency offices and Offices: one per 300 sq. ft. gross floor area; im:eting rooms Meeting roans: one per four fixed seats or one per 40 sq. ft. of seating area without fixed seats. Hare business - see section 9202.1.D Hospitals One space per bed. Hot tubs - commercial 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. I;ibor:1Lt +rios (nx•di(-:jl, :n;OyLical) Use slake per 3(X) sq. ft. gross fhx>r area. 2 TYPE OF USE NUMBER OF OFF — STREET PARKING SPACES REQUIRED Pool halls, billiard parlors, etc. 06e space per 300 sq. ft. gross floor area. Post offices One space per 300 sq. ft. office, sorting, customer service area plus one space per 500 sq. ft. bulk handing. Printing & publishing One space per 300 sq. ft. gross floor area. Produce stand (incidental sales of As provided in approved use permit. items produced on the premises) Professional offices Medical, dental, and other health services: one per 200 sq. ft. gross floor area. All others: one per 300 sq. ft. gross floor area. Public assembly facilities (community One space per four fixed seats or one space meeting rooms) per 40 sq. ft: of assembly area without fixed seats. Railroad yards, stations, crew facilties Refuse hauling, septic tank, and portable toilet services Repair. services — household appliances, locksmiths, saw sharpening, shoe repair Rt Is idenL i sl 1. care fac i l i L i es Restaurants, sandwich shops, takeout food, etc. One space per 300 sq. ft. office or waiting roan. One space per 300 sq. ft. office area. One space per 300 sq. ft. gross floor area. Same its convalescent hospitals. One space per 60 sq. ft. customer use area, including seating and dancing areas, plus one space per 100 sq., ft. food preparation. Retail sales — building & landscape One space per 300 sq. ft. office area plus one materials (lumber yards, nurseries, space per 500 sq. ft. indoor sales area plus one floor and wall coverings, paint, space per 2000 sq. ft. warehouse or outdoor glass stores, etc.) sales area. Retail sales — appliances, furniture One space per 500 sq. ft. gross floor area. and furnishings, business, office, and medical equipment stores; catalog stores; sporting goods, bicycles, outdoor supply 28 TYPE OF-USE .1 N WER OF OFF- S1Rl;F, r PARKIfC SPACFS REQUIRED Laundry /dry cleaner - cleaning plant One space per 500 sq. ft. - pick -up point /office One space per 300 sq. ft. -self- service One space per each four washers or dryers. Libraries One space per 500 sq. ft. storage /display area plus government office & meeting roan requirements. Manufacuring One space per 300 sq. ft. accessory office area plus one space per 300 sq. ft. to 500 sq. ft. manufacturing floor area, to be determined by Director according to employment characteristics of of each use, plus one per 1,500 sq. ft. outdoor manu- facturing areas. Mobile home parks 1.5 spaces per unit; 1 space to be with unit. Mor.tuarWs I. per four fixed seals or I Ix!r 40 sq. ft ,assolWy area, whichever is greater. Motels, hotels, bed & breakfast inns One per room or group of roans to be occupied as a suite, plus one for resident manager's quarters, plus eating /assembly area requirements. Museums One space per 500 sq. ft. storage /display area plus government office & meeting room requirements. Nightclubs, discotheques, etc. One space per 60 sq. ft. floor or outdoor ground area for customer use, including seating and dancing areas, plus one space per 100 sq. ft. food preparation area. Organizations (professional, religious, One space per 300 sq. ft. office area plus one political, labor, fraternal, trade, space per four fixed seats or one space per 40 youth, etc.) offices and meeting sq. ft. seating area without fixed seats, in the roans. largest assembly roan. Parking (as a principal use) No requirement. Parks See game court /athletic field requirements. Pharmacies (prescription drugs only) One space per 200 sq. ft. floor area. Photocopy services One space per 300 sq. ft. gross floor area. Photofinishing - retail One space per 200 sq. ft. gross floor area. Photofinishing - wholesale; and blue - One space per 300 sq. ft. gross floor area. printing and microfilming service Police and fire stations and training One space per 500 sq. ft. gross floor area. facilities 27 TYPE OF USE NOMBER OF OFF - STREET PARKING SPACES REQUIRED Retail sales and rental - autos, trucks One space per 300 sq. ft. office area plrts one m korcycles, RV's, boats, aircraft, space per 500 sq. ft. parts sales /service nrea, and motoriuxTt s plus one spree per 20M sq. fL . ouL(Ioor sales area. Retail sales - auto parts and accessories One .space per 500 sq. ft. gross floor area. Retail sales - groceries, liquor; & specialized foods (bakery, meats, dairy items, etc.) One space per 200 sq. ft. gross floor area. Retail sales - general merchandise One space per 300 sq. ft. gross floor area. (drug, hardware, discount,.de- partment & variety stores) Retail sales - specialties (shoe stores, One space per 200 sq. ft. gross floor area. clothing stores, book /record /videotape stores, Loy stores, stationery stores, gift shops) and rental Schools - Nursery schools, child daycare One space per 300 sq. ft. gross floor area. - i;lementary, junior.high schools Two spaces per classroom plus one space per 300 schools for handicapped sq. ft. office, assembly, or common on area. -High schools Four per classroom plus 1 per 200 sq. ft. office /assembly area. - Colleges /universities, business, One space per 50 sq. ft. classroom floor area. trade or other specialized schools - Boarding schools & academies As provided in approved use permit. Secretarial & related services (court One space per 300 sq. ft. gross floor area. reporting, stenography, typing, telephone answering, etc.) Service stations One space for attendant booth plus two per service bay plus one space per four fuel pumps. 29 TYPE OF USE NUMBER OF OFF- STREET PARKING SPACES REQUIRED Skating rinks One space per 200 sq. ft. active recreation area plus one per four seats in spectator /eating area. Social service & charitable agencies One space per 300 sq. ft. gross floor area. Stadiums As provided in approved use permit. Swap meets As provided in approved use permit. Swimming pools (public) One space per 100 sq. ft. of pool surface. Tallow works One space per 500 sq. ft. gross floor area. Tolcgran of- ice One space per 3(X) sq. ft. gross floor area. ,nicaters One space per four seats. TIckeL /t rave l agencies One space per 300 sq. ft. gross floor area. Tire recapping One space per 500 sq. ft. gross floor area. Title companies One space per 300 sq. ft. gross floor area. Trailer rental Same as retail sales - autos and trucks. Trucking /taxi service One space per 300 sq. space per 1000 sq. ft. ft. office area plus one garage /warehouse area. ULILiLy companies -0orporaLion yards One space per 300 sq. ft. office area plus one space per 1,500 sq. ft. warehouse /service area plus space for fleet vehicles. - (;usLoir_r account services (bill One space per 300 sq. ft. gross floor area. paying and inquiries) - Engineering & administration offices One space per 300 sq. ft. gross floor area. - Payment drop points No requirement. Veterinarians One space per 300 sq. ft. gross floor area. Warehousing, ministorage, moving co. One space per 300 sq. ft. office area plus one space per 1,500 sq. ft. indoor storage area. Water & wastewater Lreatment plants As provided in approved use permit. 30 N MER OF OFF-M= PARKING SPACES REQUIRED Water treatment services One space per 300 sq.-ft. office plus one space per 1000 sq. ft. warehouse /service area. Wholesales and mail order houses One space per 300 sq. ft. office area plus one space per 1000 sq. ft. indoor sales /storage area, plus one space per 2000 sq. ft. .outdoor sales area. Zoos As provided in approved use permit. 31 5. Uses not listed. The Director shall determine the parking requirement for uses which are not listed. His determination shall be based on similarity to listed uses, and may be appealed to the Planning Commission. 6. Bicycle and motorcycle spaces. Each use or development which requires 10 or more spaces according to Subsection 4 above, shall provide facilities for parking bicycles and motorcycles at the rate of one bicycle space and one motorcycle space for each twenty car spaces. Projects which provide more bicycle and /or motorcycle spaces than required may reduce the required car spaces at the rate of one car space for each five motorcycle or bicycle spaces, up to a ten percent reduction. 7. Off -site parking. The Director may, by approving an administrative use permit, allow some or all of the required parking to be located on a site different from the use. Such off -site parking shall be within a zone where the use is allowed or conditionally allowed, or within an office, commercial, or manufacturing zone. It shall be within 300 feet of the use and shall not be separated from the use by any feature which would make pedestrian access inconvenient or hazardous. The site on which the parking is located shall be owned, leased, or otherwise controlled by the party controlling the use. G. PARKING AND DRIVEWAY DESIGN AND EXCEPTIONS. Parking and driveway design and requirements for permits shall be as provided in the Parking Standards adopted by City Council resolution. The Director may grant exceptions to the standards subject to appropriate conditions and upon finding that: a. The exception will not consLitute a grant of special privilege inconsistent with the driveway or parking limitations upon other properties in the vicinity. b. 'me exception will not adversely affect the health, safety, or general welfare of persons working or residing in the vicinity; and C. The exception is reasonably necessary for the applicant's full enjoyment of uses permitted upon his /her property. H. FIRE PROTECTION. To ensure that all buildings will be accessible to fire - fighting equipment; any' building constructed after the effective date of these regulations shall comply with the following: 1. Every building shall be accessible to Fire Department apparatus by way of access roadways capable of supporting fire - fighting apparatus, with an al.l- weather driving surface, unobstructed paved width of not less than 16 feet, vertical clearance of not less than 13 _feet 6 inches, and all corners and curves having an inside radius of 28 feeL and an outside radius of 46 feet; 32 2. The access roadway shall be provided within 150 feet of all exterior walls of single -story buildings and single- family and two- family dwellings not exceeding two stories in height, and within 40 feel of all exterior watts of other multi. -story buildings. I. SCREENING OF OUTDOOR SALES AND STORAGE 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. UTIuTY SERVICES V. 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 located in residential and conservation /open space zones. b. Buildings or structures being remodeled, altered or enlarged, where the.value of the remodel, alteration or addition is $50,000.00 or less. 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 SECTION 9202.6 PERFORMANCE STANDARDS A. NOISE. 1. No use shall be established nor any activity conducted which exceeds these standards for noise generation: TABLE 7 MAXIMUM NOISE LEVELS ALLOWED ON THE AFFECTED PROPERTY Zone of property receiving the noise Ldn Lmax C /OS R -1 R -2 R -3 60 65 (55) R -4 0 PF C -T C -C 70 75 (65) C -R M 80 85 (Ldn is Lite weighted day /night average sound level. Lmax is the maximum instantaneous noise level. All measurements are in Decibels on the A- weighted response scale. Numbers in parentheses are for the period 10 p.m. to 7 a. m. 2. Sound pressure level shall be measured with a sound Level meter, set to the A- weighted response scale, and meeting the standards of the American National Standards Institute. 3. Noise from transportation sources, emergency vehicles, temporary construction activities conducted between 7 a.m. and 7 p.m., and safety signals and warning devices shall be excluded from these requirements. B. VIBRATION. Subject to the exceptions in Subsection A.3 above, no activity shall be conducted which causes ground vibrations perceptible at the property line. C. 1 L1,11M LNAT ION. No lighting or illuminated device shall be operated so as to create glare which creates a hrizard or nuisance on other property. 34 D. AIR CONTAMINANTS. 1. No use or activity shall be conducted without first obtaining any required permit from the San Luis Obispo County Air Pollution Control District. 2. Uses shall be conducted to prevent dust or other airborne material from crossing property lines. E. DISCHARGES TO WATER OR PUBLIC SEWER SYSTEM 1. Discharges to ground water or waterways, whether direct or indirect, shall conform with the. requirements of the Regional Water Quality Control Board and the California Department-of Fish and Game. 2. Discharges to the city sewer system shall confotm to Municipal Code Section 7501. F. HEAT. No activity shall be conducted which causes radiant heat or a stream of heated air resulting in a temperature increase of more than 20 F. degrees at any property line or any public right —of —way. G. SOLID WASTE. Solid wastes shall be handled and stored so as to prevent nuisances and fire hazards. Suitable containers shall be provided to prevent blowing or scattering of trash by animals. (See also Municipal Code Section 5200.) H. GENERAL AND SPECIAL CONDITIONS. These performance standards are general requirements and shall not be construed to prevent the Director, City Council, Planning Commission, or Architectural Review Commission from imposing, as part of project approval, specific conditions which may be more restrictive, in order to meet the intent of these.regulations. SECTION 9202.7 RESIDENTIAL OCCUPANCY STANDARDS A. Group housing (such as a dormitory, rest home, boarding house or fraternity)-which is occupied by six or more individuals may be permitted upon approval of whatever type of use permit is required by the zone district provisions. B. Use permits for group housing shall stipulate a maximum occupancy. The occupancy limits shall reflect habitable space within buildings and available parking and shall not exceed the following standards based on the general plan: 35 TABLE 8 MAXIMUM POPULATION DENSITY FOR EACH ZONE ZONE MAXIMUM POPULATION DENSITY (PERSONS PER NET ACRE) R -1 21 R -2, 0, C -N, C -T 25 R -3 40 R -4, C -R, C -C 55 SECTION 9202.8 USE REGULATIONS Uses within zones shall be as provided in the following chart. Symbols shall have these meanings: A - The use is allowed; D - If the director approves an administrative use permit as provided in Section 9204.2, the use may be established; PC - If the Planning Commission approves a use permit as provided in Section 9204.2, the use may be established; A/D - The use is allowed above the ground floor; if the director approves an administrative use permit, it may be established on the ground floor. See also section 9203.7.0 concerning uses which may be established within public schools. I.istCd uses are principal uses. Accessory uses are allowed with principal. uses. Drive- through facilities are not allowed in any zone. Where manufacturing is allowed, incidental sale of items made on the premises is allowed. When sale of a particular type of item is allowed, craftsman -type production of such an item for sale on the premises is allowed. These regulations are intended to permit similar types of uses within each zone. The director, subject to the appeal procedures of Section 9204.8, shall determine whether uses which are not listed shall be deemed allowed or allowed subject to use permit approval in a certain zone. This 1 1 1 t 01- 1) 1-01 at i on procedure shall not be used as a subs[ i t ute For the :nnondment procedure as a means of adcling 1jew types of uses to a zone. Sporial notes-- indicratc.d by number in the following chart- -may be found at the end of the chart. 36 TABLE 9 K l R -2 R-3 R-4 C /OS 0 PF C -N C-C C -R C -T C -S M USES ALLOWED BY ZONE Advertising & related services A A/D A A D (graphic design, writing, mailing, addressing, etc.) Agricij iire - grazing & otitdixir crops A A A Agriculture - greenhouse culture, PC livestock feeding Airports & related facilities PC PC PC: PC PC PC Airbil. nce services PC A 1) Amusements arcades (video games) D Amusement parks, fairgrounds PC PC Animal hospitals & boarding D Animal groaning A A D Antennas (commercial broadcasting) PC PC D D Athletic & health clubs, gymaas i.,.uns PC PC PC D PC PC fitness centers, tanning centers Athletic fields, game courts PC I PC PC D PC PC Auditoriums, covention /exhibition PC D D D halls Auto dismantling, scrap dealers, A recycling centers �— Auto repair & related services D A A (body, brake, transmissions, muffler shops; painting, etc.) Banks and Savings & Loans A AI A A Bars, taverns, etc. A2 A3 A3 A2 D D Barbers, hairstylists, manicurists A A A PC D Boarding /rooming houses, dormitories PC D D D Bowling alleys PC PC D PC PC Broadcast studios A A/D A A A A - Allowitil Ihr director shall. &Lornino iF a prolx)sel, Anil isterl D - Director's approval required use is similar to a listed us(-. Nwm!)ered notes are PC- Planning Commission approval required at end of chart. A/D- Director's approval on ground floor; allowed above W/ TABLE 9 (Continued) R-1 R-2 R-3 R-4 C/OS 0 PF A C-C C-R C-T C-S M IJSFS ALLOWD BY ZONE Building and landscape maintenance A/D A A A services I Bus stations PC D A Caretaker's quarters A A A A A A D D D D A D D Car wash mechanical D i D Car wash self-service I D D A A Catering services A A A Cemeteries, mausoleums, columbariums PC PC PC PC PC PC PC D PC D PC PC PTCvC PC Christmas tree sales D D D D D 1) D (see Section 9202.1..A.4) Churches, synagogues, temples, etc. PC D D D A D D D A Circus, carnival, fair, festival D D D D D D D HD D (see Section 9202.1.A.5) Computer services A A/D A A D Construction Activities A A A A A A A I A A A A A A (See Section 9202.1.A.7 A A/D A A A (4-mit ricLors - all types of gt,nernl. - arxi special building contractor's offices. Contractor's yards A I A ------- - - - - -- - Convalescent hospitals j PCI PC D D Convents and monasteries PC A A D Credit reporting and collection A A/D A A Credit unions and Fi.nance companies A A A A A A Delivery & private postal services D Detective & security services A I A/D A r A D Drive -in theaters PC - PC 4 A Al A A A A' A/D A/D _A/D D. T- Nrellings, I-At icat ionza I Conferences D D D D sce Section 9202-I.A.8) A - All-owed The director -hall determine if a proposed,' unlisted 1) - Director's approval requircki IISC is similar to a listM use. Numbered notes are IIC- Planning Comnission approval. required at end of chart. A/D-Director's approval on grotind floor; allowed above 38 TABLE 9 (Continued) R -1 R -2 R-3 R-4 C /OS 0 PF C -N C-C C -R C -T C -S M USES AH OWN) BY 7,M Pkiployment agencies I A D A/D A - - - - - -�- Equipment rental — -._.. A A Exterminators and fumigators I A A Feed stores & farm supply sales PC A A Florists ! A A A Fraternities and sororities PC PC Gas distributors - containerized D A, (butane, propane, oxygen, acet- ylene, etc.) Government agency corporation -yards —_ PC A A Government agency offices and PC D 1 D D meeting rooms Hcme business - see section 9202.1.1) Hospitals PC -'- _ � - - - - -- Hot tubs - commercial -use - — - -- - - - -- - - - - - -- ---._�_ PC . PC - - PC -- D - PC PC -- -- A/D A insurance service - local. A Insurance services - regional office A/D A .Laboratories (medical, analytical) PC A A A Laundry /dry cleaner - cleaning plant A A - -up A pick point A A A A A PC A A -self- service PC D Libraries PC A9 D A D A Manufacuring - food, beverages; ice; apparel; electronic,,optical, intro- mentaton. products; jewelry; musical instruments; sporting goods; art materials 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 Conmi-ss ion approval required at end of chart. A/D- Director's approval on ground floor; allowed above 39 7ABIJ; 9 (Continued) R -1 11-2 R=3 R-4 C /OS 0 PF C -N C-C C -R C -T C -S M USES All-OWFD BY ZONE; Manufacturing - basic metals, chemi- PC Gals, building materials, fabri- j I cated metals, textiles, paper & cardboard; machinery; transporta- tion equipment. Mineral Extraction PC PC PC PC PC PC PC PC PC PC PC. PC PC (See Section 9202.1.B) Mobile Home Parks PC PC Mobile home as construction office D D D D D D D D D D D D D (See Section 9202.1.A.3) 1 Mobile homes as temporary residence A A A A A A A j � at building site (See Section 9202.1.A.6) Mortuaries D D I A Motels, hotels, bed & breakfast inns A A A Museums PC D A D3 D_3 D2 Nightclubs, discotheques, etc. - - -- - - - -- — -� -- - -- - _. - Organizations (professional, religious, D D A D A/D A D political, labor, fraternal, trade, youth , etc.) offices . rxl riee t ing rooms. -- Parades, carnivals, fairs D D D D D D D D D. (See Section 9202.1:A.5) Parking (as a principal use) D PC D D D Parks - - - - - -- - -- A A A j A D JA D' A A; A Pharmacies A A A A A A/D A A A Photocopy services Photofinishing - retail A A PC A Photofinishing - wholesale; and blue- i PC A A printing and microfilming service Police and fire stations and training I IOC facilities. Pool halls, billiard parlors, etc. PC D D D -- PC A]' A A Post offices - A - Allowed Thei director shall determine if a proposed, unlisted 17 - Director's approval required use is similar to a 1 istcd iise. NumIN,rcil notos are PC- Planning Commission approval required at end of chart. A/D- Director's approval on ground floor; allowed above 0 TABLE 9 (Continued) R -1 R -2 R -3 R -4 C /OS 0 PF C -N C-C C -R C -T C -S M USES ALIDM BY ZONE Printing & Ptmbl ishi.ng D D A A Produce stand (incidental sales of D items produced on the premises) A' ;A/D A Professional Offices (attorneys, architects, counselors, medical services, accountants, investment brokers, realtors, appraisers) except engineers & industrial design --- -- -- - -- Profession Offices - engineers and A j !A/D A D industrial desk _- = ---- - - - _ - -- - - -- Public assembly facilities (commtuiity PC D D PC meet ing roans . .. .......... . Railroad yards, stations, crew D A Eacilties Refuse hauling, septic tank, and A portable toilet services Repair services - household appliances, D A A A A locksmiths, saw sharpening, shoe repair Residential care facilities - see I I dwellings Restaurants, sandwich shops, takeout food, I A2 A3 A 3 A2 D etc. D A A Retail sales - building & landscape A materials (lumber yards, nurseries, floor and wall coverings, paint, glass stores, etc.) Retail sales - appliances, furniture A I A D and furnishings, musical instruments; data processing equipment, business, office, and medical equipment stores; h. ! catalog stores; sporting g3ods, I bicycles, outdoor supply D Retail sales and rental - autos, trucks, A PC motorcycles, RV's i 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 41 TABLE 9 (Continued) R -1 R -2 1�-3 R-4 C /OS 0 PF C -N C-C C-R C -T C -S M USES ALLOWFD BY ZONE Retail Sales - auto parts and D A A PC accessories except tires and batteries as principal use Retail sales - tires and batteries A A PC Retail sales and rental - boats, l A PC aircraft, mobile homes detail sales - groceries, liquor, & A A A PC D specialized foods (bakery, meats, dairy items, etc.) Retail sales - general. mercharulise (drug, hardware, di.scourit, de- partment & variety stores) - 15,000 sq. ft. or less gross floor area per establishmerit A A 9 PC - 15,001 to 60,000 sq. ft. gross floor area per establishment PC A A PC -more than 60,000 sq..ft. gross floor area per establishment PC D PC Retail sales and rental - specialties A A (shoe stores, clothing; stares; lio6k/ record /videotape stores, toy stores, stationery stores, gift shops) Schools - Nursery.schools, child daycare PC PC D D A D D D - Elementary; junior high, high PC PC D D D D schools; schools for disabled/ handicapped - Colleges /universities D 7 -Business, trade, recreational, or other special. izffl schools PC A/D A D D - Boarding schools & academies PC PC Secretarial & related services (court A A/D A D reporting, stenography, typing, telephone answering, etc.) A - Allowed 'Ihe director s}iall &UAmi.r-k- if a proposed, r.nlistai D - Director's approval required use is similar to a listed use. Numbered notes are PC- Planning,Corrmission approval required at aid of chart. A/I?- Director's approval on grcnrrd floor; allowed above 42 t TABLE 9 (Continued) R-1 R -2 R- R,4 C /OS 0 PF C - -N C-C C -R C -T C -S M AId1VM USES BY ZONE Service stations D D D A A Skating rinks PC PC D PC PC Social service & charitable agencies A D D A A Stadiums PC PC PC Swap meets PC PC Swimning pools (public) PC PC PC PC Tallow works PC Telegram office A A A D Temporary Parking Lots (See Section 9202.1.A.9) Temporary real estate sales D D. D D office in tract (See Section 9202.1.A.2) Temporary sales D D D D D D (See Section 9202.1.A.10) Temporary uses.- not otherwise D D D D D D D D D D D D D. listed (See Section 9202.1.A.11) Theaters D D Ticket /travel agencies. A A A PC D Tire recapping A A A Title companies 'A A D A A Trailer rental Trucking /taxi service 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 nor TABLE 9 (Continued) R1 R -2 R3 R-4 C /OS 0 PF C -N C-C C -R C-T C S M AUDWED USES BY ZONE Utility companies - Corporation yards PC A A -customer account services (bill. A D paying and inquiries) - Distribution and transmission facilities '- See Sectioui 9202.1.E - Engineering & administration offices. A/D A D - Payment drop points A A A Vending machines A A A A A (See Section 9202.1.H) Veterinarians A8 A/D8 A8 D Warehousing, ministorage, moving co. A A PC Water & wastewater treatment plants Water treatment services A A Wholesales and mail order houses PC A A -------------- -� - -- -- — - -- -- - - -- - -- - — zoos PC 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 Calinssion approval required at end of `cliart.' A/D- Director's approval on ground floor; allowed above 44 J USE REGULATIONS - NOTES 1. In the C -N zone, only branches of banks are allowed - no headquarters. 2. In the C -N and C T zones, outdoor entertainment or dancing require Planning Commission approval of a use permit. 3. In the C-C and C -R zones, outdoor entertainment or dancing require the director's approval of a use permit. 4. Except for condominiums, the develop ent of more than one dwelling on a land parcel in the R -1 zone requires approval of an administrative use permit. R -1 density standards apply. 5. In the 0 zcxie, dwl.li.ngs «i a site occupied by residential rises nily are allowed. Mel.l.i -rigs oil a site with nonresidential uses require approval of an adminsitrative use pennit. 6. In the C -N zone, hot tubs /spas for commercial use must be enclosed. 7. In the M zone, schools are limited to those offering instruction in fields supportive of allowed uses. 8. In the 0, C-C and C -R zones, animals at veterinarian's facilities must be kept within a building. 9. In the C -N zone, branch libraries only are allowed. 45 46 SECTION 9203 ONE DISTRICTS SECTION 9203 , ZONE DISTRICTS SECTION 9203. 1 — -- ----- - - -` -- LOW- DENSITY RESIDENTIAL (R -1) ZONE A. PURPOSE AND APPLICATION. The R -1 zone is intended primarily to provide housing opportunities for people who want private open space associated with individual dwellings. It is intended to preserve existing single - family neighborhoods, provide for compatible infill development in such areas, and prescribe the overall character of newly subdivided low - density areas. This zone shall be applied to areas designated "low- density residential" on the general plan map. B. PROPERTY DEVELOPMENT STANDARDS. 1. Maximum density: 7 dwellings per net acre. (See also Section 9202.5.A) 2. Yards: Sec Section 9202.5.B. 3. Maximum height: 25 feet; up to 35 feet if the Director approves an administrative use permit. (See also Section 9202.53 and Section 9202.5.D). 4. Maximum coverage: 40 percent (See also Section 9202.5.0. 5. Parking requirements: See Section 9202.5.F. SEC iON 9203.2 MEDIUM- DENSITY RESIDENTIAL (R -2) ZONE A. .PURPOSE AND APPLICATION.. The R -2 zone is intended to provide housing opportunities for people who want compact residences close to commercial and public services. These areas will usually lie between zones of higher and lower residential density and /or adjacent to office (0) zones or neighborhood commercial (C -N) zones. This zone will be applied to areas designated "medium- density residential" on the general plan map. B. PROPERTY DEVELOPMENT STANDARDS. 1. Maximum density: 12 dwelling units per net acre (see also Section 9202.5.A). 2. Yards: See Section 9202.5.B. 3. Maximum height: 35 feet (see also Section 9202.53 and 9202.5.0. 4. Maximum coverage: 50 per (see also Section 9202.5.C). 5. Parking requirements: See Section 9202.5.F. 47 SECTION 9203.3 MEDIUM- HIGH - DENSITY RESIDENTIAL (R -3) ZONE A. PURPOSE AND APPLICATION_. The R -3 zone is intended primarily to provide housing opportunities for smaller households desiring little private open space and to provide various types of group housing. These areas are generally close to commercial and public facilities serving the whole community and generally committed to this type of development. This zone will be applied to areas designated "medium -high density resdiential" on the general plan map. B. PROPERTY DEVELOPMENT STANDARDS. 1. Maximum density: 18 dwelling units per net 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). 4. Maximum coverage: 60 percent (See also Section 9202.5.0. 5. Parking requirements: See Section 9202.5.F. SECTION 9203.4 -. r— ._____.__--------------- - - -_ —_ -- - - - --- -- - - - - -- HIGH- DENSITY RESIDENTIAL (R -4) ZONE A. PURPOSE AND APPLICATION. The R -4 zone is intended to provide housing opportunities for smaller households desiring little private open space and to provide various types (if group housing. It is further intended to allow for concentrations of housing close to concentrations of employment and college enrollment, in arias largely committed to high- density residential development. it will be applied to areas designated "high- density.residential" on the general plan map. B. PROPERTY DEVELOPMENT STANDARDS. 1. Maximum density: 24 dwelling units per net acre. (See also Sect.io 29n 02.5.A ). 2. Yards: See Section 9202.5.B. 3. Maximum height: 35 feet (See also Sections 9202.53 and 9202.5.D7.- 4. Maximum coverage: 60 percent (See also Section 9202.5.C). 5. Parking requirements: See Section 9202.5.F.' 48 ---- SECTION 9203.5 - - - -� -- -- - -- -- - ._ _._._._�____.___ CONSERVA'T'ION /OPEN SPACE (C /OS) ZONE A. PURPOSE AND APPLICATION._ The C /OS zone generally will be applied to areas which are most suitable for open space uses because of topography, geology, vegetation, soils, wildlife habitat; scenic-prominence, agricultural value, or flood hazard. The C /OS zone is intended to prevent exposure of urban development to unacceptable risks posed by natural hazards and to protect natural resources from disruptive alterations. To these ends, it is further intended to prevent the subdivision of such lands. It will be applied as a permanent zone to areas designated "conservation /open space" or "park" on the general plan map. It may also be applied to areas designated "interim conservation /open space" where development is contingent on prerequisites identified in the general plan text. B. PRUPER'.rY DEVELOPMENT STANDARDS. 1. Maximum density: One dwelling per 5 or more acres, as indicated in tho zone designation. 2. Minimum parcel size: 5 or more acres, as noted in the number which is part of the zone designation (C /OS -40 requires 40 acres). 3. Minimum street yard: 20 feet. 4. Minimum other yards: 20 feet. 5.. Maximum height: 35.feet. 6. Maximum coverage: 20 percent. 7. Parking: See Section 9202.5.F. OFFICE (0) 'LONE A. PURPOSE: AND APPLICATION_ The 0 zone is intended to provide for offices and re kriLod function~ close to medical facilties and the downtown, convenient to public: transportation and related government and business services. It is also intended to provide for continuation and development of residential uses where they will be compatible with neighboring offices. This zone will be applied to areas designated "office" on the general plan map. 49 B. PROPERTY DEVELOPMENT STANDARDS. 1. Maximum density: 12 dwelling units per net acre (See also Section 9202.5.B). 2. Yards: See Section 9202.5.B. 3. Maximum height: 35 feet (See also Section 9202.5.B. and 9202.5.D).- 4. Maximum coverage: 60 percent (See also Section 9202.5.0. 5. Parking requirements: See Section 9202.5.F. SECTION 9203.7 `"-- ___�_---------- - - ---_ - - --- PUBLIC FACILITY (PF) ZONE A. PURPOSE AND APPLICATION._ The PF zone is intended to provide for the wide range of public uses Likely to be Located on public property. Public uses are those conducted by governmental or non- profit agencies. However, this zone will also pro- vide fur complementary private and commercial, uses which, within the over- all guidance of the general plan, provide a public benefit. The zone is further intended to protect neighboring private uses from potentiaLly incompatible public uses. It will be applied to areas desig- nated "public /semi- public" and "park" on the general plan map. B. PROPERTY DEVELOPMENT STANDARDS. 1. Yards: See Section 920 .5.B. 2. Maximum height: 35 feet (See also Sections 9202.5.B and 9202.5.D . 3. Maximum coverage: 60 percent (See also Section 9202.5.0. 4. Parking requirements: See Section 9202.5.F. C. PUBLIC SCHOOL TENANT USES. 1. Purpose, scope, and duration. In order to allow more complete use of space made available by declin- ing enrollment, certain temporary commercial activities may be established in the public schools. Notwithstanding any other provisions of these reg- ulations'to the contrary and in conformance with the general plan, the following provisions shall apply to such uses. These provisions concerning public school tenant uses shall be automatically repealed August 21, 1984, unless the City Council, following the usual procedure for Municipal Code amendments, acts to extend them beyond that date. 50 2. Uses allowed by public school tenant permit. If the Director approves a public school tenant permit subject to the standards in Subsection 5 below, the following uses may be established within public schools in the PF none. the procedures for such permits shalt be as provided in Section 9202.1.D. for home occupation permits. a. Public educational programs different from those normally conducted at the school, such as full -time, adult programs at an elementary school; b. Private educational programs, such as professional, vocational, or recreational classes; C. Storage of furnishings and records; d. Telephone answering or paging service; 0. Stenographic, court reporting, typing, graphic design, editing, and t rans lnL i ng services; f. Child daycare. 3. Uses allowed with administrative approval. If the Director approves an administrative use permit, as provided in Section 92.04.2, subject to the standards in Subsection 5 below, the following uses may be established within public schools in the PF zone. a. Employee organization offices; b. Government agency administrative offices with infrequent visitation; C. Youth, adult, and charitable service organizations d. Photography studio or art studio; e. office, for equipment sales or repair., excluding on -site sales or vehicle repair; f. Clothing repair or alteration and repair of small appliances, watches, musical instruments, and similar items. 4. Uses allowed with Planning Commission approval. If. the Planning Commission approves a use permit, as provided in Section 9204.2, subject to the standards in Subsection 5 below, the following uses may be established within public schools in the PF zone a. Travel or ticket agency; b. Duplicating, mailing, and direct distribution.(private postal) services. 51 5. Standards. The following standards shall be conditions of approval for all types of permits. Whether these standards can reasonably be met shall be considered when deciding if a use permit should be approved for a specific use in a specific location. a. The use will be temporary; permit approval shall be for a maximum period which shall not extend beyond three years from the date when these provisions concerning public school tenant uses take effect. b. Parking as required by Section 9202.5.F. shall be provided; c.. There will be adequate space for the function itself and supporting activities such as parking, in addition to all other activities previously established at the school; d. The use will not require structural changes to the school building, unless there is written guarantee the building will be restored for school use upon termination of the lease or permit; e. There will be minimal customer, client, or delivery traffic; f. Clients or customers shall not visit the leased space between 11 p.m. and 7 a.m. or on Sundays; 9. There will be minimal employee activity at night and on weekends; h. Activities shall be conducted entirely within the school building and shall not alter the appearance of the building; i. No vehicle larger than a 3/4 -ton truck may-be used by the tenant at the lease site; j. Activities conducted and materials or equipment used shall not change the fire - safety or occupancy classifications of the premises, nor use utilities in amounts greater than normally provided for school use; k. No use shall cause noise, dust, vibration, offensive smell, smoke, glare, or electrical interference, or other hazard or nuisance. SFC`CION 9203.8 NEIGHBORHOOD - COMMERCIAL (C -N) ZONE A. PURPOSE AND APPLICATION. I , The C -N zone is intended to provide retail sales and personal services primarily for the convenience of surrounding residential areas. Neighborhood commercial uses should provide several types of merchandise, as opposed to a business offering a wide selection of a single type of merchandise. This zone will be applied to areas designated "neighborhood - commercial" on the general plan map. 52 B. PROPERTY DEVELOPMENT STANDARDS. 1.. Maximum density: 12 units per 9202.5.A). 2. Yards: See Section 9202.5.13. 3. Maximum height: 35 feet (See 9202.5.1)). net acre (See also Section also Sections 9202.5.B and 4. Maximum coverage: 75'percent (See also.Section 9202.5.0. 5. Parking requirements: See Section 9202.5.F. 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, business, personal, and professional services, as well as recreation, enLertainment, transient lodging, and permanent residences. Uses in this zone will generally be those serving community -wide and regional. markets, as well as tourists and travelers. It will be applied to areas designated "retail - commercial" on the general plan map. B. PROPERTY DEVELOPMENT STANDARDS. 1. Maximum density: 36 units per net acre (See also Section 9202.5.A). 2. Minimum street and other yards: See Section 9202'.5.B. 3. Maximum height: 45 feet See also Sections.9202.5.13 and 9202.5.D). 4. Maximum coverage: 100 percent. 5. Parking requirements: See Section 9202.5.F. tiECCION 9203.10-- �-- - - - - -� -- CENTRAL- COMMERCIAL (C -C) ZONE A. PURPOSE AND APPLICATION. The C -C zone is .intended to provide for a wide range of retail sales and services meeting community -wide and regional market demands. It is intended to be applied within the central business district, in the area dominated by pedestrian trade, where, the historical pattern of development limits building form and the availability of on -site parking. The zone is meant to maintain the desirable characteristics of this area and accommodate carefully.integrated new development, while recognizing that the uses of structures within the district tend to change. B. PROPERTY DEVELOPMENT STANDARDS. 1. Maximum density: 36 units per 2. Minimum street and other yards: 3. Maximum height: 50 feet; See 9202.5.1)). 4. Maximum coverage: 100 percent. acre (See also Section See Section 9202.5.B. also Sections 9202.5.B 53 9202.5.A). and 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 reiuired parking. Thr: drprartmenl shall schedule .a public hearing before the Planning Commission to consider revocation of the use authorization where no.alternaL ive location for required parking is provided. SECTION 9203. 11. �. �—. �_---------_------- �.r____..�------------- ___ - -- 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. PR*0PI;RTY DEVELOPMENT STANDARDS. 1. Maximum density: l2 units per 9202.5.A). 2. Yards: See Section 920L53. 3. Max mum coverage: 75 percent 4. Maximum height: 45 feet (See 9202.5.67 � net acre (See also Section (See also Section 9202.5:0: also Sections 9202:5.6 and 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 gent, r:al plan m:ap, Lypir;al ly .Lhose areas with more public exposure along artori:al sLr.e(-,LS 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 For buildings 20 feet and less in height - 10 feet. For buildings more than 20 feet in height - 15 feet. Other yards shall be as provided in the zone of any adjacent lot. See also Section 9202.5.B. 2. Maximum height:. 35 feet. (See also Sections 9202.5.8 and 9202.5.67 3. Maximum coverage: 75 percent (See -also Section 9202,5.0. 4. Parking requirements:. See Section 9202.5.F. Off - street loading requirements: Gross floor area Number of spaces of building required 1,000 to 9,999 none 10,000 to 29,999 1 30,000 to 99,000 2 100,000 and more 3 (See also Performance Standards, Section 9202.6.) SEC'T'ION 9203 . 13 - -- ___---.---------.__.____-.-.-------.-.-- MANUFACTURING (M) ZONE A. PURPOSE AND APPLICATION. The M zone is intended to provide for assembly and fabrication activi- ties in addition to those permitted in the C -S zone, and for limited sales and services -- primarily those not directly related to local consumers. This zone will be applied to areas designated "service- commercial/light industrial" on the general plan map, usually those served by, but with no frontage on, arterial streets. B. PROPERTY DEVELOPMENT STANDARDS. 1. Yards: Minimum yards shall be: Where no building adjoins - 5 feet (requirement for parking lots and signs); For buildings 20 feet and less in height - 10 feet. For buildings more than 20 feet in height - 15 feet. Other yards shall be as provided in the zone of any adjacent lot See also Section 9202.5.B. 2. Maximum height: 35 feet (See also Section 9202.5.B and 9202.5.D7. 3. Maximum coverage: 75 percent (See also Section 9202.5.0. 4. Parking requirements: See Section 9202.5.F. 55 Off- street loading requirements: Gross floor area of building 1,000 to 9,999 10,000 to 29,999 30,000 to 99,999 100,000 and more Number of spaces required none 1 2 3 (See also Performance Standards, Section 9202.6.) SECTION 9203.14 PLANNED DEVELOPMENT (PD) 'ZONE A. PURPOSE AND APPLICATION. The Planned Development •none is intended to encourage imaginative development and effective use of sites. It does this by allowing more variation in project design than normal standards would allow. Such variation from normal standards should provide benefits to the project occupants or to the community as a whole which could not be provided under conventional regulations. PD rezoning must occur simultaneously with approval of a specific project. The PD zone may be applied to any parcel 91'r contiguous parcels of at least one acre, in combination with any other Z0110. 11. ALLOWED USES. Any use or combination of uses which conform with the general plan may be established in the PD zone. C. PROPERTY DEVELOPMENT STANDARDS. Residential densities may exceed those allowed in the underlying zone by not more than 25 %. (In order to approve a development which exceeds the density otherwise allowed, the Planning Commission and City Council must make certain findings as required by Section 9204.4.D.2.) Under an approved development plan, lot size and configuration, yards, height, coverage and parking may be specified for the project without conformance to the standards of the underlying zone. For procedures and performance criteria, see Section 9204.4. sEC�rioN 92o3.i5 SPECIFIC PLAN (SP) OVERLAY ZONE A. PURPOSE AND APPLICATION. The SP zone is intended to translate the provisions of an adopted specific plan into regulations for the subsequent development of land. It wil.L be applied to areas for which a specific plan has been adopted or where the general plan calls for a specific plan prior to development, generally within residential expansion areas. 6Y#1 B. ALLOWED USES. Prior to adoption of a specific plan, areas in the SP zone in, be used in conformance with the provisions of the C /OS zone. Once a specific plan has been adopted, uses shall be as provided in the specific plan. C. PROPERTY DEVELOPMENT STANDARDS. Residential density shall.be as provided in the specific plan. Height, yards, coverage,.and parking shall be as provided in the specific plan. If the specific plan does not contain explicit provisions on these items, they shall be as provided in the underlying zone. Other development features explicitly contained in the specific plan, such as landscaping, building siting and form, and circulation, shall be as provided in the specific plan. HISTORICAL AND ARCHITECTURAL PRESERVATION (H) ZONE - _- __------- ________ A. PURPOSE AND APPLICATION. The H zone will protect the appearance of parcels or areas which are architecturally or historically important and provide design review for construction of new buildings or the exterior modification of existing principal buildings. The H zone may be applied to areas with any of the following characteristics; 1. The exteriors of buildings in the area exhibit their original architectural style; 2. The property or area contains structures which are community architectural landmarks; 3. The property or area was the site of a local, regional., state or national historic event; 4. The property, area or structure was previously owned or occupied by someonc:� who had a significant role in the history of the city, region, state or nation. B. ALLOWED USES. Uses shall be as provided in the underlying zone. C. PROPERTY DEVELOPMENT STANDARDS. Property development standards shall be as established by the underlying zone. D. ARCHITECTURAL REVIEW REQUIRED. 1. New Construction. Architectural plans for the construction of principal buildings and accessory structures such as sheds and garages shall be approved by the Architectural Review Commission (ARC) before a building permit may be issued. 57 2. Significant Exterior Modifications to Existing Principal Buildings. a. Architectural plans for the exterior modification of principal structures shall be reviewed by the Community Develoment Director. The following are examples of such modifications: (1) Changing the profile of the, building; (2) Closing existing window or door openings or installing new ones; (3) Adding exterior wall space visible from a public way; (4) Replacing roof or exterior wall material with something other than the type originally used on the building; (5) Replacing window or door framing materials with something other than the type originally used on the building; (6) Placing heating, or cooling.units, including solar collectors, so as to be visible from a public way; (7) Other changes to the exterior of the principal building that the Director determines may change its architectural character. b. The Director, using criteria adopted by the City Council in consultation with a historical perservation technical committee; shall approve, conditionally approve, or deny the proposed modification. The Director's decision may be appealed to the Architectural Review Commission. SECTION 9203.17 SPECIAL CONSIDERATION (S) ZONE A. PURPOSE AND APPLICATION. The S zone has two purposes: I. [n combination with any zone, to require approval of a use permit. by thr Planning Coimnission before any use may be established. the use permit re(Ittirement is intended to assure compatibility of the use with its surroundings or conformance with the general plan, or to determine if a proposed development solves problems such as noise exposure, flood hazard, airport hazard, or slope instability which are particularly severe on a given site. Such development review may also be used to protect areas of scenic or ecological sensitivity, wildlife habitat, or wildland fire hazard. The ordinance adopting the S zone will specify the considerations to be addressed, and the ordinance number,will be incorporated in the official zone map designation. 2. In combination with any other zone, to require a larger minimum parcel size than required by 'the underlying zone. In such cases it will. he dosi};nat.ed on the zonr map as, for example., R- 1-S -3, which indicates :I minimum parcel sire of three acres. 58 B. ALLOWED USES. Subject to approval of a use permit by the Planning Commission, any allowed or conditionally allowed use in the underlying zone may be established. C. PROPERTY DEVELOPMENT STANDARDS. As provided in Section 9204.2, the Planning Commission may establish conditions relating to improvements, building location, access, and so on, which are more restrictive than provided in the underlying zone, in order to fulfill the intent of these regulations. D. PROCEDURE: SUBDIVISIONS. The Planning Commission or Director may waive the requirement for a use permit when property proposed for development is the subject of a subdivision map application. 59 All SECTION 9204 ISTRATION AND ENFORCEMENT SECTION 9204 ADMINISTRATION AND ENFORCEMENT SECTION 9204.1 �� GENERAL PLAN CONSISTENCY These regulations shall be with the general plan. interpreted and applied in a manner consistent SECTION 9204.2 -.�.---- - - - - -- ---------------- .�.__------------------ - - - - -- USE PERM I.TS A. PURPOSE AND INTENT. It is intended that use permits allow flexibility in providing for, regulating, or preventing various uses, so they will be compatible with. existing or desired conditions in their neighborhoods. Use permit approval is required for certain uses so that their detrimental effects can be reduced or avoided and potential conflicts in land use can be prevented. This is necessary because of the wide variety of uses that are allowed within zone districts and because of the variety of existing sites And uses found in the community. B. APPLICATION FORM. Application shall be made to the Community Development Department in Llie farm prescribed by the Director, including, as may be necessary, site plans, wriLLen descriptions of activities to be conducted, technical studies of site. characteristics, and so on. C. PROCEDURES. 1. Administrative Use Permits. a. Before acting on any use permit application, the Director shall hold a hearing at which information and arguments may be presented. Notice of the time, date, place, and purpose of the hearing shall be given by posting the property and by publishing an advertisement in a newspaper of general circulation at least five days before the hearing. b. Decisions of the Director shall be rendered in writing within 10 days of the hearing. They shall .state the conditions of approval, if any, or the reasons for denial The Director's decision shall be final unless appealed. 61 C. At his or her discretion, the Director may refer an administrative use permit to the Planning Commission, pursuant to the requirements in subsection 2 below, when he /she determines the application involves a major policy issue or public controversy that would be resolved more suitably by the commission. 2. Planning Commission Use Permits. a. Before acting on any use permit application, the Planning Commission shall hold a public hearing conducted according to its by -laws. Notice of the time, date, place, and purpose of the hearing shall be given by posting the property and publishing an advertisement in a newspaper of general circulation at least 10 days,before the hearing. b. Decisions of the Planning Commission shall be rendered in writing within lO days of Lhe he ;iri.ng. They shall state Lhe conditions of approval, if any, or the reasons for denial. The Planning Commission's decision shall be final unless appealed. C. When a use permit or variance is before the Planning Commission; the commission may act to impose additional or relax any property development standards capable of being so altered under relevant sections of these regulations (See Sections 9202.5 and 9204.3). The intent of this provision is to enable the commission to deal with various aspects of project design in a comprehensive way, without postponement of action on a project for separate hearings. Use permit and variance findings and procedures shall apply as provided in relevant sections of Lhese regulations. Public notice for use permit and variance applicaL ons, in order Lo fulfi.l.l Lhe inLenL of Lhis section, shall. be sufficiently general. so Lhe public wilt be aware of the type of project proposed and the types of actions the commission may take, without further notice, to approve or conditionally approve the project. Likewise,, on appeal, the City Council may act to alter property development standards by variance or use permit if a variance or use permit application is under consideration. D. FINDINGS. In order to grant a use permit, the Director or Planning Commission, or on appeal, the City Council, must find that the proposed use will not be detrimental to the health, safety or welfare of persons working or living at the site or within the vicinity. The Director, Planning Commission or City Council may deny the proposal or attach conditions as deemed necessary to secure the purposes of these regulations. G. CONDITIONS OF APPROVAL. Conditions imposed by Lhe Director, Planning Commission, or City Council. may include: L. Modification or limitation to activities, including times and types of operations; 2. Special yards or open spaces; 3. Fences, walls, or landscape screens; WJ 4. Provision and. arrangement of parking and vehicular and pedestrian circulation; 5. On -site or off -site street, sidewalk, or utility imprgvemenLs and maintenance agreements; 6. Noise generation and attenuation; 7. Dedication of right-of-'way or easements or access rights; 8. Arrangement of buildings and use areas on the site; 9. Special hazard reduction measures, such as slope planting; 10. Minimum site area; 11. Other conditions.which may be found necessary to. address. unusual site conditions. F. CRITERIA FOR APPROVAL. In deciding whether a proposal is acceptable at a given location, the Director, Planning Commission, and City Council shall consider whether the proposal could be established and maintained without jeopardy to persons or property within or adjacent to the proposed site and without damage to the resources of the site and its surroundings. Appropriate criteria may be found in the following sources, without Limitation: 1. General plan elements (such as land use, circulation, housing, noise, seismic safety, public safety, open space, and conservation); 2. Specific plans and special studies; 3. Standards and recommendations of agencies commenting on environmental documents for the proposal or for similar projects. G. REQUIREMENT FOR AND COMPLIANCE WITH USE PERMITS. 1. For any given development or proposed use, when more than one use permit -- including more than one type of use permit -- is required by individual sections of these regulations, only one use permit application need by filed and acted upon. If both an administrative use permit or permits and Planning Commission use permit or permits would simultaneously be required by separate sections, one Planning Commission use permit shall be processed to cover all requirements. 2. The modification or addition 'to a use requiring use- permit approval shall itself be subject to use- permit approval. The addition of an allowed use to a premises occupied by a conditionally allowed use shall, require use- permit approval of the type required for the. existing use. The Director shall determine when such an addition or change is of such a minor or incidental nature that the intent of these regulations can be met without further use permit control. 3. Any conditions established met before the use is established, Commission, or on appeal, the City certain conditions to be met after of the use shall then be contingen meeting deferred conditions. pursuant to these regulations shall be except that the Director, Planning Council, may establish a schedule for establishment of the use. Continuance on complying with the schedule for 63 4. If the use or structure authorized by use permit 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 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 VAKIANCES A. 1. NTENT. The variance proceduri� 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 assize, 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. 64 SECTION 9204.4 -� PLANNED DEVELOPMENT A. PRELIMINARY DEVELOPMENT.PLAN. Application for planned development Development Department and shall consist plan, to include: shall be made to the Community of a preliminary development 1. A legal description of the total site involved; 2. A statement of ,the objectives to be achieved by the planned development through the particular approach to be used by the applicant; 3. A schedule indicating the approximate dates when construction of the development or stages of.the development are to be started and completed; 4. A statement of the applicant's intentions regarding future sale or lease of all or portions of the planned development; 5. A quantified description of the total number and type of dwelling units, parcel sizes, coverage, modified and natural open space, grading, residential densities, and areas devoted to non - residential uses; 6. identification of portions of the development which would otherwise require a variance, and reason for the deviation from normal standards; 7. A site plan and supporting maps, drawn to a suitable scale and clearly labeled, showing, if applicable: a. Existing site conditions, including contours, vegetation and water courses; b. Proposed lot designs; C. Location and floor area of existing and proposed buildings or outlines of areas within which buildings may be located d. Location and size of all areas to be conveyed or reserved as common open spaces or for public or semi- public uses; e. Existing and proposed circulation system of arterial, collector, and local streets; off- street parking, loading, and emergency access areas; points of access to public rights -of -way; proposed ownership of circulation routes; f. Existing and proposed sidewalks and paths; g. Existing and proposed utility systems, including sanitary sewer, storm drainage, water, electricity, gas, and telephone; h. A general landscape plan; i. A general grading plan. 8. Information on land area adjacent to the proposed development, indicating important relationships between the proposaal and surrounding land uses, circulation systems, public facilities, and natural features; 9. Any additional information which may be required by the Director to evaluate the character and impact of the planned development. 65 B. ACTIONS OF THE PLANNING COMMISSION. After giving notice as provided in Section 9204.7.C, the Planning Commission shall hold a public hearing on the application. The Planning Commission may approve, approve subject to certain modifications, or deny the application. The decision of the Planning Commission shall be in the form of a recommendation to the City Council and shall be rendered in writing, stating all modifications or conditions to be reflected in the final development plan. C. ACTIONS OF THE CITY COUNCIL. After giving notice as provided in Section 9204.7.C., the City Council shall hold a public hearing on the application and the recommendations of the Planning Commission. The council may approve, approve subject to certain modifications, or deny the proposal. The decision of the council shall be rendered in writing, stating all modifications or conditions to be reflected in the final development plan. If it approves or conditionally approves the preliminary development plan, the council shall approve the rezoning and the Official Zone Map shall be amended to indicate ,ipproval of the planned development. D. REQUIRED FINDINGS. 1. To approve a planned development, the Planning Commission and City Council must find that it meets one or more of the following criteria: a. It provides facilities or amenities suited to.a particular occupancy group (such as the elderly or families with children) which would not be feasible under conventional zoning. b: it transfers allowable development, within a site, from areas of greater environmental sensitivity or hazard to areas of less sensitivity or hazard. C. it provides more affordable housing than would be possible with ('onventiona.l. development. d. Features of Lhe particular design achieve the intent of. conventional standards (privacy, usable open space, adequate parking, compatibility with neighborhood character, and so on) as well as or better than the standards themselves. e. It incorporates features which result in comsumption of less materials, energy or water than conventional development. 2. In order to grant a "density bonus'! (as explained in Section 9203.14.0, the commission and council must find that the proposed development satisfies at least three of the five criteria above. The applicant shall provide a detailed statement indicating how the development satisfies the appropriate criteria above. The maximum density bonus is not automatic. In determining the allowable bonus, the commission and council shall assess the extent to which these criteria are met. E. I11;Q1IIREMKN1I FOR DVV13L,0PMKNT PLAN. No kind d i v i s i o n m;iy be undoi -Laken and no const. ruct, i ern hr.gun .wi th i n an ;i r ;i r,on d PD un 1 i I v f inn I dove I opmoilL plan has been approvod . .. F. FINAL. DEVELOPMENT PLAN... 1. Within six months of approval or conditional: approval of Lhe prrLimimiry dttvi lupmenL plan, l. he applicanL shall I Ic with Lho t:omuillull .y Development DeparLmenL a final development plan. AL his discrotlull 'Ind for good cause, the Director may extend for six months the period for f. i Ling. 2. The final development plan shall include those items from subsection A above (Preliminary Development Plan) which describe the proposal, including division of land, type and location of all buildings and improvements, an so on, but it need not include information on existing conditions. 3. The Director shall review and take action on the final development plan within.30 days of filing. He shall approve it upon finding that it is in substantial compliance with the preliminary development plan as approved or modified by the council. Upon approval of the final development plan, the Director shall add the number of the planned development to the Official Zone Map (for example, PD (9999). Subsequently, all grading, construction, and landscaping shall comply with the approved final development plan. 4. The final development plan may consist of final subdivision maps, building construction plans, grading plans, and so on, that would normally be submitted in the course of development, and need not be .a separate submittal. The Director shall determine the extent to which any additional documentation of development plans is required. G. PHASING. If the construction of the planned development is to occur in phases,_ the open space and common facilities shall be developed and made available in proportion to the number of dwelling units or non - residential floor area occupied during any given stage. At no time during construction of the project shall the density of developed land exceed the overall density established in the final development plan. H: _AMENDMENT OF FINAL DEVELOPMENT PLAN. Minor differences between the approved development plan and construction plans may be allowed by the Director. Written requests for amendments to a final development plan may be approved by the Planning Commission after a public hearing, notice of which has been given as provided in Section 9204.7.C. Amendments shall be limited to changes in the size and position.of buildings; the number, area, or configuration of lots; landscape treatment; phasing, and the like. Amendments may not include changes in proposed use, overall density, or overall configuration of the land uses and circulation features. Changes to these aspects may be accomplished only by re- application and submittal of a new preliminary development plan. These procedures apply whether or not all or part of the development has been built. 67 I. REVOCATION OF PD ZONING. If a final development plan is not carried out in the time specified in the development plan or within�an approved extension period, the Planning Commission and City Council may remove the "PD" designation according to the usual procedure for city— initiated rezoning. SECTION 9204.5 INTERPRETATION A. AMBIGUITY. The Director shall interpret these regulations, subject to the appeal procedures of Section 9204.8. Written ,requests for interpretation shall. be responded to in writing within 10 days and shall become part of Ehe permanent files of the Communty Development. Department. B. ZONE DISTRICT BOUNDARIES. 1. Boundaries between zoning districts generally follow lot lines or their extensions, physical features, or contour lines, as noted on the Official. Zone Map. Boundaries :adjoining streets shall be assumed to follow the centerlines of streets if such location becomes an issue in the use of private property, as when a street is abandoned. Zones which meet at a street centerline shall not be considered "adjacent." 2. The location of boundaries which are not readily determined by' 1 . inspection of the Official Zone Map shall be determined by the Director. C. _CONFLICT WITH PUBLIC PROVISIONS. These regulations are not intended to interfere with or annul any other law or regulation. Where these regulations impose a restriction different from any other law or regulation, the more restrictive shall apply.. D. CONFLICT WITH PRIVATE PROVISIONS. These regulations are not intended to interfere with or annul any easement, covenant, or other agreement between private parties. Where these regulations impose a restriction different from a private agreement, the provisions which are more restrictive or which impose higher standards. shall control. 68 SECTION 9204.6 ENFORCEMENT A. DELEGATION OF AUTHORITY. The Director sha Il he respons i h l(t for en I orc i n}; tJa�ts� regu Lat ions ;and shall issue no permit in conflict with them. Any such permit issued shall be void. B. VIOLATIONS. 1. General Regulations and Requirements. The Director shall enforce these regulations in accordance with privisions of the Municipal Code and any other procedures as may be adopted by resolution of the City Council. 2`. Revocation of Use Permits, Variances and-Home Occupation Permits. a. A use permit or variance shall be automatically revoked if not used within one year, unless a longer period is.specified in the approval, or unless an extension is granted. h. All types of permits and variances may be eovoked by the body which originally approved them, upon determining that any of the conditions have been violated. Procedures for revocation shall be as prescribed for issuance of the permit, including written notice to the permittee at least 10 calendar days before the hearing. AMENDMENTS A. SCOPE. An amendment to these regulations which changes any property from one zone to another shall be adopted as set forth in the following subsections. Any other amendment to these regulations may be adopted as other ordinances and amendments to the Municipal Code are adopted. B. INITIATION. An amendment to these regulations may be initiated by (1) a resolution of intention of the Planning Commission, (2) a resolution of intention of the City Council, or (3) an application by any other person or agency in the form prescribed by the Director. C. PLANNING COMMISSION ACTION. 1. Before taking any action on a proposed zone change, the Planning Commission shall hold a public hearing. Notice of the time, date, place, and purpose of the hearing shall be given in each of the following ways at least 10 calendar days before the hearing: 69 a. Publication in a newspaper of general circulation within the City; b. Posting each street frontage of the property to be rezoned, or the nearest street access if the property does not abut a dedicated street; C. First -class mail to owners of the property to be rezoned and of property within a radius of 300 feet, as listed in the most recent annual revision of the County Assessor's roll. 2. Failure to post or notify by mail shall not invalidate any amendments duly adopted. 3. If the Planning Commission approves a rezoning or denies a City Council- initiated rezoning, its action shall be a written recommendation Lo the City Council, including any findings required for. approval. 4. If the Planning Commission denies a rezoning which it or a private party has initiated, the action shall be final unless appealed. It shall be rendered in writing and shall state the reasons for denial. D. CI'T'Y COUNCIL ACTION. Before taking any action on a recommendation of the Planning Commission, the City Council shall hold a public hearing for which notice shall be given as provided in subsection C. above. E. ANNEXATION AND PREZONING. Any area annexed to the city shall be prezoned consistent with the general plan or classified C /OS until rezoned after annexation. F. OTHER REQUIREMENTS. Procedures for prezoning and adoption of urgency interim regulations shall be-as provided in the California Government Code. Requirements for Lhe scheduling of zoning; hearings in relation to general plan amendments, reports from the Planning Commission to the City Council upon referral, :ind ,ill oLher m,:ILLors nut prescribed in greaLer detail in L11 regulations shall be as provided in the Government Code. 0 70 APPEALS A. STANDING TO APPEAL. Any person may appeal a decision of any official. or body, excerpt that administrative decisions requiring no discretionary judgement, as provided in Section 1401 of the Municipal Code, may not be appealed. B. TIME LIMITS. Appeals must be filed within 10 calendar days of the rendering of a decision which is being appealed. If the tenth day is a Saturday, Sunday, or holiday, the appeal period shall extend to the next business day. C. COURSE OF APPEALS. 1. Decisions of the Director shall be appealed to the Planning Commission. Such appeals shall be filed with the Director. 2. Decisions of the Planning Commission shall be appealed to the City Council. Such appeals shall be filed. with the City Clerk. D. CONTENT OF APPEAL. The appeal shall concern a specific action and shall state the grounds for appeal. E. HEARINGS AND NOTICE. Action on appeals shall be considered at the same type of hearing and after the same notice that is required for the original decision. Once an appeal has been filed, it shall be scheduled for the earliest available meeting, considering public notice requirements, unless the appellant agrees to a later date. SECTION 9204.9 --------- - - - - -- ------------- - - - - -- ---.__--------- - -- REPEAT APPLICATIONS When any application made pursuant to these regulations has been denied, no new application which is substantially the same shall be filed within one year of the date of the previous denial unless the Planning Commission, for good cause, shall grant permission to do so, or the City Council or Planning Commission shall initiate such application. The Director shall determine when an application is. substantially the same as a previous application, subject to the appeal procedures of Section 9204.8. 71 SECTION 9204.10 FEES The City Council may, by resolution, establish fees for applications and procedures required by these regulations, to the extent such fees have a reasonable relationship to the costs incurred in processing the applications and providing public notice. i 72 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 I 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 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 "). .' r 73 Educational Facilities: Adult school, business school, or trade school means a professional, recreational, or vocational school providing,a continuous program of instruction primarily for adults, as a business. College means a facility providing a continuous academic program primarily for students 17 years of age or older. Elementary School means a facility providing a continuous program of instruction for students generally aged 5 through 12. High school means a facility providing a continuous program of instruction for students generally aged 16 through 18. Junior high school means a facility providing a continuous program of instruction for students generally aged 13 throiigh 15. Nursery school means.a facility for the care and /or instruction of seven or more children who are less than six years of age. Fair - see "Festival." Festival (or carnival or fair) means a temporary public or commercial gathering where entertainment, food; crafts, and Ehe like Are offered For viewing or sale. Gatherings on public property under the sponsorship or control of the city are excluded. Fraternity house (or sorority house) means a building or buildings occupied by six or more college or university students who are members of a social or educational association and /or where such an association holds gatherings. General merchandise sales means the retail sale's of two or more of the . following types of merchandise, and includes Elie types of, establishments popularly known as "department stores," "hardware stores;" "variety stores," "drug stores," and "discount stores :" apparel and accessories, cosmetics, household items, appliances, furniture and furnishings, auto parts and accessories, tools; garden supplies, toys; games, sportirig goods, photographic supplies, jewelry, fabrics, notions; dishes and tableware, and similar consumer goods. Grazing means the keeping of hoofed animals where food grown on the premises is the principal food of the livestock. Gross area means the total area enclosed within a building, iniludin}; _floor closots, sLairwriys, and ut.ility and mecha6ic,4l roonis, meisured from the cxLorior face oL Lhc� walls. Hospital means a facility housing and providing a full range of medical care, including acute care, for patients who require such care on the premises. Hotel (or motel) means a building or group of buildings' providing accommodations, with or without kitchens, primarily for the traveling public. 74 Lodge - see "Private club." Lot means: a. A parcel of real. property with a distinct.designation deI ineaLed 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." 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 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