Zoning Code and Design Guidelines

Transcription

1 Zoning Code and Design Guidelines Department of Community Development Tricia Stevens Planning and Environmental Review

2 Items for Today s Public Hearing Changes to Hearing Authorities o Service stations o Convenience markets with extended hours o Driving ranges o Outdoor recreation in RD, AR, and AG zones o Thrift shops o Drive-thru restaurants o Borrow pits Room rentals Residential care homes Fencing Distance Separation Standards Design Review Appeals 2

3 Agenda for Today s Public Hearing Staff presentation on shaded items Board questions Public testimony Board to provide direction on shaded item questions, and on item questions as a group Continue to May 5 for report on remaining topics A-3 Lower driving ranges in agricultural zones from Board to PC? Staff recommends that driving ranges be lowered from the Board to the PC. A-4 Lower agricultural supplies and services in AG zones from PC to ZA? Staff recommends that agricultural supplies and services be lowered from PC to ZA. 3

4 Lower Hearing Authorities Use Service Stations Convenience Markets/Extended Hours Driving Ranges Outdoor Recreation ThriftStores Questions: Board to Planning Commission? Board to Planning Commission? Board to Planning Commission? Planning Commission to Zoning Administrator for less than150 persons? Minor Use Permit? Drive-thruRestaurants Borrow Pits 4 Planning Commission tozoning Administrator? Planning Commission to Zoning Administrator?

5 Room Rentals Cannot regulate renters; regulate physical premises Staff recommendation: o Minor Use Permit for conversion to more than four bedrooms o Findings for single family compatibility o Four off-street parking spaces (new and conversions) o No garage conversions (new and conversions) o Modify definition of boarding house Questions: Should a minor use permit be required for single-family conversions with more than four bedrooms? Should four parking spaces be required with no garage conversions for all homes with more than four bedrooms? Should the definition of dwelling unit and boardinghouse be amended? 5

6 Definition of Residential Care Homes. Amend definition to reflect modern terminology and State categories No upper limit on number of beds; considered during hearing process Subject to the Rural Institutional Findings Must be family home and non-institutional in character Question: Should the definition of residential care homes be modified without specifying the number of beds, but with the finding that the home be residential in character? 6

7 Fencing Revised recommendation to allow three foot solid fences, four foot chain link, and six foot open fencing, such as wrought iron Planning Director may authorize six foot chain link for boarded or vacant properties Recommend no setback allowed on property line Questions: Should the maximum height of fencing in residential front yards be three feet for solid fences, four feet for chain link fences, and six feet for other open fences in residential zones, and not apply to AR and AG zones? 7

8 Fencing Examples Four foot chain link allowed Six foot chain link not allowed unless protecting vacant properties 8

9 Fencing (cont.) Staff believes new fencing requirements are enforceable Enforcement will be complaint driven staff would use site visits and available maps to determine legal nonconforming fences Non-conforming fences could remain if maintained Reconstruction to new standard required if old fence is severely damaged or deteriorated Question: Are the provisions for non-conforming fences acceptable? 9

10 10 Distance Separation Standards Minor Use Permit and Distance Separation Standards would apply to: o Hookah/Smoking/Vape Lounges o Pawn Shops o Tobacco Shops and Smoking Paraphernalia Shops (Smoke Shops) o Tattoo Shops o Check Cashing/Payday Loan Establishments o Thrift Stores (except consignment, antique and vintage stores) o Adult Novelty Stores Does not include hydroponic shops, discount stores, and wholesale auto

11 Distance Separation Standards Sensitive uses: child day care center, library, public parks, church, community center, public or private school, designated school bus stop, or indoor or outdoor recreation facilities that are primarily designed to serve persons under the age of 18 New requirements would prevail over existing SPA s if more restrictive Vape lounges added to hookah/smoking lounges and requires a Zoning Administrator Use Permit Combines tobacco and smoking paraphernalia shops into single category smoke shops and stores less than 15% tobacco sales not affected 11

12 Distance Separation Standards Use Separation from Residential and/or Ag-res Zones Separation from Sensitive Use Separation between the same use Hookah/Smoking/Vape 100 feet 1,000 feet 1,000 Lounges Pawn Shops ,000 SmokeShops 100 1,000 1,000 TattooShops ,000 Check Cashing/Payday ,000 loans Thrift Stores None None 1,000 Adult Novelty Stores 100 1,000 1,000 (repeats County Code 9.50) 12

13 Distance Separation Standards Finding for issuance of minor use permit: no more than three of these uses within 1,000 feet Exceptions based on physical characteristics of the neighborhood, such as the major arterials, freeways, railroads Consider similar uses in adjacent jurisdictions Special Development Permit by the Zoning Administrator if separation not met Findings would still apply if use requires a conditional use permit (e.g. hookah lounges) 13

14 Current Locations SmokeShops and Lounges (purple) 12 Pawn Shops (red) 23 Tattoo Shops (green) 72 Check Cashing (light green) 61 Thrift Stores (blue) 8 Adult (yellow) Illustrative map showing major concentrations

15 Distance Separation Standards Questions: Are the distance separation requirements and definitions in the attached chart acceptable? Are the findings for issuance of a minor use permit acceptable? 15

16 Design Review Appeals Two aspects: 1. Concern expressed on appeals of non-discretionary Planning Commission projects when all development standards are met, creating expectations for more discretion - reconsider a 150 unit threshold for staff level review, instead of 80 units, with informational referral to CPAC s 2. Staff recommends staff level design reviews have one appeal to the Board of Zoning Appeals Questions: Should the threshold for staff level review of nondiscretionary multifamily design review projects (no deviations) be increased to 150 units? Should any staff level design review be appealed to the Planning Commission/Board of Supervisors, or appealed to the Board of Zoning Appeals? 16

17 Consent Questions Question: Are the items shown as consent acceptable? These topics include: Lowering of Hearing Authority (10 items) Rural Institutional Findings Landscaping Billboards and Signage Design Guidelines Hookah/Smoking/Vape Lounges 17

18 Next Steps Next meeting: Agriculture and incidental agriculture and other remaining items as directed by the Board Preparation of Third Public Review Draft (Final) with incorporating changes to date with strike-out bold Preparation of Second Public Review Draft (Final) of County-wide Design Guidelines Anticipate final adoption of Zoning Code, Design Guidelines and User Guide in June 18