Correspondence - Non Agenda - Laserfiche WebLink

Home Browse Search

Case 8:23-ev-00504 Document 1-3 Filed 03/20/23 Page 10 of 76 Page ID #:76 ZOA No. 2022-03: Zoning Code Amendments and Updates January 17, 2023 Page 8 business to thrive, staff is proposing to amend Section 41-472 of the SAMC to permit retail uses in the M1 zoning district on properties that front an arterial street. Change of Use Parking Exceptions In September of 2017, the City approved Ordinance No. NS-2923 amending Chapter 41 of the SAMC to permit a change of use exception to allow the change of certain uses within an existing building up to 2,500 square feet in size without the need to provide additional parking and loading spaces. For example, a tenant space may change from retail (five (5) parking spaces per 1,000 gross square feet) to a restaurant use (eight (8) spaces per 1,000 gross square feet) without providing additional parking. The adopted ordinance allowed more flexibility and facilitated the re-tenanting of commercial, professional, and industrial centers by removing barriers to permit the change in use. Staff is proposing amending Section 41-1309.1 of the SAMC to extend that flexibility and facilitate the change of use in existing industrial centers that front arterial streets from industrial uses to retail when the retail component is equal to or less than 50 percent of the gross square footage of the tenant space. Changes in use that exceed the proposed threshold would be required to provide the minimum off-street parking required by Chapter 41 of the SAMC. Trash Enclosures In response to SS 1383, also known as the Short-lived Climate Pollutant Reduction Act of 2016, and other changes to state law related to recycling and waste collection, the City updated Article II (Solid Waste Collection Regulations) of Chapter 16 (Garbage, Trash, and Weeds) of the SAMC April of 2022. Staff is proposing amending Section 41- 623 of the SAMC to update the trash bin enclosure and maintenance standards to reflect and be consistent with the new regulations in Chapter 16. Urban Lot Splits and Two-Unit Developments (SB 9) The City adopted its Urban Lot Split and Two-Unit Development standards (Sec. 41-2105 et seq.) December of 2021 in response to SB 9, also known as the California Housing Opportunity and More Efficiency (HOME) Act. The intent of the ordinance was to require all new units created through its provisions be deed restricted as affordable. Currently, Chapter 41 of the SAMC requires at least one unit created under the ordinance be deed restricted as affordable. The existing code does not explicitly state the required affordability level of the unit. Additionally, existing code lacks clarity on the total number of affordable units that are required when an urban lot split is proposed. Staff is proposing amending Section 41-2105 to clarify that any net new units created through the provisions of Division 2 or Division 3 of Article XX be made affordable at the following levels: rental products shall be made affordable to very low or low income households; for-sale products shall be made affordable to moderate income households. Lastly, staff is proposing to correct a typographical error related to front yard setbacks. The existing code states that at least a twenty-five (25) foot setback is required, when it should have read twenty (20), consistent with the Single Family (R1) zoning district standards.