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Item 33 - Zoning Ordinance Amendment No. 2022-03: Updates to Chapter 41
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Item 33 - Zoning Ordinance Amendment No. 2022-03: Updates to Chapter 41
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Agenda Packet
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Clerk of the Council
Item #
33
Date
1/17/2023
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<br />Ordinance No. NS-XXX <br />Page 5 of 54 <br /> <br />(a) Any use other than eating establishments listed in Section 41-472 or 41-472.5 of <br />this Chapter, regardless of the zoning district it is established or proposed to be <br />established in that requires a permit from a regional, state, or federal agency to <br />handle, store, emit or discharge regulated compounds, materials, chemicals, or <br />substances that is located within 500 linear feet of a public park, school (K-12) as <br />defined by Section 11362.768 of the Health and Safety Code, or property used or <br />zoned for residential purposes requires a conditional use permit. <br /> <br />(b) The 500 linear foot distance shall be measured from the outermost boundary of <br />the subject property to the closest point of any public park, school, or property used <br />or zoned for residential purposes. <br /> <br />(c) The property owner or business operator of a business regulated by subsection <br />(a) shall be responsible for notifying the City of any requirement to obtain a permit <br />from a regional, state, or federal agency. Notification to the City must be made <br />prior to obtaining any permit from a regional, state, or federal agency for the <br />business activities listed in subsection (a). <br /> <br />(d) A business regulated by this section shall be in compliance with all provisions <br />established by this Code and all applicable federal, state, or local regulations and <br />conditions established by regulating and permitting agencies. <br /> <br /> Section 13. Section 41-232 (Uses permitted in the R1 district) of Chapter 41 of <br />the SAMC is hereby amended to read as follows: <br /> <br />Sec. 41-232. - Uses permitted in the R1 district. <br /> <br />The following uses are permitted in the R1 district: <br /> <br />(a) One (1) one-family dwelling with six (6) or fewer bedrooms. <br /> <br />(b) Private greenhouses and horticultural collections for domestic noncommercial use, <br />flower and vegetable gardens, fruit trees and any agricultural crop. <br /> <br />(c) One (1) temporary real estate office devoted to the sale of real estate in the tract <br />in which it is located, which use shall be for a period of time not to exceed one (1) <br />year. <br /> <br />(d) Accessory buildings and structures, except as otherwise provided in section 41- <br />232.5. <br /> <br />(e) Child care facilities providing care to not more than fourteen (14) children, provided <br />that if the number of children exceeds eight (8), a land use certificate must be first <br />obtained pursuant to division 4 of article V of this chapter. Reserved. <br /> <br />(f) Adult day care facilities providing care to not more than six (6) adults. <br /> <br />Section 14. Section 41-247 (Uses permitted in the R-2 district) of Chapter 41 of <br />the SAMC is hereby amended to read as follows:
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