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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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ZOA No. 2022-03: Zoning Code Amendments and Updates <br />January 17, 2023 <br />Page 2 <br />3 <br />1 <br />6 <br />0 <br />Urgency Ordinance <br />At its regular meeting on December 20, 2022, the City Council approved an urgency <br />ordinance (ZOA No. 2022-07) amending various sections of Chapter 41 related to <br />noxious uses; medical offices operated by government, government-subsidized, not-for- <br />profit, or philanthropic entities; electric fences; and various use definitions. The <br />amendments approved under the urgency ordinance are also included in this ZOA, <br />should there be challenges related to the exigency posed by the threats to public health, <br />safety, or welfare that were demonstrated by the urgency ordinance. In addition, staff <br />has already begun evaluating the appropriate distances for expanding the buffer <br />between noxious uses and sensitive receptors beyond 500 feet as directed by the City <br />Council during the adoption of the urgency ordinance and will present a <br />recommendation to the City Council at a future meeting. <br />DISCUSSION <br />Various sections within Chapter 41 of the SAMC have been revised periodically over the <br />last several years to respond to changes in development and business practices, to adopt <br />new permitting procedures, and to comply with changes to state and federal laws. In a <br />continuing effort to comply with changes to state law, establish high-quality development <br />standards, create a user friendly environment for residents and the business community, <br />and to commence the work of enacting the various policies and actions set forth in the <br />General Plan, the Planning Division is proposing revisions to various sections of the <br />Zoning Code. <br />Table 1 below and on the following pages illustrates the existing and proposed regulations. <br />The amendments identified are the first of several amendments that will be made to the <br />Zoning Code leading up to the comprehensive update of the Zoning Code. The proposed <br />changes would apply citywide. <br />Table 1: ZOA No. 2022-03 Current and Proposed Text Regulations <br />Topic Existing Zoning Code Regulations Proposed Zoning Code Regulations <br />Family Daycare <br />Facilities <br />1. Definition for “Child Care Facility” <br />(Sec. 41-42.5). <br />2. Uses permitted in the Single-Family <br />Residence (R1) section (Sec. 41- <br />232) requires approval of a land <br />use certificate for a large family <br />daycare facility. <br />3. Child care facility permitted in the <br />Professional (P), Community <br />Commercial (C1), Community <br />Commercial—Museum District (C1- <br />MD), Arterial Commercial (C5), <br />Light Industrial (M1), and South <br />Main Street Commercial District (C- <br />SM). <br />1. Update definitions to conform to state <br />definition: Family daycare and <br />Daycare center, respectively. <br />2. Delete references to child care <br />facilities in various Zoning Code <br />sections in which residential uses are <br />permitted, and create a new section <br />(Sec. 41-192.6) allowing small and <br />large family daycare in residential <br />districts <br />3. Delete references to child care <br />facilities in various commercial and <br />industrial zoning district sections and <br />replace with new term “Daycare <br />center.” <br />Regional Planned <br />Sign Programs <br />Regional institutions such as hospitals <br />and institutions of higher learning do <br />not benefit from the sign regulation <br />Add definition for “regional institution,” <br />such as hospitals and institutions of <br />higher learning, to afford such uses the
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