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ZOA No. 2022-03: Zoning Code Amendments and Updates <br />January 17, 2023 <br />Page 8 <br />3 <br />1 <br />6 <br />0 <br />business to thrive, staff is proposing to amend Section 41-472 of the SAMC to permit <br />retail uses in the M1 zoning district on properties that front an arterial street. <br />Change of Use Parking Exceptions <br />In September of 2017, the City approved Ordinance No. NS-2923 amending Chapter 41 <br />of the SAMC to permit a change of use exception to allow the change of certain uses <br />within an existing building up to 2,500 square feet in size without the need to provide <br />additional parking and loading spaces. For example, a tenant space may change from <br />retail (five (5) parking spaces per 1,000 gross square feet) to a restaurant use (eight (8) <br />spaces per 1,000 gross square feet) without providing additional parking. The adopted <br />ordinance allowed more flexibility and facilitated the re-tenanting of commercial, <br />professional, and industrial centers by removing barriers to permit the change in use. <br />Staff is proposing amending Section 41-1309.1 of the SAMC to extend that flexibility <br />and facilitate the change of use in existing industrial centers that front arterial streets <br />from industrial uses to retail when the retail component is equal to or less than 50 <br />percent of the gross square footage of the tenant space. Changes in use that exceed <br />the proposed threshold would be required to provide the minimum off-street parking <br />required by Chapter 41 of the SAMC. <br />Trash Enclosures <br />In response to SB 1383, also known as the Short-lived Climate Pollutant Reduction Act <br />of 2016, and other changes to state law related to recycling and waste collection, the <br />City updated Article II (Solid Waste Collection Regulations) of Chapter 16 (Garbage, <br />Trash, and Weeds) of the SAMC April of 2022. Staff is proposing amending Section 41- <br />623 of the SAMC to update the trash bin enclosure and maintenance standards to <br />reflect and be consistent with the new regulations in Chapter 16. <br />Urban Lot Splits and Two-Unit Developments (SB 9) <br />The City adopted its Urban Lot Split and Two-Unit Development standards (Sec. 41-2105 <br />et seq.) December of 2021 in response to SB 9, also known as the California Housing <br />Opportunity and More Efficiency (HOME) Act. The intent of the ordinance was to require <br />all new units created through its provisions be deed restricted as affordable. Currently, <br />Chapter 41 of the SAMC requires at least one unit created under the ordinance be deed <br />restricted as affordable. The existing code does not explicitly state the required affordability <br />level of the unit. Additionally, existing code lacks clarity on the total number of affordable <br />units that are required when an urban lot split is proposed. Staff is proposing amending <br />Section 41-2105 to clarify that any net new units created through the provisions of Division <br />2 or Division 3 of Article XX be made affordable at the following levels: rental products <br />shall be made affordable to very low or low income households; for-sale products shall be <br />made affordable to moderate income households. Lastly, staff is proposing to correct a <br />typographical error related to front yard setbacks. The existing code states that at least a <br />twenty-five (25) foot setback is required, when it should have read twenty (20), consistent <br />with the Single Family (R1) zoning district standards.