Item 33 - Zoning Ordinance Amendment No. 2022-03: Updates to Chapter 41

Home Browse Search

ZOA No. 2022-03: Zoning Code Amendments and Updates January 17, 2023 Page 9 3 1 6 0 Noxious Uses In response to community concerns related to environmental pollution and the proximity of certain industrial uses in relation to homes, schools, and parks, the City adopted numerous environmental justice policies and actions in its General Plan to amend use regulations and development standards in the Zoning Code. A majority of the actions in the General Plan related to use, buffers, and development standards will be analyzed and addressed through the comprehensive Zoning Code Update. However, staff will continue to analyze and propose amendments concurrent with the work taking place to comprehensively update the Zoning Code in an effort to immediately address pressing matters. To that end, staff is proposing to create a new Section 41-199.4 (Noxious uses) to require a CUP for industrial uses that require a permit to handle, store, emit or discharge regulated compounds, materials, chemicals, or substances from a regional, state, or federal agency when located within 500 feet of a public park, school, or a property used or zoned for residential purposes. Additionally, staff proposes to create a new Section 41-683.6 (Discontinuance of nonconforming noxious use) to require these types of businesses that do not have a CUP and are nonconforming to comply with development standards and CUP requirements when a business changes ownership, requires a new Certificate of Occupancy, or is in violation of any applicable federal, state, or local regulation for a period of sixty (60) consecutive days, receives three noncompliant notices, or is in violation for a total of ninety (90) days in a one year period. As previously indicated, staff is reviewing the 500-foot separation from public parks, schools, or properties zoned or used for residential purposes as directed by the Council during the adoption of the urgency ordinance and will return at a future meeting with a recommendation regarding any further changes. Professional, Business, and Administrative Office; Counseling Services; Medical Offices Chapter 41 of the SAMC currently does not provide a definition for “professional, business, and administrative office,” and zoning districts where the use is permitted utilize inconsistent terminology. Staff is proposing to create a new Section 41-127.5 to define “professional, business, and administrative office” and to amend the uses permitted sections of various zoning districts where the use is permitted to utilize consistent terminology and provide clarity. Chapter 41 of the SAMC currently permits “counseling services” in the General Commercial (C2) zoning district subject to a CUP, but Chapter 41 does not provide a definition for the use. As such, businesses offering counseling services have attempted to operate in zoning districts where the use is not permitted under the impression that the use could be classified as a “professional, business, and administrative office” or a “medical office.” To provide clarity to prospective businesses, staff is proposing to create a new Section 41-44.6 to define “counseling services.” Chapter 41 of the SAMC currently does not provide a definition for “medical office,” and zoning districts where the use is permitted utilize inconsistent terminology. The lack of a definition and utilization of inconsistent terminology, staff spends an inordinate amount of time providing members of the public and prospective business operators clarification