HomeMy WebLinkAbout04-10-2018 Item 02 - Study Session on Zoning Regulations Update
Meeting Date: 4/10/2018
FROM: Michael Codron, Community Development Director
Prepared By: Doug Davidson, Deputy Director, Community Development
SUBJECT: STUDY SESSION – STATUS REPORT AND POLICY DIRECTION ON
ZONING REGULATIONS UPDATE
RECOMMENDATION
1. Receive a presentation on key milestones of the Zoning Regulations update; and
2. Provide policy direction regarding key issues, such as flexible density Downtown, parking
requirements, adequacy of alcohol outlet regulations, and tiny homes on wheels.
REPORT-IN-BRIEF
This report updates the Council and community on progress made updating the Zoning
Regulations, highlighting the public input process and project schedule. The report builds on this
progress and input, as well as the previous joint Council Study Session with the Planning
Commission (April 12, 2017), to seek direction from the Council on key issues, including
density, parking, housing types, and the development review process. The City’s alcohol
regulations, barriers to Accessory Dwelling Unit (ADU) construction, and potential standards for
rooftop uses are also pinpointed for direction.
Background
Beginning February 2017, the City started work with its consultant (MIG, Inc.) to
comprehensively update the City’s Zoning Regulations (Title 17 of the Municipal Code). As
discussed at the City Council/Planning Commission joint study session on April 12, 2017, the
Zoning Regulations are an important tool to achieve General Plan policy objectives. For
example, the Zoning Regulations includes standards for parking management and bicycle and
pedestrian accommodation in private development projects. The City’s General Plan seeks to
accomplish a 20% transportation mode shift away from single-occupant vehicle trips and
towards bike, pedestrian, and transit trips. New standards for parking, and bicycle and pedestrian
accommodations, are proposed to help implement this policy objective.
The purpose of this study session is to update the City Council on the progress and to receive
policy direction on selected key issues, with the goal of bringing the updated Zoning Regulations
to the Council for consideration on August 21, 2018 (with a public workshop on May 3rd and
three Planning Commission hearings scheduled for June). The study session will be organized
into three categories as follows:
Public Input Process
During the study session, staff will report on:
1) Stakeholder and resident interviews (available on the City’s website, see link below)
2) Input received during the June 3, 2017 community workshop (available on the City’s
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website)
3) Information presented to the Planning Commission at regularly scheduled meetings that
began in in August 2017
4) Coordination among various City departments and with the County Airport staff in
preparation for the Airport Land Use Commission (ALUC) hearing(s)
The stakeholder and resident interview summary, and the community workshop summary are
available on the City website: http://www.slocity.org/government/department-
directory/community-development/planning-zoning/zoning/zoning-regulations-update
Summary Updates
During the study session, staff will describe the following key improvements and updates for the
Zoning Regulations:
1) Re-organization of the document
2) Table 9 (Uses Allowed) and Land Use Definitions
3) Neighborhood compatibility and edge conditions1
4) State Housing Legislation
Topics Requiring Discussion and Policy Direction
During the update effort, City staff and the consultants have identified eight issues that require
policy direction from the Council. This report includes additional information on each of the
following topics:
1) Evaluate how density is calculated and consider changes to implement LUCE objectives
2) Encourage flexible density in Downtown
3) Consider regulation of rooftop uses
4) Review adequacy of the City’s alcohol outlet regulations
5) Consider tiny homes on wheels
6) Remove barriers to the construction of accessory dwelling units (ADUs)
7) Consolidate and streamline the development review process
8) Update the parking regulations to reflect modern practices and mode shift objectives
PUBLIC INPUT PROCESS
To date, the process of updating the Zoning Regulations has involved interviews with
community members; the April 12, 2017 joint study session; a community workshop on June 3,
2017; regular updates with the Planning Commission; internal interaction among City
departments; and weekly phone calls with the MIG team. As of mid-March 2018, the draft
revised Zoning Regulations were approximately 75 percent complete, and Planning staff is
reviewing preliminary drafts of various chapters with the Planning Commission.
Stakeholder Interviews
As reported at the April 12, 2017 joint study session, in February and March of 2017, City staff
1 Transitions between uses: from lower to higher density residential uses, and from nonresidential to
residential uses.
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interviewed more than 50 community members in both group and one -on-one sessions. The
group interviews were invitation events, with the groups consisting of neighborhoods,
developers, technology businesses, realtors, and homeowner associations. City staff also invited
anyone in the community to sign up for individual interviews at the Community Development
Department. Notification of the interview opportunity was posted on the City’s website, and
News Items of participation opportunities were also highlighted on the website. Approximately
35 individuals participated in the individual interviews. The summary report of the interviews
was previously provided to the Council for the April 12, 2017 study session.
Community Workshop
On June 3, 2017, the City hosted a community workshop to encourage residents and the business
community to share their ideas about ways to implement the new Land Use and Circulation
Element through zoning standards and to improve entitlement processes. The workshop was held
at the City-County Library. The format was an open house, whereby people could stop by any
time between 10:00 a.m. and 2:00 p.m. The open house also included a special presentation on
tiny homes. Approximately 73 community members attended and provided input. Participants
were asked to provide comments on:
1) Single-family Neighborhoods: Accessory Dwelling Units (ADUs), tiny homes, and
parking
2) Multi-family Development: Acceptable densities and appropriate transitions between
multi-family and single-family housing
3) Downtown SLO: Bike parking, motor vehicle parking, and residential development
4) Citywide land use regulations
5) Potential cannabis regulations
Planning Commission Updates
Beginning in August 2017, City staff started a regular standing item on every Planning
Commission agenda to introduce issues and articles for preliminary discussion, direction, and to
receive public comment. The following items have been reviewed at the Planning Commission:
1) August 23, 2017 Land Use Table 9 and Land Use Definitions
2) September 13, 2017 Outline of Updated Zoning Regulations
3) October 25, 2017 White Paper: Transitions Between Land Uses and Parking
Requirements (Zoning Regulations Table 6)
4) December 20, 2017 White Paper: Case Studies in Local Adult-Use and Medical
Marijuana Regulations, Schedule, and Director’s Action and
Use Permit Requirements
5) January 10, 2018 Preliminary review to revise Ordinance 1130 (Properties
along San Luis Creek between Monterey Street and San
Luis Drive) and the “S” Overlay Zone in general
6) January 24, 2018 Review of preliminary drafts of Articles 1 (Enactment,
Applicability, and Enforcement), Article 5
(Nonconformities), and Article 8 (Housing -Related
Regulations)
7) February 28, 2018 White Paper: Flexible Density Downtown, preliminary draft
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of Article 2 (Zones, Allowable Uses, and Development and
Design Standards), and Article 4 (Specific Land Uses and
Activities)
8) March 28, 2018 Continued discussion of Article 2 (Zones, Allowable Uses,
and Development and Design Standards).
Internal and External Coordination
Updating the Zoning Regulations is a comprehensive effort addressing broad-based community
issues. To ensure that all ideas are reflected and addressed, Planning staff has interacted with
Transportation staff, the Bicycle Advisory Committee, Developer’s Roundtable, and County
Airport Land Use Commission staff. Interaction and consultation will continue as the updated
Zoning Regulations are drafted.
SUMMARY UPDATES
Updated Organization
The primary purpose of the Zoning Regulations Update is to implement the 2014 Land Use and
Circulation Element and to reflect current best practices. This comprehensive process also
offered the opportunity to reorganize the Zoning Regulations for ease of use by the public and
City staff, and to streamline administration. Thus, the structure of the Zoning Regulations has
been reorganized and modernized in a manner that will make the code easier to use, administer
and maintain. Attachment A outlines the new general structure.
Updated Table 9
Table 9 (Uses Allowed) is a critical component of the Zoning Regulations. Through the
stakeholder interview process and based on City staff’s daily use of the regulations, many vexing
issues were identified regarding how land uses are regulated. Thus, Table 9 has been extensively
revised to reflect modern land use practices, to consolidate land uses (for example, collapsing
seven office uses into two), and to identify how the City will regulate uses to encourage
economic development and land use compatibility. As a companion piece, the definitions chapter
of the Zoning Regulations has been comprehensively revised for consideration.
Neighborhood Compatibility and Edge Conditions
LUCE policy 2.13 states: “The City will consider new regulations for Low-Density and Medium-
Density Residential areas to require special review for: 1) incompatibly large houses, 2)
replacement or infill houses in existing neighborhoods, and 3) accessory buildings with
plumbing facilities to allow easy conversion to illegal second dwellings. The City will
periodically update Community Design Guidelines for larger homes, infill housing, and
accessory single-story buildings.”
To implement this policy, the updated Zoning Regulations will include standards to address
larger homes and transition issues (edge conditions) between lower-scale and higher-scale
development. Suggested provisions include upper story step-backs for edge conditions and
floor-area ratio standards in single-unit residential zones. These provisions will reflect
recommendations in the Neighborhood Compatibility Report (attachment to the Transitions
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Between Uses White Paper) which came out of two community workshops and Architectural
Review and Planning Commission 2016 study sessions.
With regard to the topic of accessory buildings as housing in LUCE policy 2.13, recent State law
now encourages and facilitates accessory dwelling units (ADUs) in R-1 zones. The City has
amended its ADU regulations to comply with State law, which may make it easier for residents
to convert accessory buildings into legal ADUs. Through the public engagement activities as part
of the Zoning Regulations update, City staff noted increased community acceptance of ADUs,
including so-called tiny homes. (See the discussion below regarding tiny homes and removing
barriers to ADU construction.)
State Housing Legislation
On September 29, 2017, Governor Brown signed 15 bills to provide more resources for
affordable housing and “streamlining” approvals of housing projects. There are three main bills
that affect processing of housing applications: Streamlining review of housing projects (SB 35),
three bills grouped together to change the Housing Accountability Act (AB 678/SB 167; AB
1515), and “no net loss” on Housing Element sites suitable for lower income housing (SB 166).
The Zoning Regulations Update will reflect the State housing legislation.
TOPICS REQUIRING DISCUSSION AND POLICY DIRECTION
Changing How Density Is Calculated
Currently, City regulations regarding how density is calculated is unique among most
jurisdictions in California; most cities, for density purposes, define a density unit as a dwelling
no matter how many bedrooms are provided in a dwelling. In San Luis Obispo, the Zoning
Regulations state:
"Density" is the number of dwellings per net acre, measured in density units. In the AG,
C/OS, and R-1 zones, each single-family dwelling counts as one density unit. In the other
zones, different size dwellings have density unit values as follows:
a. Studio apartment (450 sq. ft. max), 0.50 unit;
b. One-bedroom dwelling (1,000 sq. ft. max), 0.66 unit;
c. Two-bedroom dwelling, 1.00 unit;
d. Three-bedroom dwelling, 1.50 units;
e. Dwelling with four or more bedrooms, 2.00 units.”
For example, a 10,000 sq. ft. lot in the R-2 zone would be calculated for density as follows:
10,000 divided by 43,560 = .23 acres
.23 X 12 density units allowed in the R-2 zone = 2.76
Any combination of dwelling types and numbers may be developed as long as their
combined density does not exceed the maximum potential. So, 2.76 would allow for
several options, among them:
Two two-bedroom units (2.00) + one one-bedroom unit (0.66) = 2.66; or
One two-bedroom unit (1.00) + one three-bedroom unit (1.50) = 2.50; or
Four one-bedroom units (0.66) = 2.64.
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This approach to regulating density penalizes larger units, resulting in lower density yields, and
rewards smaller units allowing higher unit yield when studio and one-bedroom units are
provided2.
The LUCE contains policies to consider revising development standards to meet student housing
preferences in multiple-family zones near Cal Poly and to evaluate alternatives to the current
maximum densities allowed in residential zones3.
Staff proposes revising the City’s bedroom density-based approach to move towards establishing
minimum density unit counts in multiple family zones. This approach would allow at least two
units (a unit being defined as one two-bedroom unit) in a R-2 zone regardless of the lot size, and
likewise for R-3 and R-4 lots (a minimum of 3 and 4 units, respectively.) This will correct the
current situation where a R-2 property cannot reach the same density as a R-1 property (a three-
bedroom home may not be allowed on a small R-2 property, while it is allowed by right in the R-
1 zone).
Staff is also proposing that the studio apartment dwelling definition be eliminated and included
in the one-bedroom definition. One-bedroom units under 600 sq. ft. would count as 0.50 density
unit (up from the current 450 sq. ft. for studios); one-bedroom units between 600 – 1,000 square
feet would continue to count as 0.66 density units. The following discussion on downtown
density also includes a 600 sq. ft. threshold to encourage construction of smaller units4.
Policy Direction: Staff is seeking direction from the Council to revise the density calculations as
discussed above for simplification and to continue encouraging smaller housing units.
Flexible Density Downtown and Implementation of a Downtown Overlay Zone for Upper
Monterey
The LUCE also calls for allowing efficiency units and flexible density downtown5. As noted
above, the City’s current approach to calculating density somewhat responds to goals for more
housing in Downtown—and more affordable housing options—by allowing units with fewer
than two bedrooms to count for partial units for density purposes. Staff recommends expanding
this concept to encourage smaller units by eliminating density requirements altogether in the
downtown for units under a certain size threshold, such as 600 square feet. In these cases,
height, setback, parking, and massing regulations, along with the Community Design Guidelines
would guide development in the downtown6.
2 Housing Element Program 6.10. To help meet the Quantified Objectives, the City will support residential infill
development and promote higher residential density where appropriate.
3 LUE 2.15. Residential Densities. The City will evaluate alternatives to the current maximum number of dwelling
units per acre (based on bedroom count) and height, parking, and setback standards, to regulate residential
building intensity, and bulk and mass. Floor area limits will be considered.
4 Housing Element Program 6.8. Consistent with the City’s goal to stimulate higher density infill where
appropriate in the Downtown Core (C-D Zone), the City shall consider changes to the Zoning Regulations that
would allow for the development of smaller apartments and efficiency units.
5 LUE 4.28. Allowing Efficiency Units and Variable Density in Downtown. The City shall modify zoning
regulations to allow efficiency units and variable density in the Downtown Core.
6 LUE 2.12. Downtown Residential Development. The City shall adopt special development standards to guide
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As part of the Downtown discussion, staff is also proposing to apply downtown development
standards to the Upper Monterey Street corridor (up to the railroad trestle at Pepper Street) to
facilitate development in the interim period while developing the full Upper Monterey Area Plan
as called for in LUCE Program 8.2.2 (the area along Monterey from Santa Rosa to Pepper Street
is in the Downtown Core of the LUCE, while the Specific Planning Area for Upper Monterey
extends all the way to Loomis Street near the Highway 101 on-ramp). Applicants could choose
to take advantage of the downtown standards for more intensive development with defined
criteria and approval from the Planning Commission.
Policy Direction: Staff is seeking direction from the Council to allow flexible density downtown
by removing density limits from smaller (600 sq. ft.) units. This would also include applying the
downtown development standards to the Upper Monterey corridor (to the trestle) and bringing
back the corresponding Ordinance Overlay Zone map as part of this Zoning Regulations Update.
Regulation of Rooftop Uses
During public engagement activities, staff heard that many businesses/developers are interested
in the City allowing rooftop activities, particularly in Downtown. Rooftop decks can provide
amenities, views, and improved quality of life. Other public comments noted privacy and noise
concerns with rooftop decks in proximity to residential uses. Rooftop activities can be relatively
passive, such as outdoor casual open space for residential development, or more intense, such as
expanded commercial businesses activities, particularly for bars and entertainment uses7.
Policy Direction: Staff is seeking direction from the Council to regulate rooftop uses by
establishing setbacks, hours, size limits, and other standards to balance the use and enjo yment of
rooftop uses with the privacy of neighboring residences.
Alcohol Outlet Regulations
Regulation of alcohol outlets, and particularly avoiding over -concentration of such business in
Downtown, has been a continuing community issue. The City Council Memorandum on the
effectiveness of the 2012 Alcohol Outlet Amendments has been provided on March 15, 2018 to
inform the Council of current trends and regulations associated with alcohol outlets downtown
that have been enacted to prevent restaurants from transforming, or “morphing,” into bars late in
the evening. A use permit approval is required for restaurants serving alcohol after 11:00 p.m.
The comprehensive 2012 Amendments also included a Deemed Approved Ordinance for
existing alcohol outlets and enhanced standard conditions of approval for late night alcohol and
night club use permits.
addition of dwellings within Downtown residential areas (Figure 4), to implement Policy 2.8. The following should
be included when evaluating new standards for this area: A. Requirements that new dwellings on lots with existing
houses be above or behind the existing houses, and that the added building area be modestly sized and of similar
architecture in comparison with the principal residences on the site and in the surrounding area; B. Requiring new
buildings to reflect the mass and spacing of existing, nearby buildings; C. Requiring special parking and coverage
standards; D. Requiring minimum amounts of usable open space.
7 LUE 4.17. New Buildings and Views. Downtown development nearby publicly-owned gathering places shall
respect views of the hills. In other locations Downtown, views will be provided parallel to the street right-of-way, at
intersections where building separation naturally makes more views available, and at upper -level viewing decks.
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A City approved PCN (Public, Convenience, and Necessity) is required by the Alcoholic
Beverage Control Department (ABC) for new bars in an overconcentrated area for alcohol
licenses, such as downtown San Luis Obispo. (Note: Under ABC law, a City approved PCN is
required for new bars, not restaurants serving alcohol which are allowed by right in the
Downtown Commercial District until 11:00 p.m.) The use permit process for bars, night clubs,
and late-night restaurants serving alcohol requires a finding that the alcohol outlet use will not be
detrimental to the health, safety, or welfare of persons working or living at the site or within the
vicinity. To more fully implement Policy 4.328, the amended Zoning Regulations will include
specific criteria for use permits by incorporating the late-night alcohol standard conditions of
approval (developed during the Alcohol Outlet Amendments process) into the Ordinance.
Policy Direction: Staff is seeking direction from the Council on whether current practices and the
incorporation of conditions of approval as standards are adequate to address safety concerns
downtown, or if additional regulations should be explored to address specific impacts.
Tiny Homes
At the June 3, 2017 community workshop, tiny homes were presented as an emerging housing
idea, both as accessory dwelling units and as homes on wheels. Current ADU regulations allow
smaller homes on permanent foundations accessory to primary dwellings. Thus, tiny homes as
ADUs can easily be addressed.
Tiny homes on wheels are considered Recreational Vehicles (RV) according to the California
Department of Housing and Community Development (HCD) and regulated as motor vehicles b y
the State Department of Motor Vehicles. They are intended as temporary living quarters for
recreational or seasonal use only, and not as a year-round or permanent dwelling. The City
limits the parking of RVs in residential zones to a period no longer than 7 days on private
property and 72 hours within the public right-of-way.
The California Health Safety Code (HSC) defines an RV park or mobile home park as two or
more units rented or leased, Section 18862.39. Unless otherwise allowed by a local ordinance,
RV’s generally may be occupied only in mobile home parks or special occupancy parks
governed by the Mobilehome Parks Act (MPA), HSC Sections 18200, or the Special Occupancy
Parks Act (SOPA), HSC Sections 18860. HCD is the responsible enforcement authority for
ensuring compliance with statutory construction and maintenance code requirements for any
property containing two or more RV’s that meet the definition under MPA or SOPA, within the
City of San Luis Obispo.
In response to community and Council interest in allowing tiny homes in the City, staff has
focused on how existing regulations might be revised to accommodate tiny homes on wheels in
backyards of single-family homes (since tiny homes as ADUs are already sufficiently
addressed). The critical issues for tiny homes on wheels revolve around how to address basic
health and public safety considerations: sewage connections/disposal, electric power/natural gas
provision, and potable water. Other important factors to consider is that these units are not
constructed in a way that is intended to serve as permanent habitation.
8 LUE 4.32 Use Permit Requirements. The City shall incorporate into its zoning regulations specific criteria for
evaluating use permits for bars/taverns, night clubs and late night drinking establishments.
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Various City Departments including Fire, Utilities, Building, and Planning evaluated the scenario
to provide a tiny home on wheels in the backyard of a residential property, acces sory to an
existing single-family residence. A common perception of utility service to tiny homes is using
the backyard hose for water, an extension cord for electricity, and a RV-like sewer lateral
hookup. Staff identified the following risks associated with the bare minimum service
connections (water, sewer, electricity):
1) Risks imposed to the water distribution system by having a mobile unit connect to a
water service line (garden hose) since the connection is not hard piped like a slab on
grade foundation.
2) Risks to the wastewater collections system are presented from the mobile unit potentially
introducing inflow or infiltration through the pipe joints or defective clean out covers.
3) California Fire Code Section 605.5 states: Extension cords and flexible cords shall not be
a substitute for permanent wiring. Extension cords and flexible cords shall not be affixed
to structures, nor shall such cords be subject to environmental damage or physical impact.
Therefore, staff recommends incorporating the following requirements when considering
implementation of any new regulations associated with tiny homes on wheels:
1) Water: A backflow preventer is recommended to protect the public water main and the
existing residential unit. If a water leak occurs within the mobile unit, the backflow
preventer would reduce the risk of having contaminated water flow back into the City’s
water distribution system.
2) Wastewater: Pipe materials that have elastic properties and that can be heat -fused similar
to HDPE pipe are recommended to reduce the risk for inflow and infiltration. The hard
connection with heat-fused materials will ensure a water tight system that can prevent
root instruction and infiltration.
3) Electricity: Building permit to establish permanent wiring to provide electric services to
an affixed location where the tiny home is to be located.
Policy Direction: Staff is seeking direction from the Council on whether to incorporate an
opportunity for tiny homes on wheels as part of the Zoning Regulations Update. The following
potential requirements would be explored if Council provides such direction:
1) Revised definitions and regulations associated with RVs.
2) Zones at which these uses could be considered allowed or conditionally allowed.
3) Building permit requirements to establish appropriate and safe connections to utilities as
discussed above.
4) Operational requirements including but not limited to; owner occupancy, licensing
agreement, annual inspections, time limits, vehicle registration, size limitations, locations
on site, and/or design compatibility.
5) Other applicable standards to address Health and Safety, such as location, setbacks,
screening, seismic, etc.
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Removing Barriers to the Construction of Accessory Dwelling units (ADUs)
With adoption of the updated ADU ordinance in 2017, new regulations dictated by State law
have eased the ability of property owners to construct ADUs. Key provisions included
eliminating the requirement for parking and allowing existing garages to be converted to ADUs
without replacement of the garage for the primary unit. Another key provision was a prohibition
on requiring fire sprinklers for the ADU if the primary unit on the property doesn’t have fire
sprinklers. Furthermore, the City has reduced the development impact fees for ADUs and is
allowing a single water meter on R-1 properties with an ADU. These measures have
significantly reduced the cost of construction for ADUs. However, the ADU regulations could be
relaxed a bit more to facilitate their construction.
Policy Direction: Staff is seeking Council direction to remove barriers to ADU construction by
exploring the following methods:
1) Explore options to reduce the extent of required frontage improvements triggered by
ADUs – curb, gutter, sidewalks, and ADA driveway upgrades
2) Continue the ongoing program to improve the development review process and consider
adjusting the permit fees to further facilitate construction of ADUs.
Efficient Development Review Process
A recurrent theme heard during the stakeholder interviews (and discussed at the April 12, 2017
joint study session) was that the City’s permitting and appeal regulations can be confusing and
repetitive. City staff proposes to simplify and streamline administrative review provisions (that
is, the processes for applicants to have their applications considered and the interested public to
weigh in). Staff proposes to consolidate the multitude of current review processes into three
processes for project review (which will be indicated for specific land uses in updated Table 9):
1) Director’s Action – An administrative (staff-level) process that includes a legal ad and
posting of the property, but no public hearing, unless the Director determines it is
warranted (currently referred to as several different terms).
2) Minor Use Permit – Action at the Director level but includes a public hearing (Director
hearing) and notice to surrounding property owners (currently referred to as
Administrative Use Permit).
3) Conditional Use Permit – Planning Commission action involving public notice and
hearing (currently referred to as Planning Commission Use Permit).
Another major component of the update is simplifying the development review process. Staff is
proposing changes to the role of the Architectural Review Commission (ARC) that will allow the
Commission to focus on architecture and design. The role of the Commission would be to
engage with applicants, City staff, and the public early in the application review period. The
Commission’s review would be focused solely on a project’s adherence to the Community
Design Guidelines, and their decisions would go forward in the form of a recommendation to the
Planning Commission or Community Development Director, depending on the project. The
process improvements anticipated are expected to increase review ef ficiency by reducing the
number of multiple discretionary decisions for a single project. Staff is seeking feedback from
the City Council on the general concept, and will engage the public, the Planning Commission,
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and the ARC on the details before finalizing recommendations.
The Community Design Guidelines (CDG) outlines the three levels of architectural review:
aesthetically insignificant, minor and incidental architectural review, and ARC review. The
CDG and Municipal Code Chapter 2.48 (Architectural Review) will need to be updated to reflect
process changes as discussed above or other identified strategies to simplify and clarify the
process. One idea to further define the level of appropriate review for a project is to establish a
certain development threshold to warrant review by the Planning Commission. In other words, if
a project exceeds, say 10,000 sq. ft. or 4 units, then it would trigger the higher level of Planning
Commission review, see Tier II level below. The Planning Commission would receive a
recommendation from the ARC, this action would be appealable to the City Council, see Figure
1.
The benefit of the LUCE is that it provides the parameters and land use policy direction for
development in the City. A streamlined process to implement the LUCE will enable the City to
achieve its housing, transportation, and other land use goals within a shorter time frame and less
process confusion for applicants, residents, and stakeholders.
Policy Direction: Staff is seeking direction from the Council to consolidate and streamline the
review process for more simplicity, as outlined above.
Parking Requirements to Achieve Multi-Modal Objectives
A key goal of this update effort is to implement the LUCE’s mobility mode shift objectives.
This means that parking for cars and bikes should reflect reduced dependency on single-
occupancy vehicle trips and better accommodate bike parking. City Transportation staff has
indicated that current parking regulations do not reflect modern practices and can be adjusted,
however, planning for driverless vehicles may be premature (and thus will not be addressed in
this current update). Staff has made preliminary recommendations for updating car parking
Figure 1: Draft recommendation to development review process.
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requirements that will be incorporated into the draft updated Zoning Regulations for
consideration (largely simplifying and reducing car parking requirements).
Based on comments heard from staff and the Resident and Stakeholder interviews, as well as the
Open House on June 3, 2017, Table 6 Parking Requirements need to be simplified to clearly
reflect adequate parking needs. The existing parking requirements can be difficult to calculate
when parking requirements vary based on use of space within a single business. Where possible,
parking requirements should be based on gross floor area rather than a breakdown of the use of
the space. This change would simplify the restaurant parking requirement, among others.
Discussions with the Bicycle Advisory Committee have resulted in forward-thinking
recommendations regarding bicycle parking, such as:
1) Identifying a threshold for development projects that are nonconforming to comply to
new standards (i.e., tenant improvement plans, new construction, additions, replacing
uses, etc.)
2) Providing bicycle parking requirements more prominently in the Zoning Regulations
3) Providing a purpose and intent statement that reflects the multimodal objective of the
Circulation Element describing 20% of all trips for bicycles
4) Describing where locations of bicycle parking facilities are appropriate or refer to
existing requirements in other sections of Municipal Code
5) Including a statement that provides the Director the ability to require more bicycle
parking than otherwise required
6) Including statements establishing minimum thresholds for short-term and long-term
bicycle parking, with long-term being the absolute minimum per the building code and
flexibility provided for the developer to provide an appropriate ratio of long-term versus
short-term as the market may demand
7) Consolidating land uses into categories that provide for specific parking ratios
8) Acknowledging that Downtown is unique in demand for bicycle parking, and providing
consideration of future programs for public/privately funded bicycle corrals
9) Addressing bicycle valet parking for temporary uses and special events
An important aspect of Table 6 includes the ability for applicants to request parking reductions.
Parking reductions are available for projects which meet specific requirements and may be
combined with other reductions. Currently, the Zoning Regulations contain six different possible
parking reductions each with different criteria and percentages of reductions. Alternatively, the
City may consider requiring each request for a parking reduction to submit a parking st udy
specific to their site and use. This would result in more specific information and better decision
making by determining the actual effects of a parking reduction. Under this approach, the City
would do away with the six parking reductions of certain percentages and rely on the parking
study to recommend the proper type and percentage of parking reduction. While preparing the
parking study could involve a professional, traffic information is widely available in the industry
and these parking studies would typically be 2-3 pages; not the technical and lengthy traffic
reports associated with larger projects. Parking reductions for small projects and changes in use
in existing buildings could be approved by a Director’s Action while parking reductions for
projects requiring a use permit would be reviewed by the decision-making body.
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The basic approach to adjusting the parking standards is to use the Institute of Transportation
Engineers (ITE) demand as a base for establishing parking requirements. The IT E parking
requirements would be a guide to assist in determining appropriate parking requirements
consistent with other communities. Generally speaking, the City’s parking requirements are
higher (requiring more spaces) than the ITE standards. Adjusting the City’s parking
requirements to be more in line with the ITE standards could reduce the number and extent of
requested parking reductions.
Policy Direction: Staff is seeking direction from Council on whether parking requirements
should be adjusted to reflect the City’s multi-modal objectives in conjunction with revised and
modified parking reduction standards. These would include reducing the parking requirements to
be more consistent with ITE standards, lowering the level of review for parking reductions, and
relying on project-specific parking studies to determine the proper type and percentage of the
reduction.
ENVIRONMENTAL REVIEW
As this is a study session with no direction or action to be provided, environmental review is not
required at this time. The required level of environmental review will be prepared to support
Council’s adoption of revised zoning regulations.
FISCAL IMPACT
As this is a study session with no direction or action to be provided, no fiscal impact will occur.
FOCUS QUESTIONS FOR STUDY SESSION
Focus Questions for Study Session
Yes No
1. Revise the density calculations as discussed for simplification and to continue
encouraging smaller housing units?
2.
Allow flexible density downtown by removing density limits from s maller (600 sq. ft.)
units? This would also include applying the downtown development standards to the
Upper Monterey corridor (to the trestle) and bringing back the corresponding
Ordinance Overlay Zone map as part of this Zoning Regulations Update.
3.
Regulate rooftop uses by establishing setbacks, hours, size limits, and other standards
to balance the use and enjoyment of rooftop uses with the privacy of residential
settings?
4. Whether current alcohol outlet practices and the incorporation of conditions of
approval as standards are adequate to address safety concerns downtown?
5. Whether to incorporate an opportunity for tiny homes on wheels as part of the Zoning
Regulations Update?
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6. Remove specific barriers to ADU construction? Frontage improvements and/or impact
fees?
7. Consolidate and streamline the review process for more simplicity, as outlined in the
report?
8.
Whether parking requirements should be adjusted to reflect the City’s multi -modal
objectives in conjunction with revised and modified parking reduction standards?
These would include reducing the parking requirements to be more consistent with
ITE standards, lowering the level of review for parking reductions, and relying on
project-specific parking studies to determine the proper type and percentage of the
reduction.
Attachments:
a - Zoning Regulations Outline
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October 23, 2017
TO: Doug Davidson, Deputy Director of Community Development, Development Review
Kyle Bell, Associate Planner
City of San Luis Obispo
FROM: MIG Consultant Team
RE: Final Updated Zoning Regulations Outline
Below we present the outline for the reorganization of Title 17 (Zoning Regulations) of the San Luis
Obispo Municipal Code. This builds on the August 4, 2017 outline memo by incorporating revisions from
the public and Planning Commission at the September 13, 2017 Planning Commission study session ,
plus staff’s comments from September 14, 2017.
As we noted previously, this outline serves as a guide to the reorganization . Once we have reorganized,
we will use track changes to show amendments to regulations.
Article 1: Enactment, Applicability, and Enforcement
New (and Notes) Existing (and Notes)
CHAPTER 17.02. PURPOSE AND APPLICABILITY OF THE ZONING REGULATIONS
17.020.010 – Title 17.020.010 – Title
17.020.020 – Purpose and Authority 17.020.020 – Purpose
17.020.030 – General Requirements 17.020.030 – General Requirements
17.020.040– Relationship to Prior Ordinances and
Other Codes
New
17.020.050 – General Plan Consistency –
Regulations Interpretation and Application
17.020.050 – General Plan Consistency –
Regulations Interpretation and Application
17.02.060 – Relationship to California
Environmental Quality Act
Explains how processes are affected by CEQA
review.
New
17.02.070 – Relationship to Design Guidelines New
17.02.080 – Relationship to Specific Plans New
17.02.090 – Prior Rights and Violations New
17.02.100 – Limitations on Use New
17.02.110 – Severability, Partial Invalidation of the
Zoning Regulations
New
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Article 1: Enactment, Applicability, and Enforcement
New (and Notes) Existing (and Notes)
17.02.120 - Enforcement Chapter 17.72: Enforcement
CHAPTER 17.04. INTERPRETATION OF THE ZONING REGULATIONS
17.04.010 – Rules of Interpretation 17.020.040 - Interpretations
17.04.020 – Procedures for Interpretation 17.020.040 - Interpretations
17.04.030 – Uses Not Classified
This provides greater clarity on how the Director
deals with unclassified uses and formalizes a
process for recording interpretations.
New
17.04.050 – Text Takes Precedence over Graphics New
CHAPTER 17.06. ZONES ESTABLISHED AND ZONING MAP
17.06.010 – Purpose New
17.06.020 – Designation of Zones 17.060.010 – Designation of Zones
17.06.030 – Official Zoning Map 17.06.020 – Areas within the City to Be
Designated within a Zone District – Zoning Map
to be Part of these Regulations
17.06.040 – Uncertainty of Boundaries New
17.06.050 – Classification of Annexed Lands and
Unclassified Property 17.70.050 – Annexation and Prezoning
Article 2: Zones, Allowable Uses, and Development and Design Standards
New (and Notes) Existing (and Notes)
CHAPTER 17.10. USE REGULATIONS
17.10.010 – Use Regulations
This section will include current Table 9 (which may
have a new number).
Will include provisions for prohibited uses in current
17.22, elsewhere in the Zoning Regulations, and as
directed by City staff
Regarding the current Table 9 notes, we will look to
relocate the notes to the chapters addressing
specific zones and we will include a cross reference
in the “Specific Use Regulations” in Table 9.
17.22 Use Regulation (Table 9 and introductory
text)
17.08.070 – Mineral Extraction
Chapter 17.92: Onshore Support Facilities
CHAPTER 17.12. AGRICULTURAL (AG) ZONE
17.12.010 – Purpose and Application 17.33.010 – Purpose and Application
17.12.020 – Development Standards 17.33.020 – Property Development Standards
CHAPTER 17.14. CONSERVATION/OPEN SPACE (C/OS) ZONE
17.14.010 – Purpose and Application 17.32.010 – Purpose and Application
17.14.020 – Development Standards 17.32.020 – Property Development Standards
CHAPTER 17.16. LOW-DENSITY RESIDENTIAL (R-1) ZONE
17.16.010 – Purpose and Application 17.24.010 – Purpose and Application
17.16.020 – Development Standards 17.24.020 – Property Development Standards
17.16.040 – Recreational Vehicle Parking
17.16.050 – Manufactured Housing
17.16.060 – Guest Quarters 17.21.020 – Guest Quarters
17.16.070 – Accessory Dwelling Units 17.21.010 – Accessory Dwelling Units
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Article 2: Zones, Allowable Uses, and Development and Design Standards
New (and Notes) Existing (and Notes)
CHAPTER 17.18. MEDIUM-DENSITY RESIDENTIAL (R-2) ZONE
17.18.010 – Purpose and Application 17.26.010 – Purpose and Application
17.18.020 – Development Standards 17.26.020 – Property Development Standards
17.18.030 – Recreational Vehicle Parking
CHAPTER 17.20. MEDIUM-HIGH DENSITY RESIDENTIAL (R-3) ZONE
17.20.010 – Purpose and Application 17.28.010 – Purpose and Application
17.20.020 – Development Standards 17.28.020 – Property Development Standards
17.20.030 – Recreational Vehicle Parking
CHAPTER 17.22. HIGH-DENSITY RESIDENTIAL (R-4) ZONE
17.22.010 – Purpose and Application 17.30.010 – Purpose and Application
17.22.020 – Development Standards 17.30.020 – Property Development Standards
17.22.030 – Recreational Vehicle Parking
CHAPTER 17.24. OFFICE (O) ZONE
17.24.010 – Purpose and Application 17.34.010 – Purpose and Application
17.24.020 – Development Standards 17.34.020 – Property Development Standards
CHAPTER 17.26. COMMERCIAL-NEIGHBORHOOD (C-N) ZONE
17.26.010 – Purpose and Application 17.38.010 – Purpose and Application
17.26.020 – Development Standards 17.38.020 – Property Development Standards
CHAPTER 17.28. COMMERCIAL-RETAIL (C-R) ZONE
17.28.010 – Purpose and Application 17.40.010 – Purpose and Application
17.28.020 – Development Standards 17.40.020 – Property Development Standards
CHAPTER 17.30. COMMERCIAL-COMMUNITY (C-C) ZONE
17.30.010 – Purpose and Application 17.41.010 – Purpose and Application
17.30.020 – Development Standards 17.41.020 – Property Development Standards
CHAPTER 17.32. COMMERCIAL-DOWNTOWN (C-D) ZONE
17.32.010 – Purpose and Application 17.42.010 – Purpose and Application
17.32.020 – Development Standards 17.42.020 – Property Development Standards
CHAPTER 17.34. COMMERCIAL-TOURIST (C-T) ZONE
17.34.010 – Purpose and Application 17.44.010 – Purpose and Application
17.34.020 – Development Standards 17.44.020 – Property Development Standards
CHAPTER 17.36. COMMERCIAL-SERVICE (C-S) ZONE
17.36.010 – Purpose and Application 17.46.010 – Purpose and Application
17.36.020 – Development Standards 17.46.020 – Property Development Standards
CHAPTER 17.40. MANUFACTURING (M) ZONE
17.40.010 – Purpose and Application 17.48.010 – Purpose and Application
17.40.020 – Development Standards 17.48.020 – Property Development Standards
CHAPTER 17.42. BUSINESS PARK (BP) ZONE
17.42.010 – Purpose and Application 17.49.010 – Purpose and Application
17.42.020 – Development Standards 17.49.020 – Property Development Standards
CHAPTER 17.46. PUBLIC FACILITY (PF) ZONE
17.46.010 – Purpose and Application 17.36.010 – Purpose and Application
17.46.020 – Development Standards 17.36.020 – Property Development Standards
17.46.030 – Public School Tenant Uses 17.36.030 – Public School Tenant Uses
CHAPTER 17.52. PLANNED DEVELOPMENT (PD) OVERLAY ZONE
17.52.010 – Purpose 17.50.010 – Purpose
17.52.020 – Applicability 17.50.020 – Application and Procedure
17.52.030 – Preliminary Development Plan 17.62.010 – Preliminary Development Plan
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Article 2: Zones, Allowable Uses, and Development and Design Standards
New (and Notes) Existing (and Notes)
Required
17.52.040 – Process for Approval 17.62.020 – Actions of the Planning Commission
17.62.030 – Actions of the Council
17.62.040 – Required Findings
17.62.045 – Decision and Findings
17.52.050 – Final Development Plan 17.62.060 – Final Development Plan
17.62.050 – Requirement for Development Plan
17.52.060 – Phasing 17.62.070 – Phasing
17.52.070 – Amendment to Final Development Plan 17.62.080 – Amendment of Final Development
Plan
17.52.080 – Revocation of PD Zoning 17.62.090 – Revocation of PD Zoning
CHAPTER 17.54. SPECIFIC PLAN (SP) OVERLAY ZONE
17.54.010 – Purpose and Application 17.52.010 – Purpose and Application
17.54.020 – Allowed Uses 17.52.020 – Allowed Uses
17.54.030 – Development Standards 17.52.030 – Development Standards
CHAPTER 17.56. SPECIAL FOCUS AREA (S-F) OVERLAY ZONE
17.56.010 – Purpose and Application 17.53.010 – Purpose and Application
17.56.020 – Allowed Uses 17.53.020 – Allowed Uses and Development
Standards
17.56.030 - Development Standards 17.53.020 – Allowed Uses and Development
Standards
17.56.040 – Subsequent Amendments 17.53.030 – Subsequent Amendments
CHAPTER 17.58. HISTORICAL PRESERVATION (H) OVERLAY ZONE
17.58.010 – Purpose and Application 17.54.010 – Purpose and Application
17.58.020 – Allowed Uses 17.54.020 – Allowed Uses
17.56.030 – Development Standards 17.54.030 – Development Standards
CHAPTER 17.60. MIXED USE (MU) OVERLAY ZONE
17.60.010 – Purpose 17.55.010 – Purpose
17.60.020 – Application and Procedure 17.55.020 – Application and Procedure
17.60.030 – Development and Design Standards
We propose to consolidate the MU provisions
throughout Title 17 into this chapter to make them
easier to use. Also, provisions beyond the current
regulations will be included to address LUCE policy
and to reflect elimination of the current live/work and
work/live provisions.
17.55.030 – Development Standards
17.08.072 – Mixed Use Projects
B. Mix of Uses
C. Maximum Density
D. Site Layout and Project Design Standards
17.60.040 – Design Considerations 17.087.072.A – Mixed Use Projects: Design
Considerations
17.60.050 – Performance Standards 17.087.072.E – Mixed Use Projects:
Performance Standards
17.60.060 – Requirements for Use Permit Projects 17.087.072.F – Mixed Use Projects:
Requirements for Use Permit Projects
CHAPTER 17.62. SPECIAL CONSIDERATION (S) OVERLAY ZONE
17.62.010 – Purpose and Application 17.56.010 – Purpose and Application
17.62.020 – Allowed Uses 17.56.020 – Allowed Uses
17.62.030 – Development Standards 17.56.030 – Development Standards
17.62.040 – Waiver of Use Permit Requirement with
Subdivision Map
17.56.040 – Waiver of Use Permit Requirement
with Subdivision Map
CHAPTER 17.64. AIRPORT (AOZ) OVERLAY ZONE
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Article 2: Zones, Allowable Uses, and Development and Design Standards
New (and Notes) Existing (and Notes)
17.64.010 – Purpose 17.57.010 – Purpose and Intent
17.64.020 – Applicability 17.57.020 – Applicability
17.57.050 – Airport Overlay Zone
17.64.030 – Allowed Uses 17.57.040 – Development Standards and Uses
and Table 10
17.64.040 – Development Standards 17.57.040 – Development Standards and Uses
17.64.050 – Procedures for Establishing Uses within
the AOZ
17.57.030 – Procedures
17.64.060 – Airspace Protection 17.57.060 – Airspace Protection
17.64.070 – Noise Compatibility Standards 17.57.070 – Noise
17.64.080 – Overflight Notice 17.57.080 – Overflight Notice
17.64.090 – Designated Clear Areas 17.57.090 – Open Land
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Article 3: Regulations and Standards Applicable to All Zones
New (and Notes) Existing (and Notes)
CHAPTER 17.XX. SITE DEVELOPMENT AND GENERAL DEVELOPMENT STANDARDS
▪ Permitted Projections into Required Setback
Areas
▪ Vision Clearance Triangle at Intersections
▪ Height Measurement and Exceptions
Regarding the remaining provisions below: Each will
be a separate chapter. W e have not listed the
detailed regulations for each topic.
New
17.16.020.D – What May Occupy Yards
17.16.020.E.2.f – Intersection Visibility
17.16.040 Height
Applicability of Other Provisions in the Zoning
Regulations
17.17.020 - Applicability of Other Provisions
17.16.005 - Applicability of Other Provisions
Accessory Structures in Residential Zones 17.21.030 – Accessory Structures
Building Setback Lines Chapter 17.74: Building Setback Lines (Plan
Line)
Coverage 17.16.030 – Coverage
Creek Setbacks 17.16.025 – Creek Setbacks
Density 17.16.010 – Density
Fences, Walls, and Hedges 17.16.050 – Fences, Walls, and Hedges=
Flood Damage Prevention Chapter 17.84: Flood Damage Prevention
Regulations
Night Sky Preservation Chapter 17.23: Night Sky Preservation
Outdoor Sales and Storage 17.16.090 – Screening of Outdoor Sales and
Storage
Parking and Loading 17.16.060 – Parking Space Requirements and
Table 6
17.16.070 – Parking and Driveway Design and
Exceptions
Performance Standards
A. Applicability
B. Air Contaminants
C. Discharges to Water or Public Sewer
System
D. Energy Conservation
E. Hazardous Materials
F. Heat and Cold
G. Illumination
H. Noise
I. Solid Waste
J. Vibration
Chapter 17.18: Performance Standards
New: Applicability (same as 17.18.090 – General
and Special Conditions), Hazardous Materials,
Cold
Property Maintenance Standards Chapter 17.17: Property Maintenance Standards
Public Art Requirements for Private Development
Definitions could be kept in this section or moved to
Definitions chapter.
Chapter 17.98: Public Art Requirements for
Private Development
Street Right-of-Way Dedication and Improvement Chapter 17.76: Street Right-of-Way Dedication
and Improvement
Water-Efficient Landscape Standards
We recommend keeping these definitions specific to
Chapter 17.87: Water Efficient Landscape
Standards
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Article 3: Regulations and Standards Applicable to All Zones
New (and Notes) Existing (and Notes)
this chapter here rather than place them in the
Definitions chapter.
Yards 17.16.020 – Yards (except D. and E.2.f)
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This is the place to consider adding any other uses for which the City has routine conditions it may wish
to codify. Also, each land use topic will be a separate chapter; we have not listed the detailed regulations
for each topic in this outline.
Article 4: Regulations for Specific Land Uses and Activities
New (and Notes) Existing (and Notes)
Adult Entertainment Businesses
We recommend keeping these definitions specific to
this chapter here rather than place them in the
Definitions chapter.
Chapter 17.95: Adult Entertainment Businesses
Alcoholic Beverage Sales - Deemed Approved
Regulations
17.11: Deemed Approved Alcoholic Beverage
Sales Regulations
Alcoholic Beverages and Motor Fuel – Concurrent
Sales
17.08.040 - Concurrent Sales of Motor Fuel and
Alcoholic Beverages
Bed and Breakfast Establishments Chapter 17.19: Bed and Breakfast
Establishments
Convenience Stores 17.08.095 – Convenience Stores
Day Care – Large Family (Seven to 14 children) 17.08.100 – Child and Adult Day Care
Day Care – Small Family (Eight or fewer children) 17.08.100 – Child and Adult Day Care
Day Care Centers – Adult and Children 17.08.100 – Child and Adult Day Care
Electronic Game Amusement Centers 17.08.060 – Electronic Game Amusement
Centers
Home Occupations 17.08.090 – Home Occupation
Homeless Shelters 17.08.110 – Homeless Shelters
Homestay Rentals 17.08.140 – Homestay Rentals
Outdoor Sales on Commercial and Residential Lots 17.08.020 - Outdoor Sales on Commercial and
Residential Lots
Pools and Pool Equipment - Location 17.08.120 – Location of Pool and Pool
Equipment
Public Utilities 17.08.080 – Public Utilities
Recreational Vehicle as Dwelling Unit—Limitations 17.16.015 – Recreational Vehicle as Dwelling
Unit
Religious Assembly Uses in Residential Zones
Suggest to include performance standards to
minimize conflicts in residential neighborhoods
New
Safe Parking 17.08.115 – Safe Parking
Satellite Dish Antenna 17.16.110 – Satellite Dish Antenna
Service Stations 17.08.030 – Service Stations
Temporary and Intermittent Uses 17.08.010 – Temporary and Intermittent Uses
Vending Machines 17.08.050 – Vending Machines
Wireless Telecommunications Facilities 17.16.120 – Wireless Telecommunications
Facilities
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Article 5: Nonconformities
New (and Notes) Existing (and Notes)
CHAPTER XX: NONCONFORMING STRUCTURES
Intent 17.14.010 - Intent
Regulations 17.14.020 – Regulations
17.16.035 – Size limits on large-scale retail
establishments
CHAPTER XX: NONCONFORMING USES
Intent 17.10.010 - Intent
Regulations 17.10.020 - Regulations
CHAPTER XX: NONCONFORMING LOTS
Intent 17.12.010 - Intent
Regulations 17.12.020 - Regulations
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This is the place to consider adding any other permitting or administrative provisions that would benefit
from codification. For example, should the Design Review Process be included here? Does the City have
a Zoning Clearance process? Administrative Adjustments?
Article 6: Permit Procedures
New (and Notes) Existing (and Notes)
CHAPTER XX: GENERAL PROVISIONS
Purpose and Intent New
Discretionary Permits and Action
This will include a chart showing the various permits
and responsible review/hearing bodies.
New
Exemptions from Permit Requirements New
Additional Permits May Be Required New
Burden of Proof and Precedence New
CHAPTER XX: PERMIT APPLICATION FILING AND PROCESSING
Purpose
This new chapter consolidates common provisions
from each of the chapters that address how to file
applications and how staff goes about reviewing
applications before sending them to the responsible
review/acting authority.
New
Authority for Land Use and Zoning Decisions New
Multiple Permit Applications New
Application Preparation and Filing 17.58.020 – Application Form
Application Fees Chapter 17.68: Fees
Applicant Indemnification New
Initial Application Review New
Project Evaluation and Staff Reports New
Environmental Review New
Reapplication for Denied Permit Application Chapter 17.64: Repeat Applications
Inactive Applications Chapter 17.65: Inactive Applications
CHAPTER XX: ADMINISTRATIVE AND PLANNING COMMISSION USE PERMITS
Purpose and Intent 17.58.010 – Purpose and Intent
Procedure – Administrative Use Permit 17.58.030 - Procedures
Procedure – Planning Commission Use Permit 17.58.030 - Procedures
Conditions of Approval 17.58.050 – Conditions of Approval
Criteria for Approval 17.58.060 – Criteria for Approval
Required Findings 17.58.040 - Findings
Requirement for and Compliance with Use Permits 17.58.070 - Requirement for and Compliance
with Use Permits
Modification of Use Permit New
Permit to Run with the Land New – This states State law.
CHAPTER XX: REASONABLE ACCOMMODATION
Purpose and Intent 17.61.010 – Purpose and Intent
Requests for Reasonable Accommodation 17.61.040 - Requests for Reasonable
Accommodation
Application Requirements 17.61.050 – Application Requirements
Review Authority 17.61.030 – Review Authority
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Article 6: Permit Procedures
New (and Notes) Existing (and Notes)
Conditions of Approval 17.61.080 – Conditions of Approval
Required Findings 17.61.060 - Required Findings
Occupancy Requirement 17.61.070 – Performance Standard
Modification of Use Permit New
Permit to Run with the Land New – This states State law.
Appeals 17.61.090 Appeals
CHAPTER XX: VARIANCES
Purpose and Intent 17.60.010 – Purpose and Intent
17.60.020 – Scope
Procedure 17.60.030 - Procedure
Burden of Proof New
Required Findings 17.60.040 - Findings
Expiration 17.60.050 - Expiration
Modification of Use Permit New
Permit to Run with the Land
This states State law.
New
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Article 7: Administration of Zoning Regulations
New (and Notes) Existing (and Notes)
CHAPTER XX: ADMINISTRATIVE RESPONSIBILITY
Purpose
This is a new chapter that sets forth the
responsibilities of the review authorities.
New
Community Development Director
Planning Commission
Architectural Review Commission Cross reference to Chapter 2.48
City Council
CHAPTER XX: AMENDMENTS - ZONING REGULATIONS AND ZONING MAP
Scope 17.70.010 – Scope
Authority to Initiate an Amendment 17.70.020 – Initiation
Processing, Notice, and Hearings 17.70.030 – Planning Commission Action
17.70.040 – Council Action
CHAPTER XX: GENERAL PLAN AMENDMENTS
Purpose 17.80.010 – Title
17.80.020 – Amendments to be made in manner
provided in this chapter
17.80.030 – Purpose
Authority to Initiate an Amendment 17.80.040 – Initiation of Amendments -
Applications
Schedule for and Coordination of Amendments 17.80.050 – Schedule for Amendments
17.80.080 – Coordination of Amendments
Processing, Notice, and Hearings 17.80.060 – Planning Commission Action
17.80.070 – Council Action
CHAPTER XX: APPEALS
Standing to Appeal 17.66.010 – Standing to Appeal
Time to File Appeal 17.66.020 – Time Limits
Content of Appeal Filing 17.66.040 – Content of Appeals
Course of Appeals 17.66.030 – Course of Appeals
Hearings and Notice 17.66.050 – Hearings and Notice
CHAPTER XX: PUBLIC NOTICES AND HEARINGS
Purpose
This chapter consolidates all similar requirements
throughout Title 17 regulating how hearings are
noticed, scheduled, and conducted.
Notice of Hearing
Scheduling of Hearing
Hearing Procedure
Recommendation by Planning Commission
Recommendation by Architectural Review
Commission
New
Cross reference to Chapter 2.48.
Coordination of Multiple Appeals on Single
Application
This is the new process we have discussed to bring
forward to the City Council, as one packet, appeals
New
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Article 7: Administration of Zoning Regulations
New (and Notes) Existing (and Notes)
on PC action and ARC action.
Effective Date of Decision
CHAPTER XX: DEVELOPMENT AGREEMENTS
Purpose and Scope 17.94.010 Purpose and Scope
Authority 17.94.020 Authority
Initiation of Hearings 17.94.030 Initiation of Hearings
Applications—Legal Interest 17.94.040 Applications—Legal Interest
Fees 17.94.050 Fees
Preapplication Review 17.94.060 Preapplication Review
Application—Contents 17.94.070 Application—Contents
Public Notice 17.94.080 Public Notice
Failure to Receive Notice 17.94.090 Failure to Receive Notice
Planning Commission Hearing and
Recommendation
17.94.100 Planning Commission Hearing and
Recommendation
City Council Hearing 17.94.110 City Council Hearing
City Council Action 17.94.120 City Council Action
Development Agreement—Contents 17.94.130 Development Agreement—Contents
Development Agreement—Adoption by Ordinance—
Execution of Contract
17.94.140 Development Agreement—Adoption
by Ordinance—Execution of Contract
Recordation of Executed Agreement 17.94.150 Recordation of Executed Agreement
Ordinance, Regulations, and Requirements
Applicable to Development
17.94.160 Ordinances, Regulations and
Requirements Applicable to Development
Subsequently Enacted State and Federal Laws 17.94.170 Subsequently Enacted State and
Federal Laws
Enforcement—Continuing Validity 17.94.180 Enforcement—Continuing Validity
Amendment—Time Extension—Cancellation 17.94.190 Amendment—Time Extension—
Cancellation
Review for Compliance—Director’s Authority 17.94.200 Review for Compliance—Director’s
Authority
Violation of Agreement—Council Review and Action 17.94.210 Violation of Agreement—Council
Review and Action
Modification or Termination for Violations 17.94.220 Modification or Termination for
Violations
Consequences of Termination 17.94.230 Consequences of Termination
Irregularity of Proceedings 17.94.240 Irregularity in Proceedings
Coordination of Approvals 17.94.250 Coordination of Approvals
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Article 8: Housing-Related Regulations
New (and Notes) Existing (and Notes)
CHAPTER XX: INCLUSIONARY HOUSING REQUIREMENTS
Purpose 17.91.010 - Purpose
Definitions 17.91.020 - Definitions
Applicability and Exclusions 17.91.030 - Applicability and Exclusions
General Standards 17.91.040 - General Standards
Procedures 17.91.050 - Procedures
In-lieu Housing Fee 17.91.060 - In-lieu Housing Fee
Affordable Housing Fund Established 17.91.070 - Affordable Housing Fund
Established
Real Property Dedication 17.91.080 - Real Property Dedication
Incentives 17.91.090 - Incentives
Project Application 17.91.100 - Project Application
Conditions of Approval 17.91.110 - Conditions of Development
Approval
Program Requirements 17.91.120 - Program Requirements
Eligibility Screening 17.91.130 - Eligibility Screening
Affordability Restrictions 17.91.140 - Affordability Restrictions
Shared Equity Purchase Program 17.91.150 - Shared Equity Purchase Program
Early Resale of Shared Equity Properties 17.91.151 - Early Resale of Shared Equity
Properties
Management and Monitoring 17.91.160 - Management and Monitoring
Enforcement and Appeals 17.91.170 - Enforcement and Appeals
Severability 17.91.180 - Severability
CHAPTER XX: AFFORDABLE HOUSING INCENTIVES
Purpose
These may require minor adjustments to conform to
recent changes in State law.
17.90.010 – Purpose
Definitions
We recommend keeping these definitions specific to
this chapter here rather than place them in the
Definitions chapter.
17.90.020 - Definitions
Application Process 17.90.030 - Application Process
Standard Incentives for Housing Projects 17.90.040 - Standard Incentives for Housing
Projects
Standard Incentives for Conversion of Apartments to
Condominium Projects
17.90.050 - Standard Incentives for Conversion
of Apartments to Condominium Projects
Alternative or Additional Incentives 17.90.060 - Alternative or Additional Incentives
Relationship to Other City Procedures 17.90.070 - Relationship to Other City
Procedures
Agreements for Affordable Housing 17.90.080 - Agreements for Affordable Housing
Fees
Because this fee provision is very specific to this
process, we recommend keeping it here instead of
with the more generic fee provisions.
17.90.090 – Fees
Affordability Standards 17.90.100 - Affordability Standards
Occupant Qualifications 17.90.110 - Occupant Screening
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Article 8: Housing-Related Regulations
New (and Notes) Existing (and Notes)
CHAPTER XX: DOWNTOWN HOUSING CONVERSION REGULATIONS
Purpose and Intent 17.86.010 - Purpose and Intent
Area of Applicability 17.86.020 - Area of Application
Definitions
We recommend keeping these definitions specific to
this chapter here rather than place them in the
Definitions chapter.
17.86.030 – Definitions
Land Uses Affected 17.86.040 - Land Uses Affected
No Net Housing Loss 17.86.050 - No Net Housing Loss
Exceptions 17.86.060 - Exceptions
Public Hearing Required 17.86.090 – Public Hearing—Notification
Conditions of Approval 17.86.080 – Conditions of Approval
Required Findings 17.86.070 – Findings Required
CHAPTER XX: RESIDENTIAL GROWTH M ANAGEMENT REGULATIONS
Purpose and Justification 17.88.010 - Purpose and Justification
Allocations 17.88.020 - Allocations
Periodic City Council Review and Consideration of
Revisions
17.88.030 - Periodic City Council Review and
Consideration of Revisions
Interim Urgency Regulations Chapter 17.20: Residential Occupancy
Standards
This section may be adjusted to ensure
compliance with federal fair housing laws. Other
regulations address the concern via regulating
the types of housing allowed in each zone,
building code limits on occupancy, parking
regulations for larger units, and requirements for
what constitutes a bedroom.
17.70.060 – Other Requirements
This section may be removed since it just states
Government Code requirements for urgency
ordinances and other provisions.
Chapter 17.93: High-Occupancy Residential
Use Regulations
This section may be adjusted to ensure
compliance with federal fair housing laws.
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2
Article 9: Definitions
New (and Notes) Existing (and Notes)
CHAPTER XX: DEFINITIONS
A
Adult Business definitions will be kept in the Adult
Business provisions.
A
B B
C C
D D
E E
F F
17.84.020 Definitions (Floodplain Management
Regulations)
G G
H H
I I
J J
K K
L
A new section will be provided to group all Land Use
related (uses listed in Table 9) definitions.
L
M M
N N
O O
P P
17.989.020 Definitions (Public Art)
Q Q
R
R
17.61.020 Definitions (for Reasonable
Accommodation)
S S
T T
U U
V V
W W
X X
Y Y
Z Z
Packet Pg 44
2
Chapters/Sections Deleted and Why
Chapter or Section Reason for Deletion
17.08.130 – Live/Work and Work/Live Units Incorporated into Mixed Use Overlay regulations
17.16.100 – Utility Services Previously deleted by Ord. No. 1287
Chapter 17.82: Residential Condominium
Development and Conversions
Previously deleted by Ord. No. 1490
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2
Page intentionally left
blank.
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2
Staff Presentation ‐Item 02 4/10/2018
1
Zoning Regulations Update
City Council Study Session
April 10, 2018
Agenda
Update the City Council on progress of Zoning
Regulations update
Receive policy direction on key issues:
1)Calculating density
2)Flexible density in Downtown/Upper Monterey
3)Rooftop uses
4)Alcohol outlet practices
5)Tiny homes on wheels
6)Removing barriers to ADU construction
7)Streamlined project review processes
8)Parking standards
2
Staff Presentation ‐Item 02 4/10/2018
2
Why Update the Zoning Regulations?
Implement Land Use and Circulation
Elements
Reflect new State laws
Modernize land use and development
practices
Streamline administrative procedures
Make the Regulations easier to use
3
Summary Updates
Staff Presentation ‐Item 02 4/10/2018
3
Public Input
Stakeholder and resident interviews
Joint study session April 12, 2017
June 3, 2017 community workshop
Information presented to the Planning
Commission at regularly scheduled
meetings (pages 17/18 of agenda report)
Coordination among City departments and
with the County Airport staff
5
Next Steps
Public Workshop – May 3
rd 6:00-8:00
ALUC Hearing - May 16
th
Planning Commission Review and
Recommendation – June 13
th, 14th, and 27th
City Council Hearing – August 21
st
Ongoing PC study sessions – 2
nd and 4th
Wednesdays of the month
6
Staff Presentation ‐Item 02 4/10/2018
4
Updated Organization
Article 1: Enactment, Applicability, and Enforcement
Article 2: Zones, Allowable Uses, and Development and
Design Standards
Article 3: Regulations and Standards Applicable to All Zones
Article 4: Regulations for Specific Land Uses and Activities
Article 5: Nonconformities
Article 6: Permit Procedures
Article 7: Administration of Zoning Regulations
Article 8: Housing-Related Regulations
Article 9: Definitions
7
Articles 1 through 9 group related provisions to help
users navigate the Zoning Regulations:
Updated Table 9 – Land Use Regulations
Extensively revised to:
Reflect modern land use practices
Consolidate similar/repetitive land uses
(Offices!)
Encourage economic development
Achieve compatibility
8
Staff Presentation ‐Item 02 4/10/2018
5
Neighborhood Compatibility
LUCE Policy 2.13: Address large homes and transition
issues (edge conditions) between lower-scale and
higher-scale development
Two neighborhood workshops/ARC/PC sessions
Recommendations:
1)Upper story stepbacks for edge conditions
2)FAR standards in R-1
3)Graphics to enhance the regulations
9
State Housing Legislation
New State Housing laws expand
protections for housing projects and
make it more difficult to deny or reduce
a project’s density.
City must establish objective design
criteria for multifamily housing and
mixed-use development that is 2/3
residential to implement development
standards such as “compatibility”.
10
Staff Presentation ‐Item 02 4/10/2018
6
Issues for Discussion
and Policy Direction
Changing How Density Is Calculated
Current Regulations (page 19 of agenda report)
•Studio (450 sq. ft.) = 0.50 units
•1 bedroom = 0.66 units
•2 bedrooms = 1.00 units
•3 bedrooms = 1.50 units
•4+ bedrooms = 2.00 units
12
Staff Presentation ‐Item 02 4/10/2018
7
Changing How Density Is Calculated
Proposed Regulations
•Studio and 1 bedroom < 600 sf = 0.50 unit
•1 bedroom 600-1,000 sf = 0.66 unit
•No changes to 2, 3, or 4-bedroom density
•Allow 2 density units in a R-2 zone
regardless of lot size; same for R-3, R-4
13
Discussion and Direction: Density
Staff is seeking direction from the
Council to revise the density
calculations as presented for
simplification and to continue
encouraging smaller housing units.
Staff Presentation ‐Item 02 4/10/2018
8
Flexible Density Downtown/Upper Monterey
•Consider no density requirement for units
smaller than 600 sf to encourage smaller
dwellings
•Height, setbacks, parking, and massing
regulations─together with the Community
Design Guidelines─would guide
development
•Downtown standards in Upper Monterey
area with Planning Commission approval
15
Flexible Density Downtown/Upper Monterey
16
Map of upper Monterey district
Doug/Kyle: Do you have one? If not, we can
produce.
Staff Presentation ‐Item 02 4/10/2018
9
Discussion and Direction: Downtown
a)Staff is seeking direction from the Council to allow
flexible density Downtown by removing density
limits from smaller (600 sq. ft.) units.
b)Also to include applying the Downtown
development standards to the Upper Monterey
corridor (to the trestle) as an Ordinance Overlay
Zone map as part of the Zoning Regulations
Update.
Regulation of Rooftop Uses
The Good: Amenities and Views
18
Staff Presentation ‐Item 02 4/10/2018
10
Regulation of Rooftop Uses
The Bad: Noise and Privacy Concerns
19
Discussion and Direction: Rooftop Uses
Staff is seeking direction from the Council to
regulate rooftop uses by establishing
setbacks, hours, size limits, and other
standards to balance the use and enjoyment
of rooftop uses with the privacy of
neighboring residences.
Staff Presentation ‐Item 02 4/10/2018
11
Alcohol Outlet Regulations
2012 Alcohol Outlet Amendments included a
use permit requirement for restaurants
serving alcohol after 11:00 p.m., and a
Deemed Approved Ordinance for existing
alcohol outlets
Council Memo on Effectiveness of
Amendments (March 15, 2018)
LUCE Policy 4.32 implemented via codified
standard conditions which were developed
during the 2012 Amendments
21
Discussion and Direction:
Alcohol Outlets
Staff is seeking direction from the Council on
whether current practices and the
incorporation of conditions of approval as
standards are adequate to address safety
concerns Downtown or if additional
regulations should be explored to address
specific impacts.
Staff Presentation ‐Item 02 4/10/2018
12
Tiny Homes
Tiny homes as ADUs
23
Tiny Homes
Tiny homes on wheels are RVs.
24
Staff Presentation ‐Item 02 4/10/2018
13
Tiny Homes
Concerns regarding tiny homes on wheels:
Where to park them
Water connection
Sewer connection
Electric power connection
Aesthetics
25
Discussion and Direction: Tiny Homes
Staff is seeking direction from the Council on whether to incorporate an
opportunity for tiny homes on wheels as part of the Zoning Regulations
Update. The following potential requirements would be explored if
Council provides such direction:
a)Revised definitions and regulations associated with RVs
b)Zones at which these uses could be considered allowed or
conditionally allowed
c)Building permit requirements to establish appropriate and
safe connections to utilities as discussed above
d)Operational requirements including but not limited to owner
occupancy, licensing agreement, annual inspections, time
limits, vehicle registration, size limitations, locations on site,
and/or design compatibility
Staff Presentation ‐Item 02 4/10/2018
14
Removing Barriers to New ADUs
Requirements for frontage
improvements (curb, gutter, sidewalk,
ADA)
Owner occupancy (The ADU
Ordinance requires that the property
owner live in either the primary
residence or ADU.)
27
Discussion and Direction: ADUs
Staff is seeking Council direction to remove barriers
to ADU construction by exploring the following
methods:
a)Explore options to reduce the extent of required
frontage improvements triggered by ADUs and
review the owner occupancy requirement
b)Continue the ongoing program to improve the
development review process and consider
adjusting the permit fees to further facilitate
construction of ADUs.
Staff Presentation ‐Item 02 4/10/2018
15
Streamlined Development Review Processes
29
1)Director’s Action – An administrative (staff-
level) process with no public hearing
2)Minor Use Permit – Action at the Director
level but includes a public hearing (Director
hearing)
3)Conditional Use Permit – Planning
Commission action
Streamlined Development Review Processes
•ARC to focus on architecture and design per
the CDG early in the process concurrent with
the CHC, if required
•A two-tier process for development review;
smaller projects, an ARC recommendation to
Director; larger projects, an ARC
recommendation to Planning Commission
•Concept shared with the ARC and PC
•Avoids multiple appeals on the same project
30
Staff Presentation ‐Item 02 4/10/2018
16
Streamlined Development Review Processes
31
Tier 1 – Director (less than 10,000 SF, and/or 5 units)
32
Creamery (Façade Remodel, 3,700 SF)
Direct Injectors (6,000 SF)245 Higuera (2 units, 1,500 SF)
460 Marsh (4 units)
Staff Presentation ‐Item 02 4/10/2018
17
Tier I – Director (less than 10,000 SF, and/or 5 units)
33
McCarthy Steel (9,800 SF)Libertine (Façade Remodel)
SLO Promenade (Façade Remodel)
Tier II – PC (greater than 10,000 SF, and/or 5 units)
34
Brownstones (8 units)Boysen Apartments (6 units)
207 Higuera MU (8 units, 1,000 SF)Marsh & Carmel MU (8 units, 1,100 SF)
Staff Presentation ‐Item 02 4/10/2018
18
Tier II – PC (greater than 10,000 SF, and/or 5 units)
35
1185 Monterey MU (13 units, 2,400 SF)
Caudill MU (36 units, 6,000 SF)Broad Street MU (12 units, 2,700 SF)
Courtyard at Serra Meadows (36 units)
Tier II – PC (greater than 10,000 SF, and/or 5 units)
36
Poly Performance (25,000 SF)The Yard (43 units)
Sears Redevelopment (56,000 SF)
Staff Presentation ‐Item 02 4/10/2018
19
Discussion and Direction:
Streamlined Review Processes
Staff is seeking direction from the Council to
consolidate and streamline project review
processes for more simplicity.
Parking to Achieve Multi-Modal Objectives
38
Staff Presentation ‐Item 02 4/10/2018
20
Parking to Achieve Multi-Modal Objectives
Adjust requirements toward ITE standards
Lower baseline parking could reduce the #
and extent of requested parking reductions
Justify reductions with case-specific parking
study instead of multiple reductions with a
certain % each
Simplify parking calculations (restaurant)
39
Discussion and Direction: Parking
Staff is seeking direction from Council on whether
parking requirements should be adjusted to reflect
the City’s multi-modal objectives in conjunction with
revised and modified parking reduction standards.
These would include reducing the parking
requirements to be more consistent with ITE
standards, lowering the level of review for parking
reductions, and relying on project-specific parking
studies to determine the proper type and percentage
of the reduction.
Staff Presentation ‐Item 02 4/10/2018
21
41
Focus Questions for Study Session
Yes No
1.Revise the density calculations as discussed for simplification and to continue encouraging
smaller housing units?
2.
Allow flexible density downtown by removing density limits from smaller (600 sq. ft.) units?
This would also include applying the downtown development standards to the Upper Monterey
corridor (to the trestle) and bringing back the corresponding Ordinance Overlay Zone map as
part of this Zoning Regulations Update.
3.Regulate rooftop uses by establishing setbacks, hours, size limits, and other standards to balance
the use and enjoyment of rooftop uses with the privacy of residential settings?
4.Whether current alcohol outlet practices and the incorporation of conditions of approval as
standards are adequate to address safety concerns downtown?
5.Whether to incorporate an opportunity for tiny homes on wheels as part of the Zoning
Regulations Update?
6.Remove specific barriers to ADU construction? Frontage improvements and/or water/sewer
impact fees?
7.Consolidate and streamline the review process for more simplicity, as outlined in the report?
8.
Whether parking requirements should be adjusted to reflect the City’s multi-modal objectives in
conjunction with revised and modified parking reduction standards? These would include
reducing the parking requirements to be more consistent with ITE standards, lowering the level
of review for parking reductions, and relying on project-specific parking studies to determine the
proper type and percentage of the reduction.
42
Additional Questions for Study Session
Yes No
1.Consider additional zones where schools may be allowed or conditionally allowed
2.
3.
4.
5.
6.
7.
8.