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HomeMy WebLinkAboutE-mail Attachment - 17_070_010_Accessory_StructuresCITY OF SAN LUIS OBISPO March 2019 Title 17 – ZONING REGULATIONS 3-4 Chapter 17.70. Site Development and General Development Standards Sections: 17.70.010 – Accessory Structures 17.70.020 – Reserved 17.70.030 – Creek Setbacks 17.70.040 – Density 17.70.050 – Edge Conditions 17.70.060 – FAR Measurement and Exceptions 17.70.070 – Fences, Walls, and Hedges 17.70.080 – Height Measurement and Exceptions 17.70.090 – Hillside Development Standards 17.70.100 – Lighting and Night Sky Preservation 17.70.110 – Lot Area 17.70.120 – Lot Coverage 17.70.130 – Mixed-Use Development 17.70.140 – Public Art Requirements for Private Development 17.70.150 – Rooftop Uses 17.70.160 – Satellite Dish Antenna 17.70.170 – Setbacks 17.70.180 – Showers, Lockers, and Changing Rooms 17.70.190 – Pools and Pool Equipment – Location 17.70.200 – Trash Enclosure Standards 17.70.210 – Vision Clearance Triangle At Intersection 17.70.220 – Water-Efficient Landscape Standards 17.70.010 – Accessory Structures A.Purpose. 1.Regulations on accessory structures are established to provide a distinction between nonhabitable accessory structures (e.g., garage, storage shed, shop building) and accessory living spaces (e.g., secondary dwelling units, guest quarters, office, pool house, etc.). These regulations establish standards which prevent the conversion of accessory structures into unpermitted living space to ensure that such s tructures are not used as separate dwelling units. 2.Unpermitted conversion of accessory structures is detrimental to the public health, safety, and welfare of the community. B.Applicability. 1.Application. This Section shall apply to: a.New Structures. All new structures, as defined in the Building Code, located on the same site as the primary structure or use to which it is accessory, including, but not limited to, garages, carports, porte- cocheres, sheds, workshops, gazebos, greenhouses, cabanas, trellises, play structures, aviaries, covered patios, etc. b.Decks and Patios. Decks and patios that are 30 inches above the ground elevation, excluding aboveground pools. 2.Exclusion. This Section shall not apply to legally established dwellings, accessory dwelling units as defined in Section 17.156.004 (A Definitions), and guest quarters as defined in Section 17.158.018 (G Definitions). CITY OF SAN LUIS OBISPO March 2019 Title 17 – ZONING REGULATIONS 3-5 Accessory structures that include habitable space, as defined by the California Building Code, shall be regulated by Section 17.86.020 (Accessory Dwelling Units and Guest Quarters). C.Development Standards. 1.General Development Standards. Accessory structures shall conform to all applicable Zoning Regulations such as height, yards, parking, building coverage, etc. 2.Incidental Use. The use of an accessory structure is incidental, and subordinate to the use of the principle structure, or to the principle land use of the site. 3.Form. Accessory structures may consist of detached structures or additions to primary structures. 4.No Bathing Facilities. No bathing facilities (e.g., shower, bathtub) may be installed. Plans submitted for a building permit may not include spaces within a bathroom designed for the later addition of bathing facilities. 5.Limit on Total Number in Residential Zones. In residential zones, no more than three accessory structures shall be permitted per lot, only one of which may include a habitable accessory structure such as an accessory dwelling unit or guest quarters. D.Process Requirements. 1.Building Permit. Development of an accessory structure shall require approval of a building permit from the City’s Building Division. 2.Design Review. Plans submitted for a building permit shall be reviewed for consistency with the City’s Community Design Guidelines and general development requirements of the Zoning Regulations. 3.Owners Agreement with the City. Prior to the issuance of construction permits, a covenant agreement shall be recorded that discloses the structure’s approved floor plan and status as an “accessory structure” which cannot contain living space, including bathing facilities or a kitchen. This agreement shall be recorded in the office of the County Recorder to provide constructive notice to all future owners of the property. The covenant agreement also may contain authorization for annual inspections, and to allow the City upon reasonable time and notice to inspect the premises for compliance with the agreement and to verify continued compliance with requirements of this Section and Health and Safety Codes. 17.70.030 – Creek Setbacks A.Purpose. Creek setbacks are intended to: 1.Protect scenic resources, water quality, and natural creekside habitat, including opportunities for wildlife habitation, rest, and movement; 2.Further the restoration of damaged or degraded habitat, especially where a continuous riparian habitat corridor can be established; 3.Allow for natural changes that may occur within the creek corridor; 4.Help avoid damage to development from erosion and flooding; and 5.Enable implementation of adopted City plans. B.Waterways Subject to Setbacks. Creek setback requirements shall apply to all creeks as defined in the General Plan Open Space Element and shown on that element’s creek map, and only to those creeks. C.Measurement of Creek Setbacks. Creek setbacks shall be measured from the existing top of bank (or the future top of bank resulting from a creek alteration reflected in a plan approved by the City), or from the edge of the