HomeMy WebLinkAbout07-01-2014 PH3 Zoning Regulations Amendments - Bedrooms-Guesthouses Ordinance Intro
FROM: Derek Johnson, Community Development Director
Prepared By: Marcus Carloni, Associate Planner
SUBJECT: REVIEW OF AMENDMENTS TO MUNICIPAL CODE TITLE 17: ZONING
REGULATIONS, ASSOCIATED WITH THE BEDROOM DEFINITION,
REGULATIONS FOR GUEST QUARTERS AND ACCESSORY STRUCTURES,
AND ZONING AMENDMENT INITIATIONS WITH A CATEGORICAL
EXEMPTION FROM ENVIRONMENTAL REVIEW.
RECOMMENDATION
Introduce an ordinance to amend Title 17 (Zoning Regulations) of the Municipal Code (Attachment 3)
with a categorical exemption from environmental review (CEQA Guidelines Section 15061.b3).
SUMMARY
The Community Development Department prepared a draft update to the City’s Zoning Regulations to
provide greater clarity and to respond to issues of community concern. Periodic review of the City’s
Zoning Regulations is necessary to ensure that regulations are clear, consistent, and effectively
implement the goals and policies established by City Council. Staff is recommending Zoning
Regulation amendments including guest quarters and accessory structure regulations and a modified
bedroom definition. Staff is also recommending the City Council add the Planning Commission and
Community Development Director to the list of authorities able to initiate minor Zoning Amendments.
BACKGROUND
Previous Review
1. Guest Quarters and Bedroom Definition
In August of 2013, the Planning Commission evaluated staff recommended amendments to bedroom
and loft definitions, guest house and accessory structure regulations, revisions to parking requirements
for secondary dwelling units, updated affordable housing incentive regulations, and the establishment
of regulations for garage sales, yard sales, and mechanical parking lifts. The Planning Commission
supported these amendments, recommending adoption to the City Council, with the exception of
bedroom definitions and guest houses (now termed guest quarters).
The Planning Commission believed the recommended amendments could be burdensome and certain
provisions, such as 120 days of maximum occupancy for guest houses, may be difficult to enforce. The
Commission also believed that the current regulations were effective for enforcement when illegal
conversions of guest houses are observed by staff. The Commission had concerns that proposed
amendments to the bedroom definition would result in a number of non-conforming structures that
were not constructed to meet the modified bedroom definition (Attachment 2, PC Meeting Minutes).
The Commission also commented that the proposed bedroom definition appeared too complex and felt
the existing definition is sufficient for project review and enforcement.
7/1/14
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Zoning Regulations Amendments – GPA 110-14 Page 2
In July of 2013, the City Council reviewed the above listed amendments with the exception of the
bedroom definitions and guest house amendments which were not supported by the Planning
Commission. The City Council, along with representatives of neighborhood groups who were present
at the hearing, felt it necessary to revisit/revise the bedroom definition and guest house amendments
and return to the City Council. Staff’s revised, and recommended, amendments are provided in the
discussion section below.
2. Zoning Amendments Initiation
On April 9, 2014, the Planning Commission reviewed an amendment to Zoning Regulations Chapter
17.70 (Amendments) which would add the Community Development Director and Planning
Commission to the list of authorities able to initiate minor Amendments (currently the City Council
must initiate all Amendments). The Planning Commission supported the proposed amendment to
Chapter 17.70, recommending adoption to the City Council.
DISCUSSION
All of the recommended Zoning Regulation amendments can be viewed in the legislative draft
(Attachment 1). Proposed amendments in Attachment 1 are shown with new language in underlined
text and proposed deleted language is shown in strikethrough. Specific sections that contain revisions
are discussed below.
Main Areas of Discussion
1. Guest Quarters (previously termed guest houses) and Accessory Structures
Current Situation: The illegal conversion of guest houses and accessory structures into unapproved
dwelling units has been an ongoing issue Citywide. From 2008 to 2013, Code Enforcement staff had
57 confirmed conversions (e.g. added kitchen) of guest houses and accessory structures into
unpermitted living space (this number does not include unpermitted garage conversions which totaled
153 for the same time period).
Current regulations which rely on the “kitchen” definition have been ineffective in preventing the use
and conversion of guest houses and accessory structures into unapproved dwelling units. Submittals for
guest houses which do not include facilities or appliances on floor plans that meet the definition of a
kitchen (i.e. ovens, microwaves, or refrigerators) must be approved based on current regulations; even
though these appliances can easily be added later. Sinks are often designated as “wet bars” and can be
provided if the drain outlet does not exceed 1-1/2 inches in diameter. Countertops and cabinets also
can be designated on plans as intended for a use other than preparation/cooking of food, or they can be
left off plans altogether and installed following final inspections. Additionally, guest houses are being
designed with multiple bedrooms and rented separately which impacts on-site parking and
subsequently impacts parking within the neighborhood.
Staff Recommendation: Current regulations have been ineffective at regulating the unintended
use/conversion of accessory spaces. Staff recommends adopting the proposed amendments which
create a clear distinction between accessory spaces (i.e. Guest Quarters, Accessory Structures, and
Secondary Dwelling Units) and provides regulations for establishment of legal accessory spaces,
which are difficult to illegally convert after final inspections.
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Zoning Regulations Amendments – GPA 110-14 Page 3
The proposed amendments to Zoning Regulations Chapter 17.21 include adding standards for Guest
Quarters (previously termed guest houses) and Accessory Structures (e.g. non-habitable structures:
garage, storage shed, shop building), among the existing Secondary Dwelling Unit regulations, and
changing the chapter title to “Accessory Spaces”. Proposed legislative draft amendments to Chapter
17.21 are provided in Attachment 1a and summarized below. Please note: no modifications are
proposed to existing Secondary Dwelling Unit regulations other than renumbering and minor
clarifications.
Table 1.1: Guest Quarters Summary Amendments
Guest House
(Existing Regulation)
Guest Quarters
(Proposed Regulation)
Example Guest sleeping space,
Pool House, Office
Guest sleeping space, Pool
House, Office
Floor Plan Layout Not specified Open Studio Configuration
Living Space Yes Yes
Density Calculation Yes Yes
On-site Owner Occupancy Required No Yes
Separate Rental from Primary Residence Allowed Not Allowed
Kitchen Facilities No No
Wet Bar Yes, no sink size limit No
Bathroom Facilities (toilet, sink) Yes Yes
Bathroom Facilities (bathing) Yes Yes
Maximum Size 450 square Feet 450 Square Feet
Review Process No Entitlement required,
Building Permit Only
Guest Quarters Permit
with Architectural Review
Table 1.2: Accessory Structure Summary Amendments
Accessory Structure
(Existing Regulation)
Accessory Structure
(Proposed Regulation)
Example Not specified Garage, Storage Shed,
Shop Building
Floor Plan Layout N/A N/A
Living Space No No
Density Calculation N/A N/A
On-Site Owner Occupancy Required N/A N/A
Separate Rental from Primary Residence N/A N/A
Kitchen Facilities No No
Wet Bar No No
Bathroom Facilities (toilet, sink) Not specified Yes
Bathroom Facilities (bathing) Not specified No
Maximum Size N/A N/A
Review Process Building Permit with
Community Design
Guideline Consistency
Review
Building Permit with
Community Design
Guideline Consistency
Review
The proposed amendments effectively add to the regulation of accessory structures and guest quarters
and protect public health, safety, and welfare by preventing the unpermitted conversion of these
accessory spaces.
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Zoning Regulations Amendments – GPA 110-14 Page 4
Bedroom Definition
Current Situation: The current bedroom definition classifies a room within a dwelling as a bedroom
when it is designed for sleeping and has less than a 50% open wall area with an adjoining room. As
long as the floor plan shows the room as ≥50% open, the room is not counted toward bedroom density
and can be labeled for another purpose (e.g. office, nook, study) then be later converted into a bedroom
by adding partitions or closing off the remaining open wall area. Under the current definition this can
be done even if the room is shown along a hallway among designated bedrooms, or if the room is
upstairs from other common use areas, and appears clearly designed for sleeping purposes or to be
enclosed for use as a bedroom after final inspections. From 2008 to 2013, Code Enforcement staff had
61 confirmed cases for unpermitted conversion of these “spaces” into bedrooms. Last year’s code
enforcement case at the Pine Creek condominiums where 36 residential units involved illegal
conversion of dens or lofts into bedrooms is an example of the health and safety issues associated with
illegal conversion of spaces not designated or approved for sleeping purposes.
Staff Recommendation: Staff recommends amending the current bedroom definition to respond to this
issue by classifying as a bedroom these spaces which are designed for later unpermitted conversion
(Attachment 1c, Legislative Draft). The proposed bedroom definition will classify any space within a
dwelling unit (that is greater than 70 square feet) as a bedroom, unless it is one of the below listed
rooms/common spaces.
The following rooms/common spaces which are adjacent and open to common areas will not be
considered bedrooms:
-Hallway; -Den (see definition, 17.100.D.)1;
-Bathroom; -Loft (see definition for requirements, 17.100.L.)2;
-Kitchen/Breakfast nook; -Laundry room;
-Living Room, Family room, Dining room;
This proposed amendment will be more effective than the current definition in ensuring that projects
comply with density and parking requirements and prevents rooms designed with the purpose of later
conversion into unapproved bedrooms. Similar definitions are in use in jurisdictions such as the City of
Monterey, City of San Marino, and County of Santa Cruz.
Additionally, the proposed definition provides for the Community Development Director to determine
whether “spaces” shown on floor plans, which do not clearly meet the definition of a bedroom, meet
the intent of the bedroom definition or need to be forwarded to the Planning Commission for Use
Permit review. Furthermore, the proposed definition responds to the Planning Commission’s concern
about creating non-conformities (see Background section above). The proposed definition will allow
“spaces” (i.e. not bedrooms) established prior to the effective date of this ordinance using the current
bedroom definition (≥50% open wall area) to remain and not be considered a bedroom, consistent with
floor plans approved with a building permit.
1 Existing Den Definition per Zoning Regulations 17.100.D: Den (or "family room,") means a room which is open on at least one side,
does not contain a wardrobe, closet or similar facility, and which is not designed for sleeping. 2 Existing Loft Definition per Zoning Regulations 17.100.L: “Loft” or “Mezzanine” means a partial or intermediate level of a building
interior containing floor area without enclosing interior walls or partitions and not separated or partitioned from the floor level
below or access way (stairs and/or landing) leading to the loft from the floor below by a wall or any other partitions. Spaces
designated as lofts which do not fully conform to this definition shall be deemed a bedroom.
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Zoning Regulations Amendments – GPA 110-14 Page 5
2. Zoning Amendments Initiation
Current Situation: As the land use Advisory Body for the Council, the Planning Commission is tasked
with making recommendations to the Council on any Zoning-related proposals. Thus, the current
Initiation process (Zoning Regulations Chapter 17.70) has had an unintended consequence of adding
approximately four months and two public hearings to the processing of all Zoning Amendments, since
the Initiation must first go through the Planning Commission before City Council review. Clearly, in
some cases, a formal Initiation process is warranted (i.e. large projects or projects in sensitive
neighborhood areas). Two recent cases – Righetti Ranch and San Luis Ranch – are large, complex
projects with inherent policy issues that will demand substantial staff resources and have significant
land use impacts fit this scenario. The process has benefited from an early review by the Planning
Commission and City Council to highlight key issues of the future analysis of the large projects.
On the other hand, for smaller scale and more straightforward Zoning Amendments, the current
Initiation process is time consuming and not as valuable to the process and decision makers. Some
projects do not have associated policy issues that benefit from an early review and introduction.
Staff Recommendation: Staff recommends amending Zoning Regulations Chapter 17.70 to include the
Planning Commission and Community Development Director as eligible to initiate Amendments
(Attachment 1b, Legislative Draft). The Community Development Director should be able to use
his/her professional judgment on the proper level for processing Zoning Amendments or Zoning Map
changes.
FISCAL IMPACT
When the General Plan was prepared, it was accompanied by a fiscal impact analysis, which found that
overall the General Plan was fiscally balanced. Accordingly, since the proposed amendments are
consistent with the General Plan, it has a neutral fiscal impact.
ALTERNATIVES
1. The Council could approve the proposed amendments to the Zoning Regulations with
additional modifications.
Additional modifications may include prohibiting guest quarters in the City and only allowing
for Accessory Structures and Secondary Dwelling Units. Recent amendments to secondary
dwelling unit regulations (e.g. substantial impact fee reductions and allowing a third parking
space in the driveway) have significantly increased the number of eligible properties able to
accommodate a secondary dwelling unit. The Council may conclude that secondary dwelling
units should be the only allowed type of accessory living space, disallowing guest houses.
Attachment 4 includes a draft ordinance prohibiting guest houses.
Impacts associated with prohibiting guest houses include limiting a property owner’s ability to
provide accessory hobby/living space such as guest quarters, a pool house or an art studio and
would require any property owner interested in such accessory living space to develop a
secondary dwelling unit (which is more costly due to impact fees). Furthermore, guest house
prohibition would effectively change all existing permitted guest houses to legal non-
conforming status (per Zoning Regulations Chapters 17.10 & 17.14).
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Zoning Regulations Amendments – GPA 110-14 Page 6
2. The Council could reject all of the proposed modifications.
3. The Council could continue review of the proposed Zoning Regulations amendments, and
provide direction to staff for research and revisions.
ATTACHMENTS
1. Legislative Draft Zoning Regulations Text Amendments:
a. Draft Guest Quarters and Accessory Structure Amendments (Chapter 17.21)
b. Draft Amendments to Chapter 17.70 (Amendments)
c. Draft Definition Amendments: Accessory Structures, Bedroom, Guest Quarters
2. April 24, 2013, Planning Commission meeting minutes
3. Draft Ordinance introducing the text amendments
4. Draft Ordinance disallowing guest houses (pursuant to Alternative #1 above)
T:\Council Agenda Reports\2014\2014-07-01\Zoining Regs Amendments (Johnson-Carloni)\E-CAR Zoning Regulations.docx
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Attachment 1a
Chapter 17.21: Accessory Spaces Secondary Dwelling
Units
Sections:
17.21.010 Purpose.
17.21.0210 Definitions. Secondary Dwelling Units
17.21.0230 General requirements. Guest Quarters
17.21.0340 Performance standards. Accessory Structures
17.21.050 Procedure requirements.
17.21.060 Periodic review - Violations.
17.21.010 Purpose.
17.21.0120 Secondary Dwelling Units.
A. Purpose.
1. A. This chapter section is intended to implement Government Code Section 65852(.150)
and (.2), which allows the city to perform administrative architectural review and apply specific
development standards to secondary dwelling units in residential zones.
2. B. The city intends to regulate secondary dwelling units as permitted by Section 65852.2(a)
of the State Government Code, and other applicable sections.
3. C. The city recognizes opportunities to implement certain policies and programs of the city
housing element of the general plan by providing for and regulating secondary dwelling units.
4. D. Implementation of this chapter section is meant to expand housing opportunities for low-
income and moderate-income or elderly households by increasing the number of rental units
available within existing neighborhoods. Secondary dwelling units are intended to provide livable
housing at lower cost while providing greater security, companionship and family support for the
occupants.
B. 17.21.020 Definitions.
For the purpose of this chapter section, the following words and phrases have the meanings given them
in this section:
1. A. “Administrative use permit” is defined as defined by Chapter 17.58 of this code.
2. B. “Director” means the director of the community development department or his designate.
3. C. “Nonconforming lot” is defined as defined by Chapter 17.12 of this code.
4. D. “Nonconforming use” is defined as defined by Chapter 17.10 of this code.
5. E. “Primary unit” means an existing single-family residential structure that conforms with all
zoning regulations in effect, including this chapter section.
6. F. “Secondary dwelling unit” means an attached or detached dwelling unit which provides
complete independent living facilities for one or more persons and complies with all provisions of
this chapter section. It shall include permanent provisions for living, sleeping, eating, cooking and
sanitation on the same parcel as the primary unit is sited.
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Page 2 Attachment 1a
7. G. Studio means a one-room dwelling unit with not more than 450 square feet of gross floor
area as defined in Section 17.100.
C. 17.21.030 General requirements.
1. A. Application. Where this chapter section does not contain a particular type of standard or
procedure, conventional zoning standards and procedures shall apply.
2. B. Areas Where Secondary Dwelling Units Are Allowed. Upon meeting the requirements
of this section, secondary dwelling units may be established in the following zones: R-1, R-2, R-3,
R-4, and O, when the primary use on the site is a single-family dwelling.
3. C. Areas Prohibited. Secondary dwelling units shall not be allowed on non-conforming lots.
Secondary dwelling units shall not be established in any condominium or planned development
project unless specifically addressed in the planned development ordinance as adopted or
amended, or any mobile home subdivision, or trailer park, and under no circumstances shall a
secondary dwelling unit be allowed, where in the opinion of the director, a resource deficiency
exists as defined by Chapter 2.44 of this code. Secondary dwelling units shall not be allowed on
non-conforming lots.
4. D. Owner Occupancy. Either the primary unit or secondary dwelling unit must be owner-
occupied as an owner’s primary residence.
5. E. No Subdivision of Property. No subdivision of property shall be allowed where a
secondary dwelling unit has been established unless the subdivision meets all requirements of
zoning and subdivision regulations. Nothing in this section shall prohibit joint ownership of the
property where a secondary dwelling unit has been established.
6. F. Sale of Property. This section shall also apply to new owners of property where a
secondary dwelling unit has been established if the property is sold. All conditions of the use
permit, restrictive covenants and other contractual agreements with the city shall apply to the
property and new owners.
7. G. Unit Type Allowed. A secondary dwelling unit may be attached, detached or located
within the living area of the primary unit on the lot.
8. H. Size of Secondary Dwelling Unit. The gross floor area of the secondary dwelling unit
shall not exceed four hundred fifty square feet and shall meet the definition of a studio apartment
as defined by Section 17.100. The planning commission may authorize exception to this standard
by use permit upon finding that:
a. 1. The purpose of this chapter section is served;
b. 2. Strict compliance with the size limitation would (a) require significant structural
modifications that would not be required otherwise; or (b) adversely affect an historic or
architecturally significant building.
9. I. Secondary dwelling units are limited to 1 unit per qualifying property.
D. 17.21.040 Performance standards.
1. A. Design Standards. Secondary dwelling units shall conform to all applicable zoning
regulations such as height, yards, parking, building coverage, etc., except for density
requirements as defined by Zoning Regulations.
a. 1. Secondary dwelling units shall conform to all applicable building and construction codes.
b. 2. Nothing in this section prohibits applicants from requesting exceptions or variances from
the strict interpretation of Zoning Regulations to the extent allowed by said regulations for any
other use.
c. 3. Secondary dwelling units shall be designed as to provide separate living conditions and
provide a safe and convenient environment for the occupants.
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Page 3 Attachment 1a
d. 4. Secondary dwelling units should also be architecturally and functionally compatible with
the primary residence. (Ord. 1004 1 (part), 1984; prior code 9930)
e. 5. The height of second units should be consistent with surrounding residential structures.
Unless adequate setbacks justify otherwise, secondary dwelling units that result in two-story
construction shall be setback from the first floor to allow for solar access and reduced
overlook.
f. 6. Site planning: Secondary dwelling units should be located behind or above the existing
dwelling on the site. Designs that significantly alter the street appearance of the existing
residence shall be discouraged. The presence or design of the secondary dwelling unit per
se, will not justify granting development exceptions.
g. 7. Private Open Space: A minimum of 250 square feet of private open space must be
provided for secondary dwelling units exclusive of a minimum of 250 square feet to be
provided for the primary residence on the property. Private open space provided at ground
level must have a minimum dimension in every direction of at least 10 feet or 6 feet for
spaces above ground level on an elevated deck or balcony.
h. 8. Significant alterations to landform (grading in excess of 300 cubic yards) or removal of
native trees or significant landscape trees shall be discouraged for the placement of a
secondary dwelling unit.
i. 9. A landscape plan shall be required for new secondary dwelling units. A minimum 5-foot
wide landscape planter with screening shrubs shall separate parking areas from adjacent
properties. Landscape shrubs and trees shall be required for areas between secondary unit
and adjacent properties
j. 10. Parking: Secondary dwelling units that are 450 square feet or smaller shall require 1
parking space, regardless of zoning district. Parking for secondary dwelling units may be
provided within driveway areas consistent with 17.17.055 (Front yard parking). For two car
garages, parking for the primary dwelling may be provided in tandem to allow one parking
space in the driveway for the secondary dwelling unit. Agreement to maintain garage parking
for the tandem parking arrangement shall be reflected on building plans and a covenant
agreement shall be recorded noting the requirement to comply with this condition and
granting the City the right to inspect the premises for compliance. Secondary dwelling units
located on sites where the primary dwelling unit has a single car width driveway and garage
may be provided consistent with 17.17.055.D. (Single Car Garages and Single Car Parking).
k. 11. Alterations to designated historic properties or structures to allow new construction of a
secondary dwelling unit shall be reviewed by the Cultural Heritage Committee for consistency
with the Secretary of Interior Standards for treatment of a historic property.
E. 17.21.050 Procedure requirements.
Prior to filing building plans with the City Building Division, the following shall be met:
1. A. Architectural Review Required. All requests shall be reviewed for consistency with the
City’s Community Design Guidelines and architectural review ordinance. The director shall
determine, upon receiving complete application, whether the project shall be forwarded to the
Architectural Review Commission for review. All new development projects within Historic
Districts or within properties that contain designated historic structures shall be referred to the
Cultural Heritage Committee to be reviewed for consistency with Secretary of Interior Standards
for treatment of a historic property.
2. B. Application Contents. A Determination of Code Consistency shall be approved prior to
the submittal of documents requesting construction approval. No additional application fees for
architectural review shall be required.
3. C. Additional Requirements.
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Page 4 Attachment 1a
a. 1. Owners Agreement with the City. Prior to the issuance of construction permits a covenant
agreement shall be recorded which discloses the structure’s approved floor plan and status
as a “secondary dwelling unit” and agreeing that the property will be owner-occupied. 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. If owner
occupancy is not possible, then the use will terminate, and the structure will be returned to a
condition compliant with applicable regulations, to the satisfaction of the Director.
Owners Agreement with the City. The owner shall enter into an agreement with the city, on a
form approved by the city attorney and community development director, agreeing that the
property will be owner-occupied. Upon approval of a building permit, this agreement shall be
recorded in the office of the county recorder to provide constructive notice to all future owners
of the property of the use and owner occupancy restrictions affecting the property. If owner
occupancy is not possible, then the use will terminate, and the structure will be returned to its
original condition to the satisfaction of the director.
4. D. Appeal. Appeal procedures for this section shall be as provided by chapter 2.48.080
(Appeals-Architectural Review).
F. 17.21.060 Violations.
Violation of any of the provisions shall be basic code enforcement action.
17.21.020 Guest Quarters.
A. Purpose and Intent.
1. The purpose of this section is to establish regulations for the development of guest quarters as an
approved accessory use to a primary residential unit.
2. Regulations on guest quarters are established to prevent conversion of guest quarters into
unpermitted living space to ensure that such structures are not used as separate dwelling units.
3. Unpermitted conversion of guest quarters could result in effects detrimental to the public health,
safety, and welfare of the community, including but not limited to fire and life safety threats,
adverse neighborhood parking, traffic congestion and noise impacts, and creation of nuisances
related to increased, unpermitted residential density without appropriate permit conditions and
mitigations, and the maintenance of unsafe or unsanitary permanent living quarters not permitted
or intended to support primary residential uses.
B. Applicability.
1. This section applies to guest quarters as defined in section 17.100.G. “Guest Quarters” and
provided below:
a. Guest Quarters. A separate accessory space, attached or detached, which contains
bathroom facilities including toilets, bathing facilities, showers, or sinks but does not contain a
kitchen (see kitchen definition in section 17.100 K). Guest quarters may only be used in
conjunction with a primary residence that contains a kitchen and may consist of detached
structures or additions to primary structures. Guest quarters shall be no larger than 450
square feet. Guest quarters shall comply with the requirements of this section.
2. This section does not apply to legally established dwellings, or secondary dwelling units and
accessory structures which are separately defined in sections 17.21.010 and 17.21.030
respectively.
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Page 5 Attachment 1a
3. This section does not apply to legally established guest quarters (previously titled guest houses)
permitted prior to the effective date of this ordinance (August 14, 2014).
C. General Requirements.
1. Guest quarters shall conform to all applicable zoning regulations such as height, yards, parking,
building coverage, etc., and shall be subject to the following provisions:
a. Density and Size. The structure must be consistent with density provisions and development
standards of the underlying zone. For the purposes of calculating density in multi-family
zones, guest quarters will be considered an additional bedroom, accessory to the primary
unit. The structure may not exceed 450 square feet and shall remain in an open floor plan
(studio configuration).
b. Areas where guest quarters may be allowed. Upon meeting the requirements in this
section, guest quarters may be established in the following zones: R-1, R-2, R-3, R-4, and O,
when the primary use on the site is a single-family dwelling.
c. Areas prohibited. Guest quarters shall not be allowed on non-conforming lots. Guest
quarters shall not be established in any condominium or planned development project unless
specifically addressed in the planned development ordinance as adopted or amended, or any
mobile home subdivision or trailer park.
d. Owner Occupancy. The property must be occupied by the property owner as the owner’s
primary place of residence. If a property can no longer be occupied as the owner’s primary
place of residence, the guest quarters may continue to be used as habitable space (e.g.
office, pool house, art studio) but can no longer be used as overnight sleeping quarters,
e. No separate rental. Guest quarters may not be rented separately from the primary dwelling
unit.
f. No kitchen facilities. No facilities meeting the definition of a “Kitchen” in 17.100.K. may be
installed and plumbing shall be provided for bathroom use only. No plumbing may be
provided to “wet bars”, dishwashers, or any features which could be used for a kitchen. Plans
approved for construction of guest quarters shall not include countertops or plumbing
designed for subsequent installation of sinks, dishwashers, garbage disposals, or any other
features consistent with the definition of a “Kitchen”.
D. Procedure Requirements.
Prior to filing building plans with the City Building Division, the following shall be met:
1. Architectural Review Required. All requests shall be reviewed for consistency with the City’s
Community Design Guidelines and architectural review ordinance. The Director shall determine,
upon receiving a complete application, whether the project shall be forwarded to the Architectural
Review Commission for review. All new development projects within Historic Districts or within
properties that contain designated historic structures shall be referred to the Cultural Heritage
Committee to be reviewed for consistency with Secretary of Interior Standards for treatment of a
historic property.
2. Application Contents. A Guest Quarters Permit shall be approved by the Director prior to the
submittal of documents requesting construction approval. No additional application fees for
architectural review shall be required.
3. Additional Requirements.
a. Owners Agreement with the City. Prior to the issuance of construction permits a covenant
agreement shall be recorded which discloses the structure’s approved floor plan and status
as “guest quarters”, which cannot be used as an independent dwelling unit, and may only be
used in conjunction with the primary residence that contains 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
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Page 6 Attachment 1a
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. If a property can no longer be occupied as the
owner’s primary place of residence, the guest quarters may continue to be used as habitable
space (e.g. office, pool house, art studio) but can no longer be used as overnight sleeping
quarters,
E. Appeal. Appeal procedures for this section shall be as provided by Chapter 17.66 (Appeals).
17.21.030 Accessory Structures.
A. Purpose and Intent.
1. The purpose of this section is to establish regulations for the development of accessory structures
such as a garage, storage shed, or shop building as an approved accessory use.
2. Regulations on accessory structures are established to provide a distinction between non-
habitable 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 structures are not used as separate dwelling units.
3. Unpermitted conversion of accessory structures is detrimental to the public health, safety, and
welfare of the community.
B. Applicability.
1. This section applies to accessory structures as defined in section 17.100.A. “Accessory
Structures” and provided below:
a. Accessory structures. “Accessory structures” are located upon the same site as the
structure or use to which it is accessory. Accessory structures may consist of detached
structures or additions to primary structures. 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.
“Accessory structures” that include habitable space, as defined by the California Building
Code, shall be no larger than 450 square feet. Accessory structures shall comply with the
requirements of this section.
2. This section does not apply to legally established dwellings, or secondary dwelling units and
guest quarters which are separately defined in sections 17.21.010 and 17.21.020 respectively.
3. This section does not apply to legally established accessory structures permitted prior to the
effective date of this ordinance (August 14, 2014).
C. General Requirements.
1. Accessory structures shall conform to all applicable zoning regulations such as height, yards,
parking, building coverage, etc., and shall be subject to the following provisions:
a. 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.
D. Procedure Requirements.
1. Building Permit. Development of accessory structures require approval of a building permit from
the City’s Building Division.
a. Design Review. Plans submitted for a building permit will be reviewed for consistency with
the City’s Community Design Guidelines and architectural review ordinance.
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Page 7 Attachment 1a
2. Additional Requirements.
a. Owners Agreement with the City. Prior to the issuance of construction permits a covenant
agreement shall be recorded which discloses the structures 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.
E. Appeal. Appeal procedures for this section shall be as provided by Chapter 17.66 (Appeals).
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Attachment 1b
Chapter 17.70: Amendments
Sections:
17.70.010 Scope.
17.70.020 Initiation.
17.70.030 Planning Commission action.
17.70.040 Council action.
17.70.050 Annexation and prezoning.
17.70.060 Other requirements.
17.70.010 Scope.
An amendment to these regulations which changes any property from one zone to another
shall be adopted as set forth in Sections 17.70.020 through 17.70.060. Any other
amendment to these regulations may be adopted as other ordinances and amendments to
the Municipal Code are adopted. (Ord. 941 - 1 (part), 1982: prior code - 9204.7(A))
17.70.020 Initiation.
An amendment to these regulations may be initiated by:
A. A resolution of intention of the Planning Commission;
B. A resolution of intention of the City Council;
C. An application by the Director, or any other person or agency in the form prescribed by
the Director. (Ord. 941 -1 (part), 1982: prior code – 92014.7(B))
17.70.030 Planning Commission action.
A. Before taking any action on a proposed zone change, the Planning Commission shall
hold a public hearing. Notice of the time, date, place and purpose of the hearing shall
be given in each of the following ways at least 10 calendar days before the hearing:
1. Publication in a newspaper of general circulation within the city;
2. Posting each street frontage of the property to be rezoned, or the nearest street
access if the property does not abut a dedicated street;
3. First-class mail to owners of the property to be rezoned and of property within a
radius of 300 feet, as listed in the most recent annual revision of the County
Assessor's roll.
B. Failure to post or notify by mail shall not invalidate any amendments duly adopted.
C. If the Planning Commission approves a rezoning or denies a Council-initiated rezoning,
its action shall be a written recommendation to the Council, including any findings
required for approval.
D. If the Planning Commission denies a rezoning which it or a private party has initiated,
the action shall be final unless appealed. It shall be rendered in writing and shall state
the reasons for denial. (Ord. 941 - 1 (part), 1982: prior code - 9204.7(C))
17.70.040 Council action.
Before taking action on a recommendation of the Planning Commission, the Council shall
hold a public hearing for which notice shall be given as provided in Section 17.70.030.
(Ord. 941 - 1 (part), 1982: prior code - 9204.7(D))
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Page 2 Attachment 1b
17.70.050 Annexation and prezoning.
Any area annexed to the city shall be prezoned consist with the general plan or classified
C/OS until rezoned after annexation. (Ord. 941 - 1 (part), 1982; prior code - 9204.7(E))
17.70.060 Other requirements.
Procedures for prezoning and adoption of urgency interim regulations shall be as provided
in the California Government Code. Requirements for the scheduling of zoning hearings in
relation to general plan amendments, reports from the Planning Commission to the Council
upon referral, and all other matters not prescribed in greater detail in these regulations shall
be as provided in the Government Code. (Ord. 941 - 1 (part), 1982: prior code - 9204.7(F))
PH3 - 15
Attachment 1c
Chapter 17.100: Definitions
A. Definitions, "A."
Accessory structures. “Accessory structures” are located upon the same site as the structure or use
to which it is accessory. Accessory structures may consist of detached structures or additions to
primary structures if the addition’s floor plan does not include primary interior access from the main
dwelling unit through a hallway or common use room. 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.
“Accessory structures” that include habitable space, as defined by the California Building Code, shall
be no larger than 450 square feet. Accessory structures shall comply with the requirements of section
17.21.030.
B. Definitions, “B.”
Bedroom. Any space in a dwelling unit which contains a minimum of 70 square feet of floor area
unless it is one of the below listed rooms or common spaces. The “Bedroom” definition does not
include garages, attic space, or similar spaces which are not habitable such as foyers, storage
closets, utility rooms, or unfinished attics and basements. A room within a dwelling unit that is
designed for sleeping and consists of at least 70-square feet in area, has light, ventilation and egress
consistent with Building Code requirements and has less than a 50% open wall area with an adjoining
room.
The following rooms/common spaces which are adjacent and open to common areas are not
considered bedrooms:
Hallway; Den (see definition, 17.100.D.);
Bathroom; Loft (see definition for requirements, 17.100.L.);
Kitchen/Breakfast nook; Laundry room;
Living Room, Family room, Dining room;
The Director shall determine whether spaces which do not clearly meet the definition of a “bedroom”
meet the intent of this regulation or need to be forwarded to the Planning Commission for Use Permit
review.
Spaces (i.e. not bedrooms) established prior to (August 14, 2014) using the previous bedroom
definition (≥50% open wall area with an adjoining room) may remain and will not be considered
bedrooms consistent with floor plans approved with a building permit.
G. Definitions, "G."
Guest House Quarters. A separate accessory space, attached or detached, which contains
bathroom facilities including toilets, bathing facilities, showers, or sinks but does not contain a kitchen
(see kitchen definition in section 17.100 K). Guest quarters may only be used in conjunction with a
primary residence that contains a kitchen, and may consist of detached structures or additions to
primary structures. Guest quarters shall be no larger than 450 square feet. Guest quarters shall
comply with the requirements of section 17.21.020. A separate “accessory structure”, that is
designed, occupied, or intended for occupancy as sleeping and bathing quarters only, that does not
contain a kitchen, and is intended to be used in conjunction with a primary residence that contains a
kitchen. A guest house shall be no larger than 450 square feet.
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Attachment 2
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Attachment 2
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Attachment 2
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Attachment 2
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Attachment 3
ORDINANCE NO. #### (2014 Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SAN LUIS OBISPO AMENDING TITLE 17 (ZONING
REGULATIONS) OF THE MUNICIPAL CODE ASSOCIATED
WITH THE BEDROOM DEFINITION, GUEST QUARTERS AND
ACCESSORY STRUCTURE REGULATIONS AND ZONING
AMENDMENT INITIATIONS WITH A CATEGORICAL
EXEMPTION FROM ENVIRONMENTAL REVIEW
(GPA 110-14)
WHEREAS, the Planning Commission of the City of San Luis Obispo
conducted a public hearing in the Council Chamber of City Hall, 990 Palm Street, San
Luis Obispo, California, on April 24, 2013 (GPA 65-12) and April 9, 2014 (GPI 16-14
& 45-14: Amendment Initiations), and recommended approval of amendments to the
Municipal Code with the exception of guest house regulations and the bedroom
definition; and
WHEREAS, the City Council of the City of San Luis Obispo conducted a
public hearing in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo,
California, on July 2, 2013, and approved Municipal Code amendments recommended
by the Planning Commission on April 24, 2013 (GPA 65-12) and directing staff to
return to the City Council with modified language for guest houses and the bedroom
definition; and
WHEREAS, the City Council of the City of San Luis Obispo conducted a
public hearing in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo,
California, on July 1 , 2014, for the purpose of considering amendments to the
Municipal Code (GPA 110-14); and
WHEREAS, the City Council finds that the proposed text amendments are
consistent with the General Plan, the purposes of the Zoning Regulations, and other
applicable City ordinances; and
WHEREAS, notices of said public hearings were made at the time and in the
manner required by law; and
BE IT ORDAINED by the Council of the City of San Luis Obispo as follows:
SECTION 1. Environmental Determination. The project is exempt from
environmental review per CEQA Guidelines under the General Rule (Section 15061.b3.
Municipal Code amendments included in Sections 3 through 7 of this ordinance are
summarized below which conclude that it can be seen with certainty that proposed
amendments to the Municipal Code could not have a significant effect on the
environment:
Sections 3 & 4. Modifications to Zoning Code definitions including guest
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Ordinance No. #### (2014 Series) Attachment 3
GPA 110-14
Page 2
quarters, accessory structures, and bedrooms provide additional clarification in the
meaning of existing definitions and added definitions will assist users of the Zoning
Regulations, including staff and members of the public in interpreting existing
regulations and have no potential to have a significant effect on the environment.
Sections 5 & 6. Establishment of regulations for Guest Quarters and Accessory
Structures will not have a significant effect on the environment since the regulations
consist of performance standards and review process for regulating such uses and
associated development must comply with all existing Zoning Regulations including
zoning, density, height, setbacks, and other requirements. The proposed amendments
have no potential for a significant effect on the environment.
Sections 7. The modification of provisions for initiation of General Plan
Amendments and Zoning Amendments will not have a significant effect on the
environment since this change is consistent with standard practice that direction to
initiate these actions is provided by authorization from an approved entity. Modifying
current regulations to include the Community Development Director and Planning
Commission’s authority to initiate General Plan and Zoning Amendments could not
have a significant effect on the environment.
SECTION 2. Findings. Based upon all the evidence, the Council makes the
following findings:
1. The proposed amendments will not significantly alter the character of the City
or cause significant health, safety or welfare concerns, since the amendments
are consistent with the General Plan and directly implement City goals and
policies.
2. The Zoning Text change to the list of entities eligible to initiate Zoning
Amendments is consistent with the Community Development Department’s
Organizational Assessment and the City Economic Development Strategic Plan,
both of which call for streamlining the development review process.
3. Periodic amendments, updates, and corrections of the Municipal Code are
consistent with General Plan Policy to maintain regulations which are effective
in implementing policies consistent with the General Plan.
4. The project is exempt from environmental review under section 15061.b3 of the
CEQA Guidelines as detailed in Section 1 above.
SECTION 3. Chapter 17.100. “Definitions, A.” (Accessory structures) of the
City of San Luis Obispo’s Municipal Code is amended to read as follows:
Accessory structures. “Accessory structures” are located upon the same site as the structure or
use to which it is accessory. Accessory structures may consist of detached structures or
additions to primary structures. 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. “Accessory
structures” that include habitable space, as defined by the California Building Code, shall be no
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Ordinance No. #### (2014 Series) Attachment 3
GPA 110-14
Page 3
larger than 450 square feet. Accessory structures shall comply with the requirements of section
17.21.030.
SECTION 4. Chapter 17.100. “Definitions, B.” (Bedroom) of the City of San
Luis Obispo’s Municipal Code is amended to read as follows:
Bedroom. Any space in a dwelling unit which contains a minimum of 70 square feet of floor
area unless it is one of the below listed rooms or common spaces. The “Bedroom” definition
does not include garages, attic space, or similar spaces which are not habitable such as foyers,
storage closets, utility rooms, or unfinished attics and basements.
The following rooms/common spaces which are adjacent and open to common areas are not
considered bedrooms:
Hallway; Den (see definition, 17.100.D.);
Bathroom; Loft (see definition for requirements, 17.100.L.);
Kitchen/Breakfast nook; Laundry room;
Living Room, Family room, Dining room;
The Director shall determine whether spaces which do not clearly meet the definition of a
“bedroom” meet the intent of this regulation or need to be forwarded to the Planning
Commission for Use Permit review.
Spaces (i.e. not bedrooms) established prior to (August 14, 2014) using the previous bedroom
definition (≥50% open wall area with an adjoining room) may remain and will not be
considered bedrooms consistent with floor plans approved with a building permit.
SECTION 5. Chapter 17.100. “Definitions, G.” (Guest House) of the City of
San Luis Obispo’s Municipal Code is amended to read as follows:
Guest Quarters. A separate accessory space, attached or detached, which contains bathroom
facilities including toilets, bathing facilities, showers, or sinks but does not contain a kitchen
(see kitchen definition in section 17.100 K). Guest quarters may only be used in conjunction
with a primary residence that contains a kitchen, and may consist of detached structures or
additions to primary structures. Guest quarters shall be no larger than 450 square feet. Guest
quarters shall comply with the requirements of section 17.21.020.
SECTION 6. Chapter 17.21 (Secondary Dwelling Units) of the City of San
Luis Obispo’s Municipal Code is hereby repealed and replaced to read as follows:
Chapter 17.21: Accessory Spaces
Sections:
17.21.010 Secondary Dwelling Units
17.21.020 Guest Quarters
17.21.030 Accessory Structures
17.21.010 Secondary Dwelling Units.
A. Purpose.
1. This section is intended to implement Government Code Section 65852(.150) and (.2), which
allows the city to perform administrative architectural review and apply specific development
standards to secondary dwelling units in residential zones.
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Ordinance No. #### (2014 Series) Attachment 3
GPA 110-14
Page 4
2. The city intends to regulate secondary dwelling units as permitted by Section 65852.2(a) of the
State Government Code, and other applicable sections.
3. The city recognizes opportunities to implement certain policies and programs of the city
housing element of the general plan by providing for and regulating secondary dwelling units.
4. Implementation of this section is meant to expand housing opportunities for low-income and
moderate-income or elderly households by increasing the number of rental units available
within existing neighborhoods. Secondary dwelling units are intended to provide livable
housing at lower cost while providing greater security, companionship and family support for
the occupants.
B. Definitions.
For the purpose of this section, the following words and phrases have the meanings given them in this
section:
1. “Administrative use permit” is defined as defined by Chapter 17.58 of this code.
2. “Director” means the director of the community development department or his designate.
3. “Nonconforming lot” is defined as defined by Chapter 17.12 of this code.
4. “Nonconforming use” is defined as defined by Chapter 17.10 of this code.
5. “Primary unit” means an existing single-family residential structure that conforms with all
zoning regulations in effect, including this section.
6. “Secondary dwelling unit” means an attached or detached dwelling unit which provides
complete independent living facilities for one or more persons and complies with all provisions
of this section. It shall include permanent provisions for living, sleeping, eating, cooking and
sanitation on the same parcel as the primary unit is sited.
7. Studio means a one-room dwelling unit with not more than 450 square feet of gross floor area as
defined in Section 17.100.
C. General requirements.
1. Application. Where this section does not contain a particular type of standard or procedure,
conventional zoning standards and procedures shall apply.
2. Areas Where Secondary Dwelling Units Are Allowed. Upon meeting the requirements of this
section, secondary dwelling units may be established in the following zones: R-1, R-2, R-3, R-4,
and O, when the primary use on the site is a single-family dwelling.
3. Areas Prohibited. Secondary dwelling units shall not be allowed on non-conforming lots.
Secondary dwelling units shall not be established in any condominium or planned development
project unless specifically addressed in the planned development ordinance as adopted or
amended, or any mobile home subdivision, or trailer park, and under no circumstances shall a
secondary dwelling unit be allowed, where in the opinion of the director, a resource deficiency
exists as defined by Chapter 2.44 of this code.
4. Owner Occupancy. Either the primary unit or secondary dwelling unit must be owner-occupied
as an owner’s primary residence.
5. No Subdivision of Property. No subdivision of property shall be allowed where a secondary
dwelling unit has been established unless the subdivision meets all requirements of zoning and
subdivision regulations. Nothing in this section shall prohibit joint ownership of the property
where a secondary dwelling unit has been established.
6. Sale of Property. This section shall also apply to new owners of property where a secondary
dwelling unit has been established if the property is sold. All conditions of the use permit,
restrictive covenants and other contractual agreements with the city shall apply to the property
and new owners.
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Ordinance No. #### (2014 Series) Attachment 3
GPA 110-14
Page 5
7. Unit Type Allowed. A secondary dwelling unit may be attached, detached or located within the
living area of the primary unit on the lot.
8. Size of Secondary Dwelling Unit. The gross floor area of the secondary dwelling unit shall not
exceed four hundred fifty square feet and shall meet the definition of a studio apartment as
defined by Section 17.100. The planning commission may authorize exception to this standard
by use permit upon finding that:
a. The purpose of this section is served;
b. Strict compliance with the size limitation would (a) require significant structural
modifications that would not be required otherwise; or (b) adversely affect an historic or
architecturally significant building.
9. Secondary dwelling units are limited to 1 unit per qualifying property.
D. Performance standards.
1. Design Standards. Secondary dwelling units shall conform to all applicable zoning regulations
such as height, yards, parking, building coverage, etc., except for density requirements as
defined by Zoning Regulations.
a. Secondary dwelling units shall conform to all applicable building and construction codes.
b. Nothing in this section prohibits applicants from requesting exceptions or variances from
the strict interpretation of Zoning Regulations to the extent allowed by said regulations for
any other use.
c. Secondary dwelling units shall be designed as to provide separate living conditions and
provide a safe and convenient environment for the occupants.
d. Secondary dwelling units should also be architecturally and functionally compatible with
the primary residence. (Ord. 1004 1 (part), 1984; prior code 9930)
e. The height of second units should be consistent with surrounding residential structures.
Unless adequate setbacks justify otherwise, secondary dwelling units that result in two-
story construction shall be setback from the first floor to allow for solar access and reduced
overlook.
f. Site planning: Secondary dwelling units should be located behind or above the existing
dwelling on the site. Designs that significantly alter the street appearance of the existing
residence shall be discouraged. The presence or design of the secondary dwelling unit per
se, will not justify granting development exceptions.
g. Private Open Space: A minimum of 250 square feet of private open space must be
provided for secondary dwelling units exclusive of a minimum of 250 square feet to be
provided for the primary residence on the property. Private open space provided at ground
level must have a minimum dimension in every direction of at least 10 feet or 6 feet for
spaces above ground level on an elevated deck or balcony.
h. Significant alterations to landform (grading in excess of 300 cubic yards) or removal of
native trees or significant landscape trees shall be discouraged for the placement of a
secondary dwelling unit.
i. A landscape plan shall be required for new secondary dwelling units. A minimum 5-foot
wide landscape planter with screening shrubs shall separate parking areas from adjacent
properties. Landscape shrubs and trees shall be required for areas between secondary unit
and adjacent properties
j. Parking: Secondary dwelling units that are 450 square feet or smaller shall require 1
parking space, regardless of zoning district. Parking for secondary dwelling units may be
provided within driveway areas consistent with 17.17.055 (Front yard parking). For two car
garages, parking for the primary dwelling may be provided in tandem to allow one parking
space in the driveway for the secondary dwelling unit. Agreement to maintain garage
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Ordinance No. #### (2014 Series) Attachment 3
GPA 110-14
Page 6
parking for the tandem parking arrangement shall be reflected on building plans and a
covenant agreement shall be recorded noting the requirement to comply with this condition
and granting the City the right to inspect the premises for compliance. Secondary dwelling
units located on sites where the primary dwelling unit has a single car width driveway and
garage may be provided consistent with 17.17.055.D. (Single Car Garages and Single Car
Parking).
k. Alterations to designated historic properties or structures to allow new construction of a
secondary dwelling unit shall be reviewed by the Cultural Heritage Committee for
consistency with the Secretary of Interior Standards for treatment of a historic property.
E. Procedure requirements.
Prior to filing building plans with the City Building Division, the following shall be met:
1. Architectural Review Required. All requests shall be reviewed for consistency with the City’s
Community Design Guidelines and architectural review ordinance. The director shall determine,
upon receiving complete application, whether the project shall be forwarded to the Architectural
Review Commission for review. All new development projects within Historic Districts or
within properties that contain designated historic structures shall be referred to the Cultural
Heritage Committee to be reviewed for consistency with Secretary of Interior Standards for
treatment of a historic property.
2. Application Contents. A Determination of Code Consistency shall be approved prior to the
submittal of documents requesting construction approval. No additional application fees for
architectural review shall be required.
3. Additional Requirements.
a. Owners Agreement with the City. Prior to the issuance of construction permits a covenant
agreement shall be recorded which discloses the structure’s approved floor plan and status
as a “secondary dwelling unit” and agreeing that the property will be owner-occupied. 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. If owner
occupancy is not possible, then the use will terminate, and the structure will be returned to a
condition compliant with applicable regulations, to the satisfaction of the Director.
4. Appeal. Appeal procedures for this section shall be as provided by chapter 2.48.080 (Appeals-
Architectural Review).
F. Violations.
Violation of any of the provisions shall be basic code enforcement action.
17.21.020 Guest Quarters.
A. Purpose and Intent.
1. The purpose of this section is to establish regulations for the development of guest quarters as
an approved accessory use to a primary residential unit.
2. Regulations on guest quarters are established to prevent conversion of guest quarters into
unpermitted living space to ensure that such structures are not used as separate dwelling units.
3. Unpermitted conversion of guest quarters could result in effects detrimental to the public health,
safety, and welfare of the community, , including but not limited to fire and life safety threats,
adverse neighborhood parking, traffic congestion and noise impacts, and creation of nuisances
related to increased, unpermitted residential density without appropriate permit conditions and
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Ordinance No. #### (2014 Series) Attachment 3
GPA 110-14
Page 7
mitigations, and the maintenance of unsafe or unsanitary permanent living quarters not
permitted or intended to support primary residential uses.
B. Applicability.
1. This section applies to guest quarters as defined in section 17.100.G. “Guest Quarters” and
provided below:
a. Guest Quarters. A separate accessory space, attached or detached, which contains
bathroom facilities including toilets, bathing facilities, showers, or sinks but does not
contain a kitchen (see kitchen definition in section 17.100 K). Guest quarters may only be
used in conjunction with a primary residence that contains a kitchen and may consist of
detached structures or additions to primary structures. Guest quarters shall be no larger than
450 square feet. Guest quarters shall comply with the requirements of this section.
2. This section does not apply to legally established dwellings, or secondary dwelling units and
accessory structures which are separately defined in sections 17.21.010 and 17.21.030
respectively.
3. This section does not apply to legally established guest quarters (previously titled guest houses)
permitted prior to the effective date of this ordinance (August 14, 2014).
C. General Requirements.
1. Guest quarters shall conform to all applicable zoning regulations such as height, yards, parking,
building coverage, etc., and shall be subject to the following provisions:
a. Density and Size. The structure must be consistent with density provisions and
development standards of the underlying zone. For the purposes of calculating density in
multi-family zones, guest quarters will be considered an additional bedroom, accessory to
the primary unit. The structure may not exceed 450 square feet and shall remain in an open
floor plan (studio configuration).
b. Areas where guest quarters may be allowed. Upon meeting the requirements in this
section, guest quarters may be established in the following zones: R-1, R-2, R-3, R-4, and
O, when the primary use on the site is a single-family dwelling.
c. Areas prohibited. Guest quarters shall not be allowed on non-conforming lots. Guest
quarters shall not be established in any condominium or planned development project
unless specifically addressed in the planned development ordinance as adopted or amended,
or any mobile home subdivision or trailer park.
d. Owner Occupancy. The property must be occupied by the property owner as the owner’s
primary place of residence. If a property can no longer be occupied as the owner’s primary
place of residence, the guest quarters may continue to be used as habitable space (e.g.
office, pool house, art studio) but can no longer be used as overnight sleeping quarters.
e. No separate rental. Guest quarters may not be rented separately from the primary dwelling
unit.
f. No kitchen facilities. No facilities meeting the definition of a “Kitchen” in 17.100.K. may
be installed and plumbing shall be provided for bathroom use only. No plumbing may be
provided to “wet bars”, dishwashers, or any features which could be used for a kitchen.
Plans approved for construction of guest quarters shall not include countertops or plumbing
designed for subsequent installation of sinks, dishwashers, garbage disposals, or any other
features consistent with the definition of a “Kitchen”.
D. Procedure Requirements.
Prior to filing building plans with the City Building Division, the following shall be met:
1. Architectural Review Required. All requests shall be reviewed for consistency with the City’s
Community Design Guidelines and architectural review ordinance. The Director shall
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Ordinance No. #### (2014 Series) Attachment 3
GPA 110-14
Page 8
determine, upon receiving a complete application, whether the project shall be forwarded to the
Architectural Review Commission for review. All new development projects within Historic
Districts or within properties that contain designated historic structures shall be referred to the
Cultural Heritage Committee to be reviewed for consistency with Secretary of Interior
Standards for treatment of a historic property.
2. Application Contents. A Guest Quarters Permit shall be approved by the Director prior to the
submittal of documents requesting construction approval. No additional application fees for
architectural review shall be required.
3. Additional Requirements.
a. Owners Agreement with the City. Prior to the issuance of construction permits a covenant
agreement shall be recorded which discloses the structure’s approved floor plan and status
as “guest quarters”, which cannot be used as an independent dwelling unit, and may only be
used in conjunction with the primary residence that contains 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. If a property can no longer be occupied as the
owner’s primary place of residence, the guest quarters may continue to be used as habitable
space (e.g. office, pool house, art studio) but can no longer be used as overnight sleeping
quarters.
E. Appeal. Appeal procedures for this section shall be as provided by Chapter 17.66 (Appeals).
17.21.030 Accessory Structures.
A. Purpose and Intent.
1. The purpose of this section is to establish regulations for the development of accessory
structures such as a garage, storage shed, or shop building as an approved accessory use.
2. Regulations on accessory structures are established to provide a distinction between non-
habitable 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 structures are not used as separate dwelling units.
3. Unpermitted conversion of accessory structures is detrimental to the public health, safety, and
welfare of the community.
B. Applicability.
1. This section applies to accessory structures as defined in section 17.100.A. “Accessory
Structures” and provided below:
a. Accessory structures. “Accessory structures” are located upon the same site as the
structure or use to which it is accessory. Accessory structures may consist of detached
structures or additions to primary structures. 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.
“Accessory structures” that include habitable space, as defined by the California Building
Code, shall be no larger than 450 square feet. Accessory structures shall comply with the
requirements of this section.
2. This section does not apply to legally established dwellings, or secondary dwelling units and
guest quarters which are separately defined in sections 17.21.010 and 17.21.020 respectively.
3. This section does not apply to legally established accessory structures permitted prior to the
effective date of this ordinance (August 14, 2014).
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GPA 110-14
Page 9
C. General Requirements.
1. Accessory structures shall conform to all applicable zoning regulations such as height, yards,
parking, building coverage, etc., and shall be subject to the following provisions:
a. 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.
D. Procedure Requirements.
1. Building Permit. Development of accessory structures require approval of a building permit
from the City’s Building Division.
a. Design Review. Plans submitted for a building permit will be reviewed for consistency
with the City’s Community Design Guidelines and architectural review ordinance.
2. Additional Requirements.
a. Owners Agreement with the City. Prior to the issuance of construction permits a covenant
agreement shall be recorded which discloses the structures 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.
E. Appeal. Appeal procedures for this section shall be as provided by Chapter 17.66 (Appeals).
SECTION 7. Zoning Regulations section 17.70.020 (Initiation) of the City of
San Luis Obispo’s Municipal Code is hereby replaced and amended to read as follows:
17.70.020 Initiation.
An amendment to these regulations may be initiated by:
A. A resolution of intention of the Planning Commission
B. A resolution of intention of the City Council;
C. An application by the Director, or any other person or agency in the form prescribed by the
Director. (Ord. 941 -1 (part), 1982: prior code – 92014.7(B))
SECTION 8. Severability. If any subdivision, paragraph, sentence, clause, or
phrase of this ordinance is, for any reason, held to be invalid or unenforceable by a
court of competent jurisdiction, such invalidity or unenforceability shall not affect the
validity or enforcement of the remaining portions of this ordinance, or any other
provisions of the City’s rules and regulations. It is the City’s express intent that each
remaining portion would have been adopted irrespective of the fact that any one or
more subdivisions, paragraphs, sentences, clauses, or phrases be declared invalid or
unenforceable.
SECTION 9. A summary of this ordinance, together with the names of Council
members voting for and against, shall be published at least five (5) days prior to its
final passage, in The Tribune, a newspaper published and circulated in this City. This
ordinance shall go into effect at the expiration of thirty (30) days after its final passage.
PH3 - 29
Ordinance No. #### (2014 Series) Attachment 3
GPA 110-14
Page 10
INTRODUCED on the_______ day of _____, 2014, AND FINALLY
ADOPTED by the Council of the City of San Luis Obispo on the______ day
of______, 2014, on the following vote:
AYES:
NOES:
ABSENT:
Jan Howell Marx, Mayor
ATTEST:
Anthony J. Mejia, City Clerk
APPROVED AS TO FORM:
Christine Dietrick, City Attorney
PH3 - 30
Attachment 4
ORDINANCE NO. #### (2014 Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SAN LUIS OBISPO AMENDING TITLE 17 (ZONING
REGULATIONS) OF THE MUNICIPAL CODE TO PROHIBIT
ESTABLISHMENT OF GUEST HOUSES AND AMENDING
REGULATIONS ASSOCIATED WITH THE BEDROOM
DEFINITION, ACCESSORY STRUCTURES, AND ZONING
AMENDMENT INITIATIONS WITH A CATEGORICAL
EXEMPTION FROM ENVIRONMENTAL REVIEW
(GPA 110-14)
WHEREAS, the Planning Commission of the City of San Luis Obispo
conducted a public hearing in the Council Chamber of City Hall, 990 Palm Street, San
Luis Obispo, California, on April 24, 2013 (GPA 65-12) and April 9, 2014 (GPI 16-14
& 45-14: Amendment Initiations), and recommended approval of amendments to the
Municipal Code with the exception of guest house regulations and the bedroom
definition; and
WHEREAS, the City Council of the City of San Luis Obispo conducted a
public hearing in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo,
California, on July 2 , 2013, and approved Municipal Code amendments recommended
by the Planning Commission on April 24, 2013 (GPA 65-12) and directing staff to
return to the City Council with modified language for guest houses and the bedroom
definition; and
WHEREAS, the City Council of the City of San Luis Obispo conducted a
public hearing in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo,
California, on July 1 , 2014, for the purpose of considering amendments to the
Municipal Code (GPA 110-14); and
WHEREAS, the City Council finds that the proposed text amendments are
consistent with the General Plan, the purposes of the Zoning Regulations, and other
applicable City ordinances; and
WHEREAS, notices of said public hearings were made at the time and in the
manner required by law; and
BE IT ORDAINED by the Council of the City of San Luis Obispo as follows:
SECTION 1. Environmental Determination. The project is exempt from
environmental review per CEQA Guidelines under the General Rule (Section 15061.b3.
Municipal Code amendments included in Sections 3 through 7 of this ordinance are
summarized below which conclude that it can be seen with certainty that proposed
amendments to the Municipal Code could not have a significant effect on the
environment:
Sections 3 & 4. Modifications to Zoning Code definitions including accessory
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Ordinance No. #### (2014 Series) Attachment 4
GPA 110-14
Page 2
structures and bedrooms provide additional clarification in the meaning of existing
definitions and added definitions will assist users of the Zoning Regulations, including
staff and members of the public in interpreting existing regulations and have no
potential to have a significant effect on the environment.
Sections 6. Establishment of regulations for Accessory Structures will not have
a significant effect on the environment since the regulations consist of performance
standards and review process for regulating such uses and associated development must
comply with all existing Zoning Regulations including zoning, density, height,
setbacks, and other requirements. The proposed amendments have no potential for a
significant effect on the environment.
Sections 5 & 7. Removing the guest house definition and prohibiting
establishment of guest houses in all zones results in no use establishment or
construction. The proposed amendments have no potential for a significant effect on the
environment.
Sections 8. The modification of provisions for initiation of General Plan
Amendments and Zoning Amendments will not have a significant effect on the
environment since this change is consistent with standard practice that direction to
initiate these actions is provided by authorization from an approved entity. Modifying
current regulations to include the Community Development Director and Planning
Commission’s authority to initiate General Plan and Zoning Amendments could not
have a significant effect on the environment.
SECTION 2. Findings. Based upon all the evidence, the Council makes the
following findings:
1. The proposed amendments will not significantly alter the character of the City
or cause significant health, safety or welfare concerns, since the amendments
are consistent with the General Plan and directly implement City goals and
policies.
2. The Zoning Text change to the list of entities eligible to initiate Zoning
Amendments is consistent with the Community Development Department’s
Organizational Assessment and the City Economic Development Strategic Plan,
both of which call for streamlining the development review process.
3. The proposed amendments prohibiting establishment of guest houses prevents
the illegal use/conversion of guest houses into dwelling units.
4. Periodic amendments, updates, and corrections of the Municipal Code are
consistent with General Plan Policy to maintain regulations which are effective
in implementing policies consistent with the General Plan.
5. The project is exempt from environmental review under section 15061.b3 of the
CEQA Guidelines as detailed in Section 1 above.
PH3 - 32
Ordinance No. #### (2014 Series) Attachment 4
GPA 110-14
Page 3
SECTION 3. Chapter 17.100. “Definitions, A.” (Accessory structures) of the
City of San Luis Obispo’s Municipal Code is amended to read as follows:
Accessory structures. “Accessory structures” are located upon the same site as the structure or
use to which it is accessory. Accessory structures may consist of detached structures or
additions to primary structures. 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. “Accessory
structures” that include habitable space, as defined by the California Building Code, shall be no
larger than 450 square feet. Accessory structures shall comply with the requirements of section
17.21.030.
SECTION 4. Chapter 17.100. “Definitions, B.” (Bedroom) of the City of San
Luis Obispo’s Municipal Code is amended to read as follows:
Bedroom. Any space in a dwelling unit which contains a minimum of 70 square feet of floor
area unless it is one of the below listed rooms or common spaces. The “Bedroom” definition
does not include garages, attic space, or similar spaces which are not habitable such as foyers,
storage closets, utility rooms, or unfinished attics and basements.
The following rooms/common spaces which are adjacent and open to common areas are not
considered bedrooms:
Hallway; Den (see definition, 17.100.D.);
Bathroom; Loft (see definition for requirements, 17.100.L.);
Kitchen/Breakfast nook; Laundry room;
Living Room, Family room, Dining room;
The Director shall determine whether spaces which do not clearly meet the definition of a
“bedroom” meet the intent of this regulation or need to be forwarded to the Planning
Commission for Use Permit review.
Spaces (i.e. not bedrooms) established prior to (August 14, 2014) using the previous bedroom
definition (≥50% open wall area with an adjoining room) may remain and will not be considered
bedrooms consistent with floor plans approved with a building permit.
SECTION 5. Chapter 17.100. “Definitions, G.” (Guest House) is hereby
repealed and removed from the City of San Luis Obispo’s Municipal Code.
SECTION 6. Chapter 17.21 (Secondary Dwelling Units) of the City of San
Luis Obispo’s Municipal Code is hereby repealed and replaced to read as follows:
Chapter 17.21: Accessory Spaces
Sections:
17.21.010 Secondary Dwelling Units
17.21.020 Accessory Structures
17.21.010 Secondary Dwelling Units.
A. Purpose.
1. This section is intended to implement Government Code Section 65852(.150) and (.2), which
allows the city to perform administrative architectural review and apply specific development
standards to secondary dwelling units in residential zones.
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Ordinance No. #### (2014 Series) Attachment 4
GPA 110-14
Page 4
2. The city intends to regulate secondary dwelling units as permitted by Section 65852.2(a) of the
State Government Code, and other applicable sections.
3. The city recognizes opportunities to implement certain policies and programs of the city housing
element of the general plan by providing for and regulating secondary dwelling units.
4. Implementation of this section is meant to expand housing opportunities for low-income and
moderate-income or elderly households by increasing the number of rental units available
within existing neighborhoods. Secondary dwelling units are intended to provide livable
housing at lower cost while providing greater security, companionship and family support for
the occupants.
B. Definitions.
For the purpose of this section, the following words and phrases have the meanings given them in this
section:
1. “Administrative use permit” is defined as defined by Chapter 17.58 of this code.
2. “Director” means the director of the community development department or his designate.
3. “Nonconforming lot” is defined as defined by Chapter 17.12 of this code.
4. “Nonconforming use” is defined as defined by Chapter 17.10 of this code.
5. “Primary unit” means an existing single-family residential structure that conforms with all
zoning regulations in effect, including this section.
6. “Secondary dwelling unit” means an attached or detached dwelling unit which provides
complete independent living facilities for one or more persons and complies with all provisions
of this section. It shall include permanent provisions for living, sleeping, eating, cooking and
sanitation on the same parcel as the primary unit is sited.
7. Studio means a one-room dwelling unit with not more than 450 square feet of gross floor area as
defined in Section 17.100.
C. General requirements.
1. Application. Where this section does not contain a particular type of standard or procedure,
conventional zoning standards and procedures shall apply.
2. Areas Where Secondary Dwelling Units Are Allowed. Upon meeting the requirements of this
section, secondary dwelling units may be established in the following zones: R-1, R-2, R-3, R-4,
and O, when the primary use on the site is a single-family dwelling.
3. Areas Prohibited. Secondary dwelling units shall not be allowed on non-conforming lots.
Secondary dwelling units shall not be established in any condominium or planned development
project unless specifically addressed in the planned development ordinance as adopted or
amended, or any mobile home subdivision, or trailer park, and under no circumstances shall a
secondary dwelling unit be allowed, where in the opinion of the director, a resource deficiency
exists as defined by Chapter 2.44 of this code.
4. Owner Occupancy. Either the primary unit or secondary dwelling unit must be owner-occupied
as an owner’s primary residence.
5. No Subdivision of Property. No subdivision of property shall be allowed where a secondary
dwelling unit has been established unless the subdivision meets all requirements of zoning and
subdivision regulations. Nothing in this section shall prohibit joint ownership of the property
where a secondary dwelling unit has been established.
6. Sale of Property. This section shall also apply to new owners of property where a secondary
dwelling unit has been established if the property is sold. All conditions of the use permit,
restrictive covenants and other contractual agreements with the city shall apply to the property
and new owners.
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Ordinance No. #### (2014 Series) Attachment 4
GPA 110-14
Page 5
7. Unit Type Allowed. A secondary dwelling unit may be attached, detached or located within the
living area of the primary unit on the lot.
8. Size of Secondary Dwelling Unit. The gross floor area of the secondary dwelling unit shall not
exceed four hundred fifty square feet and shall meet the definition of a studio apartment as
defined by Section 17.100. The planning commission may authorize exception to this standard
by use permit upon finding that:
a. The purpose of this section is served;
b. Strict compliance with the size limitation would (a) require significant structural
modifications that would not be required otherwise; or (b) adversely affect an historic or
architecturally significant building.
9. Secondary dwelling units are limited to 1 unit per qualifying property.
D. Performance standards.
1. Design Standards. Secondary dwelling units shall conform to all applicable zoning regulations
such as height, yards, parking, building coverage, etc., except for density requirements as
defined by Zoning Regulations.
a. Secondary dwelling units shall conform to all applicable building and construction codes.
b. Nothing in this section prohibits applicants from requesting exceptions or variances from
the strict interpretation of Zoning Regulations to the extent allowed by said regulations for
any other use.
c. Secondary dwelling units shall be designed as to provide separate living conditions and
provide a safe and convenient environment for the occupants.
d. Secondary dwelling units should also be architecturally and functionally compatible with
the primary residence. (Ord. 1004 1 (part), 1984; prior code 9930)
e. The height of second units should be consistent with surrounding residential structures.
Unless adequate setbacks justify otherwise, secondary dwelling units that result in two-
story construction shall be setback from the first floor to allow for solar access and reduced
overlook.
f. Site planning: Secondary dwelling units should be located behind or above the existing
dwelling on the site. Designs that significantly alter the street appearance of the existing
residence shall be discouraged. The presence or design of the secondary dwelling unit per
se, will not justify granting development exceptions.
g. Private Open Space: A minimum of 250 square feet of private open space must be
provided for secondary dwelling units exclusive of a minimum of 250 square feet to be
provided for the primary residence on the property. Private open space provided at ground
level must have a minimum dimension in every direction of at least 10 feet or 6 feet for
spaces above ground level on an elevated deck or balcony.
h. Significant alterations to landform (grading in excess of 300 cubic yards) or removal of
native trees or significant landscape trees shall be discouraged for the placement of a
secondary dwelling unit.
i. A landscape plan shall be required for new secondary dwelling units. A minimum 5-foot
wide landscape planter with screening shrubs shall separate parking areas from adjacent
properties. Landscape shrubs and trees shall be required for areas between secondary unit
and adjacent properties
j. Parking: Secondary dwelling units that are 450 square feet or smaller shall require 1
parking space, regardless of zoning district. Parking for secondary dwelling units may be
provided within driveway areas consistent with 17.17.055 (Front yard parking). For two car
garages, parking for the primary dwelling may be provided in tandem to allow one parking
space in the driveway for the secondary dwelling unit. Agreement to maintain garage
parking for the tandem parking arrangement shall be reflected on building plans and a
PH3 - 35
Ordinance No. #### (2014 Series) Attachment 4
GPA 110-14
Page 6
covenant agreement shall be recorded noting the requirement to comply with this condition
and granting the City the right to inspect the premises for compliance. Secondary dwelling
units located on sites where the primary dwelling unit has a single car width driveway and
garage may be provided consistent with 17.17.055.D. (Single Car Garages and Single Car
Parking).
k. Alterations to designated historic properties or structures to allow new construction of a
secondary dwelling unit shall be reviewed by the Cultural Heritage Committee for
consistency with the Secretary of Interior Standards for treatment of a historic property.
E. Procedure requirements.
Prior to filing building plans with the City Building Division, the following shall be met:
1. Architectural Review Required. All requests shall be reviewed for consistency with the City’s
Community Design Guidelines and architectural review ordinance. The director shall determine,
upon receiving complete application, whether the project shall be forwarded to the Architectural
Review Commission for review. All new development projects within Historic Districts or
within properties that contain designated historic structures shall be referred to the Cultural
Heritage Committee to be reviewed for consistency with Secretary of Interior Standards for
treatment of a historic property.
2. Application Contents. A Determination of Code Consistency shall be approved prior to the
submittal of documents requesting construction approval. No additional application fees for
architectural review shall be required.
3. Additional Requirements.
a. Owners Agreement with the City. Prior to the issuance of construction permits a covenant
agreement shall be recorded which discloses the structure’s approved floor plan and status
as a “secondary dwelling unit” and agreeing that the property will be owner-occupied. 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. If owner
occupancy is not possible, then the use will terminate, and the structure will be returned to a
condition compliant with applicable regulations, to the satisfaction of the Director.
4. Appeal. Appeal procedures for this section shall be as provided by chapter 2.48.080 (Appeals-
Architectural Review).
F. Violations.
Violation of any of the provisions shall be basic code enforcement action.
17.21.020 Accessory Structures.
A. Purpose and Intent.
1. The purpose of this section is to establish regulations for the development of accessory
structures such as a garage, storage shed, or shop building as an approved accessory use.
2. Regulations on accessory structures are established to provide a distinction between non-
habitable accessory structures (e.g. garage, storage shed, shop building) and accessory living
spaces (e.g. secondary dwelling units, office, pool house, etc.). These regulations establish
standards which prevent the conversion of accessory structures into unpermitted living space to
ensure that such structures are not used as separate dwelling units.
3. Unpermitted conversion of accessory structures is detrimental to the public health, safety, and
welfare of the community.
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Ordinance No. #### (2014 Series) Attachment 4
GPA 110-14
Page 7
B. Applicability.
1. This section applies to accessory structures as defined in section 17.100.A. “Accessory
Structures” and provided below:
a. Accessory structures. “Accessory structures” are located upon the same site as the
structure or use to which it is accessory. Accessory structures may consist of detached
structures or additions to primary structures. 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.
“Accessory structures” that include habitable space, as defined by the California Building
Code, shall be no larger than 450 square feet. Accessory structures shall comply with the
requirements of this section.
2. This section does not apply to legally established dwellings, or secondary dwelling units which
are separately defined in section 17.21.010.
3. This section does not apply to legally established accessory structures permitted prior to the
effective date of this ordinance (August 14, 2014).
C. General Requirements.
1. Accessory structures shall conform to all applicable zoning regulations such as height, yards,
parking, building coverage, etc., and shall be subject to the following provisions:
a. 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.
D. Procedure Requirements.
1. Building Permit. Development of accessory structures require approval of a building permit
from the City’s Building Division.
a. Design Review. Plans submitted for a building permit will be reviewed for consistency
with the City’s Community Design Guidelines and architectural review ordinance.
2. Additional Requirements.
a. Owners Agreement with the City. Prior to the issuance of construction permits a covenant
agreement shall be recorded which discloses the structures 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.
E. Appeal. Appeal procedures for this section shall be as provided by Chapter 17.66 (Appeals).
SECTION 7. Zoning Regulations section 17.22.010 (Uses allowed by zones) of
the City of San Luis Obispo’s Municipal Code is hereby amended to add a new
Subsection H. Existing subsection H is hereby relettered to I and remaining subsections
are relettered accordingly.
17.22.010 Uses allowed by zones.
H. Prohibition of Guest Houses. Guest houses are not allowed in any zone.
SECTION 8. Zoning Regulations section 17.70.020 (Initiation) of the City of
San Luis Obispo’s Municipal Code is hereby replaced and amended to read as follows:
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Ordinance No. #### (2014 Series) Attachment 4
GPA 110-14
Page 8
17.70.020 Initiation.
An amendment to these regulations may be initiated by:
A. A resolution of intention of the Planning Commission
B. A resolution of intention of the City Council;
C. An application by the Director, or any other person or agency in the form prescribed by the
Director. (Ord. 941 -1 (part), 1982: prior code – 92014.7(B))
SECTION 9. Severability. If any subdivision, paragraph, sentence, clause, or
phrase of this ordinance is, for any reason, held to be invalid or unenforceable by a
court of competent jurisdiction, such invalidity or unenforceability shall not affect the
validity or enforcement of the remaining portions of this ordinance, or any other
provisions of the City’s rules and regulations. It is the City’s express intent that each
remaining portion would have been adopted irrespective of the fact that any one or
more subdivisions, paragraphs, sentences, clauses, or phrases be declared invalid or
unenforceable.
SECTION 10. A summary of this ordinance, together with the names of
Council members voting for and against, shall be published at least five (5) days prior
to its final passage, in The Tribune, a newspaper published and circulated in this City.
This ordinance shall go into effect at the expiration of thirty (30) days after its final
passage.
INTRODUCED on the_______ day of _____, 2014, AND FINALLY
ADOPTED by the Council of the City of San Luis Obispo on the______ day
of______, 2014, on the following vote:
AYES:
NOES:
ABSENT:
Jan Howell Marx, Mayor
ATTEST:
Anthony J. Mejia, City Clerk
APPROVED AS TO FORM:
Christine Dietrick, City Attorney
PH3 - 38