HomeMy WebLinkAboutCouncil Agenda Report (2021-11-16) - Introduce an Ordinance amending Title 6 (Animals) and Title 17 (Zoning Regulations)Item 6c
Department: Community Development
Cost Center: 4006
For Agenda of: 11/16/2021
Placement: Public Hearing
Estimated Time: 45 Minutes
FROM: Michael Codron, Community Development Director
Prepared By: Teresa McClish, Housing Policies and Programs Manager
SUBJECT: INTRODUCE AN ORDINANCE AMENDING TITLE 6 (ANIMALS) AND
TITLE 17 (ZONING REGULATIONS) OF THE MUNICIPAL CODE
INCLUDING BEE KEEPING REVISION ON AGRICULTURAL LANDS,
STATE HOUSING LAW CONSISTENCY AND OTHER VARIOUS ZONING
REGULATIONS
RECOMMENDATION
As recommended by the Planning Commission, introduce an Ordinance entitled, “An
Ordinance of the City Council of the City of San Luis Obispo, California, approving
clarification of Bee Keeping Regulations (Title 6); and an update to the City’s Zoning
Regulations (Title 17) of the Municipal Code including amendments to implement several
6th Cycle Housing Element Policies to streamline development review processes for
certain housing projects, provide consistency with the updated San Luis Obispo County
Airport Land Use Plan, and additional miscellaneous clean-up items with an exemption
from Environmental Review (CEQA) (Zoning Regulations, CODE-0663-2021).”
DISCUSSION
Background
On November 17, 2020, the City Council adopted the 6th Cycle Housing Element, which
includes housing policies and programs for 2020-2028. Some programs in the 6th Cycle
Housing Element require that city staff update the Zoning Regulations within one year of
adoption to maintain consistency with the City’s General Plan and state law.
The Airport Land Use Plan (ALUP) was recently amended on May 26, 2021 . With the
recent update of the ALUP, staff has also proposed amendments to the Zoning
Regulations to ensure consistency with the latest ALUP.
Additionally, after more than 18 months of implementation of the 2018 Zoning Regulations
Update (GENP-0327-2017), several minor changes, clarifications and corrections have
been identified in order to clarify ambiguities, correct errors and omissions, or
language/references, and add clarification to development review processes to more
efficiently implement policies and programs of the General Plan that are implemented
through Zoning Regulations.
Page 147 of 405
Item 6c
Lastly, staff has identified one Section in Title 6 of the Municipal Code that requires an
amendment for general clarification related to beekeeping provisions.
On October 13, 2021, the Planning Commission recommended approval with modification
to the proposed ordinance (please see Attachment E – Planning Commission Resolution).
For details regarding each proposed amendment (please refer to Planning Commission
Agenda Report in Attachment F).
PROJECT ANALYSIS
Implementation of Programs in the 6th Cycle Housing Element
The Housing Element is a state required element of the General Plan that must be
updated regularly as determined by State housing law. Updating the Housing Element is
a key step in the City’s efforts to expand affordable housing opportunities and is required
by California Government Code §§65580-65589.8. On November 17, 2020, the City
adopted the 6th Cycle Housing Element, which includes housing policies and programs
for 2020-2028. On September 3, 2021, HCD found the City’s adopted 6th Cycle Housing
Element in full compliance with State Law.
With the adoption of the 6th Cycle Housing Element by the City and the state certification
of compliance from HCD, several programs are required to be implemented in the City’s
Zoning Regulations within one-year of adoption to maintain consistency with General Plan
and state law. It should be noted that there are many new or revised policies and
programs in the 6th Cycle Housing Element that will require implementation over the 2020 -
2028 period and the proposed ordinance contains only select regulations that are
considered to be directly prescribed by Housing Element program language and state
law. Other policies and programs, such as the Commission’s recent consideration of
Objective Design Standards, and future implementation of programs pertaining to
missing middle” housing, or inclusionary housing for example, will be brought forward
separately in order to provide more opportunities for wider community engagement and
discussion.
Housing Element programs that are proposed for implementation with this ordinance
update include the following:
Program 5.5: Update the Zoning Regulations to allow mixed -use development
within Service Commercial (C-S) and Manufacturing (M) zones without a use
permit within one year of the adoption of the Housing Element.
Page 148 of 405
Item 6c
Program 8.18: Review and amend the Zoning Regulations within one year of
Housing Element adoption to ensure compliance with: 1) the Supportive Housing
Streamlining Act (AB 2162) to allow supportive housing a use -by-right in zones
where multi-family and mixed uses are permitted, includin g nonresidential zones
permitting multifamily uses, if the proposed development meets specified criteria;
and 2) AB 101, to allow Low Barrier Navigation Centers1 by-right in all residential
zones, areas zoned for mixed-uses, and nonresidential zones permitting
multifamily uses.
Program 8.23: To address conflicts of the City’s code and the Employee Housing
Act, proposed amendments to the Zoning Regulations include : 1) An update of
Table 2-1 (Refer to Attachment C Exhibit A) to allow Single-Unit Dwellings without
a CUP within the Open Space and Conservation (C/OS) zone and allow employee
housing consisting of no more than 36 beds in a group quarters, or 12 units or
separate rooms or spaces designed for use by a single-family or household within
the C/OS and AG zones; and 2) remove Section 17.148 (High Occupancy
Residential Use Regulations), to be consistent with the intent of the Employee
Housing Act (Government Code Section 17021.5 and 17021.6) and to be
consistent with the Uniform Housing Code which regulates occupancy limits, as
confirmed in the case of Briseno v. City of Santa Ana.
Airport Land Use Update
The San Luis Obispo County Regional Airport (SBP) Airport Land Use Plan was officially
amended and restated on May 26, 2021. As a result, in accordance with the State
Aeronautics Act, the City must update regulations within 180 days to maintain consistency
with this plan. The proposed ordinance has been referred to the County’s Airport Land
Use Commission and will be effective upon its findings of consistency.
Miscellaneous Changes to Zoning Regulations (Title 17)
After more than 18 months of implementation of the 2018 Zoning Regulations Update,
and additional updates since, pertaining to Accessory Dwelling Units, as well as a
recognition of refinements needed with changing business operations during the COVID -
19 pandemic, a number of minor changes and corrections have been identified in order
to correct errors and omissions, clarify confusing or ambiguous language/references, and
add clarification to development review processes to more efficiently implement policies
and programs of the General Plan.
1 AB 101 defines “Low Barrier Navigation Center” as a Housing First, low -barrier, service-enriched shelter
focused on moving people into permanent housing that provides temporary living facilities while case
managers connect individuals experiencing homelessness to income , public benefits, health services,
shelter, and housing.
Page 149 of 405
Item 6c
Proposed Changes to Title 6 (Animals)
Due to interest expressed by the City Council during the meeting of July 20, 2021,
concerning available areas for limited bee keeping activities, and due to the importance
of honey bees for pollination in domestic agriculture, Section 6.28.070 entitled “Bees
Prohibited” is proposed to be amended to allow for bee keeping for agricultural purposes
within a Conservation/Open Space or Agricultural zoning district, along with the existing
allowance for the purpose of study and observation in a hive or box within a school
building.
Previous Council or Advisory Body Action
The Planning Commission reviewed the Draft Ordinance and recommended that City
Council adopt the Ordinance amending Title 17 (Zoning Regulations) of the Municipal
Code with changes implemented from the adoption of the 6th Cycle Housing Element,
the updated County Airport Land Use Plan, and general corrections identified and
executed by internal staff with an exemption from Environmental Review (CEQA), as
represented in the staff report and attachments dated October 13, 2021 (Attachments E
and F), with modifications as follow:
Section 25: 17.70.130.F.4.b. - remove proposed amendment from ordinance.
Section 45: 17.86.020.B.3.a – remove proposed text “unless the property has a
mixed-use overlay”
Section 45: 17.86.020.B3.D7 - Allow balconies greater than 50' if oriented to the
interior of the lot or a street
Section 45: 17.86.020.C.2.b. – remove proposed text “A junior accessory dwelling
unit may only be allowed on a lot with an accessory dwelling unit if the accessory
dwelling unit is detached from the single-family structure”
Section 106: 17.158.018 “G Definitions” – revised as follows: “A separate
accessory space that does not provide direct access to the living space of the
primary residence (such as kitchen facilities), which may be attached or detached,
and may contain bathroom facilities including toilets, bathing facilities, showers, or
sinks but does not contain a kitchen (see “kitchen” definition in Section 17.158.050:
K Definitions)”.
Public Engagement
The 6th Cycle Housing Element was updated in response to input received through 12
presentations, meetings, online surveys, and a public workshop, as well as other
extensive community outreach leading up to adoption of the 6th Cycle Housing Element
at the November 17, 2020, City Council Meeting. The proposed ordinance implements
several of the policies and programs as prescribed in the adopted 6th Cycle Housing
Element.
Page 150 of 405
Item 6c
Public notice was provided for the Planning Commission meeting (October 13, 2021).
Public notice of this hearing has been published in a widely circulated local newspaper,
and hearing agendas for this meeting have been posted at City Hall, consistent with
adopted notification procedures. Email notices have been provided for each public
meeting to those on the interested parties list.
CONCURRENCE
Staff comments have been incorporated into the proposed changes to Titles 6 and 17. In
addition, the Utilities and Public Works departments have provided input regarding clean
up amendments.
ENVIRONMENTAL REVIEW
The proposed amendments to the Municipal Code Title 6 and Title 17 have been
assessed in accordance with the authority and criteria contained in the California
Environmental Quality Act (CEQA), the state CEQA Guidelines, and the environmental
regulations of the City. Specifically, the proposed amendments have been determined to
be exempt from further environmental review pursuant to CEQA Guidelines Section
15061(b)(3), the “Common Sense” exemption, because the proposed actions will have
no possibility of a significant effect on the environment and will not cause impacts. In this
case, minor amendments to streamline the development review process by allowing
supportive and employee housing in expanded districts, to reduce the number of public
hearings required for housing projects and to expand districts to allow mixed use projects,
are consistent with State Law requirements and the City’s 6th Cycle Housing Element and
will not have a significant effect and project specific environmental review will be required;
additionally, minor amendments to regulations in Chapter 17.64 and Sections
17.10.020.D and 17.70.020 require continued referral of certain projects to the San Luis
Obispo County Airport Land Use Commission and clarify existing procedure and will not
cause significant effects or cause impacts; further, the minor amendments throughout
Title 17 are included to provide for grammatic correction, clarity, comprehensibility and
internal and procedural consistency and are not anticipated to have a significant effect on
the environment or cause impacts. And lastly, minor amendments to Title 6 to add limited
provision for the keeping of bees for agricultural purposes on lands zoned Agriculture or
Conservation/Open Space is not anticipated to cause a significant effect on the
environment or cause impacts.
FISCAL IMPACT
Budgeted: Yes Budget Year: 2021-22
Funding Identified: Yes
Page 151 of 405
Item 6c
Fiscal Analysis:
Funding
Sources
Total Budget
Available
Current
Funding
Request
Remaining
Balance
Annual
Ongoing
Cost
General Fund $N/A $ $ $
State
Federal
Fees
Other:
Total $ $0 $ $0
The implementation of Zoning Amendments including implementation of Housing
Element Programs was adopted as a part of the 2021-2023 Financial Plan. Funding was
provided as a part of the Community Development Department budget appropriation for
staff resources to implement Housing Element programs such as Program 6.22.
ALTERNATIVES
1. Continue the Project. An action continuing the project should include direction to the
staff on pertinent issues.
2. Deny the Project. Staff does not recommend this action because state law requires
that the City’s Zoning Regulations are consistent with the recent Housing Element
Update. Denying the project would also create inconsistencies with the County’s
recent adoption of the Airport Land Use Plan.
ATTACHMENTS
A – Proposed Ordinance – Zoning Regulations Update
B – Proposed Ordinance – Zoning Regulations Update (Legislative Draft)
C – Proposed Ordinance Exhibit A – Table 2-1
D – Proposed Ordinance Exhibit B – Figure 3-8 Airport Land Use Plan Area
E – Planning Commission Draft Resolution (October 13, 2021)
F – Planning Commission Agenda Report (October 13, 2021)
Page 152 of 405
O _____
ORDINANCE NO. _____ (2021 SERIES)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, APPROVING CLARIFICATION OF BEE
KEEPING REGULATIONS (TITLE 6); AND AN UPDATE TO THE CITY’S
ZONING REGULATIONS (TITLE 17) OF THE MUNICIPAL CODE
INCLUDING AMENDMENTS TO IMPLEMENT SEVERAL 6th CYCLE
HOUSING ELEMENT POLICIES TO STREAMLINE DEVELOPMENT
REVIEW PROCESSES FOR CERTAIN HOUSING PROJECTS, PROVIDE
CONSISTENCY WITH THE UPDATED SAN LUIS OBISPO COUNTY
AIRPORT LAND USE PLAN, AND ADDITIONAL MISCELLANEOUS
CLEAN-UP ITEMS WITH AN EXEMPTION FROM ENVIRONMENTAL
REVIEW (CEQA) (ZONING REGULATIONS, CODE-0663-2021)
WHEREAS, on February 5, 2019, the City of San Luis Obispo adopted a
comprehensive update of the Zoning Ordinance (2018 Zoning Ordinance); and
WHEREAS, on March 3, 2020, The City of San Luis Obispo adopted a
comprehensive update of the Zoning Ordinance specifically to address consistency
regarding Accessory Dwelling Units due to recent state legislature; and
WHEREAS, after more than 18 months of implementation of the 2018 Zoning
Ordinance Update, a number of minor changes and corrections have been identified in
order to correct errors and omissions, clarify confusing or ambiguous
language/references, and add clarification to development review processes to more
efficiently implement policies and programs of the City of San Luis Obispo’s General
Plan that are implemented through Zoning Regulations (Title 17); 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 November 17, 2020, for the purpose of final adoption of the sixth cycle
update to the General Plan Housing Element that included Program 5.5 that states,
Update the Zoning Regulations to allow mixed -use development within Service
Commercial (C-S) and Manufacturing (M) zones without a use permit within one year of
the adoption of the Housing Element”; and
WHEREAS, the 6th Cycle Housing Element includes Program 8.18 that states,
Review and amend the Zoning Regulations within one year of Housing Element adoption
to ensure compliance with: 1) the Supportive Housing Streamlining Act (AB 2162) to allow
supportive housing a use-by-right in zones where multi-family and mixed uses are
permitted, including nonresidential zones permitting multifamily uses, if the proposed
development meets specified criteria; and 2) AB 101, to allow Low Barrier Navigation
Centers by-right in all residential zones, areas zoned for mixed-uses, and nonresidential
zones permitting multifamily uses”; and
Page 153 of 405
Ordinance No. _______ (2021 Series) Page 2
O _____
WHEREAS, the 6th Cycle Housing Element includes Program 8.23 Update Zoning
Regulations, within one year of Housing Element adoption, to be consistent with the
Employee Housing Act; including: 1) an update of Table 2 -1 to allow single-unit dwellings
without a Conditional Use Permit within the Open Space and Conservation (C/OS) zone
and employee housing consisting of no more than 36 beds in a group quarters, or 12 units
or separate rooms or spaces designed for use by a single -family or household within the
C/OS and AG zones, and 2) remove Chapter 17.148 - High-Occupancy Residential Use
Regulations”; and
WHEREAS, the Board of Supervisors of the County of San Luis Obispo, on May
26, 2021, adopted an update to the San Luis Obispo County Airport Land Use Plan and
the State Aeronautical Act (SAA) requiring timely action to make minor amendments to
the Zoning Ordinance (Title 17) for consistency; and
WHEREAS, the State of California Office of Housing and Community
Development, on September 3, 2021, certified the City of San Luis Obispo’s 6th Cycle
General Plan Housing Element as in full compliance with State Law; and
WHEREAS, On July 20, 2021, the City Council asked staff for clarification of
Municipal Code provisions for the keeping of bees regarding desired agricultural
application; and
WHEREAS, the Planning Commission of the City of San Luis Obispo conducted a
public hearing via teleconference on October 13, 2021, for the purpose of recommending
the various amendments to implement programs of the 6th Cycle Housing Element,
ensure consistency with the San Luis Obispo County Airport Land Use Plan, and for
miscellaneous clean-up purposes to Title 6 and Title 17 of the Municipal Code; and
WHEREAS, the City Council of the City of San Luis Obispo conducted a public
hearing via teleconference on November 16, 2021, for the purpose of approving the
amendments to the Title 17 of the Municipal Code; and
WHEREAS, notices of said public hearings were made at the time and in the
manner required by law; and
WHEREAS, the City Council has duly considered all evidence, including the
testimony of the applicant, interested parties, and the evaluation and recommendations
by staff, presented at said hearing.
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of San Luis
Obispo as follows:
SECTION 1. Incorporation of Recitals. The City Council find that the foregoing
recitals and administrative report presented with this ordinance are true and correct and
are incorporated in the ordinance by this reference and adopted as the findings of the
City Council.
Page 154 of 405
Ordinance No. _______ (2021 Series) Page 3
O _____
SECTION 2. Findings. Based upon all the evidence, the City Council makes the
following finding:
1. The proposed amendments to Titles 6 and 17 will not cause significant health,
safety, or welfare concerns since the amendments are consistent with the
General Plan and directly implement City goals and polices.
2. The proposed amendments to Title 17 are also consistent with the 6th Cycle
Housing Element and implements many policies and programs including
programs 5.5, 6.23, 8.18 and 8.23. Additional follow up actions will be needed
in order to further implement Housing Element policies and programs not
addressed by this Zoning Code Update.
SECTION 3. Environmental Determination. The proposed amendments to the
Municipal Code Title 6 and 17 have been assessed in accordance with the authority and
criteria contained in the California Environmental Quality Act (CEQA), the state CEQA
Guidelines, and the environmental regulations of the City. Specifically, the proposed
amendments have been determined to be exempt from further environmental review
pursuant to CEQA Guidelines Section 15061(b)(3), the “Common Sense” exemption,
because the proposed actions will have no possibility of a significant effect on the
environment and will not cause impacts. In this case, minor amendments to streamline
the development review process by allowing supportive and employee housing in
expanded districts, to reduce the number of public hearings required for housing projects
and to expand districts to allow mixed use projects, are consistent with State Law
requirements and the City’s 6th Cycle Housing Element and will not have an significant
effect and project specific environmental review will be required; additionally, minor
amendments to regulations in Chapter 17.64 and Sections 17.10.020.D and 17.70.020
require continued referral of certain projects to the San Luis Obispo County Airport Land
Use Commission and clarify existing procedure and will not cause significant effects or
cause impacts; further, the minor amendments throughout Title 17 as outlined in the staff
memorandum to City Council on November 16, 2021 are included to provide for
grammatic correction, clarity, comprehensibility and internal and procedural consistency
and are not anticipated to have a significant effect on the environment or cause impacts,
and lastly, minor amendments to Title 6 to add limited provision for the keeping of bees
for agricultural purposes on lands zoned Agriculture or Conservation/Open Space , are
not anticipated to cause significant effect on the environment or cause impacts.
SECTION 4. Section 6.28.070 entitled “Bees Prohibited” is hereby amended to
read as follows:
Section 6.28.070 Bees Prohibited – Exception
No person, firm or corporation shall keep bees within the corporate limits; provided, that
nothing herein contained shall be deemed to apply to keeping of bees for the purpose of
study and observation in a hive or box, which is situated and kept within a school
building, or for agricultural purposes located within a Conservation/Open Space or
Agriculture zoning district.
Page 155 of 405
Ordinance No. _______ (2021 Series) Page 4
O _____
SECTION 5. Section 17.06.020 D, entitled “Table 1-1: Zones Established”, is
hereby amended to add “BP” and “Business Park” as a new, Nonresidential Zone; and
remove “AO” and “Airport Overlay” from “Overlay Zones”.
Table 1-1: Zones Established
Residential Zones
R-1 Low-Density Residential
R-2 Medium-Density Residential
R-3 Medium-High Density Residential
R-4 High-Density Residential
Nonresidential Zones
AG Agricultural
C/OS Conservation/Open Space
O Office
PF Public Facility
C-N Neighborhood Commercial
C-C Community Commercial
C-D Downtown Commercial
C-R Retail Commercial
C-T Tourist Commercial
C-S Service Commercial
M Industrial
BP Business Park
Overlay Zones
D Downtown Overlay
SP Specific Plan
H Historic Overlay
MU Mixed Use Overlay
S Special Considerations Overlay
S-F Special Focus Overlay
PD Planned Development Overlay
CBZ Cannabis Business Overlay Zone
Page 156 of 405
Ordinance No. _______ (2021 Series) Page 5
O _____
SECTION 6. Section 17.10.020.C, entitled “Primary and Accessory Uses”, is
hereby amended to read as follows:
C. Primary and Accessory Uses. Listed uses are primary uses. Accessory uses
are allowed only where a primary use is established , as defined in Section
17.158.046 (U Definitions). An accessory use may be allowed if it is listed as
an allowed or conditionally allowed use in Table 2-1 for the applicable zone.
Bars and Taverns, Live Entertainment, or other uses or activities as identified
in Article 4 (Regulations for Specific Land Uses and Activities), are not
considered accessory uses, unless specifically defined as accessory in Article
4 (Regulations for Specific Land Uses and Activities) or Article 9 (Definitions).
SECTION 7. Section 17.10.020.D, entitled “Airport Land Use Plan and Airport
Overlay Zone” is hereby amended to read as follows:
D. Airport Land Use Plan. Land Uses within the Airport Land Use Plan (ALUP)
boundaries shall be consistent with ALUP Table 4-5 (Airport Land Use
Compatibility Table) as identified in the Amended and Restated San Luis
Obispo County Regional Airport (SBP) Airport Land Use Plan. Properties within
Specific Plan areas that are also within the boundaries of the ALUP Airport
Influence Area (AIA), shall be reviewed for conformance with the standards of
their respective Specific Plans, which have received a determination of
consistency with the ALUP from the Airport Land Use Commission.
SECTION 8. Section 17.10.020 Table 2-1 entitled “Uses Allowed By Zone” is
hereby amended as reflected in EXHIBIT A.
SECTION 9. Section 17.16.020.A, entitled “Table 2-4: R-1 Zone Development
Standards” is hereby amended to include the addition of Parking Space requirements
for Enclosed and Unenclosed Parking Spaces to maintain consistency with Section
17.70.170.C.10., to read as follows:
Table 2-4: R-1 Zone Development Standards
Development Standard R-1 Zone Additional Regulations
Maximum Residential
Density 7 units/net acre See also Section 17.70.040 (Density)
Maximum FAR 0.4
Maximum FAR may be increased up to 0.50 if
consistent with Section 17.16.030.A
Requirements and Findings for FAR Increase
in R-1 Zone). See also Section 17.70.060
FAR Measurement and Exceptions)
Minimum Setbacks
Front 20 feet See also Section 17.76.030 (Front Yard
Paving)
Interior Side and Rear See Section 17.16.020.B, Table 2-5: R-1 Zone Minimum Interior
Side and Rear Setbacks.
Corner Lot – Street Side 10 feet See also Figure 2-1: Street Side Setback on
Corner Lots.
Parking Spaces 20 feet See Section 17.70.170.C.10 (Enclosed and
Unenclosed Parking Spaces in Front and
Street Side Setback Prohibited)
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Ordinance No. _______ (2021 Series) Page 6
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Maximum Building Height 25 feet
Roof pitches with a slope of at least 30
degrees above a horizontal plane may extend
beyond the maximum height no more than 30
inches. See also Sections 17.16.020.B
Interior Side and Rear Setback Standards)
and 17.70.080 (Height Measurement and
Exceptions).
Maximum Lot Coverage 40% See also Section 17.70.120 (Lot Coverage)
Minimum Lot Area 6,000 square feet See also Section 16.18.030 (Subdivisions; Lot
Dimensions)
SECTION 10. Section 17.18.020.A, entitled “Table 2-6: R-2 Zone Development
Standards” is hereby amended to include the addition of Parking Space requirements
for Enclosed and Unenclosed Parking Spaces to reference Section 17.70.170.C.10., to
read as follows:
Table 2-6: R-2 Zone Development Standards
Development Standard R-2 Zone Additional Regulations
Maximum Residential
Density
12 units/net acre See also Section 17.70.040 (Density).
Regardless of the density calculation, at least
two density units shall be allowed on each
parcel; except this shall not apply to common
interest subdivisions.
Minimum Setbacks
Front 20 feet See also Section 17.76.030 (Front Yard
Paving)
Interior Side and Rear See Section 17.18.020.B, Table 2-7: R-2 Zone Minimum Interior
Side and Rear Setbacks.
Corner Lot - Street Side 10 feet See also Figure 2-3: Street Side Setback on
Corner Lots.
Parking Spaces 20 feet See Section 17.70.170.C.10 (Enclosed and
Unenclosed Parking Spaces in Front and
Street Side Setback Prohibited)
Maximum Building Height 35 feet See also Sections 17.18.020.B (Interior Side
and Rear Setback Standards) and 17.70.080
Height Measurement and Exceptions).
Maximum Lot Coverage 50% See also Section 17.70.120 (Lot Coverage)
Minimum Lot Area 5,000 square feet See also Section 16.18.030 (Subdivisions; Lot
Dimensions)
SECTION 11. Section 17.20.020.A, entitled “Table 2-8: R-3 Zone Development
Standards” is hereby amended to clarify the Maximum Residential Density and add
Parking Space requirements for Enclosed and Unenclosed Parking Spaces to reference
Section 17.70.170.C.10., to read as follows:
Page 158 of 405
Ordinance No. _______ (2021 Series) Page 7
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Table 2-8: R-3 Zone Development Standards
Development Standard R-3 Zone Additional Regulations
Maximum Residential
Density
20 units/net acre See also Section 17.70.040 (Density).
Regardless of the density calculation, at least
three density units shall be allowed on each
parcel; except this shall not apply to common
interest subdivisions.
Minimum Setbacks
Front 10 feet See also Section 17.76.030 (Front Yard
Paving)
Interior Side and Rear See Section 17.20.020.B, Table 2-9: R-3 Zone Minimum Interior
Side and Rear Setbacks.
Corner Lot - Street Side 10 feet
Parking Spaces 20 feet See Section 17.70.170.C.10 (Enclosed and
Unenclosed Parking Spaces in Front and
Street Side Setback Prohibited)
Maximum Building Height 35 feet See also Sections 17.20.020.B (Interior Side
and Rear Setback Standards) and 17.70.080
Height Measurement and Exceptions).
Maximum Lot Coverage 60% See also Section 17. 70.120 (Lot Coverage)
Minimum Lot Area 5,000 square feet See also Section 16.18.030 (Subdivisions;
Lot Dimensions)
Edge Condition
Requirements
See Section 70.050 (Edge Conditions)
SECTION 12. Section 17.22.020.A, entitled “Table 2-10: R-4 Zone Development
Standards” is hereby amended to include the addition of Parking Space requirements
for Enclosed and Unenclosed Parking Spaces to reference Section 17.70.170.C.10., to
read as follows:
Table 2-10: R-4 Zone Development Standards
Development Standard R-4 Zone Additional Regulations
Maximum Residential
Density
24 units/net acre See also Section 17.70.040 (Density).
Regardless of the density calculation, at least
four density units shall be allowed on each
parcel; except this shall not apply to common
interest subdivisions.
Minimum Setbacks
Front 10 feet See also Section 17.76.030 (Front Yard
Paving)
Interior Side and Rear See Section 17.20.020.B, Table 2-11: R-4 Zone Minimum Interior
Side and Rear Setbacks.
Corner Lot - Street Side 10 feet
Parking Spaces 20 feet See Section 17.70.170.C.10 (Enclosed and
Unenclosed Parking Spaces in Front and
Street Side Setback Prohibited)
Maximum Building Height 35 feet See also Sections 17.20.020.B (Interior Side
and Rear Setback Standards) and 17.70.080
Height Measurement and Exceptions).
Maximum Lot Coverage 60% See also Section 17. 70.120 (Lot Coverage)
Minimum Lot Area 5,000 square feet See also Section 16.18.030 (Subdivisions; Lot
Dimensions)
Edge Condition
Requirements
See Section 70.050 (Edge Conditions)
SECTION 13. Section 17.24.020.A, entitled “Table 2-12: O Zone Development
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Ordinance No. _______ (2021 Series) Page 8
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Standards” is hereby amended to include the addition of Parking Space requirements
for Enclosed and Unenclosed Parking Spaces to reference Section 17.70.170.C.10., to
read as follows:
Table 2-12: O Zone Development Standards
Development Standard O Zone Additional Regulations
Maximum Residential
Density
12 units/net acre See also Section 17.70.040 (Density).
Regardless of the density calculation, at least
two density units shall be allowed on each
parcel; except this shall not apply to common
interest subdivisions.
Minimum Setbacks
Front 15 feet See also Section 17.76.030 (Front Yard
Paving)
Interior Side and Rear See Section 17.22.020.B, Table 2-13: O Zone Minimum Interior
Side and Rear Setbacks.
Corner Lot - Street Side 15 feet
Parking Spaces 20 feet See Section 17.70.170.C.10 (Enclosed and
Unenclosed Parking Spaces in Front and
Street Side Setback Prohibited)
Maximum Building Height 35 feet See also Sections 17.22.020.B (Interior Side
and Rear Setback Standards) and 17.70.080
Height Measurement and Exceptions).
Maximum Lot Coverage 60% See also Section 17.70.120 (Lot Coverage)
Maximum Floor Area Ratio 1.5 See also Section 17.70.060 (FAR
Measurement and Exceptions)
Minimum Lot Area 5,000 square feet See also Section 16.18.030 (Subdivisions; Lot
Dimensions)
Edge Condition
Requirements
See Section 17.70.050 (Edge Conditions)
SECTION 14. Section 17.26.030, entitled “Additional Regulations” is hereby
amended to add a new subsection C entitled “Number of Parking Spaces Required in
the C-N Zone.”, to read as follows:
C. Number of Parking Spaces Required in the C-N Zone. See Section
17.72.030.C (Required Parking).
SECTION 15. Section 17.32.030, entitled “Additional Regulations” is hereby
amended to add a new subsection G entitled “Number of Parking Spaces Required in
the C-D Zone.”, to read as follows:
G. Number of Parking Spaces Required in the C-D Zone. See Section
17.72.030.D (Required Parking).
SECTION 16. Chapter 17.64, entitled “Airport (AOZ) Overlay Zone”, is hereby
removed from the San Luis Obispo Municipal Code in its entirety.
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SECTION 17. Chapter 17.70 entitled “Site Development and General
Development Standards” is hereby amended to add a new subsection Section
17.70.020 entitled “Airport Land Use Plan Consistency” and add Figure 3-1 “Airport
Land Use Plan Airport Influence Area (AIA)” (existing Figures 3-1 through 3-20 are
hereby relabeled as 3-2 through 3-21, respectfully, including all text references
throughout Title 17) to read as follows:
17.70.020 – Airport Land Use Plan Consistency
A. Requirement for Consistency. All projects including but not limited to
renovation, remodeling, new construction, or granting of any permits for land
uses or other activities, shall be consistent with the height, use, noise, safety, and
density criteria of the Amended and Restated San Luis Obispo County Regional
Airport (SBP) Airport Land Use Plan (ALUP).
B. Applicability. The requirement for consistency with the ALUP applies to all
projects within the boundaries of the Airport Influence Area (AIA) within City
limits. Properties within Specific Plan areas that are also within the boundaries of
the ALUP AIA shall be reviewed for conformance with the standards of their
respective Specific Plans, which have received a determination of consistency
with the ALUP from the Airport Land Use Commission.
Figure 3-1: Airport Land Use Plan Airport Influence Area (AIA)
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SECTION 18. Section 17.70.040.A.1, entitled “Density Calculation – General” is
hereby amended to read as follows:
1. Density Calculation – General. Density Units are calculated based on the
net area of a property subject to thresholds established per zone. In the AG,
C/OS, R-1 zones, each single-unit dwelling counts as one density unit. In the
other zones, different size dwellings have density unit values as follows:
SECTION 19. Section 17.70.040.A.2.a Table 3-1 entitled: “Table 3-1: Maximum
Residential Density for Cross-Slope Categories” is hereby amended to correct the
Maximum Density Allowed in R-3 Zones based on slope, to read as follows:
Table 3-1: Maximum Residential Density for Cross-Slope Categories
Average
Cross-
Slope in
Maximum Density Allowed (units per net acre)
R-1
R-2, O,
C-N,
C-T
R-3 R-4
C/OS, AG, PF, C-R, C-D, C-
C
C-S, M
0 – 15 As allowed in the Zoning Regulations for that zone.
16 – 20 4 6 10 12 As allowed in the Zoning
Regulations for that zone.
21 – 25 2 4 7 8 As allowed in the Zoning
Regulations for that zone.
26+ 1 2 3 4 As allowed in the Zoning
Regulations for that zone.
SECTION 20. Section 17.70.050.B, entitled “Table 3-2: Edge Condition Zones”
is hereby amended to include “Business Park” in the list of Edge Condition Zones , to
read as follows:
Table 3-2: Edge Condition Zones
Zones Receiving Transition R-1, R-2
Zones Providing Transition R-3, R-4, O, PF, C-N, C-C, C-D, C-R, C-T, C-S, M, BP
SECTION 21. Section 17.70.050.D.1, entitled “FAR Reduction” is hereby
amended to read as follows:
1. FAR Reduction. The maximum floor area ratio for a property in a zone
providing transition shall be 10 percent less than indicated in the Zoning
Regulations for that zone (Chapters 17.12 through 17.60, inclusive).
SECTION 22. Section 17.70.070.C.3, entitled “Driveway Gates” is hereby
amended to read as follows:
3. Driveway Gates. In the R-1 zone, gates across driveways shall be set back
a minimum of 10 feet behind the property line. In all other zones, gates across
driveways shall allow for adequate space to queue vehicles entering the
property consistent with Section 12.38.040 (Parking and Driveway
Standards).
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SECTION 23. Section 17.70.120.A, entitled “Purpose and Application” is hereby
amended to read as follows:
A. Purpose and Application. As defined in Chapter 17.158 (General
Definitions), lot coverage is the ratio of the total area of a lot covered by the
footprint of all structures to the net lot area, typically expressed as a
percentage of the total lot area, including all buildings, de cks, balconies,
porches, accessory structures and accessory dwellings, and similar
architectural features. Maximum coverage shall be as provided in the specific
property development standards for the various zones in Chapters 17.12
through 17.60, inclusive.
SECTION 24. Section 17.70.130.D.1.a, entitled “Ground Floor Limitations” is
hereby amended to read as follows:
a. Ground Floor Limitations. In the C-D zone, residential units shall not occupy
any ground floor space. In all other zones, residential units shall not occupy
more than 50 percent of the ground floor space within the first 50 feet of floor
area measured from each building face adjacent to a street toward the rear
of the building, with no more than 30 percent of the building frontage to be
occupied by residential uses.
SECTION 25. Section 17.70.150.A, entitled “Height” is hereby amended to clarify
internal consistency, to read as follows:
A. Height. The height of any railings or parapets, exterior stairways, and other
access features such as stairwells or elevators for access to roof decks shall
not exceed the maximum allowable building height for the structure, except as
allowed by Section 17.70.080 (Height Measurement and Exceptions).
SECTION 26. Section 17.70.150.B, entitled “Furniture” is hereby repealed and
Subsections C and D entitled “Performance Standards” and “Edge Conditions” are hereby
reclassified as subsections B. and C. respectively.
SECTION 27. Section 17.70.170.C.6, entitled “Mechanical Equipment” is hereby
amended for internal consistency with Chapter 9.12 (Noise Control) and reads as follows:
1. Mechanical Equipment. Mechanical equipment shall comply with required
setbacks, with the following exceptions:
a. Ground mounted heating and air conditioning equipment, and tankless
water heaters shall be setback not less than 30 inches from the side and
rear property lines and shall comply with Chapter 9.12 (Noise Control) of
the Municipal Code.
b. Mechanical equipment serving swimming pools, spas, and water features
shall be set back not less than three feet from a side or rear property line.
All such equipment shall be acoustically shielded to comply with Chapter
9.12 (Noise Control) of the Municipal Code.
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SECTION 28. Section 17.70.170.D.1.b, entitled “Reduced Front or Street Side
Setback for New Structure Providing Additional Creek Setback.” is hereby amended to
read as follows:
b. Reduced Front or Street Side Setback for New Structure Providing
Additional Creek Setback. Where a new structure provides a rear or side
creek setback larger than required by these Zoning Regulations, the required
front and/or street side setback, respectively, shall be reduced by one foot for
each one foot of additional creek setback, so long as the front and street side
setback is at least one-half that required by the zone in which the property is
located. Refer to the front and street side setback standards for each zone in
Chapters 17.12 through 17.60, inclusive.
SECTION 29. Section 17.72.020.C, entitled “Parking Calculations” is hereby
amended to add new subsection 3., entitled “Accessory Uses”, to read as follows:
3. Accessory Uses. If a primary use includes accessory uses that generate
higher parking requirements than the primary use, such as an accessory bar or
tasting room to a brewery or other uses or activities as identified in Article 4
Regulations for Specific Land Uses and Activities), the Director may require
that the accessory activity provide parking in accordance with Table 3 -4
Parking Requirements by Use) in addition to the parking required for the
primary use. Accessory offices shall not require additional parking, unless
stated otherwise.
SECTION 30. Section 17.72.030 Table 3-4 entitled “Parking Requirements by Use”
is hereby amended to remove line item titled “Handicraft Manufacturing” under “Public
and Assembly Uses” from the Table 3-4.
SECTION 31. Section 17.72.030 Table 3-4 entitled “Parking Requirements by Use”
is hereby amended to add language to the “Number of Off -Street Parking Spaces
Required” for “Religious Assembly Facilities” to read as follows:
Table 3-4: Parking Requirements by Use
Type of Land Use Number of Off-Street Parking Spaces Required
PUBLIC AND ASSEMBLY USES
Religious Assembly Facilities 1 space per 100 sf in largest assembly room
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SECTION 32. Section 17.72.030 Table 3-4 entitled “Parking Requirements by
Use” is hereby amended to remove language from the “Type of Land Use” entitled
Food Preparation” to read as follows:
Table 3-4: Parking Requirements by Use
Type of Land Use Number of Off-Street Parking Spaces Required
COMMERCIAL USES
Food Preparation 1 space per 1,500 sf
SECTION 33. Section 17.72.050.C.1, entitled “Criteria for Approval” is hereby
amended to read as follows:
1. Criteria for Approval. The review authority may only approve a request for
reduced parking if it finds that:
SECTION 34. Section 17.72.050.C.3, entitled “Reduction Rates” is hereby
removed, including its subsections a. and b., current subsection 4. entitled “Vehicle Trip
Reduction Plan” is now reformatted as subsection 3, to read as follows.
3. Vehicle Trip Reduction Plan. Based on the parking study, the Director may
require implementation of a vehicle trip reduction plan and such other
conditions deemed necessary to reduce parking demand.
SECTION 35. Section 17.72.050, entitled “Parking Reductions” is hereby
amended to add new subsection F., entitled “Bicycle and Motorcycle Parking Reduction
Rates” to read as follows:
F. Bicycle and Motorcycle Parking Reduction Rates. The review authority may
consider the following rates for parking reductions:
1. One car space for each five motorcycle spaces provided in excess of
required parking spaces, up to a 10 percent reduction, reductions greater
than 10 percent shall comply with subsection C of this section.
2. One car space for each five bicycle spaces provided in excess of required
parking, up to a 10 percent reduction, reductions greater than 10 percent
shall comply with subsection C of this section. All bicycle parking that
exceeds the required number of spaces shall be apportioned between
short-term and long-term bicycle spaces as stipulated by Table 3-6:
Required Bicycle Parking. Any additional bicycle parking provided for
residential uses shall be provided for long-term storage.
SECTION 36. Section 17.72.060.A, entitled “Nonconforming Parking” is hereby
amended to read as follows:
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A. Nonresidential Additions and Reconstruction. When expansion of floor
area creates an increase of 10 percent or more in the number of required onsite
parking spaces in an existing nonresidential building, additional onsite parking
shall be provided for such addition and not for the entire building or site.
Additional parking spaces are not required for the reconstruction of an existing
building when there is less than 10 percent increase in floor area.
SECTION 37. Section 17.72.070.A, entitled “Applicability” is hereby amended to
remove subsection 2., including associated subsections a. and b., respectfully:
SECTION 38. Section 17.72.090.B.1, entitled “Residential Uses” is hereby
amended to remove reference to nonresidential, to read as follows:
1. Residential Uses. Required parking spaces serving residential uses shall be
located on the same lot as the use they serve or in an off-site parking facility as
provided in subsection B.3 (Off-Site Parking Facilities) of this Section. If located
in an off-site parking facility, a parking agreement shall be filed as provided in
subsection B.3.b (Parking Agreement) of this Section. Refer to Section
17.76.040 (Front Yard Parking) for additional residential parking location
regulations associated with single-unit residential dwellings and accessory
dwelling units.
SECTION 39. Section 17.76.040, entitled “Front Yard Parking” is hereby
amended to add new subsection E. to read as follows:
E. Legal Non-Conforming Front Yard Parking. In cases where permits have
been granted to allow parking in the front yard area that is not in conformance
with subsection B of this Section; Or, in cases where evidence has been
provided that the pavement surfacing has been constructed for the purposes
of parking a vehicle in compliance with Section 12.38.040 (Parking and
Driveway Standards) prior to the adoption of Ordinance No. 941 (1982 Series)
establishing Section 17.70.170.C, such parking shall be considered a legal
non-conforming use, and may continue.
SECTION 40. Section 17.76.060.B, entitled “Trash Receptacles” is hereby
amended to read as follows:
B. Trash Receptacles. Trash, green waste, and recycling receptacles shall not
be within the front yard (see definition of “front yard” in Section 17.158.016 – F
Definitions) area except as provided in Chapter 8.04, and as stated below:
Trash and garbage containers shall not be placed adjacent to the street for
pickup more than 24 hours before pickup time, and such containers shall be
removed within the 12-hour period following pickup. Trash and recycling
containers shall not be placed adjacent to the street for pickup before 5:00 pm
or the close of business on the day preceding pickup, whichever is later. Such
containers located within the C-D zone shall be removed before 10:00 am
following pickup.
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Trash, green waste, and recycling receptacles shall be completely screened
from public view from the public right-of-way that abuts the front yard by a
fence, landscaping, or wall that is otherwise allowed by zoning and building
codes. Multi-unit residential developments that are approved for individual
waste wheelers shall remove waste wheelers from the common area visible
from the public right-of-way in compliance with this Section. Multi-unit
residential developments with shared bin service shall utilize approved
enclosure locations consistent with project approvals.
SECTION 41. Section 17.76.090, entitled “Rooftop Uses”, is amended to be
retitled as “Roofs”. Subsections A. and C. are hereby removed from this section and
existing subsection B. is reformatted as subsection A. to read as follows:
17.76.090 – Roofs
A. Furniture. No furniture or equipment, including chairs, mattresses, couches,
recreational furniture, or other materials may be placed on any roof, patio cover,
carport, shed top, or similar structure, except for the following:
1. Roof-top equipment, including antennas, satellite dishes, masts, poles,
heating, ventilation, air conditioning equipment, and similar devices that are
designed for roof-top installation, and were lawfully installed, may remain
on the roof as long as they are properly maintained.
2. Furniture or other equipment may be placed on a roof deck or other similar
place that was lawfully designed and created for such use. All such furniture
and accessories located on a roof deck shall be secured as necessary to
prevent wind damage or dislocation.
SECTION 42. Section 17.76.100.A, entitled “Screening of Visible Storage and
Maintenance” is hereby amended to read as follows:
A. Screening of Visible Storage and Maintenance. Parking, storage,
stockpiling, or maintenance of any of the following items on private property
shall be screened from view from any public right -of-way, except as otherwise
provided in this Chapter. Objects and activities will be considered “screened”
when they are either not visible from a public right-of-way or behind a solid six-
foot-high fence, wall, or hedge where such fence, wall, or hedge is otherwise
allowed by zoning and building codes.
SECTION 43. Section 17.76.100.A.4, entitled “Exceptions” is amended to provide
additional language to subsection f. to read as follows:
f. Barbecues and furniture that is designed and intended for outdoor use
Outdoor Furniture” as defined in Section 17.158) may remain on a porch or in
a walled front patio where the walls are designed in compliance with fence
height regulations. Recreational furniture, including but not limited to, gaming
tables such as ping-pong tables, billiards tables, and foosball tables, are not to
remain in front yards when not actively being used, even if designed and
intended for outdoor use.
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SECTION 44. Section 17.86.020, entitled “Accessory Dwelling Units, and Junior
Accessory Dwelling Units, and Guest Quarters” is hereby repealed and replaced as
follows:
17.86.020 – Accessory Dwelling Units, and Junior Accessory Dwelling Units, and
Guest Quarters.
A. Purpose and Applicability. The purpose of this chapter is to prescribe
development and site regulations that apply, except where specifically stated,
to accessory dwelling units, junior accessory dwelling units, and guest quarters,
as defined in Chapter 17.156 (Land Use Definitions).
B. Accessory Dwelling Units. The provisions in this subsection shall apply to
accessory dwelling units as defined in Chapter 17.156 (Land Use Definitions)
and where allowed in compliance with Chapter 17.10 (Use Regulations).
1. Purpose. The purpose of this chapter is to provide for the creation of
accessory dwelling units in a manner that is consistent with requirements
identified in Government Code Section 65852.2, as amended from time to
time. Implementation of this section is meant to expa nd housing
opportunities by increasing the number of smaller units available within
existing neighborhoods.
2. General Requirements.
a. Application. Where this section does not contain a particular type of
standard or procedure, conventional zoning standards and procedures
shall apply.
b. No Subdivision of Property. No subdivision of property shall be
allowed where an accessory dwelling unit has been established and the
resulting subdivision does not maintain the primary residence on the
same lot as the accessory dwelling unit(s).
c. Sale of Property. This section shall apply to new owners of property
where an accessory dwelling unit has been established. All conditions
of director’s action (if applicable), restrictive covenants and other
contractual agreements with the city shall apply to the property and the
new owners, except as allowed or prohibited by state law.
d. Applicability of Building Codes. Accessory dwelling units shall
conform to all applicable building and construction codes.
3. Specific Requirements and Standards.
a. Zones Where Allowed. An accessory dwelling unit can be created in
the AG, C/OS, R-1, R-2, R-3, R-4, or O (Office) zone on lots with an
existing or proposed residential structure. For the purposes of this
section, structures that contain both commercial and residential uses are
not considered residential structures.
b. Size of Accessory Dwelling Unit. The gross floor area of an accessory
dwelling unit shall be no less than 150 square feet and shall not exceed
850 square feet for a studio or one-bedroom unit, or 1,000 square feet
for a unit containing two or more bedrooms.
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1) The director may authorize an exception to the square footage
standards to allow an accessory dwelling unit up to 1,200 square
feet through the director’s action process. In the R -1 zone, this
exception can only be approved on lots that are at least 12,000
square feet in area. In all other zones, exceptions shall be based
on compatibility with the development pattern of the neighborhood.
c. Limitation on Number. Only one accessory dwelling unit is permitted
per lot.
d. Design Standards. Accessory dwelling units shall conform to all
applicable development standards of the underlying zone, including but
not limited to height, setback area, parking, and building coverage,
unless otherwise stated in this section or prohibited by state law.
1) No passageway, defined as a pathway that is unobstructed clear
to the sky and extends from a street to one entrance of the
accessory dwelling unit, shall be required in conjunction with the
construction of an accessory dwelling unit.
2) No setback shall be required for an existing permitted structure
that is converted to an accessory dwelling unit, or for an accessory
dwelling unit that is constructed in replacement of an existing
permitted structure, provided it is in the same location and has the
same dimensions including height.
3) A setback of no more than four feet from the side and rear lot lines
are required for an accessory dwelling unit, for walls up to 16 feet
in height.
4) Accessory dwelling units that include the creation of new square
footage shall be limited to sixteen feet in height. Up to one hundred
fifty square feet of new square footage may be exempted from this
requirement in connection to a conversion of existing upper floor
square footage, but only as needed to accommodate ingress and
egress.
i. In order to provide additional design options for accessory
dwelling units, units that include the creation of new square
footage can be constructed up to twenty -five feet in height if
consistent with the setback standards provided in Article 2
Zones, Allowable Uses and Development and Design
Standards).
5) Architectural style and form shall match the style and form of the
primary residential structure(s) on the property.
6) The materials of the accessory dwelling unit shall match the
materials of the primary residential structure(s) on the property.
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7) The minimum required setback for any balcony or terrace above
the first floor shall be increased to 10 feet from the adjacent
property line(s). Upper level private or common open space areas
provided as accessory to an accessory dwelling unit shall not
exceed an aggregate area of 50 square feet unless oriented to
the interior of the lot or a street. Roof decks or rooftop open
spaces are prohibited.
8) Exceptions to these design standards can be approved by the
director, through director’s action, subject to required findings
Section 17.108.040).
e. Fire Sprinklers. Accessory dwelling units shall not be required to
provide fire sprinklers if fire sprinklers are not required for the primary
residence.
f. Parking Requirements. No additional parking spaces shall be required
for an accessory dwelling unit. If a garage or car port is converted or
removed to accommodate an accessory dwelling unit, replacement
parking is not required.
g. Historic Resources. Accessory dwelling units on listed historic
properties and in historic districts shall be found consistent with the
historic preservation ordinance, including historic preservation
guidelines and Secretary of the Interior standards for the treatment of
historic properties.
h. Utility Connection Fees. Where an accessory dwelling unit is created
within an existing structure (primary or accessory), no new utility
connection or payment of impact fees shall be required. For all other
accessory dwelling units, a new utility connection for the accessory
dwelling unit and payment of impact fees may be required if the
accessory dwelling unit is seven hundred fifty square feet or more. New
accessory dwelling units located in sewer capacity constrained areas
are subject to Municipal Code Section 13.08.396 (Wastewater Flow
Offset).
i. Additional Accessory Dwelling Unit Types. Accessory dwelling units
that are consistent with Government Code Section 65852.2(e) will
receive ministerial approval. The provisions of Government Code
Section 65852.2(e) cannot be combined with other accessory dwelling
unit provisions of Section 17.86.020 and no exceptions are available for
projects subject to Section 65852.2(e). Building Permit applications to
create accessory dwelling units consistent with Government Code
Section 65852.2(e) shall clearly be labeled as such (e.g., “ADU-e”). In
connection to the provision of Government Code Section 65852.2(e),
multifamily dwelling structures shall be defined in accordance with
Government Code Section 65589.5(h)(2).
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4. Procedural Requirements. An accessory dwelling unit that meets the
standards contained in this section shall be subject to ministerial review
building permit) and approval without discretionary review (i.e., use permit,
architectural review, etc.) or public hearing.
a. Within sixty days of receiving a complete application, the city shall
approve any such application which complies with all applicable
requirements and development standards identified in this chapter.
When an accessory dwelling unit is proposed within a new residential
structure, this sixty-day requirement shall only apply once all other
aspects of the permit are approved.
b. Building permit applications for accessory dwelling units on lots
containing an existing primary dwelling or dwellings shall not include
other changes or improvements to the property unless those
improvements are required to facilitate the creation of the accessory
dwelling unit.
5. No Short-Term Rental. An accessory dwelling unit cannot be rented for a
period of less than thirty days. Homestay use of an accessory dwelling unit
is prohibited.
6. Violations. Violation of any of the provisions of this chapter shall be subject
to basic code enforcement action as provided in Title 1.
C. Junior Accessory Dwelling Units. The provisions in this subsection shall
apply to junior accessory dwelling units as defined in Chapter 17.156 (Land
Use Definitions) and where allowed in compliance with Chapter 17.10 (Use
Regulations).
1. Purpose. The purpose of this chapter is to provide for the creation of junior
accessory dwelling units in a manner that is consistent with requirements
identified in Government Code Section 65852.22, as amended from time to
time. Implementation of this section is meant to expand housing
opportunities by increasing the number of smaller units available within
existing neighborhoods.
2. General Requirements.
a. Application. Where this section does not contain a particular type of
standard or procedure, conventional zoning standards and procedures
shall apply.
b. Areas Where Junior Accessory Dwelling Units Are Allowed. Upon
meeting the requirements of this section, junior accessory dwelling units
may be established in any zone where the use of the property is a single -
unit dwelling, either existing or proposed.
c. Sale of Property. A junior accessory dwelling unit shall not be sold
independently of the primary dwelling on the parcel.
d. Location. A junior accessory dwelling unit must be created within the
walls of a proposed or existing primary dwelling.
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1) Conversion of an existing garage into a junior accessory dwelling unit
shall only be permitted if replacement parking is provided consistent
with Sections 17.70.170 (Setbacks) and 17.76.040 (Front Yard
Parking). No setback exception shall be approved to accommodate
replacement parking.
e. Size of Junior Accessory Dwelling Unit. The gross floor area of a
junior accessory dwelling unit shall not exceed five hundred square feet.
f. Limitation on Number. Only one junior accessory dwelling unit may be
located on any residentially zoned lot. A junior accessory dwelling unit
may only be located on a lot that contains one permitted single-family
structure or in connection with the construction of a single-family
structure. A junior accessory dwelling unit may be located on the same
lot as an accessory dwelling unit under one of the following
circumstances:
1) The accessory dwelling unit was constructed at the same time as the
single-family residence.
2) The accessory dwelling unit was created through the conversion of
existing space within a single-family residence or accessory
structure.
3) The accessory dwelling unit, either new or existing , is a detached
unit, and the detached accessory dwelling unit is no larger than 800
square feet, no taller than sixteen feet in height, and has setbacks of
no less than four feet from side and rear lot lines.
g. Applicability of Building Codes. Junior accessory dwelling units shall
conform to all applicable building and construction codes.
3. Performance Standards and Compatibility.
a. Design Standards. Junior accessory dwelling units shall conform to all
applicable development standards of the underlying zone, including but
not limited to height, setback area, parking, and building coverage and
shall be subject to the provisions below. A junior accessory dwelling unit
that conforms to this section shall not be considered a dwelling unit for
the purpose of calculating density.
1) A separate exterior entry shall be provided to serve a junior
accessory dwelling unit.
2) The interior connection to the main living area may be maintained or
removed.
3) At a minimum, junior accessory dwelling units shall include an
efficiency kitchen, which shall contain a cooking facility, food
preparation counter, and storage cabinets.
4) Junior accessory dwelling units shall not be required to provide fire
sprinklers if fire sprinklers are not required for the primary residence.
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5) No additional parking spaces shall be required for a junior accessory
dwelling unit.
b. Utility Connection Fees. Where a junior accessory dwelling unit is
created no new utility connection or payment of impact fees shall be
required.
c. Fire and Life Protection. For purposes of any fire or life protection
ordinance or regulation, a junior accessory dwelling unit shall not be
considered a separate or new dwelling unit.
4. Procedural Requirements. A junior accessory dwelling unit that meets the
standards contained in this section shall be subject to ministerial review
building permit) and approval without discretionary review (i.e., use permit,
architectural review, etc.) or public hearing.
a. Within sixty days of receiving a complete application, the city shall
approve any such application which complies with all applicable
requirements of this section.
b. Building permit applications for junior accessory dwelling units on lots
containing an existing single-family residence shall not include other
changes or improvements to the property unless those improvements
are required to facilitate the creation of the junior accessory dwelling
unit.
5. Owner Occupancy. The owner of the property shall occupy either the
primary residence or the junior accessory dwelling unit.
6. Covenant Agreement. Prior to the issuance of building permits for a junior
accessory dwelling unit, a covenant agreement shall be recorded which
discloses the structure’s approved floor plan and status as a “junior
accessory dwelling unit” and agreeing that the owner of the property will
occupy either the primary residence or the junior accessory dwelling unit.
This agreement shall be recorded in the office of the county recorder to
provide constructive notice to all future owners of the property.
7. No Short-Term Rental. A junior accessory dwelling unit cannot be rented
for a period of less than thirty days. Homestay use of a junior accessory
dwelling unit is prohibited.
8. Violations. Violation of any of the provisions set forth in this chapter shall
be subject to code enforcement action as provided in Title 1.
D. Guest Quarters.
1. Purpose and Intent. 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 in accordance with Section 17.70.010 (Accessory
Structures).
2. Applicability. This section does not apply to legally established dwellings
or accessory dwelling units, or accessory structures, which are separately
defined in Chapter 17.158 (General Definitions).
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3. General Requirements. 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. Accessory to Primary Residence. 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. Only
one guest quarters may be permitted per property.
b. Size. Guest quarters shall be no larger than four hundred fifty square
feet.
c. Density and Development Standards. Guest quarters shall be
consistent with density provisions and development standards of the
underlying zone. For the purposes of calculating density in multi -unit
residential zones, guest quarters will be considered an additional
bedroom, accessory to the primary unit. The structure may not exceed
four hundred fifty square feet and shall remain in an open floor plan
studio configuration).
d. Zones in Which 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-unit residential dwelling.
e. Areas Prohibited. 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. Guest quarters
shall not be allowed on lots with an existing accessory dwelling unit.
f. 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.
g. No Separate Rental. Guest quarters may not be rented separately from
the primary dwelling unit.
h. No Kitchen Facilities. No facilities meeting the definition of a “kitchen”
as defined in Chapter 17.158 (General Definitions) may be installed and
plumbing shall be provided for bathroom use only. No plumbing may be
provided to “wet bars,” dishwashers, or any features that 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.”
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4. Procedural Requirements. Prior to filing building plans with the city
building division, the following shall be met:
a. Design Review. All requests shall be reviewed for consistency with the
city’s community design guidelines and this section. 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 the
Interior standards for treatment of a historic property.
b. Owner’s Agreement with the City. Prior to the issuance of construction
permits, a covenant agreement shall be recorded that discloses the
structure’s approved floor plan and status as “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 shall no
longer be used as overnight sleeping quarters.
c. Conversion of Guest Quarters to an Accessory Dwelling Unit. A
legally established guest quarters may either be retained in its
configuration or be converted to an accessory dwelling unit in
compliance with the provisions of this chapter. (Ord. 1679 § 3, 2020:
Ord. 1657 § 17, 2019; Ord. 1650 § 3 (Exh. B), 2018)
SECTION 45. Section 17.86.050, entitled “Alcoholic Beverage Sales – Bar, Live
Entertainment, Late Night Service” is hereby retitled as “Alcoholic Beverage Sales-Bars
and Restaurants with Late Night Alcohol Service” and Sections 17.86.050.A, and Section
17.86.050.B.1 through B.5 (subsections B.6 through B.8 and subsections C and D remain
as written) are amended as follows:
17.86.050 – Alcoholic Beverage Sales – Bars and Restaurants with Late Night
Alcohol Service
A. Purpose and Applicability. The provisions in this Section shall apply to
Eating and Drinking Establishments – Bars and Taverns, and Eating and
Drinking Establishments – Restaurant with Late-Night Alcohol Service as
defined in Chapter 17.156 (Land Use Definitions) and where allowed in
compliance with Chapter 17.10 (Use Regulations). The purpose of this Section
is to protect and promote the public health, safety, comfort, convenience,
prosperity, and general welfare, and to ensure operations are compatible with
surrounding neighborhoods.
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B. Alcohol Outlet Operational Requirements. The following standards shall
apply to all Alcohol Outlets:
1. Noise. The proposed use shall operate in conformance with the City Noise
Ordinance (M.C. Chapter 9.12, Noise Control) to maintain compatibility with
the nearby residences and businesses. The applicant shall make
reasonable efforts to minimize the potential for adverse noise and crowd
impacts on adjacent establishments and nearby residences, including, but
not limited to, ensuring that all windows an d doors are closed no later than
10:00 pm, nightly.
2. Hours of Operation. Hours of operation for the alcohol services shall not
be outside the hours from 8:00 am until 11:00 pm each day of the week,
unless otherwise specified by a Use Permit.
3. Menu Service. Full food service shall be available at all times alcohol is
served, unless otherwise specified by the Use Permit. The restaurant shall
have full meals and restaurant service available during all hours of
operation, consistent with the approved hours of ope ration for the proposed
use, unless otherwise specified by the Use Permit.
4. Events. Tables, chairs, and the general floor plan layout shall remain
consistent with approved plans and may not be removed or modified for late
night operation or special events to create a performance stage, dance
floor, or similar area for performance/assembly unless approved by a
separate City-issued permit.
5. Entertainment. Entertainment shall maintain an ambient level, which is
clearly incidental, that allows for normal conversation levels, and for which
no cover fee or ticket is required. Live or amplified entertainment that meets
the definition of a Live Entertainment shall not be allowed without the
approval of a Live Entertainment Permit. Upon review of a Live
Entertainment Permit, the hours of operation may be re-evaluated or
restricted.
SECTION 46. Section 17.86.100.B, entitled “Permits Required” is hereby
amended to add Subsection 17.86.100.B.4 to read as follows:
4. Day Care as an Accessory Use. When day care facilities are accessory to
another use requiring a permit, only one permit application need be filed and
acted on. As accessory uses to schools and churches, and where an employer
provides onsite child care to 14 or fewer children for the exclusive use of
employees, day care is allowed by right, providing the primary use meets City
parking standards.
SECTION 47. Section 17.86.100.D, entitled “Day Care as an Accessory Use” is
hereby removed and Subsection 17.86.100.E, entitled “Exceptions” is renumbered as
17.86.100.D, to read as follows:
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D. Exceptions. Nothing in this Section shall prohibit applicants from requesting
a Director’s Action or Variance from the strict interpretation of the Zoning
Regulations to the extent allowed by said regulations.
SECTION 48. Section 17.86.110, entitled “Electronic Game Amusement Centers”
is hereby removed from the San Luis Obispo Municipal Code.
SECTION 49. Section 17.86.120.B.3, entitled “Duration and Hours of Operation”
is hereby amended to read as follows:
3. Hours of Operation. No food truck shall operate before 6:00 am or after
11:00 pm, including set up and clean up.
SECTION 50. Section 17.86.160.D, entitled “Performance Standards” is hereby
amended to read as follows:
D. Performance Standards.
1. Homestays shall comply with the property development and performance
standards set forth in Article 2 (Zones, Allowable Uses, and Development
and Design Standards) and Article 3 (Regulations and Standards
Applicable to All Zones).
2. All building and fire code regulations shall be met.
3. The number of overnight guests shall be limited to four adults. Bedrooms
shall meet the minimum size requirements as defined in the Building Code.
4. At all times when a homestay rental is occurring, the owner or responsible
party shall be within a 15-minute drive of the property. The owner or
responsible party shall be available via telephone 24 hours a day, seven
days a week, to respond to complaints regarding the homestay. Contact
information for the owner and responsible party shall be provided to
homestay guests, adjacent neighbors and stated on the application.
5. Upon sale or transfer of the home for which a homestay permit has been
granted, a new homestay application shall be required within 60 days of the
transfer. Failure to submit a new application as required within 60 days shall
result in the termination of the existing allowed use.
6. The homestay shall be limited to only the owner-occupied dwelling unit on
the property. Homestays shall not be permitted within Recreational Vehicles
or within Accessory Dwelling Units.
7. Any advertisements for the homestay shall include the business license
number. Onsite advertising of the homestay is prohibited.
SECTION 51. Section 17.86.210.E, entitled “Recreational Vehicles as Tiny
Houses in Residential Zones.” is hereby amended to read as follows:
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E. Recreational Vehicles as Tiny Houses in Residential Zones. Moveable tiny
houses shall be considered an additional type of accessory structure, allowed
as an accessory use to single-unit residential dwelling unit, however,
moveable tiny houses are not identified as accessory dwelling units and are
not subject to the provisions of Government Code, Section 65852.2. A
moveable tiny house that meets the definition in this subsection may be built
and occupied as accessory to a single-unit residence, subject to the Director’s
review and approval of a Director’s Action application if it complies wi th the
standards of this subsection.
1. Development Standards. Moveable tiny houses shall conform with the
requirements under Section 17.70.010 (Accessory Structures), including
but not limited to setbacks, height, and other applicable zoning
requirements of the zone in which the site of the proposed moveable tiny
house is located, except as modified by this subsection.
a. Number. No parcel may contain more than one moveable tiny house at
a time. No parcel may contain both a moveable tiny house and a
conventional accessory dwelling unit.
b. Renewal. The approval of a movable tiny home shall expire after five
years from the date of approval, unless the property owner submits a
time extension application prior to the expiration of the permit. The
Director may renew the approval of a movable tiny home for a period of
up to five years upon receipt of a complete application and completion
of an inspection by the City to confirm continued compliance with the
standards in this section.
c. Maintenance. The site shall be maintained as set forth in Chapter 17.76
Property Maintenance Standards).
d. Location. The moveable tiny house shall be located toward the rear of
the property.
e. Size. The maximum square footage or habitable floor space for a
moveable tiny house shall be 400 square feet, as measured by exterior
wall dimensions (lofts shall not be counted toward the maximum square
footage). The moveable tiny house shall have at least 100 square feet
of first floor interior living space.
f. Replacement Parking. Where a moveable tiny house occupies a
required parking space, a replacement parking space is required. A
replacement parking space may be located in any configuration on the
same lot as the moveable tiny house, including but not limited to covered
spaces, uncovered spaces, or tandem spaces. Parking shall be
permitted only in those locations specified in these Zoning Regulations.
g. Design. The design of a tiny house shall resemble the general
appearance, siding, and roofing of a traditional home.
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h. Energy Efficiency. Applications submitted for tiny houses shall
demonstrate that the tiny home has been constructed to exceed ANSI
energy standards through one of the following methods:
i. Include insulation with values of R13 for the walls and R19 for the
floor and ceiling; or
ii. Ensure that the stud/joist/rafter space in the walls, floors and ceiling
are completely filled with insulation.
2. Parking Spaces. Moveable tiny houses shall not require additional parking.
3. Mechanical Equipment. All mechanical equipment for a moveable tiny
house shall be incorporated into the structure and shall not be located on
the roof, except for solar panels.
4. Utility Connections and Requirements. Moveable tiny houses shall not
require separate utility meters from the primary unit. Moveable tiny houses
may be off-grid and not connected to one or more utility systems, but only
if the applicant provides sufficient proof, to the satisfaction of the Director
and the Building Official, that the moveable tiny house has adequate, safe,
and sanitary utility systems providing water, sewer, heating, cooling, and
electric power. Gas connections and use of propane tanks are prohibited.
5. Addresses. Moveable tiny houses shall not have separate street
addresses from the primary unit.
6. Foundation Requirements. Once sited on the parcel of the primary unit,
moveable tiny houses shall meet the following foundation requirements:
a. The moveable tiny house shall not have its wheels removed, and all
wheels and leveling/support jacks shall sit on a concrete, paved, or
compacted gravel surface sufficient to support its weight.
7. Emergency and Rescue Openings. Moveable tiny houses shall meet the
requirements of Section R310 of the California Building Code for emergency
escape and rescue openings. Egress roof access windows in lofts used as
sleeping rooms shall be deemed to meet this requirement if installed such
that the bottom of the opening is not more than 44 inches above the loft
floor, provided the egress roof access window complies with the minimum
opening area requirements of California Building Code Section R310.2.1.
8. Procedural Requirements. A Director’s Action application shall be
required to establish a moveable tiny house, an applicant for a moveable
tiny house shall submit proof that:
a. The proposed moveable tiny house is licensed and registered with the
California Department of Motor Vehicles;
b. The proposed moveable tiny house has been certified by a qualified
third-party inspector as meeting ANSI, 119.2 or 119.5 requirements or
comparable standards, or was built to meet ANSI 119.2 or 119.5
requirements as demonstrated by sufficient evidence satisfactory to the
Director; at a minimum this inspection shall verify that the unit is in good
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working order for living, sleeping, eating, cooking, and sanitation,
including the absence of any exterior shell water leaks;
c. The applicant is the property owner, or has sufficient written permission
from the property owner, of the intended location of the proposed
moveable tiny house;
d. Prior to the issuance of building permits, a covenant agreement shall be
recorded which discloses the structure’s approved floor plan and status
as a movable tiny home 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 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 movable tiny home shall no longer be
used as overnight sleeping quarters.
SECTION 52. Section 17.86.260.B.5, entitled “Other Temporary or Intermittent
Uses and Special Events.” is hereby amended to read as follows:
5. Other Temporary or Intermittent Uses and Special Events. Upon approval
of a Temporary Use Permit, the Director may approve other temporary or
intermittent uses, including but not limited to musical events, auctions, estate
sales, clothing outlet sales, nonprofit benefits, parking lot sales, and car shows.
At the discretion of the Director, certain small-scale events with limited duration,
consisting of activities with no potential to detrimentally affect those working
and living in the vicinity, may be allowed through Director’s Action , without a
public hearing.
SECTION 53. Section 17.86.290.B., entitled “Exempt Facilities” is hereby
amended to add new subsection 5. to read as follows:
5. A Collocation, or Modification of a Pole, Tower or Support Structure or
Replacement of a Pole, for Collocation of a Communications Facility, that
qualifies as an "Eligible Facilities Request." An "Eligible Facilities Request"
means an eligible facilities request as set forth in 47 C.F.R. Section
1.40001(b)(3).
SECTION 54. Section 17.92.020, entitled “Limits on Reconstruction – Exceptions”
is hereby amended to read as follows:
A. A nonconforming structure that is involuntarily damaged to an extent of 75
percent or more of its replacement cost immediately prior to such damage, as
determined by the Chief Building Official, may be restored only if made to
conform.
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B. Notwithstanding paragraph A, above, nonconforming residences in the R-1, R-
2, R-3, R 4, O, C-N, C-C, C-R, C-T, C-D, and C/OS zones that have been
involuntarily damaged to an extent of 75 percent or more of its replacement
value cost immediately prior to such damage, as determined by the Chief
Building Official, may be rebuilt at the same density and up to the same size
under the following circumstances:
1. All construction must conform to current building codes, Zoning
Regulations, and design guidelines, except that the previously existing
number of dwelling units and size of buildings will be allowed.
2. A building permit for the replacement structure(s) must be obtained within
three years of the date of the damage or destruction.
3. Exceptions to the above provisions may be granted by the Director for
historic structures designated as such in any list or plan element adopted
by the City, or for buildings that are over 50 years old where the existing
building and any proposed additions or modifications are consistent with the
Historic Preservation Guidelines and Community Design Guidelines, as
determined by the Director.
4. Notwithstanding the above provisions, application for replacement
structures of the same density and size may be denied if the Director makes
one of the following findings:
a. The reconstruction, restoration, or rebuilding will be detrimental or
injurious to the health, safety, or general welfare of persons living or
working in the neighborhood.
b. The reconstruction, restoration, or rebuilding will be detrimental or
injurious to property and improvements in the neighborhood .
c. There no longer exists a zone in which the existing nonconforming use
is permitted.
C. Changes to interior partitions or other nonstructural improvements and repairs
may be made to a nonconforming building. However, demolition, as defined in
Section 17.158.012 (D Definitions), and reconstruction shall be permitted only
if the structure is made to conform.
D. The value of additions allowed pursuant to subsections (F)(1) and (2) of this
Section shall be excluded from calculation of replacement cost of the
nonconforming structure.
E. Decisions of the Chief Building Official regarding replacement cost may be
appealed to the Council.
F. Additions to nonconforming structures that further the intent of this Chapter may
be permitted through a Director’s Action, subject to a finding of consistency with
the intent of this Chapter as follows:
1. Additions conform to current building codes, Zoning Regulations, and
design guidelines, where the addition and associated modifications do not
result in demolition of the existing structure, as defined in Section
17.158.012 (D Definitions).
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2. The Director may allow certain setbacks to be reduced to zero in some
instances for minor additions to existing legal nonconforming structures
see Section 17.70.170(D)(2)(d)).
SECTION 55. Section 17.102.010, entitled “Purpose and Intent” is hereby
amended to read as follows:
17.102.010 – Purpose and Intent
This Article 6 establishes the overall structure for the application, review, and action on
City-required permit and project review applications and identifies and describes those
discretionary permits and other approvals required by these Zoning Regulations.
SECTION 56. Section 17.102.020.A.1, entitled “Affordable Housing Incentives” is
hereby amended to read as follows:
1. Affordable Housing Incentives. An action authorizing a residential density
bonus that includes an alternative or additional incentive in compliance with
Chapter 17.140 (Affordable Housing Incentives).
SECTION 57. Section 17.102.020.B.3, entitled “Director’s Hearing on Various
Permits” is hereby amended to read as follows:
3. Director’s Hearing on Various Permits. A quasi-judicial action authorizing
the construction or alteration of specific development projects and as otherwise
called for in these Zoning Regulations for projects subject to a Director’s
Hearing. A public hearing is required in compliance with Chapter 17.122 (Public
Notices and Hearings).
SECTION 58. Section 17.102.020.C.6, entitled “Planning Commission Hearing on
Various Exceptions and Special Development Projects” is hereby amended to read as
follows:
6. Planning Commission Hearing on Various Exceptions and Special
Development Projects. A quasi-judicial action authorizing an exception
modification or deletion) to certain specified development standards of these
Zoning Regulations and for the construction or alteration of specific
development projects and as otherwise called for in these Zoning Regulations.
A public hearing is required in compliance with Chapter 17.122 (Public Notices
and Hearings).
SECTION 59. Section 17.102.020.D Table 6-1, entitled “Table 6-1: Review
Authority” is hereby removed from the San Luis Obispo Municipal Code.
SECTION 60. Section 17.102.020.E.2, entitled “Concurrent Processing” is hereby
amended to read as follows:
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2. Concurrent Processing. Multiple applications for the same project shall be
processed concurrently and shall be reviewed and acted upon by the highest
review authority designated by these Zoning Regulations for any of the
applications. For example, a project for which applicati ons for Moderate
Development Review project and a Conditional Use Permit are filed shall have
both applications decided by the Planning Commission, instead of the Director
being the final decision-making authority for the Moderate Development
Review project.
SECTION 61. Section 17.104.010, entitled “Purpose and Authority for Land Use
and Planning Decisions” is hereby amended to remove Subsection 17.104.010.B and
renumber Subsection 17.104.010.C as Subsection 17.104.010.B, respectfully, to read as
follows:
B. The Architectural Review Commission has the authority to review and make
recommendations to either the Director or the Planning Commission,
depending upon the type of project application, regarding compliance with
applicable design guidelines. Municipal Code Section 2.48.050 (Projects
Subject to Architectural Review) establishes the types of projects subject to
architectural review.
SECTION 62. Section 17.106.010, entitled “Purpose and Intent” (associated
subsections A. through H. shall remain as written) is hereby amended to read as follows:
17.106.010 – Purpose and Intent
The purpose of this Chapter is to provide a process for the appropriate review of
development projects to ensure that all approved site and structural development:
SECTION 63. Section 17.106.020, entitled “Applicability” is hereby amended to
read as follows:
A. Development Review Required. No one shall construct any structure, or
relocate, rebuild, or significantly enlarge or modify any existing structure or site
until Development Review has been completed and approved in compliance
with this Chapter.
1. Cultural Heritage Committee Review. Notwithstanding subsection C of
this section and Section 17.106.030 (Levels of Development Review)
certain projects may require review by the Cultural Heritage Committee in
accordance with Municipal Code Section 14.01 (Historic Preservation).
B. Enlargements and Modifications. For the purposes of this Chapter, the term
significantly enlarge or modify” shall be measured from the increase in gross
floor area of the original approval and be defined as follows:
1. Residential Enlargement or Modification. Residential enlargements or
modifications larger than 1,000 square feet or 25 percent of the existing
gross floor area before the addition, whichever is less.
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2. Nonresidential Enlargement or Modification. Nonresidential
enlargement, modification, reconstruction, rehabilitation, or remodel
resulting in an increase in gross floor area equal to or exceeding 25 percent
of the existing gross floor area of the structure or more than 2,500 square
feet, whichever is less, before the construction.
3. Mixed Use Development. Mixed use development enlargement,
modification, reconstruction, rehabilitation, or remodel resulting in increase
in gross floor area equal to or exceeding 25 percent of the existing gross
floor area of the structure or more than 2,500 square feet, whichever is less,
before the construction.
C. Exceptions. The following types of projects are exempt from the Levels of
Development Review:
1. Accessory Structures as defined in Section 17.70.010 (Accessory
Structures);
2. Accessory Dwelling Units, Junior Accessory Dwelling Units, and Guest
Quarters as defined in Section 17.86.020 (Accessory Dwelling Units, Junior
Accessory Dwelling Units, and Guest Quarters);
3. Housing development projects which qualify under Chapter 17.69
Objective Design Standards for Qualifying Residential Projects);
4. Single-Unit Dwellings as defined in Section 17.156.038 (S Definitions) and
minor or significant additions or modifications to existing single-unit
dwellings, except as identified in Section 17.106.030.B.1 of this Chapter;
5. Small residential development projects that consist of the construction,
minor or significant additions, rehabilitation or remodel of less than five
dwellings, where the gross floor area of each individual dwelling does not
exceed one thousand two hundred square feet, except as identified in
Section 17.106.030.B.1 of this Chapter;
6. Aesthetically insignificant projects which include modifications, additions,
reconstruction, rehabilitation, or remodel of existing structures or other site
features, that are not defined as a significant enlargement or modification,
and have no potential for conflict with the objectives of development
review as identified in Section 17.106.010 (Purpose and Intent).
SECTION 64. Section 17.106.030, entitled “Levels of Development Review” is
hereby amended to read as follows:
A. Three Levels. Three levels of Development Review are hereby established,
and the thresholds set forth below shall apply to Development Review.
B. Minor. Minor Development Review is a staff-level review process with public
notice provided, with no public hearing required. The following projects shall
be subject to Minor Development Review, including but not limited to;
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1. New single-unit residence and significant additions to an existing single-unit
residence as described in Section 17.106.020 (Enlargements and
Modifications), or small residential development projects where:
a. Architectural review is required as a condition of a subdivision approval,
use permit, or other discretionary entitlement;
b. The Director determines that the site is a “sensitive site” as set forth in
the Architectural Review Commission’s procedures manual;
c. The project site is within or along a creek or waterway, as identified in
the City’s General Plan Open Space Element
d. The project site is located on a parcel having an average natural slope
gradient of 16 percent or more;
2. Projects that include a public or private roof top deck, or upper -level
balconies or open space on a third-floor or above;
3. Multi-unit residential/mixed-use developments 10 units or less, which are
not defined to be a “small residential development project”;
4. Nonresidential/Mixed-use development with less than 2,500 gross square
feet of new construction;
5. Minor or incidental building addition or remodel, which is not considered
exempt under Section 17.106.020.C and is not considered a significant
enlargement or modification to a previously approved project, as described
in Section 17.106.020 (Enlargements and Modifications).
C. Moderate. Moderate Development Review is a discretionary Director-level
review process that includes public notice with a public hearing before the
Architectural Review Commission, including but not limited to;
1. Multi-unit residential/mixed-use developments between 11 and 49 units;
2. New single-unit developments between 11 and 49 units;
3. Nonresidential/mixed-use development with 2,500 to 10,000 gross square
feet of new construction;
4. Building addition or remodel, that is not considered minor or incidental or is
considered a significant enlargement or modification to a previously
approved project, as described in Section 17.106.020 (Enlargements and
Modifications).
D. Major. Major Development Review is a discretionary Planning Commission
review process that includes a recommendation from Architectural Review
Commission and public notice with a public hearing conducted as is required
for all Planning Commission actions.
1. Multi-unit residential/mixed-use developments with 50 units or more;
2. New single-unit developments with 50 units or more;
3. Nonresidential/mixed-use development with more than 10,000 gross
square feet of new construction;
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4. Significant additions and new construction of principal buildings in the C-D
zone;
5. Any development project for which an Environmental Impact Report is
required.
SECTION 65. Section 17.106.040, entitled “Recommendations from Advisory
Bodies” subsection A.2 (associated subsections a. and b. remain as written) is hereby
amended to read as follows:
2. For Major Development Review, the Architectural Review Commission shall
conduct a public hearing and make a recommendation to the Planning
Commission by forwarding its recommendation through the Director . The
Director shall have the authority to either:
SECTION 66. Section 17.108.010, entitled “Purpose and Intent” is hereby
amended to read as follows:
17.108.010 – Purpose and Intent
The purpose of this Chapter is to authorize the Director to act on certain applications on
an administrative basis, without a public hearing, due to the minor nature of a proposed
improvement, use of land, or allowed deviation from specified development standards
and as further described in this Chapter. Notwithstanding these provisions, the Director
shall have the authority to refer any application subject to this Chapter to a Director’s
Hearing or to the Planning Commission for consideration.
SECTION 67. Section 17.108.020, entitled “Applicability” is hereby removed from
the San Luis Obispo Municipal Code.
SECTION 68. Section 17.108.040 A, entitled “Required Findings” subsection 4. is
hereby amended to read as follows:
4. While site characteristics or existing improvements make strict adherence to
the Zoning Regulations impractical or infeasible, or the project nonetheless
conforms with the intent of these Regulations.
SECTION 69. Section 17.109.020, entitled “Applicability” is hereby removed from
the San Luis Obispo Municipal Code.
SECTION 70. Section 17.110.070, entitled “Required Findings” subsection A.2. is
hereby amended to read as follows:
2. The proposed use is allowed or conditionally allowed within the applicable zone
and complies with all other applicable provisions of these Zoning Regulations
and the Municipal Code;
SECTION 71. Section 17.110.080, entitled “Requirement for and Compliance with
Use Permits” subsection A. is hereby amended to read as follows:
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A. The modification or addition to a use requiring Use Permit approval shall itself
be subject to Use Permit approval. The Director shall determine when such an
addition or change is of such a minor or incidental nature that the intent of these
regulations can be met without further Use Permit control.
SECTION 72. Section 17.113.010.B, entitled “Applicability” subsection 3., is
hereby amended to read as follows:
3. Garage and yard sales involving the sale of personal property conducted in a
residential zone consistent with Section 17.86.190.C (Garage and Yard Sales).
SECTION 73. Section 17.120.020.B, entitled “Duties and Authority” subsection 2.
is hereby amended to read as follows:
2. Perform the duties and functions prescribed in these Zoning Regulations,
including the review of administrative development projects, in compliance with
these Zoning Regulations, Government Code Section 65901 et seq., and the
California Environmental Quality Act (CEQA);
SECTION 74. Chapter 17.120, entitled “Administrative Responsibility” is hereby
amended add a new Section 17.120.045, entitled “Cultural Heritage Committee” to read
as follows:
17.120.045 – Cultural Heritage Committee
The Cultural Heritage Committee shall have the duties and authority as established in
Chapter 14.01.030 (Historic Preservation Ordinance) of the Municipal Code.
SECTION 75. Section 17.120.050.C, entitled “Compliance” is hereby amended to
read as follows:
C. Compliance. The above-listed functions shall be performed in compliance with
these Zoning Regulations, and the California Environmental Quality Act
CEQA).
SECTION 76. Chapter 17.124, entitled “Amendments – Zoning Regulations and
Zoning Map” is hereby amended to add a new Section 17.124.050 entitled “Other
Requirements” to read as follows:
17.124.050 – Other requirements
Procedures for pre-zoning 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.
SECTION 77. Section 17.138.090.B, entitled “Affordable Housing Agreement” is
hereby amended to read as follows:
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B. Affordable Housing Agreement. Any incentives provided by the City, beyond
those incentives to which a developer may be automatically entitled to under
Chapter 17.140 (Affordable Housing Incentives) shall require approval by the
appropriate review authority and shall be set out in an affordable housing
agreement. The form and content of such agreement shall be to the approval
of the City Attorney and the Director. Developers are further encouraged to
utilize other local, State or Federal assistance, when available, to meet the
affordable housing standards.
SECTION 78. Section 17.138.140, entitled “Affordability Restrictions” is hereby
amended to read as follows:
17.138.140 – Affordability Restrictions
Developers of affordable units for sale shall specify the type of affordability restriction to
be applied. The developer shall choose to either: (1) participate in a shared equity
purchase program, as described in Section 17.138.150, or (2) enter into an affordable
housing agreement to ensure that affordability is maintained for the longest period
allowed or required by State law.
SECTION 79. Section 17.138.160, entitled “Early Resale of Shared Equity
Properties” is hereby amended to read as follows:
17.138.160 – Early Resale of Shared Equity Properties
In the event of “early resale,” owners of properties subject to the shared equity purchase
program shall either: (1) pay an equity recapture fee to the City as described in the
schedule below, in addition to the City’s equity share, or (2) sell the property to another
eligible household. “Early resale” shall mean the sale, lease, or transfer of property within
seven years of the initial close of escrow. If the owner chooses to pay the equity
recapture fee, the recapture fee shall be paid to the City upon resale at close of escrow,
based on the following schedule:
Table 8-1: Percent of Equity Build-up
Recaptured
Year % of Equity Build-up
Recaptured
0 – 3 100%
4 75%
5 50%
6 25%
7 and after 0%
The recapture amount shall be determined prior to the calculation of escrow closing
costs.
SECTION 80. Section 17.140.040, entitled “Standard Incentives for Housing
Projects” subsection A. is hereby amended to read as follows:
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A. This Section shall apply only to housing projects consisting of five or more
dwelling units, including mixed-use developments. Per State law, projects that
provide affordable housing are allowed up to a 50 percent density bonus based
on the tables outlined below for the respective affordability levels. In addition,
the Director may approve a density bonus in excess of 50 percent at the request
of the developer, as well as other concessions and incentives outlined in
Section 17.140.070.
SECTION 81. Section 17.140.040 Table 8-2 entitled “Table 8-2: Density Bonus for
Percentage of Low Income Dedicated Units” is hereby amended to read as follows:
Table 8-2: Density Bonus for
Percentage of Low Income
Dedicated Units
Percentage Low
Income Units
Percentage
Density Bonus
10 20
11 21.5
12 23
13 24.5
14 26
15 27.5
16 29
17 30.5
18 32
19 33.5
20 35
21 38.75
22 42.5
23 46.25
24 50
SECTION 82. Section 17.140.040 Table 8-3 entitled “Table 8-3: Density Bonus for
Percentage of Very-Low Income Dedicated Units” is hereby amended to read as follows:
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Table 8-3: Density Bonus for
Percentage of Very-Low Income
Dedicated Units
Percentage Very-
Low Income
Units
Percentage
Density Bonus
5 20
6 22.5
7 25
8 27.5
9 30
10 32.5
11 35
12 38.75
13 42.5
14 46.25
15 50
SECTION 83. Section 17.140.040 Table 8-4 entitled “Table 8-4: Density Bonus for
Percentage of Moderate Income Dedicated Units” is hereby amended to read as follows:
Table 8-4: Density Bonus for
Percentage of Moderate Income
Dedicated Units
Percentage
Moderate Income
Units
Percentage
Density
Bonus
10 5
11 6
12 7
13 8
14 9
15 10
16 11
17 12
18 13
19 14
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Table 8-4: Density Bonus for
Percentage of Moderate Income
Dedicated Units
Percentage
Moderate Income
Units
Percentage
Density
Bonus
20 15
21 16
22 17
23 18
24 19
25 20
26 21
27 22
28 23
29 24
30 25
31 26
32 27
33 28
34 29
35 30
36 31
37 32
38 33
39 34
40 35
41 38.75
42 42.5
43 46.25
44 50
SECTION 84. Section 17.140.060, entitled “Standard Incentives for Conversion of
Apartments to Condominium Projects” subsection F., is hereby amended to read as
follows:
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F. The City shall grant the developer’s request for development incentive(s)
unless the Review Authority makes written findings of fact that the additional
incentive(s) are not required to achieve affordable housing objectives as
defined in Section 50062.5 of the Health and Safety Code, or to ensure that
sales prices for the targeted dwelling units will be set and maintained in
conformance with City affordable housing standards.
SECTION 85. Section 17.140.070, entitled “Alternative or Additional Incentives”
subsection B., (subsection B.1 through B.6 shall remain as existing) is hereby amended
to read as follows:
B. Alternative incentive proposals shall include information set forth in Section
17.140.030 (Application Process), as well as a description of the requested
incentive. Alternative incentive proposals shall be considered by the Review
Authority and may include but are not limited to one or more of the following:
SECTION 86. Section 17.140.070, entitled “Alternative or Additional Incentives”
subsection E., is hereby amended to read as follows:
E. The Review Authority shall approve the requisite number of incentives or
concessions afforded by this Section. The Review Authority shall grant the specific
concession or incentive requested by the applicant unless it can make a written
finding, based upon substantial evidence, that the incentive or concession doesn’t
result in cost reductions, or would have a specific adverse impact upon public
health and safety or the environment or on historical properties that can’t be
mitigated, or would be contrary to state or federal law (Government Code
65915(d)(1).
SECTION 87. Section 17.140.070, entitled “Alternative or Additional Incentives”
subsection F., is hereby amended to read as follows:
F. The Review Authority’s action on any alternative incentive proposal shall be by
resolution. Any such resolution shall include findings relating to the information
required in subsection B or C of this Section.
SECTION 88. Chapter 17.146, entitled “Residential Occupancy Standards” is
hereby removed from the San Luis Obispo Municipal Code.
SECTION 89. Chapter 17.148, entitled “High-Occupancy Residential Use
Regulations” is hereby removed from the San Luis Obispo Municipal Code.
SECTION 90. Section 17.154.004, entitled “Organization” is hereby amended to
read as follows:
17.154.004 – Organization
This Article is subdivided into the following Chapters.
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A. Chapter 17.156 (Land Use Definitions) applies to land uses and activities
identified in Table 2-1: Uses Allowed By Zone of Section 17.10.020 (Use
Regulations By Zone).
B Chapter 17.158 (General Definitions) applies to all other terms used in Title 17.
C. Chapter 17.160 (Previous Land Use Definitions) applies to land use
classification identified in project approvals prior to the 2018 Zoning
Regulations Update and land use classification identified within existing
Specific Plans or Area Plans.
SECTION 91. Section 17.156.004, entitled “A Definitions”, the definition for
Agricultural Accessory Structure” is hereby amended to read as follows:
Agricultural Accessory Structure. Incidental and accessory structures and uses
located on the same site with a permitted agricultural use including farm offices,
barns, stables, coops, tank houses, storage tanks, wind machines, windmills, silos
and other farm outbuildings, private garages and carports, storehouses, garden
structures, produce stands, greenhouses, recreation rooms, private swimming
pools, and tennis courts for the use of the persons residing on the site.
SECTION 92. Section 17.156.006, entitled “B Definitions”, the definition for
Boarding House” is hereby amended to read as follows:
Boarding House. A boarding house is a residence or dwelling, other than a motel
or hotel, wherein two or more rooms, with or without individual or group cooking
facilities, are rented to six or more individuals under separate rental agreements
or leases, either written or oral, whether or not an owner, agent or rental manager
is in the residence. Meals may also be included. This use type includes convents,
monasteries, and student dormitories, but does not include “Fraternities and
Sororities,” which are separately defined, nor does it include a fraternity or sorority
that is not in good standing with the California Polytechnic University.
Notwithstanding this definition, no single-unit dwelling operated as a group home
pursuant to the Community Care Facilities Act, which is otherwise exempt from
local Zoning Regulations, shall be considered a boarding house.
SECTION 93. Section 17.156.012, entitled “E Definitions”, the definition for “Bars,
Live Entertainment and Taverns” under “Eating and Drinking Establishments” is hereby
reclassified as “Bars and Taverns” to read as follows:
Bars and Taverns. Any establishment that sells or serves alcoholic beverages for
consumption on the premises and is holding or applying for a public premise
license from the State Department of Alcoholic Beverages and in which persons
under 21 years of age are restricted from the premises. References to the
establishment shall include any immediately adjacent area that is owned, leased,
or rented, or controlled by the licensee. This use includes wine tasting rooms and
micro-breweries where alcoholic beverages are sold and consumed onsite and
any food service is subordinate to the sale of alcoholic beverages. Does not
include adult entertainment businesses.
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SECTION 94. Section 17.156.014, entitled “F Definitions” is hereby amended to
add a new definition for a new term entitled “Farmworker Housing” to be located after
the existing definition entitled “Farm and Feed Stores” to read as follows:
Farmworker Housing. Housing accommodation developed for and/or provided to
farmworkers and shall consist of any living quarters, dwelling, boarding house,
tent, barracks, bunkhouse, maintenance -of-way car, mobile home, manufactured
home, recreational vehicle, travel trailer, or other housing accommodation
maintained in one or more buildings and on one or more sites. Farmworker housing
includes:
1. Farmworker Dwelling Unit – Housing for up to six farmworkers or one
farmworker and his or her household.
2. Farmworker Housing Complex – Either housing that (1) contains group style
housing, such as barracks or a bunkhouse, with a maximum of thirty -six (36)
beds and is occupied exclusively by farmworkers; or (2) contains a maximum
of twelve (12) residential units occupied exclusively by farmworkers and their
households.
SECTION 95. Section 17.156.018, entitled “H Definitions” is hereby amended to
remove “Handicraft Manufacturing”, “High -occupancy Residential Use”, and “High
Occupancy Residential Use”, a duplicate definition, from its list of “H Definitions”.
SECTION 96. Section 17.156.020, entitled “I Definitions”, the definition for
Instructional Services” is hereby amended to read as follows:
Instructional Services. Commercial establishments that offer specialized
programs in personal growth and development provided on an individual or group
setting. Typical uses include classes or instruction in music, fitness, art, or
academics. Instructional Services also include rehearsal studios as an accessory
use.
SECTION 97. Section 17.156.026, entitled “L Definitions” is hereby amended to
add a new definition for a new term entitled “Live Entertainment” to be located after the
existing definition entitled “Liquor Stores” and reads as follows:
Live Entertainment. A facility providing entertainment, examples of which include,
but are not limited to, amplified live or recorded music and/or dancing, comedy,
disc jockeys, etc., or for which a cover fee or ticket may be required, which may
also serve alcoholic beverages for on-site consumption. Does not include activities
that are defined as ambient (see “Ambient Music”). Does not include facilities that
provide entertainment as a primary use (see “Sports and Entertainment Assembly
Facility”). Does not include adult entertainment businesses which is separately
defined, see Section 17.86.030 (Adult Business Uses).
SECTION 98. Section 17.156.026, entitled “L Definitions” is hereby amended to
add a new definition for a new term entitled “Low Barrier Navigation Centers” to be
located after the existing definition “Lodging” and reads as follows:
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Low Barrier Navigation Centers. Low-barrier, service-enriched shelter focused
on moving people into permanent housing that provides temporary living facilities
while case managers connect individuals experiencing homelessness to income,
public benefits, health services, shelter, and hou sing (see “Transitional Housing
and Supportive Housing”).
SECTION 99. Section 17.156.028, entitled “M Definitions” is hereby amended to
add language to the “Maintenance and Repair Services” definition , to read as follows:
Maintenance and Repair Services. Establishments engaged in the maintenance
or repair of office machines, household appliances, furniture, and similar items.
This classification includes base facilities for various businesses that provide
services on the premises of their clients such as gardening, janitorial, pest control,
water and smoke damage recovery, and appliance services (computer, electronic,
elevator, equipment, plumbing, and other maintenance and repair services not
operating from a retail establishment that sells the products be ing maintained or
repaired. This classification excludes maintenance and repair of vehicles or boats
see “Vehicle Sales and Services”), office-only facilities with no storage of the
equipment that is serviced (see “Offices”), and personal apparel (see “Personal
Services").
SECTION 100. Section 17.156.028, entitled “M Definitions” is hereby amended to
provide clarification to the “Multi-Unit Dwellings” definition, to read as follows:
Multi-Unit Dwellings. Two or more dwelling units attached or detached, not
including any Accessory Dwelling Units, on a site or lot. Types of multiple unit
dwellings include a duplex, townhouses, common interest subdivisions, garden
apartments, senior housing developments, and multistory apartment buildings.
Multi-unit dwellings may also be combined with non-residential uses as part of a
Mixed-Use Development.
SECTION 101. Section 17.156.030, entitled “N Definitions” is hereby amended to
provide clarification to the “Nightclubs” definition, to read as follows:
Nightclubs. See “Live Entertainment.”
SECTION 102. Section 17.156.044, entitled “V Definitions” is hereby amended to
provide clarification to the “Vacation Rentals” definition, to read as follows:
Vacation Rentals. A dwelling or part of a dwelling or recreational vehicle, where
lodging is furnished for compensation for fewer than 30 consecutive days. Does
not include fraternities, sororities, convents, monasteries, hostels, bed and
breakfast establishments, homestay rentals, hotels, motels, or boarding/rooming
houses, which are separately defined.
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SECTION 103. Section 17.158.008, entitled “B Definitions” hereby amends “Table
9-1: Rooms and Common Spaces Not Considered Bedrooms” within the “Bedroom”
definition to read as follows:
Table 9-1: Rooms and Common Spaces Not Considered Bedrooms
Hallway Den (see definition, Section 17.158.012)
Bathroom Mezzanine (see definition for requirements, Section
17.158.030)
Kitchen/breakfast nook Laundry room
Living room, family room,
dining room
Junior Accessory Dwelling Units (see definition, Section
17.156.022)
SECTION 104. Section 17.158.008, entitled “B Definitions” is hereby amended to
add a new definition entitled “Bicycle Parking Space.”, and three additional definitions
associated to “Bicycle Parking Space” entitled “Alternative Bicycle.”, “Long-term Bicycle
Parking.”, and “Short-term Bicycle Parking.” and reads as follows:
Bicycle Parking Space: The volume of space that is used to accommodate the
storage of one locked bicycle. Bicycle parking spaces are to be designed and
spaced in a way that accommodates for typical two-wheel bicycles and/or
alternative bicycles.
Alternative Bicycle: Non-traditional bicycles with larger parking space
requirements, including but not limited to, cargo bikes, bikes with trailers,
recumbent bikes, etc.
Long-term Bicycle Parking. Bicycle parking spaces designed for
employees, residents, public transit users, and other long -term users that
need to park their bike for several hours or more. Long-term bicycle parking
provides for increased security in lit and covered (weather protected)
locations. Common examples of long-term bike parking are storage lockers,
internal lockable rooms or enclosures reserved for bicycle storage, or
secured parking areas managed by attendants.
Short-term Bicycle Parking. Bicycle parking space used by visitors,
customers, and other short-term users of residential, commercial, and
institutional uses. Bicycle racks compliant with City standards are used to
satisfy this need.
SECTION 105. Section 17.158.018, entitled “G Definitions” is hereby amended to
provide clarification to the “Guest Quarters.” Definition, to read as follows:
Guest Quarters. A separate accessory space that does not provide direct access
to the living space of the primary residence (such as kitchen facilities), which may
be attached or detached, and may contain bathroom facilities including toilets,
bathing facilities, showers, or sinks but does not contain a kitchen (see “kitchen”
definition in Section 17.158.050: K Definitions).
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SECTION 106. Section 17.158.022, entitled “I Definitions” is hereby amended to
provide clarification to the “Intermittent use.” Definition, to read as follows:
Intermittent use. A Temporary Use (see “Temporary Use”) that occurs no more
than 120 days in a year, but which may continue from year to year.
SECTION 107. Section 17.158.034, entitled “L Definitions” is hereby amended to
add a new definition entitled “Landscape Area” located before the definition entitled
Landscape, Rehabilitated” and reads as follows:
Landscape Area. Landscape area means all the planting areas, turf areas, and
water features in a landscape design plan. The landscape area does not include
footprints of buildings or structures, sidewalks, driveways, parking lots, decks,
patios, gravel or stone walks, artificial turf, other pervious or non -pervious
hardscapes, and other non-irrigated areas designated for non-development (e.g.,
open spaces and existing native vegetation).
SECTION 108. Section 17.158.034, entitled “O Definitions” is hereby amended to
add a new definition entitled “Outdoor Furniture.” located after the definition entitled
Owner Occupancy” and reads as follows:
Outdoor Furniture. Furniture such as chairs, tables, settees or loungers, suited
for use on an open porch or patio, i.e. furniture that is designed and intended for
outdoor use such that it is weather proof or weather resistant and generally will not
be damaged by exposure to rain, sun or other outdoor elements.
SECTION 109. Section 17.158.036, entitled “P Definitions” is hereby amended to
add a new definition entitled “Patio” located after the definition entitled “Parking
Management Plan” and reads as follows:
Patio. An outdoor space paved with concrete, rock, bricks, or other pavers that
adjoins a residence and is designed and intended for standing, sitting, dining or
recreation.
SECTION 110. Section 17.158.036, entitled “P Definitions” is hereby amended to
add a new definition entitled “Porch” located after definition entitled “Planning
Commission” and reads as follows:
Porch. A covered deck, landing or platform adjoining an entrance to a residence
or other building.
SECTION 111. Chapter 17.160, entitled “Airport Overlay Zone Land Use
Definitions (Table 2-24)” is hereby retitled as “Previous Land Use Definitions” to read as
follows:
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Chapter 17.160: Previous Land Use Definitions
SECTION 112. 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 sub divisions,
paragraphs, sentences, clauses, or phrases be declared invalid or unenforceable .
SECTION 113. Implementation. 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
or when considered and approved as necessary upon referral by the San Luis Obispo
Airport Land Use Commission, whichever occurs later.
INTRODUCED on the ___ day of ___, 2021, AND FINALLY ADOPTED by the
Council of the City of San Luis Obispo on the ___ day of ___, 2021, on the following vote:
AYES:
NOES:
ABSENT:
Mayor Erica A. Stewart
ATTEST:
Teresa Purrington, City Clerk
APPROVED AS TO FORM:
J. Christine Dietrick, City Attorney
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the
City of San Luis Obispo, California, on ______________________.
Teresa Purrington, City Clerk
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ORDINANCE NO. _____ (2021 SERIES)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, APPROVING CLARIFICATION OF BEE
KEEPING REGULATIONS (TITLE 6); AND AN UPDATE TO THE
CITY’S ZONING REGULATIONS (TITLE 17) OF THE MUNICIPAL
CODE INCLUDING AMENDMENTS TO IMPLEMENT SEVERAL 6th
CYCLE HOUSING ELEMENT POLICIES TO STREAMLINE
DEVELOPMENT REVIEW PROCESSES FOR CERTAIN HOUSING
PROJECTS, PROVIDE CONSISTENCY WITH THE UPDATED SAN
LUIS OBISPO COUNTY AIRPORT LAND USE PLAN, AND
ADDITIONAL MISCELLANEOUS CLEAN-UP ITEMS WITH AN
EXEMPTION FROM ENVIRONMENTAL REVIEW (CEQA) (ZONING
REGULATIONS, CODE-0663-2021)
WHEREAS, on February 5, 2019, the City of San Luis Obispo adopted a
comprehensive update of the Zoning Ordinance (2018 Zoning Ordinance); and
WHEREAS, on March 3, 2020, The City of San Luis Obispo adopted a
comprehensive update of the Zoning Ordinance specifically to address consistency
regarding Accessory Dwelling Units due to recent state legislature; and
WHEREAS, after more than 18 months of implementation of the 2018 Zoning
Ordinance Update, a number of minor changes and corrections have been identified in
order to correct errors and omissions, clarify confusing or ambiguous
language/references, and add clarification to development review processes to more
efficiently implement policies and programs of the City of San Luis Obispo’s General
Plan that are implemented through Zoning Regulations (Title 17); 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 November 17, 2020, for the purpose of final adoption of the sixth cycle
update to the General Plan Housing Element that included Program 5.5 that states,
Update the Zoning Regulations to allow mixed -use development within Service
Commercial (C-S) and Manufacturing (M) zones without a use permit within one year of
the adoption of the Housing Element.”; and
WHEREAS, the 6th Cycle Housing Element includes Program 8.18 that states,
Review and amend the Zoning Regulations within one year of Housing Element adoption
to ensure compliance with: 1) the Supportive Housing Streamlining Act (AB 2162) to allow
supportive housing a use-by-right in zones where multi-family and mixed uses are
permitted, including nonresidential zones permitting multifamily uses, if the proposed
development meets specified criteria; and 2) AB 101, to allow Low Barrier Navigation
Centers by-right in all residential zones, areas zoned for mixed-uses, and nonresidential
zones permitting multifamily uses.”; and
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WHERAS, the 6th Cycle Housing Element includes Program 8.23 Update Zoning
Regulations, within one year of Housing Element adoption, to be consistent with the
Employee Housing Act; including: 1) an update of Table 2 -1 to allow single-unit dwellings
without a Conditional Use Permit within the Open Space and Conservation (C/OS) zone
and employee housing consisting of no more than 36 beds in a group quarters, or 12 units
or separate rooms or spaces designed for use by a single -family or household within the
C/OS and AG zones, and 2) remove Chapter 17.148 - High-Occupancy Residential Use
Regulations.”; and
WHEREAS, the Board of Supervisors of the County of San Luis Obispo, on May
26, 2021, adopted an update to the San Luis Obispo County Airport Land Use Plan and
the State Aeronautical Act (SAA) requiring timely action to make minor amendments to
the Zoning Ordinance (Title 17) for consistency; and
WHEREAS, the State of California Office of Housing and Community
Development, on September 3, 2021, certified the City of San Luis Obispo’s 6th Cycle
General Plan Housing Element as in full compliance with State Law; and
WHEREAS, On July 20, 2021, the City Council asked staff for clarification of
Municipal Code provisions for the keeping of bees regarding desired agricultural
application; and
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 October 13, 2021, for the purpose of recommending the various
amendments to implement programs of the 6th Cycle Housing Element, ensure
consistency with the San Luis Obispo County Airport Land Use Plan, and for
miscellaneous clean-up purposes to Title 6 and Title 17 of the Municipal Code; 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 November 16, 2021, for the purpose r the amendments to the Title 17 of
the Municipal Code;
WHEREAS, notices of said public hearing were made at the time and in the
manner required by law.
WHEREAS, the City Council has duly considered all evidence, including
the testimony of the applicant, interested parties, and the evaluation and
recommendations by staff, presented at said hearing .
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of San Luis
Obispo as follows:
SECTION 1. Incorporation of Recitals. The City Council find that the foregoing
recitals and administrative report presented with this ordinance are true and correct and
are incorporated in the ordinance by this reference and adopted as the findings of the
City Council.
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SECTION 2. Findings. Based upon all the evidence, the City Council makes the
following finding:
1. The proposed amendments to Titles 6 and 17 will not cause significant health,
safety, or welfare concerns since the amendments are consistent with the
General Plan and directly implement City goals and polices.
2. The proposed amendments to Title 17 are also consistent with the 6th Cycle
Housing Element and implements many policies and programs including
programs 5.5, 6.23, 8.18 and 8.23. Additional follow up actions will be needed
in order to further implement Housing Element policies and programs not
addressed by this Zoning Code Update.
SECTION 3. Environmental Determination. The proposed amendments to the
Municipal Code Title 6 and 17 have been assessed in accordance with the authority and
criteria contained in the California Environmental Quality Act (CEQA), the state CEQA
Guidelines, and the environmental regulations of the City. Specifically, the proposed
amendments have been determined to be exempt from further environmental review
pursuant to CEQA Guidelines Section 15061(b)(3), the “Common Sense” exemption,
because the proposed actions will have no possibility of a significant effect on the
environment and will not cause impacts. In this case, minor amendments to streamline
the development review process by allowing supportive and employee housing in
expanded districts, to reduce the number of public hearings required for housing projects
and to expand districts to allow mixed use projects, are consistent with State Law
requirements and the City’s 6th Cycle Housing Element and will not have an significant
effect and project specific environmental review will be required; additionally, minor
amendments to regulations in Chapter 17.64 and Sections 17.10.020.D and 17.70.020
require continued referral of certain projects to the San Luis Obispo County Airport Land
Use Commission and clarify existing procedure and will not cause significant effects or
cause impacts; further, the minor amendments throughout Title 17 as outlined in the staff
memorandum to City Council on November 16, 2021 are included to provide for
grammatic correction, clarity, comprehensibility and internal and procedural consistency
and are not anticipated to have a significant effect on the environment or cause impacts,
and lastly, minor amendments to Title 6 to add limited provision for the keeping of bees
for agricultural purposes on lands zoned Agriculture or Conservation/Open Space , are
not anticipated to cause significant effect on the environment or cause impacts.
SECTION 4. Section 6.28.070 entitled “Bees Prohibited” is hereby amended as
follows:
Section 6.28.070 Bees Prohibited – Exception
No person, firm or corporation shall keep bees within the corporate limits; provided, that
nothing herein contained shall be deemed to apply to keeping of bees for the purpose of
study and observation in a hive or box, which is situated and kept within a school
building, or for agricultural purposes located within a Conservation/Open Space or
Agriculture zoning district.
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SECTION 5. Section 17.06.020 D, entitled “Table 1-1: Zones Established”, is
hereby amended to add “Business Park” and “BP” as a new, Nonresidential Zone; and
remove “Airport Overlay” and “AO” from “Overlay Zones”.
Table 1-1: Zones Established
Nonresidential Zones
BP Business Park
Overlay Zones
AO Airport Overlay
SECTION 6. Section 17.10.020 C, entitled “Primary and Accessory Uses”, is
hereby amended as follows:
C. Primary and Accessory Uses. Listed uses are primary uses. Accessory uses are
allowed only where a primary use is established, as defined in Section 17.158.046
U Definitions). An accessory use may be allowed if it is listed as an allowed or
conditionally allowed use in Table 2-1 for the applicable zone. Bars and Taverns,
Live Entertainment, or other uses or activities as identified in Article 4 (Regulations
for Specific Land Uses and Activities), are not considered accessory uses, unless
specifically defined as accessory in Article 4 (Regulations for Specific Land Uses
and Activities) or Article 9 (Definitions).
SECTION 7. Section 17.10.020 D, entitled “Airport Land Use Plan and Airport
Overlay Zone” is hereby amended as follows:
D. Airport Land Use Plan and Airport Overlay Zone. See Chapter 17.64 (Airport
Overlay Zone) concerning uses that may be allowed within the Airport Overlay Zone.
Land Uses within the Airport Land Use Plan (ALUP) boundaries shall be consistent with
ALUP Table 4-5 (Airport Land Use Compatibility Table) as identified in the Amended and
Restated San Luis Obispo County Regional Airport (SBP) Airport Land Use Plan.
Properties within Specific Plan areas that are also within the boundaries of the ALUP
Airport Influence Area (AIA), shall be reviewed for conformance with the standards of
their respective Specific Plans, which have received a determination of consistency with
the ALUP from the Airport Land Use Commission.
SECTION 8. Section 17.10.020 Table 2-1 entitled “Uses Allowed By Zone” is
hereby amended as reflected in EXHIBIT A.
SECTION 9. Section 17.16.020.A, entitled “Table 2-4: R-1 Zone Development
Standards” is hereby amended to include the addition of Parking Space requirements
for Enclosed and Unenclosed Parking Spaces to maintain consistency with Section
17.70.170.C.10., as follows:
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Table 2-4: R-1 Zone Development Standards
Development Standard R-1 Zone Additional Regulations
Maximum Residential
Density 7 units/net acre See also Section 17.70.040 (Density)
Maximum FAR 0.4
Maximum FAR may be increased up to 0.50 if
consistent with Section 17.16.030.A
Requirements and Findings for FAR Increase
in R-1 Zone). See also Section 17.70.060
FAR Measurement and Exceptions)
Minimum Setbacks
Front 20 feet See also Section 17.76.030 (Front Yard
Paving)
Interior Side and Rear See Section 17.16.020.B, Table 2-5: R-1 Zone Minimum Interior
Side and Rear Setbacks.
Corner Lot – Street Side
10 feet. See
Figure 2-1: Street
Side Setback on
Corner Lots
See also Figure 2-1: Street Side Setback on
Corner Lots.
Parking Spaces 20 feet See Section 17.70.170.C.10 (Enclosed and
Unenclosed Parking Spaces in Front and
Street Side Setback Prohibited)
Maximum Building Height 25 feet
Roof pitches with a slope of at least 30
degrees above a horizontal plane may extend
beyond the maximum height no more than 30
inches. See also Sections 17.16.020.B
Interior Side and Rear Setback Standards)
and 17.70.080 (Height Measurement and
Exceptions).
Maximum Lot Coverage 40% See also Section 17.70.120 (Lot Coverage)
Minimum Lot Area 6,000 square feet See also Section 16.18.030 (Subdivisions; Lot
Dimensions)
SECTION 10. Section 17.18.020.A, entitled “Table 2-6: R-2 Zone Development
Standards” is hereby amended to include the addition of Parking Space requirements
for Enclosed and Unenclosed Parking Spaces to reference Section 17.70.170.C.10., as
follows:
Table 2-6: R-2 Zone Development Standards
Development Standard R-2 Zone Additional Regulations
Maximum Residential
Density
12 units/net acre See also Section 17.70.040 (Density).
Regardless of the density calculation, at least
two density units shall be allowed on each
parcel; except this shall not apply to common
interest subdivisions.
Minimum Setbacks
Front 20 feet See also Section 17.76.030 (Front Yard
Paving)
Interior Side and Rear See Section 17.18.020.B, Table 2-7: R-2 Zone Minimum Interior
Side and Rear Setbacks.
Corner Lot - Street Side 10 feet. See
Figure 2-3: Street
Side Setback on
Corner Lots
See also Figure 2-3: Street Side Setback on
Corner Lots.
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Parking Spaces 20 feet See Section 17.70.170.C.10 (Enclosed and
Unenclosed Parking Spaces in Front and
Street Side Setback Prohibited)
Maximum Building Height 35 feet See also Sections 17.18.020.B (Interior Side
and Rear Setback Standards) and 17.70.080
Height Measurement and Exceptions).
Maximum Lot Coverage 50% See also Section 17.70.120 (Lot Coverage)
Minimum Lot Area 5,000 square feet See also Section 16.18.030 (Subdivisions; Lot
Dimensions)
SECTION 11. Section 17.20.020.A, entitled “Table 2-8: R-3 Zone Development
Standards” is hereby amended to clarify the Maximum Residential Density and add
Parking Space requirements for Enclosed and Unenclosed Parking Spaces to reference
Section 17.70.170.C.10., as follows:
Table 2-8: R-3 Zone Development Standards
Development Standard R-3 Zone Additional Regulations
Maximum Residential
Density
20 units/net acre
18 units/net acre
for properties
within an Airport
Safety zone
See also Section 17.70.040 (Density).
Regardless of the density calculation, at least
three density units shall be allowed on each
parcel; except this shall not apply to common
interest subdivisions.
Minimum Setbacks
Front 10 feet See also Section 17.76.030 (Front Yard
Paving)
Interior Side and Rear See Section 17.20.020.B, Table 2-9: R-3 Zone Minimum Interior
Side and Rear Setbacks.
Corner Lot - Street Side 10 feet
Parking Spaces 20 feet See Section 17.70.170.C.10 (Enclosed and
Unenclosed Parking Spaces in Front and
Street Side Setback Prohibited)
Maximum Building Height 35 feet See also Sections 17.20.020.B (Interior Side
and Rear Setback Standards) and 17.70.080
Height Measurement and Exceptions).
Maximum Lot Coverage 60% See also Section 17. 70.120 (Lot Coverage)
Minimum Lot Area 5,000 square feet See also Section 16.18.030 (Subdivisions;
Lot Dimensions)
Edge Condition
Requirements
See Section 70.050 (Edge Conditions)
SECTION 12. Section 17.22.020.A, entitled “Table 2-10: R-4 Zone Development
Standards” is hereby amended to include the addition of Parking Space requirements
for Enclosed and Unenclosed Parking Spaces to reference Section 17.70.170.C.10., as
follows:
Table 2-10: R-4 Zone Development Standards
Development Standard R-4 Zone Additional Regulations
Maximum Residential
Density
24 units/net acre See also Section 17.70.040 (Density).
Regardless of the density calculation, at least
four density units shall be allowed on each
parcel; except this shall not apply to common
interest subdivisions.
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Minimum Setbacks
Front 10 feet See also Section 17.76.030 (Front Yard
Paving)
Interior Side and Rear See Section 17.20.020.B, Table 2-11: R-4 Zone Minimum Interior
Side and Rear Setbacks.
Corner Lot - Street Side 10 feet
Parking Spaces 20 feet See Section 17.70.170.C.10 (Enclosed and
Unenclosed Parking Spaces in Front and
Street Side Setback Prohibited)
Maximum Building Height 35 feet See also Sections 17.20.020.B (Interior Side
and Rear Setback Standards) and 17.70.080
Height Measurement and Exceptions).
Maximum Lot Coverage 60% See also Section 17. 70.120 (Lot Coverage)
Minimum Lot Area 5,000 square feet See also Section 16.18.030 (Subdivisions; Lot
Dimensions)
Edge Condition
Requirements
See Section 70.050 (Edge Conditions)
SECTION 13. Section 17.24.020.A, entitled “Table 2-12: O Zone Development
Standards” is hereby amended to include the addition of Parking Space requirements
for Enclosed and Unenclosed Parking Spaces to reference Section 17.70.170.C.10., as
follows:
Table 2-12: O Zone Development Standards
Development Standard O Zone Additional Regulations
Maximum Residential
Density
12 units/net acre See also Section 17.70.040 (Density).
Regardless of the density calculation, at least
two density units shall be allowed on each
parcel; except this shall not apply to common
interest subdivisions.
Minimum Setbacks
Front 15 feet See also Section 17.76.030 (Front Yard
Paving)
Interior Side and Rear See Section 17.22.020.B, Table 2-13: O Zone Minimum Interior
Side and Rear Setbacks.
Corner Lot - Street Side 15 feet
Parking Spaces 20 feet See Section 17.70.170.C.10 (Enclosed and
Unenclosed Parking Spaces in Front and
Street Side Setback Prohibited)
Maximum Building Height 35 feet See also Sections 17.22.020.B (Interior Side
and Rear Setback Standards) and 17.70.080
Height Measurement and Exceptions).
Maximum Lot Coverage 60% See also Section 17.70.120 (Lot Coverage)
Maximum Floor Area Ratio 1.5 See also Section 17.70.060 (FAR
Measurement and Exceptions)
Minimum Lot Area 5,000 square feet See also Section 16.18.030 (Subdivisions; Lot
Dimensions)
Edge Condition
Requirements
See Section 17.70.050 (Edge Conditions)
SECTION 14. Section 17.26.030, entitled “Additional Regulations” is hereby
amended to add a new subsection C entitled “Number of Parking Spaces Required in
the C-N Zone.”, as follows:
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C. Number of Parking Spaces Required in the C-N Zone. See Section 17.72.030.C
Required Parking)
SECTION 15. Section 17.32.030, entitled “Additional Regulations” is hereby
amended to add a new subsection G entitled “Number of Parking Spaces Required in
the C-D Zone.”, and reads as follows:
G. Number of Parking Spaces Required in the C-D Zone. See Section
17.72.030.D (Required Parking)
SECTION 16. Chapter 17.64, entitled “Airport (AOZ) Overlay Zone”, is hereby
removed from the San Luis Obispo Municipal Code in its entirety.
SECTION 17. Chapter 17.70 entitled “Site Development and General
Development Standards” is hereby amended to add a new subsection Section
17.70.020 entitled “Airport Land Use Plan Consistency” and add Figure 3-1 “Airport
Land Use Plan Airport Influence Area (AIA)” (existing Figures 3-1 through 3-20 are
hereby relabeled as 3-2 through 3-21, respectfully, including all text references
throughout Title 17) to read as follows:
17.70.020 – Airport Land Use Plan Consistency
A. Requirement for Consistency. All projects including but not limited to
renovation, remodeling, new construction, or granting of any permits for land
uses or other activities, shall be consistent with the height, use, noise, safety, and
density criteria of the Amended and Restated San Luis Obispo County Regional
Airport (SBP) Airport Land Use Plan (ALUP).
B. Applicability. The requirement for consistency with the ALUP applies to all
projects within the boundaries of the Airport Influence Area (AIA) within City
limits. Properties within Specific Plan areas that are also within the boundaries of
the ALUP AIA shall be reviewed for conformance with the standards of their
respective Specific Plans, which have received a determination of consistency
with the ALUP from the Airport Land Use Commission.
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Figure 3-1: Airport Land Use Plan Airport Influence Area (AIA)
SECTION 18. Section 17.70.040.A.1., entitled “Density Calculation – General”
is hereby amended as follows:
1. Density Calculation – General. Density Units are calculated based on the net
area of a property subject to thresholds established per zone. In the AG, C/OS,
R-1 zones, each single-unit dwelling counts as one density unit. In the other
zones, different size dwellings have density unit values as follows:
SECTION 19. Section 17.70.040.A.2.a. Table 3-1 entitled: Table 3-1: Maximum
Residential Density for Cross-Slope Categories” is hereby amended to correct the
Maximum Density Allowed in R-3 Zones based on slope, as follows:
Table 3-1: Maximum Residential Density for Cross-Slope Categories
Average
Cross-
Slope in
Maximum Density Allowed (units per net acre)
R-1
R-2, O,
C-N,
C-T
R-3 R-4
C/OS, AG, PF, C-R, C-D, C-
C
C-S, M
0 – 15 As allowed in the Zoning Regulations for that zone.
16 – 20 4 6 9 10 12 As allowed in the Zoning
Regulations for that zone.
21 – 25 2 4 6 7 8 As allowed in the Zoning
Regulations for that zone.
26+ 1 2 3 4 As allowed in the Zoning
Regulations for that zone.
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SECTION 20. Section 17.70.050.B., entitled “Table 3-2: Edge Condition Zones”
is hereby amended to include “Business Park” in the list of Edge Condition Zones , as
follows:
Table 3-2: Edge Condition Zones
Zones Receiving Transition R-1, R-2
Zones Providing Transition R-3, R-4, O, PF, C-N, C-C, C-D, C-R, C-T, C-S, M, BP
SECTION 21. Section 17.70.050 D. 1., entitled “FAR Reduction” is hereby
amended as follows:
1. FAR Reduction. The maximum floor area ratio for a property in a zone providing
transition shall be 10 percent less than indicated in the Zoning Regulations for
that zone (Chapters 17.12 through 17.64 17.60, inclusive).
SECTION 22. Section 17.70.070.C.3., entitled “Driveway Gates” is hereby
amended as follows:
3. Driveway Gates. In the R-1 zone, gates across driveways shall be set back a
minimum of 10 feet behind the property line. In all other zones, gates across
driveways shall allow for adequate space to queue vehicles entering the property
consistent with Section 12.38.040 (Parking and Driveway Standards).
SECTION 23. Section 17.70.120.A., entitled “Purpose and Application” is hereby
amended as follows:
A. Purpose and Application. As defined in Chapter 17.158 (General Definitions),
lot coverage is the ratio of the total area of a lot covered by the footprint of all
structures to the net lot area, typically expressed as a percentage of the total lot
area, including all buildings, decks, balconies, porches, accessory structures and
accessory dwellings, and similar architectural features. Maximum coverage shall
be as provided in the specific property development standards for the various
zones in Chapters 17.12 through 17.64 17.60, inclusive.
SECTION 24. Section 17.70.130.D.1.a., entitled “Ground Floor Limitations” is
hereby amended as follows:
a. Ground Floor Limitations. In the C-D zone, residential units shall not occupy
any ground floor space. In all other zones, residential units shall not occupy more
than 50 percent of the ground floor space within the first 50 feet of floor area
measured from each building face adjacent to a street toward the rear of the
building unless the review authority finds that the project enhances the pedestrian
environment in the surrounding area or will perform a function or provide a service
that is essential or beneficial to the community or City, with no more than 30
percent of the building frontage to be occupied by residential uses.
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SECTION 25. Section 17.70.150. A., entitled “Height” is hereby amended to
clarify internal consistency, as follows:
A. Height. The height of any railings or parapets, exterior stairways, and other access
features such as stairwells or elevators for access to roof decks shall not exceed
the maximum allowable building height for the structure, including exceptions
except as allowed by Section 17.70.080 (Height Measurement and Exceptions).
SECTION 26. Section 17.70.150.B., entitled “Furniture” is hereby repealed and
Subsections C and D entitled “Performance Standards” and “Edge Conditions” are hereby
reclassified as subsections B. and C. respectively:
B. Furniture. No furniture or equipment, including chairs, mattresses, couches,
recreational furniture, or other materials may be placed on any roof, patio cover,
carport, shed top, or similar structure, except for the following.
1. Roof-top equipment, including antennas, satellite dishes, masts, poles,
heating, ventilation, air conditioning equipment, and similar devices that are
designed for roof-top installation, and were lawfully installed, may remain on
the roof as long as they are properly maintained.
2. Furniture or other equipment may be placed on a roof deck or other similar
place that was lawfully designed and created for such use. All such furniture
and accessories located on a roof deck shall be secured as necessary to
prevent wind damage or dislocation.
SECTION 27. Section 17.70.170.C.6., entitled “Mechanical Equipment” is hereby
amended for internal consistency with Chapter 9.12 (Noise Control) and reads as follows:
1. Mechanical Equipment. Mechanical equipment shall comply with required
setbacks, with the following exceptions:
a. Ground mounted heating and air conditioning equipment, and tTankless
water heaters shall be setback not less than 30 inches from the side and
rear property lines may encroach into the required side and rear setbacks
by 30 inches and shall comply with Chapter 9.12 (Noise Control) of the
Municipal Code.
b. Mechanical equipment serving swimming pools, spas, and water features
shall be set back not less than three feet from a side or rear property line.
All such equipment shall be acoustically shielded to comply with Chapter
9.12 (Noise Control) of the Municipal Code.
c. All ground-mounted heating and air conditioning equipment shall be set
back not less than five feet from any side or rear property line and shall
comply with Chapter 9.12 (Noise Control) of the Municipal Code.
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SECTION 28. Section 17.70.170.D.1.b., entitled “Reduced Front or Street Side
Setback for New Structure Providing Additional Creek Setback.” is hereby amended as
follows:
b. Reduced Front or Street Side Setback for New Structure Providing Additional
Creek Setback. Where a new structure provides a rear or side creek setback
larger than required by these Zoning Regulations, the required front and/or street
side setback, respectively, shall be reduced by one foot for each one foot of
additional creek setback, so long as the front and street side setback is at lea st
one-half that required by the zone in which the property is located. Refer to the
front and street side setback standards for each zone in Chapters 17.12 through
17.64 17.60, inclusive.
SECTION 29. Section 17.72.020.C., entitled “Parking Calculations” is hereby
amended to add new subsection 3., entitled “Accessory Uses”, to read as follows:
3. Accessory Uses. If a primary use includes accessory uses that generate higher
parking requirements than the primary use, such as an accessory bar or tasting
room to a brewery or other uses or activities as identified in Article 4 (Regulations
for Specific Land Uses and Activities), the Director may require that the accessory
activity provide parking in accordance with Table 3-4 (Parking Requirements by
Use) in addition to the parking required for the primary use. Accessory offices shall
not require additional parking, unless stated otherwise.
SECTION 30. Section 17.72.030 Table 3-4 entitled “Parking Requirements by Use”
is hereby amended to remove “Handicraft Manufacturing” from the table, to read as
follows:
Table 3-4: Parking Requirements by Use
Type of Land Use Number of Off-Street Parking Spaces Required
PUBLIC AND ASSEMBLY USES
Handicraft Manufacturing 1 space per 1,000 sf
SECTION 31. Section 17.72.030 Table 3-4 entitled “Parking Requirements by Use”
is hereby amended to add language to the “Number of Off-Street Parking Spaces
Required” for “Religious Assembly Facilities” to read as follows:
Table 3-4: Parking Requirements by Use
Type of Land Use Number of Off-Street Parking Spaces Required
PUBLIC AND ASSEMBLY USES
Religious Assembly Facilities 1 space per 100 sf in largest assembly room
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SECTION 32. Section 17.72.030 Table 3-4 entitled “Parking Requirements by
Use” is hereby amended to remove language from the “Type of Land Use” entitled
Food Preparation” to read as follows:
Table 3-4: Parking Requirements by Use
Type of Land Use Number of Off-Street Parking Spaces Required
COMMERCIAL USES
Food Preparation (no on-site
sales or service) 1 space per 1,500 sf
SECTION 33. Section 17.72.050.C.1., entitled “Criteria for Approval” is hereby
amended to read as follows:
1. Criteria for Approval. The review authority may only approve a request for
reduced parking if it finds that:
SECTION 34. Section 17.72.050.C.3., entitled “Reduction Rates” is hereby
removed, including its subsections a. and b. Current subsection 4. Entitled “Vehicle Trip
Reduction Plan” is now reformatted as subsection 3, and reads as follows.
3. Reduction Rates. The review authority may consider the following rates for
parking reductions associated with a parking demand study:
a. One car space for each five motorcycle spaces provided in excess of required
parking.
b. One car space for each five bicycle spaces provided in excess of required
parking. All bicycle parking that exceeds the required number of spaces shall
be apportioned between short-term and long-term bicycle spaces as stipulated
by Table 3-6: Required Bicycle Parking. Any additional bicycle parking provided
for residential uses shall be covered.
3. 4. Vehicle Trip Reduction Plan. Based on the parking study, the Director may
require implementation of a vehicle trip reduction plan and such other conditions
deemed necessary to reduce parking demand.
SECTION 35. Section 17.72.050, entitled “Parking Reductions” is hereby
amended to add new subsection F., entitled “Bicycle and Motorcycle Parking Reduction
Rates” to read as follows:
F. Bicycle and Motorcycle Parking Reduction Rates. The review authority may
consider the following rates for parking reductions:
1. One car space for each five motorcycle spaces provided in excess of required
parking spaces, up to a 10 percent reduction, reductions greater than 10
percent shall comply with subsection C of this section.
2. One car space for each five bicycle spaces provided in excess of required
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parking, up to a 10 percent reduction, reductions greater than 10 percent shall
comply with subsection C of this section. All bicycle parking that excee ds the
required number of spaces shall be apportioned between short-term and long-
term bicycle spaces as stipulated by Table 3-6: Required Bicycle Parking. Any
additional bicycle parking provided for residential uses shall be provided for
long-term storage.
SECTION 36. Section 17.72.060.A., entitled “Nonconforming Parking” is hereby
amended to read as follows:
A. Nonresidential Additions and Reconstruction. When expansion of floor area
creates an increase of 10 percent or more in the number of required onsite parking
spaces in an existing nonresidential building, additional onsite parking shall be
provided for such addition and not for the entire building or site. Additional parking
spaces are not required for the reconstruction of an existing building when there is
no less than 10 percent increase in floor area.
SECTION 37. Section 17.72.070.A., entitled “Applicability” is hereby amended to
remove subsection 2., including associated subsections a. and b., as follows:
2. The provisions of this Section shall not apply to:
a. Single unit residential dwellings, or accessory dwelling units.
b. Any site where there is less than 2,500 square feet of gross building area.
SECTION 38. Section 17.72.090 B. 1., entitled “Residential Uses” is hereby
amended to remove reference to nonresidential to read as follows:
1. Residential Uses. Required parking spaces serving nonresidential uses shall be
located on the same lot as the use they serve or in an off-site parking facility as
provided in subsection B.3 (Off-Site Parking Facilities) of this Section. If located in
an off-site parking facility, a parking agreement shall be filed as provided in
subsection B.3.b (Parking Agreement) of this Section. Refer to Section 17.76.040
Front Yard Parking) for additional residential parking location regulations
associated with single-unit residential dwellings and accessory dwelling units.
SECTION 39. Section 17.76.040, entitled “Front Yard Parking” is hereby
amended to add new subsection E. to read as follows:
E. Legal Non-Conforming Front Yard Parking. In cases where permits have been
granted to allow parking in the front yard area that is not in conformance with
subsection B of this Section; Or, in cases where evidence has been provided that
the pavement surfacing has been constructed for the purposes of parking a vehicle
in compliance with Section 12.38.040 (Parking and Driveway Standards) prior to
the adoption of Ordinance No. 941 (1982 Series) establishing Section
17.70.170.C, such parking shall be considered a legal non -conforming use, and
may continue.
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SECTION 40. Section 17.76.060.B., entitled “Trash Receptacles” is hereby
amended to read as follows:
B. Trash Receptacles. Trash, green waste, and recycling receptacles shall not be
within the front yard (see definition of “front yard” in Section 17.158.016 – F
Definitions) area except as provided in Chapter 8.04, which states and as stated
below:
Trash and garbage containers shall not be placed adjacent to the street for pickup
more than 24 hours before pickup time, and such containers shall be removed
within the 12-hour period following pickup. Trash and recycling containers shall not
be placed adjacent to the street for pickup before 5:00 pm or the close of business
on the day preceding pickup, whichever is later. Such containers located within the
C-D zone shall be removed before 10:00 am following pickup.
Trash, green waste, and recycling receptacles shall be completely screened from
public view from the public right-of-way that abuts the front yard by a fence,
landscaping, or wall that is otherwise allowed by zoning and building codes. Multi -
unit residential developments that are approved for individual waste wheelers shall
remove waste wheelers from the common area visible from the public right-of-way
in compliance with this Section. Multi-unit residential developments with shared bin
service shall utilize approved enclosure locations consistent with project
approvals.
SECTION 41. Section 17.76.090 entitled “Rooftop Uses”, is amended to be retitled
as “Roofs”. Subsections A. and C. are hereby removed from this section and existing
subsection B. is reformatted as subsection A. to read as follows:
17.76.090 – Roofs Rooftop Uses
A. Height. The height of any railings or parapets, exterior stairways, and other access
features such as stairwells or elevators for access to roof decks shall not exceed
the maximum allowable building height for the structure, including exceptions
allowed by Section 17.70.080 (Height Measurement and Exceptions).
BA. Furniture. No furniture or equipment, including chairs, mattresses,
couches, recreational furniture, or other materials may be placed on any roof, patio
cover, carport, shed top, or similar structure, except for the following:
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1. Roof-top equipment, including antennas, satellite dishes, masts, poles,
heating, ventilation, air conditioning equipment, and similar devices that are
designed for roof-top installation, and were lawfully installed, may remain on
the roof as long as they are properly maintained.
2. Furniture or other equipment may be placed on a roof deck or other similar
place that was lawfully designed and created for such use. All such furniture
and accessories located on a roof deck shall be secured as necessary to
prevent wind damage or dislocation.
C. Performance Standards.
1. Lighting. Lighting for rooftop uses shall be appropriately designed, located,
and shielded to not negatively impact any adjacent residential uses.
2. Noise. All rooftop decks shall be designed to minimize adverse impacts to
surrounding properties in compliance with the City’s noise regulations.
3. Hours of Operation.
a. C-N and O Zones. Nonresidential rooftop uses shall be allowed to operate
from 7:00 AM to 8:00 PM. Operation outside of these allowed hours shall
require a Minor Use Permit to ensure that the commercial rooftop use will
not negatively impact surrounding residential uses.
b. All Other Nonresidential Zones. Nonresidential rooftop uses shall be
allowed to operate from 7:00 AM to 10:00 PM. Operation outside of these
allowed hours shall require a Minor Use Permit to ensure that the
commercial rooftop use will not negatively impact surrounding residential
uses.
c. General. Rooftop decks and activities shall also comply with restrictions for
development subject to Edge Conditions regulations (Section 17.70.050:
Edge Conditions). Commercial hours of operation for rooftop uses also may
be restricted upon evidence of a substantiated compliant.
SECTION 42. Section 17.76.100.A., entitled “Screening of Visible Storage and
Maintenance” is hereby amended to read as follows:
A. Screening of Visible Storage and Maintenance. Parking, storage, stockpiling,
or maintenance of any of the following items on private property shall be screened
from view from any public right-of-way, except as otherwise provided in this
Chapter. Objects and activities will be considered “screened” when they are either
not visible from a public right-of-way or behind and below a solid six-foot-high
fence, wall, or hedge where such fence, wall, or hedge is otherwise allowed by
zoning and building codes.
SECTION 43. Section 17.76.100.A.4., entitled “Exceptions” is amended to provide
additional language to subsection f. to read as follows:
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f. Barbecues and furniture that is designed and intended for outdoor use (“Outdoor
Furniture” as defined in Section 17.158) may remain on a porch or in a walled front
patio where the walls are designed in compliance with fence height regulations.
Recreational furniture, including but not limited to, gaming tables such as ping-
pong tables, billiards tables, and foosball tables, are not to remain in front yards
when not actively being used, even if designed and intended for outdoor use.
SECTION 44. Section 17.86.020 Entitled “Accessory Dwelling Units, and Junior
Accessory Dwelling Units, and Guest Quarters” is hereby repealed and replaced as
follows:
17.86.020 – Accessory Dwelling Units, and Junior Accessory Dwelling Units, and
Guest Quarters.
A. Purpose and Applicability. The purpose of this chapter is to prescribe
development and site regulations that apply, except where specifically stated, to
accessory dwelling units, junior accessory dwelling units, and guest quarters, as
defined in Chapter 17.156 (Land Use Definitions).
B. Accessory Dwelling Units. The provisions in this subsection shall apply to
accessory dwelling units as defined in Chapter 17.156 (Land Use Definitions) and
where allowed in compliance with Chapter 17.10 (Use Regulations).
1. Purpose. The purpose of this chapter is to provide for the creation of accessory
dwelling units in a manner that is consistent with requirements identified in
Government Code Section 65852.2, as amended from time to time.
Implementation of this section is meant to expand housing opportunities by
increasing the number of smaller units available within existing neighborhoods.
2. General Requirements.
a. Application. Where this section does not contain a particular type of
standard or procedure, conventional zoning standards and procedures
shall apply.
b. No Subdivision of Property. No subdivision of property shall be allowed
where an accessory dwelling unit has been established and the resulting
subdivision does not maintain the primary residence on the same lot as the
accessory dwelling unit(s).
c. Sale of Property. This section shall apply to new owners of property where
an accessory dwelling unit has been established. All conditions of director’s
action (if applicable), restrictive covenants and other contractual
agreements with the city shall apply to the property and the new owners,
except as allowed or prohibited by state law.
d. Applicability of Building Codes. Accessory dwelling units shall conform
to all applicable building and construction codes.
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3. Specific Requirements and Standards.
a. Zones Where Allowed. An accessory dwelling unit can be created in the
AG, C/OS, R-1, R-2, R-3, R-4, or O (Office) zone on lots with an existing
or proposed residential structure. For the purposes of this section,
structures that contain both commercial and residential uses are not
considered residential structures.
b. Size of Accessory Dwelling Unit. The gross floor area of an accessory
dwelling unit shall be no less than 150 square feet and shall not exceed
850 square feet for a studio or one -bedroom unit, or 1,000 square feet for
a unit containing two or more bedrooms.
1) The director may authorize an exception to the square footage
standards to allow an accessory dwelling unit up to 1,200 square feet
through the director’s action process. In the R-1 zone, this exception
can only be approved on lots that are at least 12,000 square feet in
area. In all other zones, exceptions shall be based on compatibility
with the development pattern of the neighborhood.
c. Limitation on Number. Only one accessory dwelling unit is permitted per
lot.
d. Design Standards. Accessory dwelling units shall conform to all
applicable development standards of the underlying zone, including but not
limited to height, setback area, parking, and building coverage, unless
otherwise stated in this section or prohibited by state law.
1) No passageway, defined as a pathway that is unobstructed clear to
the sky and extends from a street to one entrance of the accessory
dwelling unit, shall be required in conjunction with the construction of
an accessory dwelling unit.
2) No setback shall be required for an existing permitted structure that
is converted to an accessory dwelling unit, or for an accessory
dwelling unit that is constructed in replacement of an existing
permitted structure, provided it is in the same location and has the
same dimensions including height.
3) A setback of no more than four feet from the side and rear lot lines
are required for an accessory dwelling unit, for walls up to 16 feet in
height.
4) Accessory dwelling units that include the creation of new square
footage shall be limited to sixteen feet in height. Up to one hundred
fifty square feet of new square footage may be exempted from this
requirement in connection to a conversion of existing upper floor
square footage, but only as needed to accommodate ingress and
egress.
i. In order to provide additional design options for accessory
dwelling units, units that include the creation of new square
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footage can be constructed up to twenty-five feet in height if
consistent with the setback standards provided in Article 2
Zones, Allowable Uses and Development and Design
Standards).
5) Architectural style and form shall match the style and form of the
primary residential structure(s) on the property.
6) The materials of the accessory dwelling unit shall match the
materials of the primary residential structure(s) on the property.
7) The minimum required setback for any balcony or terrace above the
first floor shall be increased to 10 feet from the adjacent property
line(s). Upper level private or common open space areas provided
as accessory to an accessory dwelling unit shall not exceed an
aggregate area of 50 square feet unless oriented to the interior of the
lot or a street. Roof decks or rooftop open spaces are prohibited.
8) Exceptions to these design standards can be approved by the
director, through director’s action, subject to required findings
Section 17.108.040).
e. Fire Sprinklers. Accessory dwelling units shall not be required to provide
fire sprinklers if fire sprinklers are not required for the primary residence.
f. Parking Requirements. No additional parking spaces shall be required for
an accessory dwelling unit. If a garage or car port is converted or removed
to accommodate an accessory dwelling unit, replacement parking is not
required.
g. Historic Resources. Accessory dwelling units on listed historic properties
and in historic districts shall be found consistent with the historic
preservation ordinance, including historic preservation guidelines and
Secretary of the Interior standards for the treatment of historic properties.
h. Utility Connection Fees. Where an accessory dwelling unit is created
within an existing structure (primary or accessory), no new utility
connection or payment of impact fees shall be required. For all other
accessory dwelling units, a new utility connection for the accessory
dwelling unit and payment of impact fees may be required if the accessory
dwelling unit is seven hundred fifty square feet or more. New accessory
dwelling units located in sewer capacity constrained areas are subject to
Municipal Code Section 13.08.396 (Wastewater Flow Offset).
i. Additional Accessory Dwelling Unit Types. Accessory dwelling units
that are consistent with Government Code Section 65852.2(e) will receive
ministerial approval. The provisions of Government Code Section
65852.2(e) cannot be combined with other accessory dwelling unit
provisions of Section 17.86.020 and no exceptions are available for
projects subject to Section 65852.2(e). Building Permit applications to
create accessory dwelling units consistent with Government Code Section
65852.2(e) shall clearly be labeled as such (e.g ., “ADU-e”). In connection
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to the provision of Government Code Section 65852.2(e), multifamily
dwelling structures shall be defined in accordance with Government Code
Section 65589.5(h)(2).
4. Procedural Requirements. An accessory dwelling unit that meets the
standards contained in this section shall be subject to ministerial review
building permit) and approval without discretionary review (i.e., use permit,
architectural review, etc.) or public hearing.
a. Within sixty days of receiving a complete application, the city shall approve
any such application which complies with all applicable requirements and
development standards identified in this chapter. When an accessory
dwelling unit is proposed within a new residential structure, this sixty-day
requirement shall only apply once all other aspects of the permit are
approved.
b. Building permit applications for accessory dwelling units on lots containing
an existing primary dwelling or dwellings shall not include other changes
or improvements to the property unless those improvements are required
to facilitate the creation of the accessory dwelling unit.
5. No Short-Term Rental. An accessory dwelling unit cannot be rented for a
period of less than thirty days. Homestay use of an accessory dwelling unit is
prohibited.
6. Violations. Violation of any of the provisions of this chapter shall be subject to
basic code enforcement action as provided in Title 1.
C. Junior Accessory Dwelling Units. The provisions in this subsection shall apply
to junior accessory dwelling units as defined in Chapter 17.156 (Land Use
Definitions) and where allowed in compliance with Chapter 17.10 (Use
Regulations).
1. Purpose. The purpose of this chapter is to provide for the creation of junior
accessory dwelling units in a manner that is consistent with requirements
identified in Government Code Section 65852.22, as amended from time to
time. Implementation of this section is meant to expand housing opportunities
by increasing the number of smaller units available within existing
neighborhoods.
2. General Requirements.
a. Application. Where this section does not contain a particular type of
standard or procedure, conventional zoning standards and procedures
shall apply.
b. Areas Where Junior Accessory Dwelling Units Are Allowed. Upon
meeting the requirements of this section, junior accessory dwelling units
may be established in any zone where the use of the property is a single -
unit dwelling, either existing or proposed.
c. Sale of Property. A junior accessory dwelling unit shall not be sold
independently of the primary dwelling on the parcel.
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d. Location. A junior accessory dwelling unit must be created within the walls
of a proposed or existing primary dwelling.
1) Conversion of an existing garage into a junior accessory dwelling unit
shall only be permitted if replacement parking is provided consistent
with Sections 17.70.170 (Setbacks) and 17.76.040 (Front Yard
Parking). No setback exception shall be approved to accommodate
replacement parking.
e. Size of Junior Accessory Dwelling Unit. The gross floor area of a junior
accessory dwelling unit shall not exceed five hundred square feet.
f. Limitation on Number. Only one junior accessory dwelling unit may be
located on any residentially zoned lot. A junior accessory dwelling unit may
only be located on a lot that contains one permitted single-family structure
or in connection with the construction of a single-family structure. A junior
accessory dwelling unit may be located on the same lot as an accessory
dwelling unit under one of the following circumstances:
1) The accessory dwelling unit was constructed at the same time as the
single-family residence.
2) The accessory dwelling unit was created through the conversion of
existing space within a single-family residence or accessory structure.
3) The accessory dwelling unit, either new or existing, is a detached unit,
and the detached accessory dwelling unit is no larger than 800 square
feet, no taller than sixteen feet in height, and has setbacks of no less
than four feet from side and rear lot lines.
g. Applicability of Building Codes. Junior accessory dwelling units shall
conform to all applicable building and construction codes.
3. Performance Standards and Compatibility.
a. Design Standards. Junior accessory dwelling units shall conform to all
applicable development standards of the underlying zone, including but not
limited to height, setback area, parking, and building coverage and shall
be subject to the provisions below. A junior accessory dwelling unit that
conforms to this section shall not be considered a dwelling unit for the
purpose of calculating density.
1) A separate exterior entry shall be provided to serve a junior accessory
dwelling unit.
2) The interior connection to the main living area may be maintained or
removed.
3) At a minimum, junior accessory dwelling units shall include an
efficiency kitchen, which shall contain a cooking facility, food
preparation counter, and storage cabinets.
4) Junior accessory dwelling units shall not be required to provide fire
sprinklers if fire sprinklers are not required for the primary residence.
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5) No additional parking spaces shall be required for a junior accessory
dwelling unit.
b. Utility Connection Fees. Where a junior accessory dwelling unit is
created no new utility connection or payment of impact fees shall be
required.
c. Fire and Life Protection. For purposes of any fire or life protection
ordinance or regulation, a junior accessory dwelling unit shall not be
considered a separate or new dwelling unit.
4. Procedural Requirements. A junior accessory dwelling unit that meets the
standards contained in this section shall be subject to ministerial review
building permit) and approval without discretionary review (i.e., use permit,
architectural review, etc.) or public hearing.
a. Within sixty days of receiving a complete application, the city shall approve
any such application which complies with all applicable requirements of
this section.
b. Building permit applications for junior accessory dwelling units on lots
containing an existing single-family residence shall not include other
changes or improvements to the property unless those improvements are
required to facilitate the creation of the junior accessory dwelling unit.
5. Owner Occupancy. The owner of the property shall occupy either the primary
residence or the junior accessory dwelling unit.
6. Covenant Agreement. Prior to the issuance of building permits for a junior
accessory dwelling unit, a covenant agreement shall be recorded which
discloses the structure’s approved floor plan and status as a “junior accessory
dwelling unit” and agreeing that the owner of the property will occupy either the
primary residence or the junior accessory dwelling unit. This agreement shall
be recorded in the office of the county recorder to provide constructive notice
to all future owners of the property.
7. No Short-Term Rental. A junior accessory dwelling unit cannot be rented for
a period of less than thirty days. Homestay use of a junior accessory dwelling
unit is prohibited.
8. Violations. Violation of any of the provisions set forth in this chapter shall be
subject to code enforcement action as provided in Title 1.
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D. Guest Quarters.
1. Purpose and Intent. 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 in accordance with Section 17.70.010 (Accessory Structures).
2. Applicability. This section does not apply to legally established dwellings or
accessory dwelling units, or accessory structures, which are separately defined
in Chapter 17.158 (General Definitions).
3. General Requirements. 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. Accessory to Primary Residence. 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. Only one
guest quarters may be permitted per property.
b. Size. Guest quarters shall be no larger than four hundred fifty square feet.
c. Density and Development Standards. Guest quarters shall be consistent
with density provisions and development standards of the underlying zone.
For the purposes of calculating density in multi-unit residential zones, guest
quarters will be considered an additional bedroom, accessory to the
primary unit. The structure may not exceed four hundred fifty square feet
and shall remain in an open floor plan (studio configuration).
d. Zones in Which 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-unit residential dwelling.
e. Areas Prohibited. 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. Guest quarters shall not be
allowed on lots with an existing accessory dwelling unit.
f. 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.
g. No Separate Rental. Guest quarters may not be rented separately from
the primary dwelling unit.
h. No Kitchen Facilities. No facilities meeting the definition of a “kitchen” as
defined in Chapter 17.158 (General Definitions) may be installed and
plumbing shall be provided for bathroom use only. No plumbing may be
provided to “wet bars,” dishwashers, or any features that could be used for
a kitchen. Plans approved for construction of guest quarters shall not
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include countertops or plumbing designed for subsequent installation of
sinks, dishwashers, garbage disposals, or any other features consistent
with the definition of a “kitchen.”
4. Procedural Requirements. Prior to filing building plans with the city building
division, the following shall be met:
a. Design Review. All requests shall be reviewed for consistency with the
city’s community design guidelines and this section. 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 the Interior standards for
treatment of a historic property.
b. Owner’s Agreement with the City. Prior to the issuance of construction
permits, a covenant agreement shall be recorded that discloses the
structure’s approved floor plan and status as “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 cove nant
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 shall no longer be used as overnight sleeping
quarters.
c. Conversion of Guest Quarters to an Accessory Dwelling Unit. A legally
established guest quarters may either be retained in its configuration or be
converted to an accessory dwelling unit in compliance with the provisions
of this chapter. (Ord. 1679 § 3, 2020: Ord. 1657 § 17, 2019; Ord. 1650 § 3
Exh. B), 2018)
SECTION 45. Section 17.86.050, entitled “Alcoholic Beverage Sales – Bar, Live
Entertainment, Late Night Service” is hereby retitled as “Alcoholic Beverage Sales-Bars
and Restaurants with Late Night Alcohol Service” and Sections 17.86.050.A, Section
17.86.050.B.1 through B.4 (subsections B.6 through B.8 and subsections C and D remain
as written) are amended as follows:
17.86.050 – Alcoholic Beverage Sales – Bars and Restaurants with, Live
Entertainment, Late Night Alcohol Service
A. Purpose and Applicability. The provisions in this Section shall apply to Eating
and Drinking Establishments – Bars, Live Entertainment and Taverns, and Eating
and Drinking Establishments – Restaurant with Late-Night Alcohol Service as
defined in Chapter 17.156 (Land Use Definitions) and where allowed in compliance
with Chapter 17.10 (Use Regulations). The purpose of this Section is to protect
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and promote the public health, safety, comfort, convenience, prosperity, and
general welfare, and to ensure operations are compatible with surrounding
neighborhoods.
B. Alcohol Outlet Operational Requirements. The following standards shall apply
to all Alcohol Outlets and shall be incorporated into conditions of approval of the
associated Minor Use Permit or Conditional Use Permit:
1. Noise. The proposed use shall operate in conformance with the City Noise
Ordinance (M.C. Chapter 9.12, Noise Control) to maintain compatibility with the
nearby residences and businesses. The applicant shall make reasonable
efforts to minimize the potential for adverse noise and crowd impacts on
adjacent establishments and nearby residences, including, but not limited to,
ensuring that all windows and doors are closed no later than 10:00 pm, nightly.
2. Hours of Operation. Hours of operation for the alcohol services shall not be
outside the hours from 8:00 am until 11:00 pm each day of the week, unless
otherwise specified by a Use Permit.
3. Menu Service. Full food service shall be available at all times alcohol is served,
unless otherwise specified by the Use Permit. The restaurant shall have full
meals and restaurant service available during all hours of operation, consistent
with the approved hours of operation for the proposed use, unless otherwise
specified by the Use Permit.
4. Events. Tables, chairs, and the general floor plan layout shall remain
consistent with approved plans and may not be removed or modified for late
night operation or special events to create a performance stage, dance floor,
or similar area for performance/assembly unless approved by a separate City -
issued permit.
5. Entertainment. Entertainment shall maintain an ambient level, which is clearly
incidental, that allows for normal conversation levels, and for which no cover
fee or ticket is required. Live or amplified entertainment that meets the definition
of a Live Entertainment venue shall not be allowed without the approval of a
Live Entertainment Permit. Upon review of a Live Entertainment Permit, the
hours of operation may be re-evaluated or restricted.
SECTION 46. Section 17.86.100.B, entitled “Permits Required” is hereby
amended to add Subsection 17.86.100.B.4 as follows:
4. Day Care as an Accessory Use. When day care facilities are accessory to
another use requiring a permit, only one permit application need be filed and acted
on. As accessory uses to schools and churches, and where an employer provides
onsite child care to 14 or fewer children for the exclusive use of employees, day
care is allowed by right, providing the primary use meets City parking standards.
SECTION 47. Section 17.86.100.D, entitled “Day Care as an Accessory Use” is
hereby removed and Subsection 17.86.100.E, entitled “Exceptions” is renumbered as
17.86.100.D:
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D. Day Care as an Accessory Use. When day care facilities are accessory to
another use requiring a permit, only one permit application need be filed and acted
on. As accessory uses to schools and churches, and where an employer provides
onsite child care to 14 or fewer children for the exclusive use of employees, day
care is allowed by right, providing the primary use meets City parking standards.
DE. Exceptions. Nothing in this Section shall prohibit applicants from requesting a
Director’s Action or Variance from the strict interpretation of the Zoning
Regulations to the extent allowed by said regulations.
SECTION 48. Section 17.86.110, entitled “Electronic Game Amusement Centers”
is hereby removed from the San Luis Obispo Municipal Code.
SECTION 49. Section 17.86.120.B.3., entitled “Duration and Hours of Operation”
is hereby amended as follows:
3. Duration and Hours of Operation. No food truck shall operate for more than two
consecutive days in the same location, and before 6:00 am or after 11:00 pm,
including set up and clean up.
SECTION 50. Section 17.86.160.D., entitled “Performance Standards” is hereby
amended as follows:
D. Performance Standards.
1. Homestays shall comply with the property development and performance
standards set forth in Article 2 (Zones, Allowable Uses, and Development and
Design Standards) and Article 3 (Regulations and Standards Applicable to All
Zones).
2. All building and fire code regulations shall be met.
3. The number of overnight guests shall be limited to four persons adults.
Bedrooms shall meet the minimum size requirements as defined in the Building
Code.
4. At all times when a homestay rental is occurring, the owner or responsible party
shall be within a 15-minute drive of the property. The owner or responsible party
shall be available via telephone 24 hours a day, seven days a week, to respond
to complaints regarding the homestay. Contact information for the owner and
responsible party shall be provided to homestay guests, adjacent neighbors
and stated on the application.
5. Upon sale or transfer of the home for which a homestay permit has been
granted, a new homestay application shall be required within 60 days of the
transfer. Failure to submit a new application as required within 60 days shall
result in the termination of the existing allowed use.
6. The homestay shall be limited to only the owner-occupied dwelling unit on the
property. Homestays shall not be permitted within Recreational Vehicles or
within Accessory Dwelling Units.
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7. Any advertisements for the homestay shall include the business license
number. Onsite advertising of the homestay is prohibited.
SECTION 51. Section 17.86.210.E., entitled “Recreational Vehicles as Tiny
Houses in Residential Zones.” is hereby amended as follows:
E. Recreational Vehicles as Tiny Houses in Residential Zones. Moveable tiny
houses shall be considered an additional type of accessory dwelling unit structure,
allowed as an accessory use to single-unit residential dwelling unit, consistent
however, moveable tiny houses are not identified as accessory dwelling units and
are not subject to the provisions of with Government Code, Section 65852.2
subdivision (g) which allows cities to adopt less restrictive requirements than the
State mandated minimums for accessory dwelling units. A moveable tiny house
that meets the definition in this subsection may be built and occupied as a new
detached accessory dwelling unit accessory to a single-unit residence, subject to
the Director’s review and approval of a Director’s Action application if it complies
with the standards of this subsection.
1. Development Standards. Moveable tiny houses shall conform with the
requirements for new detached accessory dwelling units under Section
17.70.010 (Accessory Structures), including but not limited to setbacks, height,
and other applicable zoning requirements of the zone in which the site of the
proposed moveable tiny house is located, except as modified by this
subsection.
a. Number. No parcel may be approved for more than one moveable tiny
house in a 12 month period. No parcel may contain more than one
moveable tiny house at a time. No parcel may contain both a moveable
tiny house and a conventional accessory dwelling unit.
b. Renewal. The approval of a movable tiny home shall expire after five years
from the date of approval, unless the property owner submits a time
extension application prior to the expiration of the permit. The Director shall
may renew the approval of a movable tiny home for a period of up to three
to five years upon receipt of a complete application and completion of an
inspection by the City to confirm continued compliance with the standards
in this section.
c. Maintenance. The site shall be maintained as set forth in Chapter 17.76
Property Maintenance Standards).
d. Location. The moveable tiny house shall be located toward the rear of the
property.
e. Size. The maximum square footage or habitable floor space for a
moveable tiny house shall be 400 square feet, as measured by exterior
wall dimensions (lofts shall not be counted toward the maximum square
footage). The moveable tiny house shall have at least 100 square feet of
first floor interior living space.
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f. Replacement Parking. Where a moveable tiny house occupies a required
parking space, a replacement parking space is required. A replacement
parking space may be located in any configuration on the same lot as the
moveable tiny house, including but not limited to covered spaces,
uncovered spaces, or tandem spaces. Parking shall be permitted only in
those locations specified in these Zoning Regulations.
g. Design. The design of a tiny house shall resemble the general
appearance, siding, and roofing of a traditional home.
h. Energy Efficiency. Applications submitted for tiny houses shall
demonstrate that the tiny home has been constructed to exceed ANSI
energy standards through one of the following methods:
i. Include insulation with values of R13 for the walls and R19 for the
floor and ceiling; or
ii. Ensure that the stud/joist/rafter space in the walls, floors and ceiling
are completely filled with insulation.
2. Parking Spaces. Moveable tiny houses shall not require additional parking.
3. Mechanical Equipment. All mechanical equipment for a moveable tiny house
shall be incorporated into the structure and shall not be located on the roof,
except for solar panels.
4. Utility Connections and Requirements. Moveable tiny houses shall not
require separate utility meters from the primary unit. Moveable tiny houses
may be off-grid and not connected to one or more utility systems, but only if
the applicant provides sufficient proof, to the satisfaction of the Director and
the Building Official, that the moveable tiny house has adequate, safe, and
sanitary utility systems providing water, sewer, heating, cooling, and electric
power. Gas connections and use of propane tanks are prohibited.
5. Addresses. Moveable tiny houses shall not have separate street addresses
from the primary unit.
6. Foundation Requirements. Once sited on the parcel of the primary unit,
moveable tiny houses shall meet the following foundation requirements:
a. The moveable tiny house shall not have its wheels removed, and all wheels
and leveling/support jacks shall sit on a concrete, paved, or compacted
gravel surface sufficient to support its weight.
7. Emergency and Rescue Openings. Moveable tiny houses shall meet the
requirements of Section R310 of the California Building Code for emergency
escape and rescue openings. Egress roof access windows in lofts used as
sleeping rooms shall be deemed to meet this requirement if installed such that
the bottom of the opening is not more than 44 inches above the loft floor,
provided the egress roof access window complies with the minimum opening
area requirements of California Building Code Section R310.2.1.
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8. Procedure Procedural Requirements. A Director’s Action application shall
be required to establish a moveable tiny house, including the application
materials and information required by Section 17.86.020 (Accessory Dwelling
Units and Guest Quarters) for an accessory dwelling unit, an applicant for a
moveable tiny house shall submit proof that:
a. The proposed moveable tiny house is licensed and registered with the
California Department of Motor Vehicles;
b. The proposed moveable tiny house has been certified by a qualified third -
party inspector as meeting ANSI, 119.2 or 119.5 requirements or
comparable standards, or was built to meet ANSI 119.2 or 119.5
requirements as demonstrated by sufficient evidence satisfactory to the
Director; at a minimum this inspection shall verify that the unit is in good
working order for living, sleeping, eating, cooking, and sanitation, including
the absence of any exterior shell water leaks;
c. The applicant is the property owner, or has sufficient written permission
from the property owner, of the intended location of the proposed moveable
tiny house;
d. Prior to the issuance of building permits, a covenant agreement shall be
recorded which discloses the structure’s approved floor plan and status as
a movable tiny home 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 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 movable tiny home shall no longer be used as overnight
sleeping quarters.
SECTION 52. Section 17.86.260.B.5., entitled “Other Temporary or Intermittent
Uses and Special Events.” is hereby amended to read as follows:
5. Other Temporary or Intermittent Uses and Special Events. Upon approval of a
Temporary Use Permit, the Director may approve other temporary or intermittent
uses, including but not limited to musical events, auctions, estate sales, clothing
outlet sales, nonprofit benefits, parking lot sales, and car shows. At the discretion
of the Director, certain small-scale events with limited duration, consisting of
activities with no potential to detrimentally affect those working and living in the
vicinity, may be allowed through Director’s Action. administrative action, without a
public hearing.
SECTION 53. Section 17.86.290.B., entitled “Exempt Facilities” is hereby
amended to add new subsection 5 to read as follows:
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5. A Collocation, or Modification of a Pole, Tower or Support Structure or
Replacement of a Pole, for Collocation of a Communications Facility, that qualifies
as an "Eligible Facilities Request." An "Eligible Facilities Request" means an
eligible facilities request as set forth in 47 C.F.R. Section 1.40001(b)(3).
SECTION 54. Section 17.92.020, entitled “Limits on Reconstruction – Exceptions”
is hereby amended to read as follows:
A. A nonconforming structure that is involuntarily damaged to an extent of 75 percent
or more of its replacement cost immediately prior to such damage, as determined
by the Chief Building Official, may be restored only if made to conform.
B. Notwithstanding paragraph A, above, nonconforming residences in the R-1, R-2,
R-3, R 4, O, C-N, C-C, C-R, C-T, C-D, and C/OS zones that have been involuntarily
damaged to an extent of 75 percent or more of its replacement value cost
immediately prior to such damage, as determined by the Chief Building Official,
may be rebuilt at the same density and up to the same size under the following
circumstances:
1. All construction must conform to current building codes, Zoning Regulations,
and design guidelines, except that the previously existing number of dwelling
units and size of buildings will be allowed.
2. A building permit for the replacement structure(s) must be obtained within
three years of the date of the damage or destruction.
3. Exceptions to the above provisions may be granted by the Director for historic
structures designated as such in any list or plan element adopted by the City,
or for buildings that are over 50 years old where the existing building and any
proposed additions or modifications are consistent with the Historic
Preservation Guidelines and Community Design Guidelines, as determined by
the Director.
34. Notwithstanding the above provisions, application for replacement structures
of the same density and size may be denied if the Director makes one of the
following findings:
a. The reconstruction, restoration, or rebuilding will be detrimental or injurious
to the health, safety, or general welfare of persons living or working in the
neighborhood.
b. The reconstruction, restoration, or rebuilding will be detrimental or injurious
to property and improvements in the neighborhood.
c. There no longer exists a zone in which the existing nonconforming use is
permitted.
C. Changes to structural elements, interior partitions or other nonstructural
improvements and repairs may be made to a nonconforming building. However,
demolition, as defined in Section 17.158.012 (D Definitions), and reconstruction
shall be permitted only if the structure is made to conform.
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D. The value of additions allowed pursuant to subsections (F)(1) and (2) of this
Section shall be excluded from calculation of replacement cost of the
nonconforming structure.
ED. Decisions of the Chief Building Official regarding replacement cost may be
appealed to the Council.
E. Exceptions to this Chapter may be granted by the Director for historic structures
designated as such in any list or plan element adopted by the City, or for buildings
that are over 50 years old where the existing building and any proposed additions
or modifications are compatible with the surrounding neighborhood, as determined
by the Director.
F. Exceptions to this Chapter may be granted by the Director, Additions to
nonconforming structures that further the intent of this Chapter may be permitted
through a Director’s Action, to allow additions to nonconforming structures
occupied by conforming uses, subject to a finding of consistency with the intent of
this Chapter as follows:
1. Additions conform to current building codes, Zoning Regulations, and design
guidelines, where the addition and associated modifications do not result in
demolition of the existing structure, as defined in Section 17.158.012 (D
Definitions). Conforming additions to residential structures may be approved
by the Director.
2. The Director, may allow certain setbacks to be reduced to zero in some
instances for minor additions to existing legal nonconforming structures (see
Section 17.70.170(D)(2)(d)).
G. The value of additions allowed pursuant to subsections (F)(1) and (2) of this
Section shall be excluded from calculation of replacement cost of the
nonconforming structure.
SECTION 55. Section 17.102.010, entitled “Purpose and Intent” is hereby
amended to read as follows:
This Article 6 establishes the overall structure for the application, review, and action on
City-required permit and project review applications and identifies and describes those
discretionary permits and other approvals required by these Zoning Regulations in Table
6-1: Review Authority.
SECTION 56. Section 17.102.020.A.1., entitled “Affordable Housing Incentives” is
hereby amended to read as follows:
1. Affordable Housing Incentives. An action authorizing a residential density bonus
that includes an alternative or additional incentive in compliance with Chapter
17.140 (Affordable Housing Incentives).
SECTION 57. Section 17.102.020.B.3., entitled “Director’s Hearing on Various
Permits” is hereby amended to read as follows:
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3. Director’s Hearing on Various Permits. A quasi-judicial action authorizing the
construction or alteration of specific development projects as set forth in Table 6-
1 and as otherwise called for in these Zoning Regulations for projects subject to a
Director’s Hearing. A public hearing is required in compliance with Chapter 17.122
Public Notices and Hearings).
SECTION 58. Section 17.102.020.C.6., entitled “Planning Commission Hearing on
Various Exceptions and Special Development Projects” is hereby amended to read as
follows:
6. Planning Commission Hearing on Various Exceptions and Special
Development Projects. A quasi-judicial action authorizing an exception
modification or deletion) to certain specified development standards of these
Zoning Regulations and for the construction or alteration of specific development
projects as set forth in Table 6-1 and as otherwise called for in these Zoning
Regulations. A public hearing is required in compliance with Chapter 17.122
Public Notices and Hearings).
SECTION 59. Section 17.102.020.D. Table 6-1, entitled “Review Authority” is
hereby removed from the San Luis Obispo Municipal Code.
SECTION 60. Section 17.102.020.E.2., entitled “Concurrent Processing” is hereby
amended to read as follows:
2. Concurrent Processing. Multiple applications for the same project shall be
processed concurrently and shall be reviewed and acted upon by the highest
review authority designated by these Zoning Regulations for any of the
applications. For example, a project for which applications for Moderate
Development Review project and a Conditional Use Permit are filed shall have
both applications decided by the Planning Commission, instead of the Director
being the final decision-making authority for the Moderate Development Review
project, as otherwise required by Table 6-1: Review Authority.
SECTION 61. Section 17.104.010, entitled “Purpose and Authority for Land Use
and Planning Decisions” is hereby amended to remove Subsection 17.104.010.B and
renumber Subsection 17.104.010.C as Subsection 17.104.010.B, to read as follows:
A. This Chapter provides procedures and requirements for the preparation, filing, and
initial processing of the land use permit applications and legislative actions
required by the City and specified in these Zoning Regulations.
B. Table 6-1: Review Authority identifies the review authority responsible for
reviewing and making decisions on each type of application required by these
Zoning Regulations.
CB. The Architectural Review Commission has the authority to review and make
recommendations to either the Director or the Planning Commission, depending
upon the type of project application, regarding compliance with applicable design
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guidelines. Municipal Code Section 2.48.050 (Projects Subject to Architectural
Review) establishes the types of projects subject to architectural review.
SECTION 62. Section 17.106.010, entitled “Purpose and Intent” (Subsections A
through H shall remain as written) is hereby amended to read as follows:
The purpose of this Chapter is to provide a process for the appropriate review of
development projects that do not require any discretionary permits or other types of
review, and to ensure that all approved site and structural development:
SECTION 63. Section 17.106.020, entitled “Applicability” is hereby amended to
read as follows:
A. Development Review Required. No one shall construct any structure, or
relocate, rebuild, or significantly enlarge or modify any existing structure or site
until Development Review has been completed and approved in compliance with
this Chapter.
1. Cultural Heritage Committee Review. Notwithstanding subsection C of this
section and Section 17.106.030 (Levels of Development Review) certain
projects may require review by the Cultural Heritage Committee in accordance
with Municipal Code Section 14.01 (Historic Preservation).
B. Enlargements and Modifications. For the purposes of this Chapter, the term
significantly enlarge or modify” shall be measured from the increase in size gross
floor area of the original approval and be defined as follows:
1. Residential Enlargement or Modification. Residential enlargements or
modifications larger than 1,000 square feet or 25 percent of the existing gross
floor area before the addition, whichever is less.
2. Nonresidential Enlargement or Modification. Nonresidential enlargement,
modification, reconstruction, rehabilitation, or remodel resulting in an increase
in gross floor area equal to or exceeding 25 percent of the existing gross floor
area of the structure or more than 2,500 square feet, whichever is less, before
the construction.
3. Mixed Use Development. Mixed use development enlargement,
modification, reconstruction, rehabilitation, or remodel resulting in increase in
gross floor area equal to or exceeding 25 percent of the existing gross floor
area of the structure or more than 2,500 square feet, whichever is less, before
the construction.
C. Exceptions – Accessory Structures. Accessory structures less than 500 square
feet in size shall not be subject to Development Review. The following types of
projects are exempt from the Levels of Development Review:
1. Accessory Structures as defined in Section 17.70.010 (Accessory Structures);
2. Accessory Dwelling Units, Junior Accessory Dwelling Units, and Guest
Quarters as defined in Section 17.86.020 (Accessory Dwelling Units , Junior
Accessory Dwelling Units, and Guest Quarters);
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3. Housing development projects which qualify under Chapter 17.69 (Objective
Design Standards for Qualifying Residential Projects);
4. Single-Unit Dwellings as defined in Section 17.156.038 (S Definitions) and
minor or significant additions or modifications to existing single-unit dwellings,
except as identified in Section 17.106.030.B.1 of this Chapter;
5. Small residential development projects that consist of the construction, minor
or significant additions, rehabilitation or remodel of less than five dwellings,
where the gross floor area of each individual dwelling does not exceed one
thousand two hundred square feet, except as identified in Section
17.106.030.B.1 of this Chapter;
6. Aesthetically insignificant projects which include modifications, additions,
reconstruction, rehabilitation, or remodel of existing structures or other site
features, that are not defined as a significant enlargement or modification,
and have no potential for conflict with the objectives of development review
as identified in Section 17.106.010 (Purpose and Intent).
SECTION 64. Section 17.106.030, entitled “Levels of Development Review” is
hereby amended to read as follows:
A. Three Levels. Three levels of Development Review are hereby established, and
the thresholds set forth below shall apply to Development Review.
B. Minor. Minor Development Review is a staff-level review process with public notice
provided, with no public hearing required. The following projects shall be subject
to Minor Development Review, including but not limited to;
1. New single-unit residence and significant additions to an existing single-unit
residence as described in Section 17.106.020 (Enlargements and
Modifications), or small residential development projects where:
a. Architectural review is required as a condition of a subdivision approval, use
permit, or other discretionary entitlement;
b. The developer proposes to construct three or more units not defined to be
a “small residential development project” per Chapter 2.48 (Architectural
Review Commission);
cb. The Director determines that the site is a “sensitive site” as set forth in the
Architectural Review Commission’s procedures manual;
d. A covered required parking space or spaces are proposed to be converted
to another use and replacement parking is proposed, except in conjunction
with an accessory dwelling unit application;
ec. The project site is within or along a creek or waterway, as identified in the
City’s General Plan Open Space Element as defined by the City’s floodplain
management policy;
d. The scale and character of the proposed dwelling contrasts significantly with
adjacent or neighboring structures. The project site is located on a parcel
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having an average natural slope gradient of 16 percent or more;
2. Projects that include a public or private roof top deck, or upper level balconies
or open space on a third-floor or above.
3. Multi-unit residential/mixed-use developments 10 units or less, which are not
defined to be a “small residential development project”;
4. Nonresidential/Mixed-use development with less than 2,500 gross square feet
of new construction;
35. Building addition or remodel that is considered minor Minor or incidental to a
larger, previously approved project, as determined by the Director. building
addition or remodel, which is not considered exempt under Section
17.106.020.C and is not considered a significant enlargement or modification
to a previously approved project, as described in Section 17.106.020
Enlargements and Modifications).
C. Moderate. Moderate Development Review is a discretionary Director-level review
process that includes public notice with a public hearing before the Architectural
Review Commission conducted as required by the applicable advisory body or
review authority, including but not limited to;
1. Multi-unit residential/mixed-use developments up to between 11 and 49 10
units;
2. New single-unit subdivisions developments up to between 11 and 49 10 units;
3. Nonresidential/mixed-use development with up to 2,500 to 10,000 gross
square feet of new construction;
4. A project is located on a property included on the City’s Inventory of Historic
Resources, or is near a historic resource where the development might
adversely impact the historic resource;
5. All development located on hillsides having a natural slope gradient of 20
percent or greater when no other discretionary review is required;
46. Building addition or remodel, that is not considered minor or incidental or is
considered a significant enlargement or modification to a previously approved
project, as described in Section 17.106.020 (Enlargements and Modifications).
D. Major. Major Development Review is a discretionary Planning Commission review
process that includes a recommendation from Architectural Review Commission
and public notice with a public hearing conducted as is required for all Planning
Commission actions.
1. Multi-unit residential/mixed-use developments with more that 10 units 50 units
or more;
2. New single-unit subdivisions developments with more than 10 units 50 units or
more;
3. Nonresidential/mixed-use development with more than 10,000 gross square
feet of new construction;
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4. Significant additions and new construction of principal buildings in the C -D
zone;
5. Any development project for which an EIR Environmental Impact Report is
required.
SECTION 65. Section 17.106.040, entitled “Recommendations from Advisory
Bodies” subsection A.2 is hereby amended to read as follows:
2. For Major Development Review, the Architectural Review Commission shall
conduct a public hearing and forward its make a recommendation to the Director
Planning Commission by forwarding its recommendation through the Director. The
Director shall have the authority to either:
SECTION 66. Section 17.108.010, entitled “Purpose and Intent” is hereby
amended to read as follows:
The purpose of this Chapter is to authorize the Director to act on certain applications on
an administrative basis, without a public hearing, due to the minor nature of a proposed
improvement, use of land, or allowed deviation from specified development standards in
Table 6-1 and as further described in this Chapter. Notwithstanding these provisions, the
Director shall have the authority to refer any application subject to this Chapter to a
Director’s Hearing or to the Planning Commission for consideration.
SECTION 67. Section 17.108.020, entitled “Applicability” is hereby removed from
the San Luis Obispo Municipal Code.
SECTION 68. Section 17.108.040 A, entitled “Required Findings” subsection 4. is
hereby amended to read as follows:
4. While site characteristics or existing improvements make strict adherence to the
Zoning Regulations impractical or infeasible, or the project nonetheless conforms
with the intent of these Regulations.
SECTION 69. Section 17.109.020, entitled “Applicability” is hereby removed from
the San Luis Obispo Municipal Code.
SECTION 70. Section 17.110.070, entitled “Required Findings” subsection A.2. is
hereby amended to read as follows:
2. The proposed use is allowed or conditionally allowed within the applicable zone
and complies with all other applicable provisions of these Zoning Regulations and
the Municipal Code;
SECTION 71. Section 17.110.080, entitled “Requirement for and Compliance with
Use Permits” subsection A. is hereby amended to read as follows:
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A. The modification or addition to a use requiring Use Permit approval shall itself be
subject to Use Permit approval. The addition of an allowed use to a premises
occupied by a conditionally allowed use shall require Use Permit approval of the
type required for the existing use. The Director shall determine when such an
addition or change is of such a minor or incidental nature that the intent of these
regulations can be met without further Use Permit control.
SECTION 72. Section 17.113.010.B., entitled “Applicability” subsection 3., is
hereby amended to read as follows:
3. Garage and yard sales involving the sale of personal property conducted in a
residential zone consistent with Section 17.86.190.C (Garage and Yard Sales).
SECTION 73. Section 17.120.020.B., entitled “Duties and Authority” subsection 2.
is hereby amended to read as follows:
2. Perform the duties and functions prescribed in these Zoning Regulations, including
the review of administrative development projects, in compliance with Table 6-1:
Review Authority these Zoning Regulations, Government Code Section 65901 et
seq., and the California Environmental Quality Act (CEQA);
SECTION 74. Chapter 17.120, entitled “Administrative Responsibility” is hereby
amended add a new Section 17.120.045, entitled “Cultural Heritage Committee” to read
as follows:
17.120.045 – Cultural Heritage Committee
The Cultural Heritage Committee shall have the duties and authority as established in
Chapter 14.01.030 (Historic Preservation Ordinance) of the Municipal Code.
SECTION 75. Section 17.120.050.C., entitled “Compliance” is hereby amended as
follows:
C. Compliance. The above-listed functions shall be performed in compliance with
Table 6-1: Review Authority these Zoning Regulations, and the California
Environmental Quality Act (CEQA).
SECTION 76. Chapter 17.124, entitled “Amendments – Zoning Regulations and
Zoning Map” is hereby amended to add a new section 17.124.050 entitled “Other
Requirements” to read as follows:
17.124.050 – Other requirements.
Procedures for pre-zoning 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.
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SECTION 77. Section 17.138.090.B., entitled “Affordable Housing Agreement” is
hereby amended to read as follows:
B. Affordable Housing Agreement. Any incentives provided by the City, beyond
those incentives to which a developer may be automatically entitled to under
Chapter 17.140 (Affordable Housing Incentives) shall require Council approval by
the appropriate review authority and shall be set out in an affordable housing
agreement. The form and content of such agreement shall be to the approval of
the City Attorney and the Director. Developers are further encouraged to utilize
other local, State or Federal assistance, when available, to meet the affordable
housing standards.
SECTION 78. Section 17.138.140, entitled “Affordability Restrictions” is hereby
amended to read as follows:
Developers of affordable units for sale shall specify the type of affordability restriction to
be applied. The developer shall choose to either: (1) participate in a shared equity
purchase program, as described in Section 17.138.150, or (2) enter into an affordable
housing agreement to ensure that affordability is maintained for the longest period
allowed or required by State law but not less than 30 years. Affordable rental units shall
be affordable for the longest period allowed or required by State law, but not less than
30 years..
SECTION 79. Section 17.138.160, entitled “Early Resale of Shared Equity
Properties” is hereby amended to read as follows:
In the event of “early resale,” owners of properties subject to the shared equity purchase
program shall either: (1) pay an equity recapture fee to the City as described in the
schedule below, in addition to the City’s equity share, or (2) sell the property to another
eligible household. “Early resale” shall mean the sale, lease, or transfer of property within
six seven years of the initial close of escrow. If the owner chooses to pay the equity
recapture fee, the recapture fee shall be paid to the City upon resale at close of escrow,
based on the following schedule:
Table 8-1: Percent of Equity Build-up
Recaptured
Year % of Equity Build-up
Recaptured
0 – 3 100%
4 75%
5 50%
6 25%
7 and after 0%
The recapture amount shall be determined prior to the calculation of escrow closing
costs.
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SECTION 80. Section 17.140.040, entitled “Standard Incentives for Housing
Projects” subsection A is hereby amended to read as follows:
A. This Section shall apply only to housing projects consisting of five or more dwelling
units, including mixed-use developments. Per State law, projects that provide
affordable housing are allowed up to a 35 50 percent density bonus based on the
tables outlined below for the respective affordability levels. In addition, the Director
may approve a density bonus in excess of 35 50 percent at the request of the
developer, as well as other concessions and incentives outlined in Section
17.140.070.
SECTION 81. Section 17.140.040 Table 8-2 entitled “Density Bonus for
Percentage of Low Income Dedicated Units” is hereby amended to read as follows:
Table 8-2: Density Bonus for
Percentage of Low Income
Dedicated Units
Percentage Low
Income Units
Percentage
Density Bonus
10 20
11 21.5
12 23
13 24.5
14 26
15 27.5
16 29
17 30.5
18 32
19 33.5
20 35
21 38.75
22 42.5
23 46.25
24 50
SECTION 82. Section 17.140.040 Table 8-3 entitled “Density Bonus for
Percentage of Very-Low Income Dedicated Units” is hereby amended to read as follows:
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Table 8-3: Density Bonus for
Percentage of Very-Low Income
Dedicated Units
Percentage Very-
Low Income
Units
Percentage
Density Bonus
5 20
6 22.5
7 25
8 27.5
9 30
10 32.5
11 35
12 38.75
13 42.5
14 46.25
15 50
SECTION 83. Section 17.140.040 Table 8-4 entitled “Density Bonus for
Percentage of Moderate Income Dedicated Units” is hereby amended to read as follows:
Table 8-4: Density Bonus for
Percentage of Moderate Income
Dedicated Units
Percentage
Moderate Income
Units
Percentage
Density
Bonus
10 5
11 6
12 7
13 8
14 9
15 10
16 11
17 12
18 13
19 14
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Table 8-4: Density Bonus for
Percentage of Moderate Income
Dedicated Units
Percentage
Moderate Income
Units
Percentage
Density
Bonus
20 15
21 16
22 17
23 18
24 19
25 20
26 21
27 22
28 23
29 24
30 25
31 26
32 27
33 28
34 29
35 30
36 31
37 32
38 33
39 34
40 35
41 38.75
42 42.5
43 46.25
44 50
SECTION 84. Section 17.140.060, entitled “Standard Incentives for Conversion of
Apartments to Condominium Projects” subsection F., is hereby amended to read as
follows:
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F. The City shall grant the developer’s request for development incentive(s) unless
the Council Review Authority makes written findings of fact that the additional
incentive(s) are not required to achieve affordable housing objectives as defined
in Section 50062.5 of the Health and Safety Code, or to ensure that sales prices
for the targeted dwelling units will be set and maintained in conformance with City
affordable housing standards.
SECTION 85. Section 17.140.070, entitled “Alternative or Additional Incentives”
subsection B., (subsection B.1. through B.6 shall remain as existing) is hereby amended
to read as follows:
B. Alternative incentive proposals shall include information set forth in Section
17.140.030 (Application Process), as well as a description of the requested
incentive. Alternative incentive proposals shall be considered by the Planning
Commission Review Authority and may include but are not limited to one or more
of the following:
SECTION 86. Section 17.140.070, entitled “Alternative or Additional Incentives”
subsection E., is hereby amended to read as follows:
E. Nothing in this Section shall be construed to require the Planning Commission to
approve any alternative incentive or concession. The Planning Commission
Review Authority shall approve the requisite number of incentives or concessions
afforded by this Section. However, the details surrounding the incentives or
concessions shall be at the discretion of the Planning Commission. The Review
Authority shall grant the specific concession or incentive requested by the
applicant unless it can make a written finding, based upon substantial evidence,
that the incentive or concession doesn’t result in cost reductions, or would have a
specific adverse impact upon public health and safety or the environment or on
historical properties that can’t be mitigated, or would be contrary to state or federal
law (Government Code 65915(d)(1).
SECTION 87. Section 17.140.070, entitled “Alternative or Additional Incentives”
subsection F., is hereby amended to read as follows:
F. The Planning Commission Review Authority’s action on any alternative incentive
proposal shall be by resolution. Any such resolution shall include findings relating
to the information required in subsection B or C of this Section.
SECTION 88. Chapter 17.146, entitled “Residential Occupancy Standards” is
hereby removed from the San Luis Obispo Municipal Code.
SECTION 89. Chapter 17.148, entitled “High-Occupancy Residential Use
Regulations” is hereby removed from the San Luis Obispo Municipal Code.
SECTION 90. Section 17.154.004, entitled “Organization” is hereby amended to
read as follows:
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This Article is subdivided into the following Chapters.
A. Chapter 17.156 (Land Use Definitions) applies to land uses and activities
identified in Table 2-1: Uses Allowed By Zone of Section 17.10.020 (Use
Regulations By Zone).
B. Chapter 17.60 (AOZ Land Use Definitions) applies to land uses and activities
identified in Table 2-24: Airport Overlay Zone – Maximum Allowed Persons of
Section 17.64.040 (Development Standards and Uses).
BC. Chapter 17.158 (General Definitions) applies to all other terms used in Title
17.
C. Chapter 17.160 (Previous Land Use Definitions) applies to land use classification
identified in project approvals prior to the 2018 Zoning Regulations Update and
land use classification identified within existing Specific Plans or Area Plans.
SECTION 91. Section 17.156.004, entitled “A Definitions”, the definition for
Agricultural Accessory Structure” is hereby amended to read as follows:
Agricultural Accessory Structure. Incidental and accessory structures and uses
located on the same site with a permitted agricultural use including farm offices, barns,
stables, coops, tank houses, storage tanks, wind machines, windmills, silos and other
farm outbuildings, private garages and carports, storehouses, garden structures,
produce stands, greenhouses, recreation rooms, private swimming pools, and tennis
courts for the use of the persons residing on the site.
SECTION 92. Section 17.156.006, entitled “B Definitions”, the definition for
Boarding House” is hereby amended to read as follows:
Boarding House. A boarding house is a residence or dwelling, other than a motel or
hotel, wherein two or more rooms, with or without individual or group cooking facilities,
are rented to three six or more individuals under separate rental agreements or leases,
either written or oral, whether or not an owner, agent or rental manager is in the
residence. Meals may also be included. This use type includes convents, monasteries,
and student dormitories, but does not include “Fraternities and Sororities,” which are
separately defined, nor does it include a fraternity or sorority that is not in good standing
with the California Polytechnic University. Notwithstanding this definition, no single-unit
dwelling operated as a group home pursuant to the Community Care Facilities Act, which
is otherwise exempt from local Zoning Regulations, shall be considered
a boarding house.
SECTION 93. Section 17.156.012, entitled “E Definitions”, the definition for “Bars,
Live Entertainment and Taverns” under “Eating and Drinking Establishments” is hereby
reclassified as “Bars and Taverns” to read as follows:
Bars, Live Entertainment, and Taverns. Any establishment that sells or serves
alcoholic beverages for consumption on the premises and is holding or applying for a
public premise license from the State Department of Alcoholic Beverages and in which
persons under 21 years of age are restricted from the premises. References to the
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establishment shall include any immediately adjacent area that is owned, leased, or
rented, or controlled by the licensee. This use includes wine tasting rooms and micro -
breweries where alcoholic beverages are sold and consumed onsite and any food
service is subordinate to the sale of alcoholic beverages. Does not include adult
entertainment businesses.
SECTION 94. Section 17.156.014, entitled “F Definitions” is hereby amended to
add a new definition for a new term, entitled “Farmworker Housing” to be located after
the existing definition entitled “Farm and Feed Stores” to read as follows:
Farmworker Housing. Housing accommodation developed for and/or provided to
farmworkers and shall consist of any living quarters, dwelling, boarding house, tent,
barracks, bunkhouse, maintenance-of-way car, mobile home, manufactured home,
recreational vehicle, travel trailer, or other housing accommodation maintained in one or
more buildings and on one or more sites. Farmworker housing includes:
1. Farmworker Dwelling Unit – Housing for up to six farmworkers or one farmworker
and his or her household.
2. Farmworker Housing Complex – Either housing that (1) contains group style
housing, such as barracks or a bunkhouse, with a maximum of thirty -six (36) beds
and is occupied exclusively by farmworkers; or (2) contains a maximum of twelve
12) residential units occupied exclusively by farmworkers and their households.
SECTION 95. Section 17.156.018, entitled “H Definitions” is hereby amended to
remove “Handicraft Manufacturing”, “High -occupancy Residential Use” and “High
Occupancy Residential Use”, a duplicate definition, from its list of “H Definitions” and
reads as follows:
Handicraft Manufacturing. Establishments primarily engaged in onsite production of
goods by hand manufacturing or artistic endeavor, which involves only the use of hand
tools or small mechanical equipment. Handicraft Manufacturing uses shall include the
accessory direct retail sale to consumers of only those goods produced onsite. Typical
uses include ceramic studios, candle making shops, woodworking, and custom jewelry
manufacturers. For handicraft manufacturing uses without a retail component, see
Manufacturing - Light.” For retail uses with an accessory manufacturing component, see
Retail Sales – General Retail.”
High-occupancy residential use. Any dwelling in the R-1 or R-2 zones when the
occupancy of the dwelling consists of six or more persons over the age of 18. Does not
include “Residential Care Facilities.”
High occupancy residential use. Any dwelling in the R-1 or R-2 zones when the
occupancy of the dwelling consists of six or more adults.
SECTION 96. Section 17.156.020, entitled “I Definitions”, the definition for
Instructional Services” is hereby amended to read as follows:
Instructional Services. Commercial establishments that offer specialized programs in
personal growth and development served provided on an individual or group setting.
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Typical uses include classes or instruction in music, fitness, art, or academics.
Instructional Services also include rehearsal studios as an accessory use.
SECTION 97. Section 17.156.026, entitled “L Definitions” is hereby amended to
add a new definition for a new term entitled “Live Entertainment” to be located after the
existing definition entitled “Liquor Stores” and reads as follows:
Live Entertainment. A facility providing entertainment, examples of which include, but
are not limited to, amplified live or recorded music and/or dancing, comedy, disc jockeys,
etc., or for which a cover fee or ticket may be required, which may also serve alcoholic
beverages for on-site consumption. Does not include activities that are defined as
ambient (see “Ambient Music”). Does not include facilities that provide entertainment as
a primary use (see “Sports and Entertainment Assembly Facility”). Does not include adult
entertainment businesses which is separately defined, see Section 17.86.030 (Adult
Business Uses).
SECTION 98. Section 17.156.026, entitled “L Definitions” is hereby amended to
add a new definition for a new term, entitled “Low Barrier Navigation Centers” to be
located after the existing definition “Lodging” and reads as follows:
Low Barrier Navigation Centers. Low-barrier, service-enriched shelter focused on
moving people into permanent housing that provides temporary living facilities while
case managers connect individuals experiencing homelessness to income, public
benefits, health services, shelter, and housing (see “Transitional Housing and Supportive
Housing”).
SECTION 99. Section 17.156.028, entitled “M Definitions” is hereby amended to
add language to the “Maintenance and Repair Services” definition to read as follows:
Maintenance and Repair Services. Establishments engaged in the maintenance or
repair of office machines, household appliances, furniture, and similar items. This
classification includes base facilities for various businesses that provide services on the
premises of their clients such as gardening, janitorial, pest control, water and smoke
damage recovery, and appliance services (computer, electronic, elevator, equipment,
plumbing, and other maintenance and repair services not operating from a retail
establishment that sells the products being maintained or repaired. This classification
excludes maintenance and repair of vehicles or boats (see “Vehicle Sales and
Services”), office-only facilities with no storage of the equipment that is serviced (see
Offices”), and personal apparel (see “Personal Services").
SECTION 100. Section 17.156.028, entitled “M Definitions” hereby amends the
Multi-Unit Dwellings” definition to read as follows:
Multi-Unit Dwellings. Two or more dwelling units attached or detached, not including
any Accessory Dwelling Units, on a site or lot, which does not include an accessory
dwelling unit. Types of multiple unit dwellings include a duplex, townhouses, common
interest subdivisions, garden apartments, senior housing developments, and multistory
apartment buildings. Multi-unit dwellings may also be combined with non -residential
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uses as part of a Mixed-Use Development.
SECTION 101. Section 17.156.030, entitled “N Definitions” hereby amends the
Nightclubs” definition to read as follows:
Nightclubs. See “Eating and Drinking Establishments – Bars, Live Entertainment, and
Taverns.”
SECTION 102. Section 17.156.044, entitled “V Definitions” hereby amends the
Vacation Rentals” definition to read as follows:
Vacation Rentals. A dwelling or part of a dwelling or recreational vehicle, where lodging
is furnished for compensation for fewer than 30 consecutive days. Does not include
fraternities, sororities, convents, monasteries, hostels, bed and breakfast
establishments, homestay rentals, hotels, motels, or boarding/rooming houses, which
are separately defined.
SECTION 103. Section 17.158.008, entitled “B Definitions” hereby amends “Table
9-1: Rooms and Common Spaces Not Considered Bedrooms” within the “Bedroom”
definition to read as follows:
Table 9-1: Rooms and Common Spaces Not Considered Bedrooms
Hallway Den (see definition, Section 17.158.012)
Bathroom Mezzanine (see definition for requirements, Section
17.158.030)
Kitchen/breakfast nook Laundry room
Living room, family room,
dining room
Junior Accessory Dwelling Units (see definition, Section
17.156.022)
SECTION 104. Section 17.158.008, entitled “B Definitions” is hereby amended to
add a new definition entitled “Bicycle Parking Space.”, and three additional definitions
associated to “Bicycle Parking Space” entitled “Alternative Bicycle.”, “Long-term Bicycle
Parking.”, and “Short-term Bicycle Parking.” and reads as follows:
Bicycle Parking Space: The volume of space that is used to accommodate the
storage of one locked bicycle. Bicycle parking spaces are to be designed and
spaced in a way that accommodates for typical two-wheel bicycles and/or
alternative bicycles.
Alternative Bicycle: Non-traditional bicycles with larger parking space
requirements, including but not limited to, cargo bikes, bikes with trailers,
recumbent bikes, etc.
Long-term Bicycle Parking. Bicycle parking spaces designed for employees,
residents, public transit users, and other long -term users that need to park their
bike for several hours or more. Long-term bicycle parking provides for increased
security in lit and covered (weather protected) locations. Common examples of
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long-term bike parking are storage lockers, internal lockable rooms or enclosures
reserved for bicycle storage, or secured parking areas managed by attendants.
Short-term Bicycle Parking. Bicycle parking space used by visitors, customers,
and other short-term users of residential, commercial, and institutional uses.
Bicycle racks compliant with City standards are used to satisfy this need.
SECTION 105. Section 17.158.018, entitled “G Definitions” hereby amends the
Guest Quarters.” definition to read as follows:
Guest Quarters. A separate accessory space that does not provide direct access to the
living space of the primary residence (such as kitchen facilities), which may be attached
or detached, and may contain bathroom facilities including toilets, bathing facilities,
showers, or sinks but does not contain a kitchen (see “kitchen” definition in Section
17.158.050: K Definitions).
SECTION 106. Section 17.158.022, entitled “I Definitions” hereby amends the
Intermittent use.” definition to read as follows:
Intermittent use. A Temporary Use (see “Temporary Use”) that occurs no more than
90 120 days in a year, but which may continue from year to year.
SECTION 107. Section 17.158.034, entitled “L Definitions” is hereby amended to
add a new definition entitled “Landscape Area” located before the definition entitled
Landscape, Rehabilitated” and reads as follows:
Landscape Area. Landscape area means all the planting areas, turf areas, and water
features in a landscape design plan. The landscape area does not include footprints of
buildings or structures, sidewalks, driveways, parking lots, decks, patios, gravel or stone
walks, artificial turf, other pervious or non-pervious hardscapes, and other non-irrigated
areas designated for non-development (e.g., open spaces and existing native
vegetation).
SECTION 108. Section 17.158.034, entitled “O Definitions” is hereby amended to
add a new definition entitled “Outdoor Furniture.” located after the definition entitled
Owner Occupancy” and reads as follows:
Outdoor Furniture. Furniture such as chairs, tables, settees or loungers, suited for use
on an open porch or patio, i.e. furniture that is designed and intended for outdoor use
such that it is weather proof or weather resistant and generally will not be damaged by
exposure to rain, sun or other outdoor elements.
SECTION 109. Section 17.158.036, entitled “P Definitions” is hereby amended to
add a new definition entitled “Patio” located after the definition entitled “Parking
Management Plan” and reads as follows:
Patio. An outdoor space paved with concrete, rock, bricks, or other pavers that adjoins
a residence and is designed and intended for standing, sitting, dining or recreation.
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SECTION 110. Section 17.158.036, entitled “P Definitions” is hereby amended to
add a new definition entitled “Porch” located after definition entitled “Planning
Commission” and reads as follows:
Porch. A covered deck, landing or platform adjoining an entrance to a residence or other
building.
SECTION 111. Chapter 17.160, entitled “Airport Overlay Zone Land Use
Definitions (Table 2-24)” is hereby retitled as “Previous Land Use Definitions” to read as
follows:
Chapter 17.160: Airport Overlay Zone Previous Land Use Definitions (Table 2-24)
SECTION 112. 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 113. Implementation. 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
or when considered and approved as necessary upon referral by the San Luis Obispo
Airport Land Use Commission.
INTRODUCED on the ___ day of ___, 2021, AND FINALLY ADOPTED by the
Council of the City of San Luis Obispo on the ___ day of ___, 2021, on the following vote:
AYES:
NOES:
ABSENT:
Mayor Erica A. Stewart
ATTEST:
Teresa Purrington
City Clerk
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Ordinance No. _______ (2021 Series) Page 49
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APPROVED AS TO FORM:
J. Christine Dietrick
City Attorney
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the
City of San Luis Obispo, California, on ______________________.
Teresa Purrington
City Clerk
Page 247 of 405
Page 248 of 405
Exhibit A – Table 2-1: Uses Allowed By Zone
Table 2-1: Uses Allowed By Zone
Key:
A = Allowed; MUP = Minor Use Permit approval required; CUP = Conditional Use Permit approval required
M/A = Minor Use Permit approval required on ground floor along street frontage, allowed on second floor or
above
Land Use
Permit Requirement by Zoning District Specific Use
RegulationsAGC/
OS R-1 R-2 R-3 R-4 PF O C-N C-C C-R C-D C-T C-S M BP
AGRICULTURE
Agricultural Accessory
Structure A A
Animal Husbandry and
Grazing A A
Community Garden A MUP A A A A A
Crop Production A A A MUP MUP
Greenhouse/Plant Nursery,
Commercial CUP CUP
INDUSTRY, MANUFACTURING & PROCESSING, WHOLESALING
Fuel Dealer (propane, etc) MUP A See also Sec. 17.74.060
Laboratory - Medical,
Analytical, Research,
Testing
CUP A A A A See also Sec. 17.74.060
Manufacturing - Heavy CUP CUP See also Sec. 17.74.060
Manufacturing - Light A A A See also Sec. 17.74.060
Recycling
Recycling - Collection
Facility MUP MUP MUP A
Recycling -
Processing Facility MUP
Research and Development A MUP A See also Sec. 17.74.060
Salvage and Wrecking MUP
Warehousing, Storage, and Distribution
Page 249 of 405
Table 2-1: Uses Allowed By Zone
Key:
A = Allowed; MUP = Minor Use Permit approval required; CUP = Conditional Use Permit approval required
M/A = Minor Use Permit approval required on ground floor along street frontage, allowed on second floor or
above
Land Use
Permit Requirement by Zoning District Specific Use
RegulationsAGC/
OS R-1 R-2 R-3 R-4 PF O C-N C-C C-R C-D C-T C-S M BP
Outdoor Storage MUP MUP
Personal Storage A A
Warehousing and
Indoor Storage A A MUP
Wholesaling and
Distribution A A MUP
LODGING
Bed and Breakfast
Establishment MUP CUP CUP A A A See Sec. 17.86.070
Homeless Shelter A CUP
A
CUP
A A CUP
A
CUP
A
CUP
A
CUP
A
CUP
A
CUP
A
CUP
A
CUP
A
See Sec. 17.86.150 and GC
Sec. 65583(a)(4)
Hostel CUP CUP A A A
Hotels and Motels A A A CUP CUP
RV Parks CUP
PUBLIC AND QUASI-PUBLIC USES
Cultural Institutions CUP A A A CUP
Hospitals and Clinics
Clinic MUP MUP A MUP MUP MUP See Sec. 17.36.030.C and
Sec. 17.42.030.A
Hospital CUP CUP
Park and Recreation
Facilities A A A A A A A A A A A A A A
Parks and Recreation
Commission review
required.
Public Assembly Facilities CUP A MUP MUP M/A MUP CUP
Religious Assembly
Facilities CUP MUP MUP MUP MUP A MUP MUP A M/A MUP MUP MUP See 42 U.S.C. §§ 2000cc, et
seq.
Schools - Colleges CUP
Schools - Primary and
Secondary CUP CUP MUP MUP CUP CUP CUP MUP CUP See Sec. 17.86.240
Page 250 of 405
Table 2-1: Uses Allowed By Zone
Key:
A = Allowed; MUP = Minor Use Permit approval required; CUP = Conditional Use Permit approval required
M/A = Minor Use Permit approval required on ground floor along street frontage, allowed on second floor or
above
Land Use
Permit Requirement by Zoning District Specific Use
RegulationsAGC/
OS R-1 R-2 R-3 R-4 PF O C-N C-C C-R C-D C-T C-S M BP
Schools - Trade Schools CUP MUP CUP MUP MUP
In the C-D zone, Trade
Schools are not allowed on
the ground floor.
Sports and Entertainment
Assembly Facility CUP CUP
RESIDENTIAL USES
General Residential Housing
Types
Single-Unit Dwellings,
Detached A CUP A A A A A
Multi-Unit Residential A A A A
Boarding House CUP CUP MUP MUP See Chapter 17.146
Caretaker Quarters A A A A A A A A A A A A A A A MUP
Continuing Care Community MUP MUP MUP MUP MUP MUP MUP
Elderly and Long Term Care MUP MUP MUP M/A M/A MUP
Family Day Care (Small and
Large) A A A A A A A A A A A A A See Sec. 17.86.100 and
H&SC 1597.40
Fraternities and Sororities CUP CUP Section 17.86.130
Hospice In-Patient Facility CUP CUP MUP CUP CUP MUP
High Occupancy Residential
Use MUP MUP See Chapter 17.148
Mobile Home Park A A A A See GC Sec. 65852.7,
65863.7, 65863.8
Residential Care Facilities -
6 or Fewer Residents A A A A A A M/A M/A M/A MUP Multiple state statutes
Residential Care Facilities -
7 or More Residents MUP MUP MUP MUP MUP MUP MUP Multiple state statutes
Supportive and/or
Transitional Housing, with
On or Off-Site Services
A A A A MUP A MUP
A A MUP
A A A A A See GC Sec. 65583(a)(5)
Farmworker Housing A A
Page 251 of 405
Table 2-1: Uses Allowed By Zone
Key:
A = Allowed; MUP = Minor Use Permit approval required; CUP = Conditional Use Permit approval required
M/A = Minor Use Permit approval required on ground floor along street frontage, allowed on second floor or
above
Land Use
Permit Requirement by Zoning District Specific Use
RegulationsAGC/
OS R-1 R-2 R-3 R-4 PF O C-N C-C C-R C-D C-T C-S M BP
MIXED USES
Mixed-use Development A A A A A A MUP
A
CUP
A See Sec. 17.70.130
COMMERCIAL USES
Adult Entertainment
Businesses A A See Sec. 17.86.030 and GC
Section 65850.4
Animal Care, Sales and Services
Animal
Boarding/Kennels CUP MUP MUP
Outdoor runs and kennel
areas shall be allowed only
in the C-S zone. See also
Sec. 17.86.170.
Animal Grooming A A A A A MUP
Animal Retail Sales MUP A A A A
Veterinary Services,
Large Animal CUP MUP MUP
Veterinary Services,
Small Animal A A A A M/A A
Banks and Financial Institutions
ATMs A A A A A A A A A
Banks and Credit
Unions A A A A MUP MUP MUP See Sec. 17.36.030.B and
Sec. 17.40.030.A
Check Cashing
Shops/Payday Loans MUP MUP
Business Services A A A M/A A A A
Cemetery CUP CUP CUP CUP CUP CUP CUP CUP CUP CUP
Commercial Recreation -
Large Scale
PC
CUP CUP CUP CUP CUP CUP CUP MUP See Sec. 17.36.030.D and
Sec. 17.86.110
Commercial Recreation -
Small Scale MUP MUP A A A A A A MUP
Page 252 of 405
Table 2-1: Uses Allowed By Zone
Key:
A = Allowed; MUP = Minor Use Permit approval required; CUP = Conditional Use Permit approval required
M/A = Minor Use Permit approval required on ground floor along street frontage, allowed on second floor or
above
Land Use
Permit Requirement by Zoning District Specific Use
RegulationsAGC/
OS R-1 R-2 R-3 R-4 PF O C-N C-C C-R C-D C-T C-S M BP
Day Care Center MUP MUP MUP MUP MUP A A A A M/A MUP MUP MUP MUP See Sec. 17.86.100
Eating and Drinking Establishments
Bars, Live
Entertainment, and
Taverns
MUP MUP MUP MUP MUP MUP See also Sec. 17.86.040
and Sec. 17.86.0530
Restaurant A A A A A A MUP MUP
Restaurant with Late
Hour Alcohol Service MUP MUP MUP MUP MUP MUP MUP MUP See Sec. 17.86.040 and
Sec. 17.86.050
Food and Beverage Sales
General Market A A A A CUP See Sec. 17.26.030.B.1
Convenience Store MUP MUP MUP A A A A A MUP MUP MUP See Sec. 17.26.030.B.1
and Sec. 17.86.090
Produce Stand MUP MUP A A A A
Liquor Store MUP MUP MUP MUP CUP See Sec. 17.26.030.B.2 and
Sec. 17.86.040
Food Preparation A A A
Funeral Parlors and
Internment Services MUP MUP A MUP
Instructional Services MUP CUP MUP M/A A M/A CUP A MUP
Maintenance and Repair
Services A A CUP
Offices
Business and
Professional Offices MUP A A A M/A M/A MUP MUP
In the C-S zone, a Minor
Use Permit is required for
office uses on the ground
floor. See also Sec.
17.36.030.B and Sec.
17.40.030.A.
Medical and Dental
Offices A MUP
A A M/A MUP MUP See Sec. 1736.030.C
Personal Services A A A A MUP A MUP
Page 253 of 405
Table 2-1: Uses Allowed By Zone
Key:
A = Allowed; MUP = Minor Use Permit approval required; CUP = Conditional Use Permit approval required
M/A = Minor Use Permit approval required on ground floor along street frontage, allowed on second floor or
above
Land Use
Permit Requirement by Zoning District Specific Use
RegulationsAGC/
OS R-1 R-2 R-3 R-4 PF O C-N C-C C-R C-D C-T C-S M BP
Retail Sales
See Sec. 17.26.030.A,
17.30.030.A, 17.32.030, and
17.34.034.A and
17.36.030.A
Building Materials and
Services - Indoor A A A A A
Building Materials and
Services - Outdoor MUP A MUP A A
Extended Hour Retail MUP MUP MUP MUP MUP MUP MUP MUP
General Retail MUP A A A MUP MUP
Large-Scale Retail CUP CUP CUP
Nurseries and Garden
Centers CUP A A
Theaters PC
CUP MUP MUP MUP MUP
Only nonprofit theaters are
allowed in the PF zone. See
also Sec. 17.86.030.
Vehicle Sales and Services
Auto and Vehicle
Sales and Rental MUP CUP A MUP
Large Vehicle,
Construction and
Heavy Equipment
Sales, Service, and
Rental
MUP A
Service Stations MUP MUP MUP MUP A See Sec. 17.86.250, and
Sec. 17.86.060.
Vehicle Services -
Major Repair/Body
Work
A A MUP
Vehicle Services -
Minor
Repair/Maintenance
CUP MUP A A MUP
Vehicle Services -
Washing MUP MUP CUP MUP MUP
Page 254 of 405
Table 2-1: Uses Allowed By Zone
Key:
A = Allowed; MUP = Minor Use Permit approval required; CUP = Conditional Use Permit approval required
M/A = Minor Use Permit approval required on ground floor along street frontage, allowed on second floor or
above
Land Use
Permit Requirement by Zoning District Specific Use
RegulationsAGC/
OS R-1 R-2 R-3 R-4 PF O C-N C-C C-R C-D C-T C-S M BP
TRANSPORTATION, COMMUNICATIONS, & UTILITIES
Airport CUP CUP CUP MUP
Wireless
Telecommunications
Facilities
MUP MUP MUP MUP MUP MUP MUP MUP MUP MUP MUP
See Sec. 17.86.290, 47
USC Sec. 332(c)(7) of the
Telecommunications Act,
Pub. Util. Code Sec. 7901 et
seq., GC Sec. 65850.6
Freight/Truck Terminals A A MUP
Light Fleet-Based Services A MUP MUP
Media Production
Backlots and
Soundstages MUP MUP MUP
Broadcast Studios A A M/A A A A
Heliport CUP CUP CUP CUP
Parking Facilities CUP CUP CUP CUP CUP CUP See Sec. 17.86.200
Public Safety Facilities CUP CUP
Transit Station or Terminal CUP CUP CUP MUP A
Utilities Facilities
Ground-mounted equipment
in residential zones shall be
screened by landscaping to
the satisfaction of the
Director.
Facilities with Onsite
Staff CUP CUP CUP CUP CUP CUP CUP CUP CUP CUP CUP CUP CUP CUP CUP CUP
Facilities with No
Onsite Staff
unmanned)
MUP MUP MUP MUP MUP MUP MUP MUP MUP MUP MUP MUP MUP MUP MUP MUP
Transmission Lines CUP CUP CUP CUP CUP CUP CUP CUP CUP CUP CUP CUP CUP CUP CUP CUP
CANNABIS ACTIVITY
Cannabis See Section 17.86.080
Specialty Cultivator MUP MUP MUP
Small Cultivator MUP MUP MUP
Page 255 of 405
Table 2-1: Uses Allowed By Zone
Key:
A = Allowed; MUP = Minor Use Permit approval required; CUP = Conditional Use Permit approval required
M/A = Minor Use Permit approval required on ground floor along street frontage, allowed on second floor or
above
Land Use
Permit Requirement by Zoning District Specific Use
RegulationsAGC/
OS R-1 R-2 R-3 R-4 PF O C-N C-C C-R C-D C-T C-S M BP
Nursery MUP MUP MUP
Manufacturing MUP MUP MUP
Distributor MUP MUP MUP
Microbusiness CUP CUP
MUP
CUP
MUP
CUP
MUP
CUP
See Sec. 17.86.080(E)(12)
for specific requirements per
zone.
Testing CUP A A A
Director’s action required.
See also Sec.
17.86.080(E)(9).
Retailer (Delivery) MUP MUP MUP
Retailer (Storefront) CUP CUP CUP
SPECIFIC AND TEMPORARY LAND USES
Educational Conferences
Housing MUP MUP MUP MUP
Homestay Rentals See Sec. 17.86.160
Home Occupation See Sec. 17.86.140
Food Trucks See Sec. 17.86.120
Nightclubs and Live
Entertainment MUP MUP MUP MUP MUP MUP
Office - Temporary See Chapter 17.113
Outdoor Temporary and/or
Seasonal Sales See Sec. 17.86.190 and Chapter 17.113
Parking Facility - Temporary CUP MUP MUP MUP MUP MUP MUP MUP MUP MUP See Chapter 17.113
Safe Parking PC
CUP
PC
CUP
PC
CUP
PC
CUP CUP CUP CUP CUP CUP CUP CUP CUP CUP See Sec. 17.86.230
Special Event MUP MUP MUP MUP MUP MUP MUP MUP MUP See Chapter 17.113
Vending Machine See Section 17.86.280
Page 256 of 405
Exhibit B - Figure 3-8: Airport Land Use Plan
Page 257 of 405
Page 258 of 405
RESOLUTION NO. PC-XXXX-21
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
SAN LUIS OBISPO RECOMMENDING THE CITY COUNCIL INTRODUCE
AND ADOPT AN ORDINANCE AMENDING TITLE 17 (ZONING
REGULATIONS) OF THE MUNICIPAL CODE WITH CHANGES
IMPLEMENTED FROM THE ADOPTION OF THE 6TH CYCLE HOUSING
ELEMENT, THE UPDATED COUNTY AIRPORT LAND USE PLAN, AND
GENERAL CORRECTIONS IDENTIFIED AND EXECUTED BY
INTERNAL STAFF WITH AN EXEMPTION FROM ENVIRONMENTAL
REVIEW (CEQA). AS REPRESENTED IN THE STAFF REPORT AND
ATTACHMENTS DATED OCTOBER 13, 2021 (ZONING REGULATIONS,
CODE-0663-2021)
WHEREAS, on February 5, 2019, the City of San Luis Obispo adopted a
comprehensive update of the Zoning Ordinance (2018 Zoning Ordinance); and
WHEREAS, on March 3, 2020, The City of San Luis Obispo adopted a
comprehensive update of the Zoning Ordinance specifically to address consistency
regarding Accessory Dwelling Units due to recent state legislature; and
WHEREAS, after more than 18 months of implementation of the 2018 Zoning
Ordinance Update, a number of minor changes and corrections have been identified in
order to correct errors and omissions, clarify confusing or ambiguous
language/references, and add clarification to development review processes to more
efficiently implement policies and programs of the City of San Luis Obispo’s General
Plan that are implemented through Zoning Regulations (Title 17); 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 November 17, 2020, for the purpose of final adoption of the sixth cycle
update to the General Plan Housing Element that included Program 5.5 that states,
Update the Zoning Regulations to allow mixed -use development within Service
Commercial (C-S) and Manufacturing (M) zones without a use permit within one year of
the adoption of the Housing Element.” ; and
WHEREAS, the 6th Cycle Housing Element includes Program 8.18 that states,
Review and amend the Zoning Regulations within one year of Housing Element adoption
to ensure compliance with: 1) the Supportive Housing Streamlining Act (AB 2162) to allow
supportive housing a use-by-right in zones where multi-family and mixed uses are
permitted, including nonresidential zones permitting multifamily uses, if the proposed
development meets specified criteria; and 2) AB 101, to allow Low Barrier Navigation
Centers by-right in all residential zones, areas zoned for mixed-uses, and nonresidential
zones permitting multifamily uses.”; and
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WHERAS, the 6th Cycle Housing Element includes Program 8.23 Update Zoning
Regulations, within one year of Housing Element adoption, to be consistent with the
Employee Housing Act; including: 1) an update of Table 2 -1 to allow single-unit dwellings
without a Conditional Use Permit within the Open Space and Conservation (C/OS) zone
and employee housing consisting of no more than 36 beds in a group quarters, or 12 units
or separate rooms or spaces designed for use by a single -family or household within the
C/OS and AG zones, and 2) remove Chapter 17.148 - High-Occupancy Residential Use
Regulations.”; and
WHEREAS, the Board of Supervisors of the County of San Luis Obispo, on May
26, 2021, adopted an update to the San Luis Obispo County Airport Land Use Plan and
the State Aeronautical Act (SAA) requiring timely action to make minor amendments to
the Zoning Ordinance (Title 17) for consistency; and
WHEREAS, the State of California Office of Housing and Community
Development, on September 3, 2021, certified the City of San Luis Obispo’s 6th Cycle
General Plan Housing Element as in full compliance with State Law; and
WHEREAS, On July 20, 2021, the City Council asked staff for clarification of
Municipal Code provisions for the keeping of bees regarding desired agricultural
application; and
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 October 13, 2021, for the purpose of recommending the various
amendments to implement programs of the 6th Cycle Housing Element, ensure
consistency with the San Luis Obispo County Airport Land Use Plan, and for
miscellaneous clean-up purposes to Title 6 and Title 17 of the Municipal Code; and
WHEREAS, notice of said public hearing were made at the time and in the manner
required by the law; and
WHEREAS, the Planning Commission has duly considered all evidence, including
the testimony of the applicant, interested parties, and the evaluation and
recommendations by staff, presented at said hearing.
NOW, THEREFORE, BE IT RESOLVED, by the Planning Commission of the City
of San Luis Obispo as follows:
SECTION 1. Findings. The Planning Commission does hereby recommend the
City Council introduce and adopt the proposed with modifications as follows:
Section 25: 17.70.130.F.4.b. - remove proposed amendment from
ordinance.
Section 45: 17.86.020.B.3.a – remove proposed text “unless the property
has a mixed use overlay”.
Page 260 of 405
Section 45: 17.86.020.B3.D7 - Allow balconies greater than 50' if oriented
to the interior of the lot or a street.
Section 45: 17.86.020.C.2.b. – remove proposed text “A junior accessory
dwelling unit may only be allowed on a lot with an accessory dwelling unit
if the accessory dwelling unit is detached from the single family structure”
Section 106: 17.158.018 “G Definitions” – revised as follows: “A separate
accessory space that does not provide direct access to the living space of
the primary residence (such as kitchen facilities), which may be attached
or detached, and may contain bathroom facilities including toilets, bathing
facilities, showers, or sinks but does not contain a kitchen (see “kitchen”
definition in Section 17.158.050: K Definitions)”.
SECTION 2. Findings. Based upon all evidence, the City Council makes the
following findings:
1. The proposed amendments to Titles 6 and 17 will not cause significant health,
safety, or welfare concerns since the amendments are consistent with the General
Plan and directly implement City goals and polices.
2. The proposed amendments to Title 17 are also consistent with the 6th Cycle
Housing Element and implements many policies and programs including programs
5.5, 6.23, 8.18 and 8.23. As represented in the staff report, additional follow up
actions are needed in order to further implement Housing Element policies and
programs not addressed by this Zoning Code Update.
SECTION 3. Environmental Determination. The proposed amendments to the
Municipal Code Title 6 and Title 17 have been assessed in accordance with the
authority and criteria contained in the California Environmental Quality Act (CEQA),
the state CEQA Guidelines, and the environmental regulations of the City.
Specifically, the proposed amendments have been determined to be exempt from
further environmental review pursuant to CEQA Guidelines Section 15061(b)(3),
the “Common Sense” exemption, because the proposed actions will have no
possibility of a significant effect on the environment and will not cause impacts and
Section 15308 Actions by Regulatory Agencies for Protection of the Environment.
In this case, minor amendments to streamline the development review process by
allowing supportive and employee housing in expanded districts, to reduce the
number of public hearings required for housing projects and to expand districts to
allow mixed use projects, are consistent with State Law requirements and the City’s
6th Cycle Housing Element and will not have an significant effect and project specific
environmental review will be required; additionally, minor amendments to
regulations in Chapter 17.64 and Sections 17.10.020.D and 17.70.020 require
continued referral of certain projects to the San Luis Obispo County Airport Land
Use Commission and clarify existing procedure and will not cause significant
effects or cause impacts; further, the minor amendments throughout Title 17 as
Page 261 of 405
outlined in the staff memorandum to City Council on November 16, 2021 are
included to provide for grammatic correction, clarity, comprehensibility and internal
and procedural consistency and are not anticipated to have a significant effect on
the environment or cause impacts, and lastly, minor amendments to Title 6 to add
limited provision for the keeping of bees for agricultural purposes on lands zoned
Agriculture or Conservation/Open Space, are not anticipated to cause significant
effect on the environment or cause impacts.
Upon motion of ______________________, seconded by __________________ and on the
following roll call vote:
AYES:
NOES:
ABSENT:
The foregoing resolution was passed and adopted this 22nd day of September 2021.
Tyler Corey, Secretary
Planning Commission
Page 262 of 405
PLANNING COMMISSION AGENDA REPORT
SUBJECT: F - PLANNING COMMISSION AGENDA REPORT (OCTOBER 13,
2021).DOCX
PROJECT ADDRESS: City-wide BY: Owen Goode, Assistant Planner
Phone Number: (805) 781-7576
Email: ogoode@slocity.org
FILE NUMBER: CODE-0663-2021 FROM: Tyler Corey, Deputy Director
RECOMMENDATION
Adopt a draft Resolution (Attachment 1) recommending the City Council introduce and
adopt an Ordinance (Attachment 2) amending the City of San Luis Obispo Municipal Code
Title 6 (Animals), and Title 17 (Zoning Regulations) updating regulations for bee keeping,
state housing law consistency and other various zoning regulations as required for
internal consistency.
1.0 COMMISSION’S PURVIEW
The Planning Commission’s role is to review the proposed Municipal Code amendments
for consistency with the City’s Housing Element and State Law, clarity, internal
consistency and to make a recommendation to the City Council regarding the proposed
amendments.
2.0 PROJECT INFORMATION
2.1 Background
On November 17, 2020, the City Council adopted the 6th Cycle Housing Element, which
includes housing policies and programs for 2020-2028. Some programs in the 6th Cycle
Housing Element require that city staff update the Zoning Regulations within one year of
adoption to maintain consistency with the City’s General Plan and state law.
The Airport Land Use Plan (ALUP) was recently amended on May 26, 2021 . With the
recent update of the ALUP, staff has proposed amendments to the Zoning Regulations
to ensure consistency with the latest ALUP.
Additionally, after more than 18 months of implementation of the 2018 Zoning Regulations
Update (GENP-0327-2017), a number of minor changes and corrections have been
identified in order to correct errors and omissions, clarify confusing or ambiguous
language/references, and add clarification to development review processes to more
efficiently implement policies and programs of the General Plan that are implemented
through Zoning Regulations.
Lastly, staff has identified one Section in Title 6 of the municipal code that requires an
amendment for general clarification related to beekeeping provisions.
Meeting Date: 10/13/2021
Item Number: 4a
Time Estimate: 90 minutes
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2.2 Previous Public Review
Housing Element: In 2020, the City of San Luis Obispo, as well as the County and other
cities within the County updated their Housing Elements based on the new 6th Cycle
Regional Housing Needs Allocation (RHNA) requirements administered by the State of
California Department of Housing and Community Development (HCD). The 6th Cycle
Housing Element was updated in response to input received through 12 presentations,
meetings, online surveys, and a public workshop, as well as other extensive community
outreach leading up to adoption of the 6th Cycle Housing Element at the November 17,
2020, City Council Meeting. The proposed ordinance implements several of the policies
and programs as prescribed in the adopted 6th Cycle Housing Element.
Other proposed revisions to the Zoning Regulations are intended for general clean-up
purposes and are based upon input received from working with the community in the
implementation of the 2018 Zoning Regulations.
3.0 PROJECT ANALYSIS
3.1 Implementation of Several Programs in the 6th Cycle Housing Element Update
The Housing Element is a state required element of the General Plan that must be
updated regularly as determined by State housing law. Updating the Housing Element is
a key step in the City’s efforts to expand affordable housing opportunities and is required
by California Government Code Sections 65580 -65589.8. On November 17th, 2020, the
City adopted the 6th Cycle Housing Element, which includes housing policies and
programs for 2020-2028. On September 3, 2021, HCD found the City’s adopted 6th Cycle
Housing Element in full compliance with State Law.
With the adoption of the 6th Cycle Housing Element by the City and the state certification
of compliance from HCD, several programs are required to be implemented in the City’s
Zoning Regulations within one-year of adoption to maintain consistency with General Plan
and state law. It should be noted that there are many new or revised policies and
programs in the 6th Cycle Housing Element that will require implementation over the 2020 -
2028 period and the proposed ordinance contains only select regulations that are
considered to be directly prescribed by Housing Element program language and state
law. Other policies and programs, such as the Commission’s recent consideration of
Objective Design Standards, and future implementation of programs pertaining to
missing middle” housing, or inclusionary housing for example, will be brought forward
separately in order to provide more opportunities for wider community engagement and
discussion.
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Housing Element programs that are proposed for implementation with this ordinance
update include the following:
Program 5.5: Update the Zoning Regulations to allow mixed-use development within
Service Commercial (C-S) and Manufacturing (M) zones without a use permit within one
year of the adoption of the Housing Element.
Program 8.18: Review and amend the Zoning Regulations within one year of Housing
Element adoption to ensure compliance with: 1) the Supportive Housing Streamlining Act
AB 2162) to allow supportive housing a use -by-right in zones where multi-family and
mixed uses are permitted, including nonresidential zones permitting multifamily uses, if
the proposed development meets specified criteria; and 2) AB 101, to allow Low Barrier
Navigation Centers1 by-right in all residential zones, areas zoned for mixed -uses, and
nonresidential zones permitting multifamily uses.
Program 8.23: To address conflicts of the City’s code and the Employee Housing Act,
proposed amendments to the Zoning Regulations include: 1) An update of Table 2-1
Refer to Attachment 2 Exhibit A) to allow Single-Unit Dwellings without a CUP within the
Open Space and Conservation (C/OS) zone and allow employee housing consisting of
no more than 36 beds in a group quarters, or 12 units or separate rooms or spaces
designed for use by a single-family or household within the C/OS and AG zones; and 2)
remove Section 17.148 (High Occupancy Residential Use Regulations), to be consistent
with the intent of the Employee Housing Act (Government Code Section 17021.5 and
17021.6) and to be consistent with the Uniform Housing Code which regulates occupancy
limits, as confirmed in the case of Briseno v. City of Santa Ana.
3.2 Key Revisions Related to Housing Element and State Law Requirements
This section provides a summary of amendments to the Zoning Regulations that are
intended to address consistency with the updated Housing Element, specifically the
programs stated above:
1) Section 17.10.020 (Table 2-1: Uses Allowed by Zone) has been amended to allow
mixed-use development within the C-S and M zones without a minor use permit.
Mixing residential and commercial uses is encouraged to promote housing
development close to jobs and employment centers, to exploit affordable infill
housing opportunities and to promote a compact, pedestrian - and transit-friendly
urban structure.
2) Section 17.10.020 (Table 2-1: Uses Allowed by Zone) has been amended to allow
supportive housing by-right in zones where multi-family and mixed-uses are
permitted. This amendment is required to maintain consistency with AB 2162 that
requires supportive housing by-right in zones where multi-family and mixed uses
are permitted.
1 AB 101 defines “Low Barrier Navigation Center” as a Housing First, low -barrier, service-enriched shelter
focused on moving people into permanent housing that provides temporary living facilities while case
managers connect individuals experiencing homelessness to income , public benefits, health services,
shelter, and housing.
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3) Section 17.10.020 (Table 2-1: Uses Allowed by Zone) has been amended to allow
Low Barrier Navigations Centers by-right in all residential zones, areas zoned for
mixed-uses, and non-residential zones permitting multifamily uses, consistent with
AB 101.
4) Section 17.10.020 (Table 2-1: Uses Allowed by Zone) has been amended to be
consistent with the Employee Housing Act and allows employee and farmworker
housing by right within the C/OS and AG zones consisting of no more than 36 beds
in group quarters, or 12 units or separate rooms or spaces designed for use by a
single-family or household.
5) Section 17.86.210.E (Recreational Vehicles as Tiny Houses in Residential Zones)
has been amended to clarify that Tiny Houses on Wheels are not considered a
dwelling unit by the State of California and are not subject to the provisions under
Government Code Section 65852.2.
6) Section 17.106.030 (Levels of Development Review) has been amended for
consistency with the Housing Element to streamline the approval process for
housing developments and clarification has been provided for projects that are
exempt from development review. This section has also been amended to increase
the thresholds for projects that are considered Minor, Moderate, and Major
Projects.
7) Section 17.138.090 (Incentives) has been amended to correct an inconsistency
with long-term standard procedures allowing the review authority to approve
Affordable Housing Incentives rather than City Council.
8) Section 17.138.140 (Affordability Restrictions) has been amended to adjust the
number of years for ownership and rental deed restricted affordable housing for
consistency with state law.
9) Section 17.138.160 (Early Resale of Shared Equity Properties) is amended to
correct language to provide consistency with Table 8-1: Percent of Equity Build-up
Recaptured. The previous language was incorrect by stating recapture fees only
apply within six years, but the table states within seven. The language now reads
that recapture fees apply within 7 years, as reflected in the table.
10) Section 17.140.040 (Standard Incentives for Housing Projects) has been amended
to be consistent with Assembly Bill 2345 (“AB 2345”). For more than forty years,
California’s Density Bonus Law (Government Code Section 65915 et seq.) has
been a mechanism to encourage developers to incorporate affordable units within
a residential project in exchange for density bonuses and relief from or relaxation
to other development standards. Effective as of January 1, 2021, AB 2345 amends
the Density Bonus Law to expand and enhance development incentives for
projects with affordable and senior housing components.
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11) Sections 17.140.060 (Standard Incentives for Conversion of Apartments to
Condominium Projects) and 17.140.070 (Alternative or Additional Incentives) are
amended for internal consistency. These amendments are required to be
consistent with Table 6-1: Review Authority by referring approval to the applicable
review authority, rather than the inconsistent references to Planning Commission
or City Council.
12) Removed Chapter 17.146 (Residential Occupancy Standards). This section was
identified to be inconsistent with the Uniform Housing Code , which regulates
occupancy limits and restricts the ability of local agencies to impose more
restrictive requirements.
13) Removed Chapter 17.148 (High Occupancy Residential Use Regulations). This
section was removed for consistency with Housing Element Program 8.23 and was
also identified to be inconsistent with the Uniform Housing Code.
3.3 Airport Land Use Update
The San Luis Obispo County Regional Airport (SBP) ALUP was officially amended and
restated May 26, 2021. As a result, in accordance with the State Aeronautics Act, the City
must update regulations within 180 days to maintain consistency with this plan. The
proposed ordinance has been referred to the County’s Airport Land Use Commission and
will be effective upon its findings for consistency.
Key revisions made to the Zoning Regulations, because of the updated ALUP, are as
follows:
1) Section 17.20.020 (Table 2-8: R-3 Zone Development Standards) has been
amended to remove density restrictions for properties within the Airport Safety
Zones, as the updated ALUP now provides for additional residential density that
can accommodate the standard density provided for in R-3 zoned areas which are
within ALUP boundaries.
2) Removed the Airport Overlay Zone (Chapter 17.64). The Airport Overlay Zone
AOZ) Chapter was added to the Zoning Regulations since the City overruled the
Airport Land Use Commission’s determination the Land Use and Circulation
update of 2014 was not consistent with the ALUP in effect at the time. With the
updated ALUP now in effect, the City is able to be in conformance with the ALUP
and the AOZ Chapter needs to be removed since it would not be consistent with
the updated ALUP and is no longer necessary.
3) New Section 17.70.020 (Airport Land Use Plan Consistency) has been added to
note the requirement that all projects within the Airport Influence Area (AIA) (Refer
to Attachment 2 Exhibit B) boundaries shall be consistent with the ALUP update.
4) Section 17.10.020.D (Airport Land Use Plan and Airport Overlay Zone) has been
amended to include language to clarify that projects within existing Specific Plans
subject to the AIA are recognized as existing development in the County’s 2021
ALUP and continue to be in effect.
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3.4. Miscellaneous Changes to Zoning Regulations (Title 17)
After more than 18 months of implementation of the 2018 Zoning Regulations Update,
and additional updates since, pertaining to Accessory Dwelling Units, as well as a
recognition of refinements needed with changing business operations during the COVID-
19 pandemic, a number of minor changes and corrections have been identified in order
to correct errors and omissions, clarify confusing or ambiguous language/references, and
add clarification to development review processes to more efficiently implement policies
and programs of the General Plan.
Uses Allowed by Zone (Table 2-1)
As discussed above, several amendments are proposed to address the Housing Element
Update in addition to general cleanup revisions to Table 2: Uses Allowed by Zone. Below
is a summary of the changes to Table 2-1 that have also been provided in Attachment 2,
Exhibit A:
1) Homeless Shelter: amended to be allowed by-right in all zones that allow multi-
unit and mixed-use developments for consistency with AB 101.
2) Boarding House: removal of reference to Chapter 17.146.
3) Fraternities and Sororities: add reference to Section 17.86.130.
4) High Occupancy Residential Use: removed in its entirety.
5) Supportive and/or Transitional Housing, with On or Off-Site Services:
amended to be allowed by-right in all zones that allow multi-unit and mixed-use
developments for consistency with AB 101.
6) Farmworker Housing: new land use added and provided as allowed by right in
the AG and C/OS zones.
7) Mixed-Use Development: amended to be allowed by right in the C-S and M
zones.
8) Commercial Recreation – Large Scale: amend reference in PF zone to be
Conditional Use Permit (CUP) instead of PC which is an old reference.
9) Bars, Live Entertainment, and Taverns: remove reference to Live Entertainment
which is now a separate land use, and update Section reference from 17.86.030
to 17.86.050.
10) Medical and Dental Offices: change from Minor Use Permit (MUP) to Allowed (A)
to be allowed by right in the Community Commercial (C-C) zone.
11) Theaters: amend reference in PF zone to be CUP instead of PC which is an old
reference.
12) Service Stations: amend Section reference to include Section 17.86.060.
13) Cannabis – Microbusiness: change to add CUP required for C-R zone instead
of C-D zone which was an edit made in error.
14) Cannabis – Retailer (Storefront): change to add CUP required for C-R zone
instead of C-D zone which was an edit made in error.
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15) Nightclubs and Live Entertainment: add new land use classification to require
MUP in the C-C, C-D, C-T, C-S, M zones.
16) Safe Parking: amend reference in R-1, R-2, R-3, and R-4 zones to be CUP instead
of PC which is an old reference.
Accessory Dwelling Units
Since adoption of the City’s Accessory Dwelling Unit (ADU) ordinance on March 3, 2020,
staff has identified clean up and organization items that will improve ambiguities of the
existing language and provide greater clarification for the development of ADU’s (Section
17.86.020). The proposed changes are summarized below:
1) Clarification of what zones ADU’s are permitted (AG, C/OS, R-1, R-2, R-3, R-4, or
O [Office] zone) on lots with an existing or proposed residential structure.
2) Allowing the Director to authorize an exception to square footage standards for an
ADU of up to 1,200 square feet, through Director’s Action process. For R-1 zones
this is only applicable for lots that are at least 12,000 square feet in area.
3) Provided additional design options for ADUs that involve the creation of new
square footage by allowing up to twenty-five feet in height if constructed above an
existing garage, or if consistent with setback standards provided in Article 2 of Title
17.
4) Increasing the minimum setback for a balcony or terrace to 10 feet from adjacent
property lines. Upper level private or common open space areas, as accessory to
an ADU shall not exceed 50 square feet, and roof decks and rooftop open spaces
are prohibited.
5) ADUs that are consistent with Government Code Section 65852.2(e) will also
receive ministerial approval.
6) Clarification of the sixty-day timeline under “Procedure Requirements.”
7) Requiring building permit applications for ADUs on lots with existing primary
dwelling unit(s) to not include changes or improvements to those existing
structures unless those improvements are required to facilitate the creation of the
ADU.
8) Requiring Junior Accessory Dwelling Unit (JADU) conversions to provide
replacement parking when converting a garage. Parking must be consistent with
Sections 17.70.170 (Setbacks) and 17.76.040 (Front Yard Parking) without
setback exceptions to accommodate replacement parking.
9) Clarification of when JADU’s are allowed in relation to when there is an existing
attached or detached ADU.
10) The Guest Quarters section has also been amended to address consistency with
changes to ADUs and JADUs. The review process for Guest Quarters has also
been decreased from discretionary review to ministerial review to streamline the
review process.
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The purpose of these changes is to continue to allow efficient processing of ADUs, while
still providing an element of privacy for neighbors. Staff has determined that allowing
height exceptions for the development of ADUs above garages, while still requiring
specific setbacks for those units, provides additional options to those who would like to
develop ADUs, while still providing a sense of privacy for their neighbors. Additionally,
staff has determined that applicants who can meet these requirements can still have their
permits processed within the sixty-day timeline enforced by HCD and be ministerially
approved. The goal of these changes is to provide consistency with state law, while
maintaining privacy for neighbors.
Parking Requirements
Staff has recognized the need for additional changes to the City’s parking requirements .
Changes relevant to parking are summarized below:
1) Sections 17.16.020; 17.18.020; 17.20.020; 17.22.020; 17.24.020 (Development
Review Standards) have been amended to clarify restrictions for front yard parking
setbacks for R-1, R-2, R-3, R-4, and O (Office) zones, with cross reference to
Section 17.70.170.C.10 (Enclosed and Unenclosed Parking Spaces in Front and
Street Side Setback Prohibited) for internal consistency.
2) Section 17.26.030 (Additional Regulations) has been amended to provide cross
reference to parking requirements for the C-N zone under Section 17.72.030.C
Required Parking).
3) Section 17.32.030 (Additional Regulations) has been amended to provide cross
reference to parking requirements for the C-D zone under Section 17.72.030.D
Required Parking).
4) Section 17.72.020.C (Parking Calculations) has been amended to provide
clarifications regarding parking for new accessory uses, such as tasting rooms and
breweries. If a primary use includes an accessory use that generates higher
parking requirements than the primary use, the Director may require that the
accessory activity provide parking in accordance with Table 3 -4 (Parking
Requirements by Use) in addition to the parking required for the primary use.
5) Section 17.72.030 (Table 3-4: Parking Requirements by Use) has been amended
to remove reference to Handicraft Manufacturing, provide clarification for Religious
Facilities, and Food Preparation uses.
6) Section 17.72.050 (Parking Reductions) has been amended to provide clarification
for Bicycle and Motorcycle Parking Reduction Rates to allow reductions of vehicle
parking up to 10 percent without the requirement of a Parking Demand Study.
Section 17.72.060 (Nonresidential Additions and Reconstruction) has been
amended to provide clarification and flexibility for minor modifications to existing
structures.
7) Section 17.72.070 (Applicability) has been amended to remove exemptions for
single family residences and nonresidential developments of less than 2,500
square feet.
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8) Section 17.76.040 (Front Yard Parking) has been amended to bring back Legal
Non-Conforming Front Yard Parking, which was previously omitted from the 2018
Zoning Regulations Update.
Removal of Table 6-1: Review Authority
Section 17.102.020 (Table 6-1: Review Authority) has been removed for consistency
within Title 17 of the Municipal Code. Staff identified that Table 6-1 was unnecessary as
it was only provided as a summary of different review thresholds throughout the Zoning
Regulations, and this table is better served as a separate independent summary
document for staff and the public to understand the thresholds of review for various
entitlements identified in the Zoning Regulations.
Zoning Regulations - General and Miscellaneous Changes
Other revisions made to the Zoning Regulations are as follows:
1) Section 17.06.020.D (Table 1-1: Zones Established) add the Business Park (BP)
zone and remove the Airport Overlay (AO) reference.
2) Sections 17.16.020 and 17.18.020 (Development Standards) have been
amended to provide clarification for minimum setbacks for corner lots.
3) Section 17.24.020 (Table 2-12) has been amended to provide clarification of
minimum density thresholds.
4) Article 3 (Regulations and Standards Applicable to All Zones) ha s been amended
to relabel Figure references and cross references to the now removed Chapter
17.64.
5) Section 17.70.040 (Density) has been amended to clarify that density is calculated
based on net area of a property.
6) Section 17.70.040.A.2.a (Table 3-1: Maximum Residential Density for Cross-
Slope Categories) has been corrected for R-3 zones in slopes that range from 16-
20% and 21-25% to be consistent with the other zones based on standard density
thresholds.
7) Section 17.70.050 (Table 3-2: Edge Condition Zones) the BP zone has been
added, which was previously missing.
8) Section 17.70.070.C.3 (Driveway Gates) has been amended to provide cross
reference to Municipal Code Section 12.38.040 (Parking Driveway Standards) for
vehicle maneuverability requirements.
9) Section 17.70.130.D.1.a (Ground Floor Limitations) has been amended to be
quantified as an objective standard, existing language was not consistent with the
Housing Accountability Act.
10) Section 17.70.130 (All Other Zones that Allow Mixed Use Projects) has been
amended to extend the hours of operation for businesses in a mixed-use building
from 8:00 PM to 10:00 PM to be consistent with the City’s Noise Ordinance.
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11) Section 17.70.150 (Rooftop Uses) has been amended to differentiate between
language in Section 17.76.090 (Rooftop Uses), clarification has been provided
regarding cross reference to Section 17.70.080 (Height Measurement and
Exceptions).
12) Section 17.70.170.C.6 (Mechanical Equipment) has been amended to provide
clarification regarding ground mounted equipment within required setbacks.
13) Section 17.70.200.D (Maintenance) has been amended to include language
regarding maintenance of solid waste containers.
14) Section 17.72.050 (Parking Reductions) has been corrected for grammar.
15) Section 17.72.090 (Residential Uses) has been corrected for grammar.
16) Section 17.76.060 (Trash Receptacles) was amended for grammar and to provide
clarification to the different standards for containers within the C-D zone to be
removed before 10:00 AM, to reflect current practices and requirements for
properties within the Downtown Association boundary.
17) Section 17.76.090 (Rooftop Uses) was retitled to “Roofs” and amended to
differentiate between the duplicate Section 17.70.150 (Rooftop Uses).
18) Section 17.76.100 was amended to remove language from Screening of Visible
Storage and Maintenance. Screened objects no longer need to be below a solid
six-foot-high fence, but only behind the fence to be considered screened.
19) Section 17.76.100.A (Screening of Visible Storage and Maintenance) was
amended to clarify that 6-foot fencing qualifies as screening.
20) Section 17.76.100.A.4.f (Exceptions) was amended to provide greater clarification
between outdoor furniture and recreational furniture.
21) Section 17.86.050 (Alcoholic Beverage sales – Bars, Live Entertainment, Late
Night Alcohol Service) has been relabeled to “Alcoholic Beverage Sales – Bars
and Restaurants with Late Night Alcohol Service”, with amendments to provide
clarification on Use Permit requirements, and clarification regarding live
entertainment.
22) Section 17.86.100.D (Day Care as an Accessory Use) has been relocated under
Section 17.86.100.B (Permits Required) as new subsection 4 to provide
clarification for permit requirements for Day Care facilities that are accessory to
other approved uses.
23) Section 17.86.110 (Electronic Game Amusement Centers) has been removed as
staff identified that regulations surrounding the development and location of
Electronic Game Amusement Centers were outdated and inconsistent with the
purpose of the City’s Zoning Regulations. Electronic Game Amusement Centers
licensing requirements will remain in effect in Municipal Code Title 5.
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24) Section 17.86.120 (Duration and Hours of Operation) has been relabeled as
Hours of Operation” in light of the impacts that COVID-19 has created, and with
new and creative dining opportunities being presented, it was inconsistent to
restrict a food truck from providing service for a certain number of days in a
specific location.
25) Section 17.86.160 (Performance Standards) has been amended for clarification
of terms and restrictions of homestay uses within recreational vehicles and ADUs.
26) Section 17.86.260.B.5 (Other Temporary and Intermittent Uses and Special
Events) has been corrected for grammar.
27) Added language to Section 17.86.290 under Exempt Facilities for Wireless
Telecommunications Facilities.
28) Section 17.92.020 (Limits on Reconstruction – Exceptions) has been amended to
provide greater clarification and organization of standards applicable to
nonconforming structures.
29) Article 6 (Permit Procedures) has been amended to remove all references to the
now removed Table 6-1 (Review Authority).
30) Section 17.102.020.A.1 (Affordable Housing Incentives) has been amended to
provide reference to alternative or additional incentives.
31) Section 17.106.040 (Recommendations from Advisory Bodies) has been
amended to provide greater clarification on applicable review authorities for
moderate and major projects.
32) Section 17.108.020 (Applicability) has been removed for the same reason Table
6-1 was removed, as this section provided an incomplete list of projects which are
better listed as a separate independent reference document.
33) Section 17.108.040 (Required Findings) subsection 4 has been amended to
clarify conflicting terminology.
34) Section 17.109.020 (Applicability) has been removed for consistency with Chapter
17.108 (Director’s Action).
35) Section 17.110.070 (Required Findings) subsection A.2 has been amended to
provide clarification to be inclusive of uses that are conditionally allowed, per
Table 2-1: Uses Allowed by Zone.
36) Section 17.110.080 (Requirement for and Compliance with Use Permits) has
been amended to remove language that requires additional use permits for
properties occupied by conditionally allowed use. This language is inconsistent
with processes and procedures by the City and was determined to be an
unnecessary obstacle for businesses that are typically allowed by-right.
37) Section 17.113.010.B (Applicability) subsection B.3 has been amended to provide
internal consistency adding reference to Section 17.86.190.C (Garage and Yard
Sales).
38) Section 17.120.020.B (Duties and Authority) subsection B.2 has been amended
to revise language referring to the previous Table 6-1.
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39) Chapter 17.120 (Administrative Responsibility) has been amended to include a
new Section 17.120.045 (Cultural Heritage Committee) to address the
applicability of the Cultural Heritage Committee’s responsibility under the Zoning
Regulations.
40) Section 17.120.050.C (Compliance) has been amended to revise language
referring to the previous Table 6-1.
41) Chapter 17.124 (Amendments – Zoning Regulations and Zoning Map) has been
amended to include a new Section 17.124.050 (Other requirements). This section
which previously existed before the 2018 Zoning Regulations Update addresses
procedures for pre-zoning and adoption of urgency interim regulations.
42) Section 17.154.004 (Organization) subsections B and C have been re-organized
to be in proper order, and subsection C has been amended to remove reference
to Airport Overlay land uses and has been revised to address land use definitions
prior to the 2018 Zoning Regulations Update for consistency with land use
classifications within existing Specific Plans and Area Plans.
43) Section 17.156.004 (Agricultural Accessory Structure) has been amended to
include produce stands.
44) Section 17.156.006 (Boarding House) has been amended to address residential
occupancy thresholds for internal consistency.
45) Section 17.156.012 (Eating and Drinking Establishments – Bars, Live
Entertainment, and Taverns) has been amended to remove Live Entertainment
which is now separately defined.
46) Section 17.156.014 (Farmworker Housing) provides a new definition for
Farmworker Housing to be consistent with State Law and Table 2-1 (Uses
Allowed by Zone).
47) Section 17.156.018 (Handicraft Manufacturing) has been removed as it is no
longer a land use under Table 2-1 (Uses Allowed by Zone).
48) Section 17.156.018 (High-Occupancy Residential Use) and (High-Occupancy
Residential Use), has been amended to remove duplicate definitions and to
ensure consistency with the removal of Chapter 17.144.
49) Section 17.156.020 (Instructional Services) has been amended for clarification of
terminology.
50) Section 17.156.026 (Live Entertainment) and (Low Barrier Navigation Centers)
has been amended to add new definitions for Live Entertainment and Low Barrier
Navigation Centers.
51) Section 17.156.028 (Maintenance and Repair Services) has been amended to
address previous definition of Client Site Services.
52) Section 17.156.028 (Multi-Unit Dwellings) has been amended to clarify
terminology regarding Accessory Dwelling Units.
53) Section 17.156.030 (Nightclubs) has been amended to reference new definition
of Live Entertainment.
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54) Section 17.156.044 (Vacation Rentals) has been amended to include recreational
vehicles.
55) Section 17.158.008 (Bedroom) has been amended to include clarification
regarding Junior Accessory Dwelling Units.
56) Section 17.158.008 (Bicycle Parking Space) has been added as a new definition
for clarification, new definitions have also been added for (Alternative Bicycle),
Long-term Bicycle Parking), and (Short-term Bicycle Parking).
57) Section 17.158.018 (Guest Quarters) has been amended to clarify qualifications
for spaces which may be defined as a Guest Quarters.
58) Section 17.158.022 (Intermittent use) has been amended to increase the duration
per year from 90 days to 120 days.
59) Section 17.158.028 (Landscape Area) has been added as a new definition for
internal consistency.
60) Section 17.158.034 (Outdoor Furniture) has been added as a new definition for
internal consistency and clarification on terminology.
61) Section 17.158.036 (Patio) and (Porch) have been added as a new definition for
internal consistency and clarification of terminology.
62) Chapter 17.160 (Airport Overlay Zone Land Use Definitions) has been retitled
Previous Land Use Definitions).
3.5 Proposed Changes to Title 6 (Animals)
Due to interest expressed by staff and the City Council during the meeting of July 20,
2021, concerning available areas for limited bee keeping activities, and due to the
importance of honey bees for pollination in domestic agriculture, Section 6.28.070 entitled
Bees Prohibited” is proposed to be amended to allow for bee keeping for agricultural
purposes within a Conservation/Open Space or Agricultural zoning district, along with the
existing allowance for the purpose of study and observation in a hive or box within a
school building.
4.0 ENVIRONMENTAL REVEIW
The proposed amendments to the Municipal Code Title 6 and Title 17 have been
assessed in accordance with the authority and criteria contained in the California
Environmental Quality Act (CEQA), the state CEQA Guidelines, and the environmental
regulations of the City. Specifically, the proposed amendments have been determined to
be exempt from further environmental review pursuant to CEQA Guidelines Section
15061(b)(3), the “Common Sense” exemption, because the proposed actions will have
no possibility of a significant effect on the environment and will not cause impacts . In this
case, minor amendments to streamline the development review process by allowing
supportive and employee housing in expanded districts, to reduce the number of public
hearings required for housing projects and to expand districts to allow mixed use projects,
are consistent with State Law requirements and the City’s 6th Cycle Housing Element and
will not have a significant effect and project specific environmental review will be required;
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additionally, minor amendments to regulations in Chapter 17.64 and Sections
17.10.020.D and 17.70.020 require continued referral of certain projects to the San Luis
Obispo County Airport Land Use Commission and clarify existing procedure and will not
cause significant effects or cause impacts; further, the minor ame ndments throughout
Title 17 are included to provide for grammatic correction, clarity, comprehensibility and
internal and procedural consistency and are not anticipated to have a significant effect on
the environment or cause impacts. And lastly, minor amendments to Title 6 to add limited
provision for the keeping of bees for agricultural purposes on lands zoned Agriculture or
Conservation/Open Space is not anticipated to cause a significant effect on the
environment or cause impacts.
5.0 OTHER DEPARTMENT COMMENTS
Staff comments have been incorporated into the proposed changes to Titles 6 and 17. In
addition, the Utilities and Public Works departments have provided input regarding clean
up amendments.
6.0 ATTACHMENTS
A - Planning Commission Resolution
B - Draft City Council Ordinance
C - Exhibit A Section 17.10,020 Table 2-1 Uses Allowed by Zone
D - Exhibit B San Luis Obispo County Airport Land Use Plan Map
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