HomeMy WebLinkAboutItem 4a. Amendments to Title 16 (Subdivision Regulations) and Title 17 (Zoning Regulations) (CODE-0031-2025)
PLANNING COMMISSION AGENDA REPORT
SUBJECT: (CODE-0031-2025) REVIEW OF PROPOSED AMENDMENTS TO TITLE 16
(SUBDIVISION REGULATIONS) AND TITLE 17 (ZONING REGULATIONS) OF THE
CITY’S MUNICIPAL CODE.
BY: Ethan Estrada, Assistant Planner FROM: Tyler Corey, Deputy Director
David Amini, Housing Coordinator Phone Number: (805) 781-7169
Phone Number: (805) 781-7576 Email: tcorey@slocity.org
Email: ejestrad@slocity.org
RECOMMENDATION
Adopt the Draft Resolution, which recommends that the City Council introduce and adopt
an Ordinance amending Title 16 (Subdivision Regulations) and Title 17 (Zoning
Regulations) of the City’s Municipal Code regarding accessory dwelling units, junior
accessory dwelling units, urban lot splits, and clarifications to regulations for affordable
housing projects.
1.0 COMMISSION'S PURVIEW
The recommended amendments are being brought before the Planning Commission to
provide Commissioners with an opportunity to evaluate the proposed code amendments
and make a recommendation to the City Council. Draft Title 16 and Title 17 amendments
are included in Attachments 1 and 2. Formatting of the amendments include strikethrough
on text proposed to be deleted, and new text is underlined, so that changes are clear to
the public and the Commissioners.
2.0 SUMMARY
In 2024 and at the beginning of 2025, numerous bills implementing changes to state law
surrounding accessory dwelling units (ADUs), junior accessory dwelling units (JADUs),
and urban lot splits have gone into effect, with the intention of streamlining and
incentivizing housing production statewide. The core of this update to the City’s Municipal
Code is to incorporate the provisions of this new legislation as required by state law.
In September 2024, along with numerous other cities in the state, the Community
Development Department (CDD) received a letter from the California Department of
Housing and Community Development (HCD) that outlined various inconsistencies
between the City’s ADU ordinance and state law, specifically new laws regarding ADUs.
HCD is requiring that the City either revise and amend the Zoning Regulations to correct
these inconsistencies or provide how the Zoning Regulations are already consistent with
state law. CDD provided a response to HCD outlining what amendments will be made for
consistency and what items are already consistent (Attachment D).
Meeting Date: 2/12/2025
Item Number: 4a
Time Estimate: 60 minutes
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In 2024, the City received a Prohousing designation from HCD, which recognizes cities
that implement local policies to remove barriers to new housing. This designation allows
for the City to receive priority processing and additional points when applying f or state
funding programs. Staff continues to reevaluate the Zoning Regulations and our
development review processes to identify any possible barriers to be addressed in an
update like this one.
In conjunction with efforts to bring the City’s Municipal Co de into compliance with state
law, staff has continued to evaluate the efficacy of existing policies and procedures
instituted through said code. Based on HCD correspondence and community feedback,
this update contains several miscellaneous amendments to t he Zoning Regulations that
streamline the review process for certain ADU and JADU conversions and clarifies use
regulations for affordable housing projects. This update also contains an amendment to
the Subdivision Regulations to strengthen and clarify language for car share vehicles and
services.
3.0 NEW STATE LEGISLATION
Provided below is a brief overview of state legislation that went into effect in 2024 or at
the beginning of 2025 that this update specifically addresses and integrates into the City’s
Municipal Code. The provisions introduced or altered by this legislation require
amendments to Chapters 16.15 and 17.86 of the City’s Municipal Code. These specific
amendments can be viewed in Attachments B and C, respectively.
Senate Bill No. 477
Senate Bill No. 477 reorganized various state code provisions relating to the creation and
regulation of ADUs and JADUs, consolidating them into Chapter 13 of Division 1 of Title
7 of California’s Government Code (sections 66310 through 66342). This update would
correct references to the Government Code in the City’s Municipal Code by either
referencing state law generally or the specific Government Code Section number when
necessary.
Senate Bill No. 1211
Senate Bill No. 1211 introduced severa l changes to Government Codes 66313, 66314,
and 66323, which deal with state ADU law. This bill prohibits local agencies from requiring
the replacement of off-street parking spaces if an uncovered parking space is demolished
in conjunction with the construction of, or conversion to, an ADU. It also prohibits local
agencies from imposing any objective development or design standard not authorized by
the provisions listed in state ADU law and provides a definition for the phrase “livable
space” as being “a space in a dwelling intended for human habitation, including living,
sleeping, eating, cooking, or sanitation.” Lastly, this bill allows up to eight detached ADUs
to be developed on a lot with an existing multi -family dwelling, provided that the number
of ADUs does not exceed the number of existing units on the lot.
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Senate Bill No. 450
Senate Bill No. 450 introduced several changes to Government Codes 65852.21 and
66411.7, which deal with urban lot splits and resultant residential development. This bill
removes a local agency’s ability to deny a proposed housing development associated
with an urban lot split on the basis that it would have a specific, adverse impact on the
physical environment. This bill also specifies that a local agency must consider and
approve or deny a proposed housing development project associated with an urban lot
split within 60 days of receiving a complete application. If the local agency denies the
application, they are required to provide a list of items that are defective or deficient and
a description of how they can be resolved by the applicant.
Senate Bill No. 684
Senate Bill No. 684, now existing under Government Codes 65852.28, 65913.4.5, and
66499.41, allows the subdivision of a multi-family zoned lot less than 5-acres in size into
10 or fewer lots at a minimum lot size of 600 square feet for the subsequent development
of 10 or fewer residential units. The number of lots and the number of residential units are
not mutually exclusive. For example, a property may be subdivided into four lots while still
being allowed to develop up to 10 residential units. The provisions introduced under this
bill are discussed in more detail below. Subdivisions under Government Code 66499.41
are referred to in this update as “major urban lot splits.”
Senate Bill No. 1123
Effective July 1, 2025, Senate Bill No. 1123 will implement several changes to the
provisions introduced under Senate Bill No. 684. This bill expands the types of lots eligible
for major urban lot splits and adds new requirements and allowances for these
developments
4.0 ACCESSORY DWELLING UNITS
Letter from California’s Department of Housing and Community Development
In 2024, the City’s Community Development Department (CDD) received a letter from
California’s Department of Housing and Community Development (HCD)1 outlining
inconsistencies between the City’s Municipal Code and California’s Government Code
regarding accessory dwelling units (ADU). CDD provided a response to the 13 items
identified by HCD that described how we plan to amend the Municipal Code or how the
code is already in compliance with state law. Both HCD’s letter and CDD’s response can
be reviewed in Attachment D. Below is a brief overview of the items identified by HCD
that will require amendments to Chapter 17.86 of the City’s Municipal Code. These
specific amendments can be viewed in Attachment C.
1HCD has statutory authority to review local agencies’ ADU ordinances and to enforce State ADU Laws
(see Govt. Code §65585.)
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Statutory Numbering: Senate Bill 477 restructured and relocated state ADU code to
Chapter 13, of Division 1, of Title 7, of the Government Code. This means that existing
references to state code pertaining to ADUs are now outdated. This update contains
numerous changes to statutory references throughout the City’s Municipal Code.
Zones: The City’s existing Zoning Regulations permit ADUs in the following zones: AG,
C/OS, R-1, R-2, R-3, R-4, and O. HCD claimed that this list is not inclusive of all zones
that would allow ADUs as described under Government Code 66314, which states that
ADUs are to be allowed in a lot zoned for single-family or multi-family dwellings and has
a proposed or existing dwelling. This update would amend the Zoning Regulations to
include the C-N, C-C, C-R, C-D, C-T, C-S, and M zones in this existing list of zones where
ADUs are permitted. (Attachment C – 17.86.020(B)(3))
Mixed Use: The City’s existing Zoning Regulations state that structures containing both
commercial and residential uses are not considered residential structures, prohibiting the
development of ADUs on such properties. Government Code 66323 states that ADUs
described under that section are to be permitted in residential or mixed-use zones with
proposed or existing single-family or multi-family dwellings. Additionally, Government
Code 66314 permits ADUs on any lot zoned to allow residential use with a proposed or
existing dwelling. This update would remove this description of mixed-use structures from
the Zoning Regulations. (Attachment C – 17.86.020(B)(3))
Max Sizes: The City’s existing Zoning Regulations specify gross floor area limits as
allowed by the Government Code. However, these regulations do not account for ADUs
that qualify under Government Code 66323, which prohibits local agencies from imposing
specific gross floor area limitations on certain ADU configurations described under said
section. This update would add language referencing section 66323 to the Zoning
Regulations pertaining to gross floor area limits. (Attachment C – 17.86.020(B)(3))
ADU Allowance: The City’s existing Zoning Regulations state that only one ADU is
permitted per lot. They also state that the provisions of Government Code 65852.2(e) (now
66323) cannot be combined with other ADU provisions outlined in the City’s Municipal
Code. This conflicts with Government Code 66323 that states “a local agency must
ministerially approve an application for a building permit… to create any of the following:
(1) One accessory dwelling unit and one junior…” The use of the word “any,” followed by
an enumeration of by-right ADU types permitted, implies that any of the said types can be
combined. This permits a property zoned for a single-family residence, that meets
specified requirements, to create one converted ADU, one detached, new construction
ADU, and one JADU via Government Code 66323. This update would remove language
from the Zoning Regulations that limit the number of ADUs permitted on a residential
property. (Attachment C – 17.86.020(B)(3))
Sprinklers: The City’s existing Zoning Regulations state that fire sprinklers are not
required in an ADU if fire sprinklers are not required in the existing primary residence.
Government Code 66314 supports this, but also stipulates that the construction of an ADU
will not trigger a requirement for fire sprinklers to be installed in the existing primary
residence. This update would add this additional fire sprinkler language to the Zoning
Regulations (Attachment C - 17.86.020(B)(3)).
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Denial Requirements: Government Code 66317 outlines the required timeline for a local
agency to review and provide a decision on an ADU application, as well as guidelines for
a local agency to follow in the event of application denial. These guidelines require a local
agency to provide a full set of comments to the applicant with a list of items that a re
defective or deficient and a description of how those items can be resolved. The City’s
existing Zoning Regulations include language for the required timeline but does not
address application denials. This update would add this language. (Attachment C –
17.86.020(B)(4))
JADUs on Multiple Single-Family Lots: The City’s existing Zoning Regulations state that
a junior accessory dwelling unit (JADU) may be located on a lot that contains one existing
or proposed single-family structure. Government Code 66333 states “one [JADU] per
residential lot zoned for single-family residences with a single-family residence built, or
proposed to be built, on the lot.” The use of “a” implies that one JADU may be allowed on
a lot that contains more than one single-family structure, which the Zoning Regulations
restricts. This update would change the Zoning Regulations to address this discrepancy.
(Attachment C – 17.86.020(C)(2))
JADUs, Sanitation, and Interior Entry: The City’s existing Zoning Regulations state that
an interior connection to the residence that a JADU exists within may be maintained or
removed. Government Code 66333 specifies that JADUs that do not contain a separate
bathroom must maintain an interior entrance to the main residence in addition to the
required separate exterior entrance. This update would add this language to the Zoning
Regulations. (Attachment C – 17.86.020(C)(3))
Short Term Rental: HCD asserted that because Government Code 66333 does not
provide language for rental term limits for JADUs, the City’s Zoning Regulations are
inconsistent with state law on the matter. The City responded to HCD, stating its intent to
preserve this element of the City’s Municipal Code to ensure housing affordability as well
as consistency with other elements of the code regarding ADUs. The City further
expressed that ADUs and JADUs represent a significant portion of the City’s new housing
stock, and amending the code as suggested by HCD would reduce a considerable portion
of available housing in favor of short-term rental income for investors. Government Code
66333 does not expressly prohibit the City from imposing minimum rental terms for
JADUs, and the City believes its interpretation is consistent with state law and furthers the
state law’s purpose of housing production.
Additional Amendments
In addition to the changes described above, staff p roposes several miscellaneous
amendments related to ADUs. These changes were identified as possible barriers to
housing development or possible inconsistencies with state law that were not identified
by HCD. These proposed amendments are as follows:
ADU Design: The Zoning Regulations require that new ADUs match the primary
residence in style, form, and materials. As state law continues to implement
objective design standards regarding ADUs, these specific requirements are
subjective in nature, challenging to implement, and do not always result in the best
building design. This update would remove this language from the Zoning
Regulations. (Attachment C – 17.86.020(B)(3))
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Separate Conveyance: The Zoning Regulations currently restrict the conveyance
and sale of ADUs separate from the primary residence, which is inconsistent with
state ADU law. This update would add references to state ADU law to account for
instances in which ADUs can be separately conveyed and sold in the Zoning
Regulations. (Attachment C – 17.86.020(B)(2))
5.0 URBAN LOT SPLITS
Originally introduced under Senate Bill No. 9, now referenced under California
Government Code Sections 65852.21 and 66411.7, urban lot splits allow for the
subdivision and subsequent development of a single-family residential lot (zoned R-1)
into two lots of relatively equal size, each entitled to a maximum of two residential units.
Sections 65852.21 and 66411.7 also provide a streamlined subdivision and development
review process prohibiting discretionary review. The City created Chapter 16.15 (Urban
Lot Splits) under Title 16 (Subdivision Regulations) of its Municipal Code to implement
these provisions as required by state law. In 2024, the state legislature passed Senate
Bill No. 450 (Section 3.0 New State Legislation), altering the provisions of these sections.
This update would incorporate the changes presented in said legislation , which can be
viewed in Attachment B.
Urban lot splits, as they are described in the City’s Municipal Code, are relegated to R-1
zoned properties. In 2024, the state legislature passed Senate Bill No. 684 (Section 3.0
New State Legislation), now referenced under California Government Code Sections
65852.28, 65913.4.5, and 66499.41, creating a similar subdivision and devel opment
system for multi-family zoned properties. In addition to SB 684, the state legislature
passed Senate Bill No. 1123 (Section 3.0 New State Legislation), which altered some of
the provisions introduced by the former. Staff’s approach to integrating the provisions of
SB 684 and 1123 into the City’s Municipal Code involves substantial changes to Chapter
16.15 of the Subdivision Regulations. These specific amendments can be viewed in
Attachment B.
The number of similarities between these two types of urban lot splits provides the
opportunity to expand upon an existing section in the City’s Municipal Code. However,
there are enough differences to necessitate a means to reference both types
independently of one another. Therefore, staff has proposed to refe r to urban lot splits
under California Government Code Sections 65852.21 and 66411.7 (S B 9) as minor
urban lot splits, and those under Sections 65852.28, 65913.4.5, and 66499.41 (SB 684 &
SB 1123) as major urban lot splits.
Major Urban Lot Splits
Below is a review of major urban lot splits, including various qualifying requirements,
standards, and regulations that apply as required by state law:
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Permitted Locations: Major urban lot splits are allowed in the R-1 (must be vacant and
no larger than one and one-half acre), R-2, R-3, and R-4 zones where the property is
substantially surrounded by urban uses and all qualifying requirements can be met.
(Attachment B – 16.15.005)
Adverse Impacts: The Community Development Director may deem an application
noncompliant upon written findings that the proposed housing development project
associated with a major urban lot split would have a specific, adverse impact on public
health and safety. (Attachment B – 16.15.010)
Procedural Requirements: The City is required to approve or deny major urban lot split
applications ministerially within 60 days of receiving a complete application. If an
application is denied, the City is required to provide a full set of comments and a list of
items that are defective or deficient with a description of how said items can be resolved.
(Attachment B – 16.15.010)
Maximum Number of Dwellings: The resulting lots of a major urban lot split must contain
at least one residential unit, with the entirety of the property to be subdivided limited to a
maximum of 10 residential units. (Attachment B – 16.15.020)
Hazardous and Protected Areas: A major urban lot split cannot be located on a site
identified in subparagraphs (A) to (J), inclusive, of paragraph (9) of subdivision (a) of
California Government Code Section 66499.41, unless the development satisfies the
requirements specified therein. (Attachment B – 16.15.020)
Demolition or Alteration of Housing: A major urban lot split cannot result in the
demolition or alteration of the type of housing identified in paragraph (8), inclusive, of
subdivision (a) of California Government Code 66499.41. This includes housing subject
to a recorded covenant, ordinance, or law restricting rent to levels affordable to persons
and families of low-, very low-, and extremely low-income, and more. (Attachment B –
16.15.020)
Subsequent Urban Lot Splits: A major urban lot split cannot be conducted on a lot that
was established through a prior urban lot split. (Attachment B – 16.15.020)
Subdivision Map Act: Major urban lot splits must conform to all applicable objective
requirements of the Subdivision Map Act, except as otherwise provided in Chapter 16.15
of the City’s Municipal Code. (Attachment B – 16.15.020)
Lot Requirements and Limits: A major urban lot split may not result in more than 10 lots,
with each lot being no smaller than 600 square feet. If the property subject to a major
urban lot split is zoned for single-family use, each lot shall be no smaller than 1,200 square
feet. Additionally, the average total area of floorspace for the proposed dwelling units
associated with a major urban lot space cannot exceed 1,750 square feet. (Attachment B
– 16.15.020)
Rental Term: The rental of any residential unit created via a major urban lot split must be
for terms longer than 30 days. (Attachment B – 16.15.020)
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Housing Unit Specifications: Residential units on lots created by a major urban lot split
must be either constructed on fee simple ownership lots, part of a common interest
development, part of a housing cooperative, constructed on land owned by a community
land trust, or part of a tenancy in common. (Attachment B – 16.15.020)
Housing Element: If a parcel to be subject to a major urban lot split is identified in the
City’s Housing Element, the associated housing development project must result in at
least as many units as projected for that parcel. Additionally, if the parcel is identified as
contributing to a portion of the City’s share of the regional housing need for low- or very
low-income households, the housing development project must result in as many
affordable units as projected and be subject to a recorded affordability restriction of at
least 45 years. If the parcel is not identified in the City’s Housing Element, the associated
housing development project must result in at least 66% of the maximum allowable
residential density or 66% of the applicable residential density specified in subparagraph
(B) of paragraph (3) of subdivision (c) of California Government Code Section 65583.2,
whichever is greater. (Attachment B – 16.15.020)
Water and Sewer Requirement: Lots created through a major urban lot split must be
served by a public water system and municipal sewer system. (Attachment B – 16.15.020)
Separately Alienable: A major urban lot split shall not result in any existing dwelling unit
being alienable separate from the title to any other existing dwelling unit on the lot.
(Attachment B – 16.15.020)
Floor Area Ratio: A housing development project associated with a major urban lot split
is subject to a floor area ratio standard not less than 1.0 for developments consisting of 3
to 7 units, inclusive, and a floor area ratio not less than 1.25 for projects consisting of 8 to
10 units, inclusive. (Attachment B – 16.15.020)
Update to Minor Urban Lot Splits
The existing provisions of Chapter 16.15 of the City’s Municipal Code are still applicable
to minor urban lot splits. However, with the passing of SB 450, several changes were
implemented to Government Code Sections 65852.21 and 66411.7 that will require the
following changes:
Impacts to the Physical Environment: Local agencies may no longer deny housing
development projects associated with urban lot splits on the basis that the project would
have a specific, adverse impact upon the physical environment. (Attachment B –
16.15.020)
Procedural Requirements: Local agencies are required to approve or deny an urban lot
split ministerially within 60 days of receiving a complete application, and upon denial, must
provide the applicant with a list of defective or deficient items with a description of how
they can be resolved. (Attachment B – 16.15.020)
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6.0 MISCELLANEOUS CHANGES
Car Share Vehicles
Under 16.15.025 of the City’s Municipal Code, housing developments associated with
urban lot splits are required to provide one parking space per residential unit. This parking
requirement is waived if the property is located within one -half mile walking distance of
either a high-quality transit corridor as defined in subdivision (b) of Section 21155 of the
Public Resources Code, or a major transit stop as defined in Section 21064.3 of the Public
Resources Code. Parking is also waived if the property can show that a car share vehicle
is located within one block of the subject parcel. The property would then be required to
enter into an agreement with the City to ensure that a car share vehicle will remain
available in perpetuity until off -street parking is provided or development of a high-quality
transit corridor or a major transit stop within one-half mile of the subject parcel occurs.
Currently, the City of San Luis Obispo does not contain a high -quality transit corridor, nor
a major transit stop. To be exempt from parking, property owners have utilized the car
share vehicle exemption. However, staff has found that existing guidelines for car share
vehicles are lacking in detail, allowing this exemption to be used in a manner inconsistent
with its purpose. Following a review of surrounding jurisdictions, staff is proposing the
following definition to be added to Chapter 16.26 of the City’s Municipal Code:
“Car share vehicle” means a motor vehicle that is operated as part of a regional
fleet by a public agency or private car sharing company or organization that
possesses a valid business license with the City of San Luis Obispo and
provide hourly or daily services. Car share vehicles shall be stored on parking
spaces dedicated to car share vehicles in between each use. Execution of a
contract between the public agency or private car sharing company or
organization and the client, and retrieval of the car share vehicle’s keys, shall
take place at the location of the car share vehicle.
This new definition will add clarity to the existing car share vehicle exemption and ensure
that this alternative will offset the impacts of on-street vehicle parking to the same extent
as off-street parking and proximity to major transit as contemplated by state law.
(Attachment B – 16.26.065)
Streamlining of ADU Conversions
As state law continues to provide more avenues for the development of ADUs and JADUs,
staff has seen an increase in the variety of designs being submitted for review. One such
design that was brought to the attention of staff is the preemptive conversion of newly
constructed or altered space in an existing residential structure that would be eligible for
conversion to an ADU or JADU if already existing.
One example is the expansion of an existing residen ce (whether a primary residence or
detached ADU) that includes the construction of a new garage. Under state law and the
City’s municipal code, the new garage would be eligible for conversion to an ADU or
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JADU when it officially becomes existing space. However, this means that under the
current process, the applicant would need to receive approval for this addition and
construct the space to the required building standards for a garage. Then, they would
need to submit a second application for the ADU or JADU conversion, and upon approval,
demolish and/or alter portions of the newly constructed garage into the approved ADU or
JADU. Comments received by the development community on this issue state that this
places an unnecessary burden on the applicant/property owner and is generally wasteful.
To streamline this process, staff is proposing the following provision to be added as
17.86.020(B)(4)(c) (Attachment C):
Building permit applications involving the construction of new space or the
alteration of existing space within an existing residential structure may be
designed in such a manner as to facilitate the conversion to an accessory
dwelling unit or junior accessory dwelling unit. Said new construction or
alterations to the existing structure(s) shall be consistent with the City’s
objective design standards and any applicable zoning regulations. An
accessory dwelling unit or junior accessory dwelling unit created through such
a building permit application cannot be combined with the provisions of
California Government Code Section 66323.
Supportive/Transitional Housing Clarification
In recent months, CDD has received feedback from some of the City’s affordable housing
partners that the standards outlined in the Zoning Regulations restrict the development
of potential projects that could provide supportive and/or transitional housing. With the
production of such housing being a priority for the City, and to be consisten t with efforts
to reduce barriers to affordable housing development, staff is proposing the following note
to be added to the Supportive and/or Transitional Housing, with On- or Off-Site Services
land use category of Table 2-1 of Chapter 17.10 (Attachment C):
Projects that contain supportive and/or transitional housing located within a
commercial zone are not required to be a mixed -use development and may be
100% residential except for those projects located in the C -D zone or
Downtown Core. This includes projects that combine below market rate
housing and supportive and/or transitional housing units.
7.0 GENERAL PLAN CONSISTENCY
The proposed amendments to both Title 17 (Zoning Regulations) and Title 16
(Subdivisions) are consistent with the City’s Housing Element, specifically in promoting
Goals 5 (Housing Variety) and 6 (Housing Production). The state’s intention in
implementing the legislation discussed in this report is to promote and develop a diverse
housing market that includes an increase in “missing middle” housing types (e.g., duplex,
triplex, quadplex, cottages, etc.). These revisions to state ADU law allows for increased
residential infill development that contributes to the City’s 6 th cycle RHNA production
targets. This legislation also seeks to remove barriers to housing development by limiting
the use of discretionary review for housing-related projects and allowing for smaller
subdivisions to promote more efficient land use.
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8.0 ENVIRONMENTAL REVIEW
The proposed code amendments have been assessed in accordance with the authority
and criteria contained in the California Environmental Quality Act (CEQA) and the State
CEQA Guidelines. Specifically, the proposed amendments have been determined to be
exempt from further environmental revie w pursuant to CEQA Guidelines Section
15061(b)(3), the “Common Sense” exemption, because the activity is covered by the
general rule that CEQA applies only to projects which have the potential for causing a
significant effect on the environment, and it can be seen with certainty that there is no
possibility that the activity in question may have a significant effect on the environment.
The proposed code amendments pertaining to ADUs and JADUs are also exempt under
Public Resources Code Section 21080.17 that applies to local ordinances implementing
state law related to accessory dwelling units.
9.0 ALTERNATIVES
1. The Commission may modify the proposed amendments to Chapters 16.15, 16.17,
and 16.26 of the Subdivision Regulations and 17.10, 17.69, and 17.86 of the
Zoning Regulations, so long as they are consistent with state law.
2. The Commission may continue action if additional information is needed. Specific
direction should be given to staff if continued.
8.0 ATTACHMENTS
A - Draft Planning Commission Resolution
B - Revised Title 16 Text (Subdivision Regulations – Legislative Draft)
C - Revised Title 17 Text (Zoning Regulations - Legislative Draft)
D - HCD Correspondence
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RESOLUTION NO. PC-XXXX-25
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
SAN LUIS OBISPO RECOMMENDING THE CITY COUNCIL INTRODUCE
AND ADOPT AN ORDINANCE AMENDING TITLE 16 (SUBDIVISION
REGULATIONS) AND TITLE 17 (ZONING REGULATIONS) OF THE
MUNICIPAL CODE WITH CHANGES ADDRESSING STATE
LEGISLATIVE UPDATES ON ACCESSORY AND JUNIOR ACCESSORY
DWELLING UNITS AND URBAN LOT SPLITS, AND CLARIFICATIONS
TO REGULATIONS FOR AFFORDABLE HOUSING PROJECTS, WITH
AN EXEMPTION FROM ENVIRONMENTAL REVIEW (CEQA) AS
REPRESENTED IN THE STAFF REPORT AND ATTACHMENTS DATED
FEBRUARY 12, 2025 (CODE-0031-2025)
WHEREAS, on October 11, 2023, Governor Newsom approved SB 684 to allow
the development of ten or fewer residential lots on urban lots no larger than five acres;
and
WHEREAS, on March 25, 2024, Governor Newsom approved SB 477 to
reorganize various provisions relating to the creation and regulation of accessory and
junior accessory dwelling units; and
WHEREAS, on September 19, 2024, Governor Newsom approved SB 1211 to
further encourage development of accessory dwelling units, SB 450 to update the
regulatory powers a local agency can exercise on urban lot splits subject to Government
Code Section 65852.21 and 66411.7, and SB 1123 to expand upon the provisions
introduced in SB 684; and
WHEREAS, the City of San Luis Obispo desires to update Title 16 (Subdivision
Regulations) and Title 17 (Zoning Regulations) so that they may be consistent with
current state law; and
WHEREAS, a number of minor changes have been identified in order to add
clarification to or streamline the development review processes to more efficient ly
implement policies and programs of the City of San Luis Obispo’s General Plan that are
implemented through Title 16 (Subdivision Regulations) and Title 17 (Zoning
Regulations); 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 February 12, 2025, for the purpose of recommending various amendments
to Title 16 and Title 17 of the Municipal Code to ensure consistency with state law and
improve the efficiency of development review processes; and
WHEREAS, notice of said public hearing were made at the time and in the manner
required by the law; and
Page 21 of 64
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. Based upon all evidence, the Planning Commission makes
the following findings:
1. The proposed amendments to Titles 16 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 consistent with the 6th Cycle Housing
Element in promoting Goal 5 (Housing Variety) and Goal 6 (Housing
Production).
3. The proposed amendments to Title 16 and 17 are consistent with state law.
SECTION 2. Environmental Determination. The proposed amendments to Title 16
and Title 17 of the Municipal Code have been assessed in accordance with the authority
and criteria contained in the California Environmental Quality Act (CEQA) and the state
CEQA guidelines. 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 have no
possibility of having a significant effect on the environment. The proposed code
amendments pertaining to ADUs and JADUs are also statutorily exempt under Public
Resources Code Section 21080.17 (exemption for local ordinances implementing state
law related to accessory dwelling units.)
Page 22 of 64
SECTION 3. Action. The Planning Commission hereby recommends to the City
Council the introduction and adoption of an ordinance to amend Title 16 (Subdivision
Regulations) and Title 17 (Zoning Regulations) of the City’s Municipal Code regarding
accessory dwelling units, junior accessory dwelling units, urban lot splits, and
clarifications to regulations for affordable housing projects , as set forth in Exhibit A and
incorporated herein.
Upon motion of ______________________, seconded by __________________ and
on the following roll call vote:
AYES:
NOES:
ABSENT:
The foregoing resolution was passed and adopted this 12th day of February, 2025.
_____________________________
Tyler Corey, Secretary
Planning Commission
Page 23 of 64
Page 24 of 64
Attachment B
TITLE 16 SUBDIVISIONS
16.15.005 Purpose and applicability.
The purpose of this chapter is to appropriately regulate qualifying “urban lot splits” within
qualifying locations in low-density residential (R-1) zones in accordance with California
Government Code Sections 66411.7. state law.
For the purposes of this chapter, urban lot splits subject to California Government Code
Sections 65852.21 and 66411.7 (and other comparable provisions which may hereafter
be added by the legislature) shall be referred to as “minor urban lot splits.” Urban lot
splits subject to California Government Code Sections 65852.28, 65913.4.5, and
66499.41 (and other comparable provisions which may hereafter be added by the
legislature) shall be referred to as “major urban lot splits.” The use of the phrase “urban
lot split” on its own is in reference to both major and minor urban lot splits .
A. Applicability. The standards and limitations set forth in this chapter shall apply to
minor urban lot splits under California Senate Bill 9 of 2021 (“SB 9”) within the R-1 zone
residential zones in the city, and major urban lot splits within the R-1 (vacant lots only;
no larger than one and one-half acre), R-2, R-3, and R-4 zones, notwithstanding any
other conflicting provisions of this code. In the event of a conflict between the provisions
of this chapter and any other provision of this code, the provisions of this chapter shall
prevail.
B. Interpretation. The provisions of this chapter shall be interpreted to be consistent
with the provisions of California Government Code Section Sections 66411.7 and
66499.41, and shall be applied in a manner consistent with state law. The city shall not
apply any requirement or development standard provided for in this chapter to the
extent prohibited by any provision of state law.
C. Permitted Locations. A lot on which an urban lot split is proposed must be located
within and R-1 zone and meet all qualifying requirements of Section 16.15.020. A lot
subject to a minor urban lot split must be located within an R-1 zone and meet all
qualifying requirements of Section 16.15.020. A lot subject to a major urban lot split
must be located within an R-1 (vacant lot only; no larger than one and one-half acre), R-
2, R-3, or R-4 zone that is no larger than five acres, substantially surrounded by urban
uses, and meet all qualifying requirements of Section 16.15.022. (Ord. 1729 § 4 (Exh.
A), 2023)
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Attachment B
16.15.010 Permit application and review procedures.
A. Application. An Per state law, an applicant for an SB 9 urban lot split shall submit all
required items from the tentative map application on file at the community development
department. The application shall be accepted if it is completed as prescribed a nd
accompanied by payment for all applicable fees. In addition to all required submittal
checklist items for a tentative map, sufficient information shall be provided in the
application to demonstrate, through objective review, the following: (1) the lots will
accommodate development that complies with development standards and city codes,
(2) information is provided to justify any proposed exceptions to objective standards, (3)
sufficient access to the public right-of-way is provided or preserved, (4) the lots
accommodate needed easements, infrastructure, and emergency access, and (5) any
information deemed necessary by the director for objective review as needed evidence
that the proposal will not result in any specific adverse impacts.
B. Review. Consistent with state law, the director will review and determine
compliance of a complete application for an SB 9 urban lot split pursuant to this Chapter
ministerially, without discretionary review or public hearing.
C. Effectiveness of Approval. The ministerial approval of a final parcel map for an
urban lot split does not take effect until the city has confirmed that all required
documents have been recorded at the county clerk-recorder.
D. Specific, Adverse Impacts. Notwithstanding anything else in this section, the
director shall deem an application for a tentative parcel map an urban lot split
noncompliant upon written findings, based on a preponderance of the evidence, that the
project proposed housing development project would have a specific, adverse impact,
as defined and determined in paragraph (2) of subdivision (d) of California Government
Code Section 65589.5, on either public health and safety or on the physical
environment and for which there is no feasible method to satisfactorily mitigate or avoid
the specific adverse impact. (Ord. 1729 § 4 (Exh. A), 2023)
E. Procedural Requirements. Within sixty days of receiving a complete application for
an urban lot split, the city shall ministerially approve any such application which
complies with all applicable requirements and development standards identified in this
chapter. If the application does not comply with the listed requirements and standards
identified in this chapter, the applicant will receive a full set of comments with a list of
items that are defective or deficient and a description of how the application can be
Page 26 of 64
Attachment B
remedied by said applicant. These procedural requirements shall also apply to the
housing development project associated with the urban lot split.
16.15.020 Qualifying requirements
A proposed urban lot split Minor and major urban lot splits must meet all of the following
requirements, unless otherwise stated in this chapter, in order to be an eligible urban lot
split under their respective Government Code sections. Government Code Section
66411.7 (urban lot split) It shall be the responsibility of the applicant to demonstrate to
the satisfaction of the director that each of these requirements is satisfied. The applicant
and/or owner of the property shall provide a sworn statement, in a form approved by the
director, attesting to all facts necessary to establish that each requirement is met.
A. Maximum Number of Dwellings. An urban lot split shall not result in more than two
dwelling units of any kind on the resulting parcels. As described by Government Code
Section 66411.7(j), the two-unit limitation applies to any combination of primary dwelling
units, ADUs, or JADUs.
1. A minor urban lot split shall not result in more than two dwelling units of any kind
on the resulting parcels. As described by California Government Code Section
66411.7(j), the two-unit limitation applies to any combination of primary dwelling
units, ADUs, or JADUs.
2. A major urban lot split shall contain at least one dwelling unit on each resulting
parcel (see California Government Code Section 66499.41(e)). A maximum of ten
dwelling units may be developed on the parcel to be subdivided. As described by
Section 66499.41(g), the City may deny an application which proposes accessory
dwelling units and/or junior accessory dwelling units on the resulting parcel(s).
B. Hazardous and Protected Areas. The proposed lot split shall not be located on any
site identified in subparagraphs (B) to (K), inclusive, of paragraph (6) of subdivision (a)
of California Government Code Section 65913.4, unless the development satisfies the
requirements specified therein. Such sites include, but are not limited to, prime
farmland, wetlands, high or very high fire hazard severity zones, special flood hazard
areas, regulatory floodways, and lands identified for conservation or habitat
preservation as specifically defined in Government Code Section 65913.4.
Page 27 of 64
Attachment B
1. A minor urban lot split shall not be located on any site identified in
subparagraphs (B) to (K), inclusive, of paragraph (6) of subdivision (a) of California
Government Code Section 65913.4, unless the development satisfies the
requirements specified therein. Such sites include, but are not limited to, prime
farmland, wetlands, high or very high fire hazard severity zones, special flood
hazard areas, regulatory floodways, and lands identified for conserv ation or habitat
preservation as specifically defined in Government Code Section 65913.4.
2. A major urban lot split shall not be located on any site identified in
subparagraphs (A) to (J), inclusive, of paragraph (9) of subdivision (a) of California
government Code Section 66499.41, unless the development satisfies the
requirements specified therein. Such sites include, but are not limited to, prime
farmland, wetlands, very high fire hazard severity zones, special flood hazard areas,
regulatory floodways, and lands identified for conservation or habitat preservation.
C. Historic Properties. The proposed A minor urban lot split shall not be located within
a historic district or on property included on the State Historic Resources Inventory, as
defined in Section 5020.1 of the California Public Resources Code, or within a site that
is designated or listed as a historic resource pursuant to the city’s historic preservation
ordinance.
D. Affordable Housing. Demolition or Alteration of Housing. The proposed A minor
urban lot split shall not require the demolition or alteration of the types of housing that is
subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable
to persons and families of moderate, low, or very low income. identified in subparagraph
(D), inclusive, of paragraph (3) of subdivision (a) of California Government Code
Section 66411.7. A major urban lot split shall not require the demolition or alteration of
the types of housing identified in paragraph (8), inclusive, of subdivision (a) of California
Government Code Section 66499.41.
E. Subsequent Urban Lot Splits. In the case of an urban lot split, the lot proposed to be
subdivided shall not have been established through a prior urban lot split.
F. Adjacent Urban Lot Splits. In the case of an a minor urban lot split, the lot proposed
to be subdivided (“subject lot”) shall not be adjacent to any lot that was established
through an a minor urban lot split by the owner of the subject lot or by any person acting
in concert with the owner of the subject lot.
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Attachment B
G. Subdivision Map Act. An urban lot split must conform to all applicable objective
requirements of the Subdivision Map Act, including implementing requirements in this
code, except as otherwise provided in this chapter. Notwithstanding the foregoing, no
dedication of rights-of-way or construction of off-site improvements is required solely for
an a minor urban lot split.
H. Lot Size Lot Requirements and Limits. An urban lot split application may subdivide
an existing lot to create no more than two new lots of approximately equal lot area;
provided, that one lot shall not be smaller than forty percent of the lot area of the original
lot proposed for subdivision. Both newly created lots must each be no smaller than one
thousand two hundred square feet.
1. A minor urban lot split application may subdivide an existing lot to create no
more than two new lots of approximately equal lot area; provided, that one lot shall
not be smaller than forty percent of the lot area of the original lot proposed for
subdivision. Both newly created lots must each be no smaller than one thousand
two hundred square feet.
2. A major urban lot split may subdivide an existing lot to create no more than ten
new lots, with each lot being no smaller than six hundred square feet. If the property
subject to a major urban lot split is zoned for single-family use, each lot shall be no
smaller than one thousand two hundred square feet. The average total area of
floorspace for the proposed dwelling units to be located on lots created via a major
urban lot split shall not exceed one thousand seven hundred fifty net habitable
square feet, as defined by California Government Code Section 66499.41.
I. Easements. The owner must enter into an easement agreement with each
utility/public-service provider to establish necessary easements that are sufficient for the
provision of public services and facilities to each of the resulting lots.
1. Each easement must be shown on the tentative parcel map and the final parcel
map.
2. Copies of the unrecorded easement agreements must be submitted with the
application. The easement agreements must be recorded against the property
before the final parcel map may be approved.
J. Required Affidavit. The applicant for a final parcel map for an a minor urban lot split
must sign an affidavit provided by the city stating that the applicant intends to occupy
Page 29 of 64
Attachment B
one of the dwelling units on one of the resulting lots as the applicant’s principal
residence for a minimum of three years from the date of approval of the minor urban lot
split, or in the case of a vacant property a minimum of three years from the date of
issuance of occupancy certification of any new residential dwellings on either of the
resulting lots.
K. Rental Term. Rental of any unit created pursuant to this section shall be for a term
longer than thirty days. (Ord. 1729 § 4 (Exh. A), 2023)
L. Housing Unit Specifications. Housing units on a major urban lot split shall be one of
the housing unit types identified in paragraph (4), inclusive, of subdivision (a) of
California Government Code Section 66499.41.
M. Housing Element. The proposed housing development associated with a major
urban lot split shall meet one of the following, as applicable:
1. If the parcel is identified in the city’s Housing Element for the current planning
period, the housing development will result in at least as many units as projected for
that parcel. Additionally, if the parcel is identified to accommodate any portion of the
city’s share of the regional housing need for low- or very low-income households,
the development will result in at least as many low- or very low-income units as
projected in the housing element and shall be subject to a recorded affordability
restriction of at least 45 years.
2. If the parcel is not identified in the city’s Housing Element for the current
planning period, the development will result in at least sixty-six percent of the
maximum allowable residential density or sixty-six percent of the applicable
residential density specified in subparagraph (B) of paragraph (3) of subdivision (c)
of Section 65583.2, whichever is greater.
N. Water and Sewer Requirement. All parcels created through a major urban lot split
shall be served by a public water system and municipal sewer system.
O. Separately Alienable. A major urban lot split shall not result in any existing dwelling
unit being alienable separate from the title to any other existing dwelling unit on the lot.
P. Floor Area Ratio. For major urban lot splits, a floor area ratio standard not less than
1.0 shall apply for housing development projects consisting of three to seven units,
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Attachment B
inclusive, and a floor area ratio standard not less than 1.25 shall apply for housing
development projects consisting of eight to ten units, inclusive.
16.15.025 Property improvement standards.
A. Objective Standards. The design and improvements of any lot created through an
urban lot split shall be subject to the standards and criteria set forth in this section. In
addition, except as modified or provided by this section or state law, any lot created
through an urban lot split shall conform to all objective standards applicable to the lot as
set forth in this title and/or in an applicable specific plan or planned unit development
ordinance or resolution, along with all applicable objective standards and criteria
contained in standard plans and specifications, policies, codes, regulations, and/or
standard conditions duly promulgated and/or adopted by the city.
B. Lot Access. Each resulting lot must have frontage on the public right-of-way of at
least twenty feet or be served by an access easement serving no more than two lots.
Access shall be provided in compliance with these standards:
1. Vehicle access easements serving a maximum of two parcels shall meet the
following standards:
i. Easement width shall be a minimum of twenty feet and shall comply with
Engineering Standard 2120 for driveway ramp improvements and widths.
ii. The minimum length for a vehicle access easement is twenty feet. No
maximum easement length shall be set. If easement length is more than
seventy-five feet, a vehicle turnaround shall be provided.
iii. No residential structure shall be closer than three feet to the easement.
iv. Vehicle access easements shall not be located closer than twenty-five feet
to an intersection.
2. Where a lot does not abut a public street, and where no automobile parking
spaces are required under subsection D of this section, a vehicle access easement
is not required. An easement providing pedestrian access to a street from each lot
shall be provided meeting the following standards:
i. Easement width shall be a minimum of ten feet;
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Attachment B
ii. Pedestrian access easements shall not exceed two hundred feet in length.
3. Access and provisions for fire protection consistent with the California Fire Code
shall be provided for all structures served by an access easement.
4. Surfacing of easements, pedestrian walkways required within easements, and
turnaround dimensions shall meet the requirements of the California Fire Code and
the city’s engineering standards.
5. Lots taking access by an easement must record a shared maintenance
agreement for the driveway/accessway. The agreement shall be recorded prior to or
concurrently with the final parcel map.
C. Lot Line Configurations. The location of property lines associated with an urban lot
split application shall comply with all objective standards as identified in Section
16.18.040 (Location of lot lines), and as described below:
1. No Except as otherwise provided in state law, no portion of an urban lot split
may result in a lot width or depth of less than twenty feet for any portion of the
subdivision.
2. A lot line shall not bisect or be located within four feet of any existing or
proposed structure.
D. Parking Required. Off-street parking of up to one space per unit shall be provided
and comply with the city’s parking and driveway design and development standards
Section 17.72.090 except when:
1. The parcel is located within one-half mile walking distance of either a high-
quality transit corridor as defined in subdivision (b) of Section 21155 of the Public
Resources Code, or a major transit stop as defined in Section 21064.3 of the Public
Resources Code.
2. There is a car share vehicle, as defined in Section 16.26.061, located within one
block of the parcel. Owner shall enter into an agreement with the city to ensure that
a car share vehicle will remain within one block of the parcel in perpetuity, un less
and until owner provides off-street parking or development occurs such that
subsection (D)(1) of this section applies. (Ord. 1729 § 4 (Exh. A), 2023)
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Attachment B
16.15.030 Exceptions to objective standards.
A. All proposed lots and development proposed pursuant to this chapter shall comply
with all city zoning codes, and objective policies, and guidelines unless an exception is
granted. No exception shall be granted for any of the qualifying requirements as
outlined in Section 16.15.020. Any proposed exception to any relevant objective
standards, policies, guidelines, or codes shall not be granted unless the community
development director can affirmatively determine the application m eets all of the below
requirements. For the purpose of these requirements, existing improvements or
development is not considered a physical constraint.
B. The necessity to grant the exception(s) is based on site development feasibility
where there are no options for other design alternatives such as modifying the footprint,
moving lot lines, adding stories, or reducing floor area (to minimum eight hundred
square feet) and where the applicant has demonstrated it is physically not possible to
redesign the project to avoid the necessity of exceptions.
C. The For a minor urban lot split, the requested exceptions represent the minimum
deviation necessary to allow the construction of two units on each resulting parcel and
which would not require any of the units to be less than eight hundred square feet. For a
major urban lot split, the requested exceptions represent the minimum deviation
necessary to allow parcels that are no less than six hundred square feet in size, or
parcels that are no less than one thousand two hundred square feet in size when the
property is zoned R-1. (Ord. 1729 § 4 (Exh. A), 2023)
16.15.035 Separate conveyance.
A. Separate conveyance of the two lots resulting from an urban a minor urban lot split
is permitted. If dwellings or other structures (such as garages) on different lots are
adjacent or attached to each other, the minor urban lot split boundary may separate
them for conveyance purposes if the structures meet building code safety standards
and are sufficient to allow separate conveyance. If any attached structures span or will
span the new lot line, or if the two lots share a driveway, appropriate covenants,
easements or similar documentation allocating legal and financial rights and
responsibilities between the owners of the two lots (“CC&Rs”) for construction,
reconstruction, use, maintenance, and improvement of the attached structures and any
related shared drive aisles, parking areas, or other portions of the lot must be recorded
Page 33 of 64
Attachment B
before the city will approve a final parcel map for the minor urban lot split.
Notwithstanding the provision of such CC&Rs, however, where attached structures
and/or related shared facilities span a lot line resulting from an a minor urban lot split, all
owners of both lots shall be jointly and severally responsible for the use and
maintenance of such structures and/or shared facilities in compliance with all provisions
of this code.
1. Primary dwelling units located on the same lot may not be owned or conveyed
separately from one another. All fee interest in a lot and all dwellings must be held
equally and undivided by all individual owners of the lot.
2. Except as provided in Government Code Section 65852.26 state law, accessory
dwelling units (ADU) may not be sold or otherwise conveyed separate from the
primary residence.
3. Junior accessory dwelling units (JADU) may not be sold or otherwise conveyed
separate from the primary residence.
B. A lot created by a final parcel map under this section shall not be further subdivided.
Condominium airspace division or common interest subdivisions are not permitted on a
lot created through an urban lot split. (Ord. 1729 § 4 (Exh. A), 2023)
16.17.020 Airspace subdivisions, common interest subdivisions, and flexible
lot design subdivisions.
A. Applicability and Intent. This section explains the review process and standards that
apply to subdivision types that differ from the lot area minimums and dimensions in
Section 16.18.030 (Table 2). This section covers projects (where allowed in subsection
B of this section) that propose ownership boundaries or separate unit ownershi p within
buildings or on parcels where property development standards such as lot coverage
and density are determined by using the exterior boundaries of the property and where
standards apply to the project as a whole instead of requiring conformance with all
property development standards on each of the proposed parcels/units in the
subdivision. These types of subdivisions can rely on shared ownerships as is the case
with subdivisions with common interests (i.e., condominiums) or may also rely solely or
Page 34 of 64
Attachment B
in part with easements for common areas such as recreation facilities, open space,
parking, driveways, etc. (i.e., flexible lot subdivisions, and airspace subdivisions).
B. Zones Allowed. This chapter applies to the subdivision types listed in Section
16.17.010 (defined in Chapter 16.26) and can be allowed in multifamily and
nonresidential zones with the exception of the AG and OS zones. In the R-1 zone, only
flexible lot subdivisions are allowed consistent with Section 16.17.030.
C. Application and Review Requirements. Subdivisions subject to this chapter shall be
consistent with development projects which have already received development review
approval or shall be processed concurrently with a separate development review
application. Subdivisions subject to this chapter shall not be approved without
development review approval pursuant to Section 17.106.030. Tentative parcel map or
tentative tract map application requirements are determined based on the number of
lots or units and criteria of Sections 16.08.040 and 16.08.050.
D. Property Development Standards. Property development standards (Chapter
17.70), including (but not limited to) density, setbacks, floor area ratios, and lot
coverage limitations, shall apply with respect to the exterior boundary lines (property
lines) of the proposed subdivision and not to individual units or lots within the project.
Interior setback standards for each newly created lot within the subdivision are dictated
by minimum separation requirements of the building and fire codes and standard
minimum setbacks of the zoning code are required at the exterior boundaries of the
project.
1. Lot Dimensions. Subdivisions subject to this section may be any size or shape
and shall not be subject to the minimum lot sizes, lot dimensions, and lot area
requirements as described in Section 16.18.030, Table 2 (Minimum Lot Area and
Dimensions).
2. Access and Driveways. Driveway and pedestrian access shall be provided by
direct access to the public right-of-way or may be served by an easement or be
within a separate lot that is commonly owned and managed by an association or
agreement, subject to the approval of the public works director.
3. Easements. Subdivisions subject to this section shall provide for use easements
or a commonly owned separate lot for any facilities such as driveways or open
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Attachment B
space and must provide for a method of common area maintenance by means of
association or agreement.
E. Separate Conveyance. Separate conveyance of the lots resulting from an airspace
or common interest subdivision is permitted. If dwellings or other structures (such as
garages) on different lots are adjacent or attached to each other, the subdivision
boundary may separate them for conveyance purposes if the structures meet building
code safety standards and are sufficient to allow separate conveyance. If any attached
structures span or will span the new lot line, or if the lots share a driveway, appropriate
covenants, easements or similar documentation allocat ing legal and financial rights and
responsibilities between the owners of the lots (“CC&Rs”) for construction,
reconstruction, use, maintenance, and improvement of the attached structures and any
related shared drive aisles, parking areas, or other portions of the lot must be recorded
before the city will approve a final map for the common interest subdivision.
Notwithstanding the provision of such CC&Rs, however, where attached structures
and/or related shared facilities span a lot line resulting from a common interest
subdivision, all owners of the lots shall be jointly and severally responsible for the use
and maintenance of such structures and/or shared facilities in compliance with all
provisions of this code.
1. Except as provided in Government Code Section 65852.26 state law, accessory
dwelling units may not be sold or otherwise conveyed separate from the primary
residence. (Ord. 1729 § 4 (Exh. A), 2023)
16.26.060 Average cross slope.
“Average cross slope” means the ratio, expressed as a percentage, of the difference in
elevation to the horizontal distance between two points on the perimeter of the area
whose slope is being determined, with the line along which the slope is being measured
running essentially perpendicular to the contours between the points. (Ord. 1729 § 4
(Exh. A), 2023)
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Attachment B
16.26.065 Car share vehicle.
“Car share vehicle” means a motor vehicle that is operated as part of a regional fleet by
a public agency or private car sharing company or organization that possesses a valid
business license with the city of San Luis Obispo and provides hourly or daily services.
Car share vehicles shall be stored on parking spaces dedicated to car share vehicles
when not in use by a client. Execution of a contract between the public agency or
private car sharing company or organization and the client, and retrieval of the car share
vehicle’s keys, shall take place at the location of the car share vehicle.
16.26.070 Common interest subdivision/condominium.
“Common interest subdivision” includes subdivided lands which include a separate
interest in real property combined with an interest in common with other owners. The
following types of common interest subdivisions are recognized by the city of San Luis
Obispo, consistent with the Davis Sterling Common Interest Development Act:
A. “Condominium project” consists of an undivided interest in common in a portion of
real property coupled with a separate interest in space called a unit, the boundaries of
which are described on a recorded final map, parcel map, or condominium plan in
sufficient detail to locate all boundaries thereof. The area within these boundaries may
be filled with air, earth, or water, or any combination thereof, and need not be physically
attached to land except by easements for access and, if necessary, support. Generally,
condominiums are recognized as airspace ownership.
Page 37 of 64
Page 38 of 64
Attachment C
TITLE 17 ZONING REGULATIONS
17.10.020 Use regulations by zone.
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 A A A A A A A Projects that contain
supportive and/or
transitional housing
located within a
commercial zone are
not required to be a
mixed-use
development and
may be 100%
residential except for
those projects
located in the C-D
zone or Downtown
Core. This includes
projects that
combine below
market rate housing
and supportive
and/or transitional
housing units.
Farmworker
Housing
A A
MIXED USES
Mixed-Use
Development
A A A A A A A A See Sec. 17.70.130
and GC Sec.
65852.24
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Attachment C
17.69.010 Purpose and application.
A. Purpose. This chapter is intended to provide objective standards for the design of
residential and mixed-use projects (herein referred to as “residential projects”) that are
eligible for ministerial approval to ensure compatibility with existing and planned
development on the site and adjacent and nearby properties while also supporting the
development of housing consistent with the city’s general plan.
B. Applicability. The provisions of this chapter apply to all residential projects, in all
zones, that qualify for streamlined, ministerial processing per Government Code Section
65913.4, or that are a “use by right” residential project. In addition, eligible residential
projects must comply with all objective city policies, thresholds of significance,
development standards, and design standards as established in, but not limited to, the
general plan, zoning regulations, city standard specifications and engineering
standards, active transportation plan, transportation impact study guidelines, climate
action plan, and the municipal code.
A “use by right” residential project is a residential project that includes at least twenty
percent of the units as affordable to lower income households (low, very low, and
extremely low) and does not require discretionary review or approval (ministerial review
only) and or residential projects that are otherwise deemed subject to ministerial
processing per state or local law.
Residential projects seeking exceptions, waivers, or modifications to any development
standards set forth in the city’s zoning regulations or the design standards set forth in
this chapter, excluding modifications granted as part of density bonus concession,
incentive, parking reduction, or waiver of development standards pursuant to state
density bonus law or the city’s density bonus regulations (Chapter 17.140), shall not be
eligible for ministerial and/or streamlined processing contemplated by this chapter, and
will be subject to the city’s discretionary development review process outlined in
Chapter 17.106.
Where these standards conflict with other state law or local code requirements
(including but not limited to California Building Code and the city’s standard
specifications and engineering standards) the more restrictive provision shall prevail.
(Ord. 1703 § 4, 2021)
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Attachment C
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 Chapter 13 of Division 1 of Title 7 of the
California Government Code, 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. Except as provided in state law, No 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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Attachment C
3. Specific Requirements and Standards.
a. Zones Where Allowed. An accessory dwelling unit, as defined in Chapter
17.156 (Land Use Definitions), can be created in the AG, C/OS, C-N, C-C, C-R,
C-D, C-T, C-S, M, 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 Except as provided in state law, the
gross floor area of an accessory dwelling unit shall be no less than one hundred
fifty square feet and shall not exceed eight hundred fifty square feet for a studio
or one-bedroom unit, or one thousand square feet for a unit containing two or
more bedrooms.
i. The director may authorize an exception to the square footage standards
to allow an accessory dwelling unit up to one thousand two hundred 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 twelve thousand 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. c. 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.
i. 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.
ii. 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.
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Attachment C
iii. A setback of no more than four feet from the side and rear lot lines is
required for an accessory dwelling unit, for walls up to sixteen feet in height.
iv. 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.
(a) 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 of this title (Zones, Allowable Uses and
Development and Design Standards).
v. Architectural style and form shall match the style and form of the primary
residential structure(s) on the property.
vi. The materials of the accessory dwelling unit shall match the materials of
the primary residential structure(s) on the property.
vii.v. The minimum required setback for any balcony or terrace above the
first floor shall be increased to ten 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 fifty
square feet. Roof decks or rooftop open spaces are prohibited.
viii.vi. Exceptions to these design standards can be approved by the
director, through director’s action, subject to required findings (Section
17.108.040).
e. d. Fire Sprinklers. Accessory dwelling units shall not be required to provide
fire sprinklers if fire sprinklers are not required for the primary residence. The
construction of an accessory dwelling unit shall not require fire sprinklers to be
installed in the existing primary dwelling.
f. e. Parking Requirements. No additional parking spaces shall be required for
an accessory dwelling unit. If a garage or carport is converted or removed to
accommodate an accessory dwelling unit, replacement parking is not required.
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Attachment C
g. f. Historic Resources. Accessory dwelling units on listed historic properties
and in historic districts shall be consistent with the historic preservation
ordinance, including historic preservation guidelines and Secretary of the
Interior standards for the treatment of historic properties.
h. g. 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 Section 13.08.396 (Wastewater flow offset).
i. h. Additional Accessory Dwelling Unit Types. Additional Accessory Dwelling
Unit Configurations. Accessory dwelling units that are consistent with
Government Code Section 65852.2(e) 66323 shall receive ministerial approval.
The provisions of Government Code Section 65852.2(e) cannot be combined
with other accessory dwelling unit provisions of this section 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) 66323 shall clearly be labeled as such (e.g., “ADU-e”
“ADU-66323”). 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).
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 or deny any such application
that does not. If the proposed accessory dwelling unit(s) does not comply with
the requirements and standards identified in this chapter, the applicant shall
receive a full set of comments with a list of items that are defective or deficient
and a description of how the application can be remedied by said applicant.
When an accessory dwelling unit is proposed within a new residential structure,
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Attachment C
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.
c. Building permit applications involving the construction of new space or the
alteration of existing space within an existing residential structure may be
designed in such a manner as to facilitate the conversion to an accessory
dwelling unit or junior accessory dwelling unit. Said new construction or
alterations to an existing single-family residential structure shall be consistent
with the City’s objective design standards and any applicable zoning
regulations. An accessory dwelling unit or junior accessory dwelling unit created
through such a building permit application cannot be combined with the
provisions of California Government Code Section 66323.
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 Chapter 13 of Division 1 of Title 7 of the
California Government Code, 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.
Page 45 of 64
Attachment C
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.
i. 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 zoned for single-family residences with
existing or proposed single-family residence(s). 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:
i. The accessory dwelling unit was constructed at the same time as the
single-family residence.
ii. The accessory dwelling unit was created through the conversion of
existing space within a single-family residence or accessory structure.
iii. The accessory dwelling unit, either new or existing, is a detached unit,
and the detached accessory dwelling unit is no larger than eight hundred
Page 46 of 64
Attachment C
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.
i. A separate exterior entry shall be provided to serve a junior accessory
dwelling unit.
ii. The interior connection to the main living area may be maintained or
removed. A separate entrance from the main entrance to the primary
structure, with an interior entry to the main living area, shall be provided if
the junior accessory dwelling unit does not include a separate bathroom.
iii. At a minimum, junior accessory dwelling units shall include an efficiency
kitchen, which shall contain a cooking facility, food preparation counter, and
storage cabinets.
iv. Junior accessory dwelling units shall not be required to provide fire
sprinklers if fire sprinklers are not required for the primary residence. The
construction of a junior accessory dwelling unit shall not require fire
sprinklers to be installed in the existing primary dwelling
v. 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.
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Attachment C
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 Except as required by state law, the owner of the
property shall occupy either the primary residence or the junior accessory dwelling
unit.
6. Covenant Agreement. Prior Except as required by state law, 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.
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Attachment C
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
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Attachment C
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.”
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.
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Attachment C
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. 1705 § 44, 2021)
Page 51 of 64
Page 52 of 64
STATE OF CALIFORNIA - BUSINESS, CONSUMER SERVICES AND HOUSING AGENCY GAVIN NEWSOM, Governor DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT
DIVISION OF HOUSING POLICY DEVELOPMENT
651 Bannon Street, Suite 400 Sacramento, CA 95811
(916) 263-2911 / FAX (916) 263-7453
www.hcd.ca.gov
September 11, 2024
Timmi Tway
Director of Community Development
City of San Luis Obispo
919 Palm St
San Luis Obispo, CA 93401
Dear Timmi Tway:
RE: Review of San Luis Obispo’s Accessory Dwelling Unit (ADU) Ordinance
under State ADU Law (Gov. Code, §§ 66310 – 66342)
Please Note: As of March 25, 2024, with the Chaptering of Senate Bill (SB) 477
(Chapter 7, Statutes of 2024), the sections of Government Code relevant to State ADU
and Junior Accessory Dwelling Unit (JADU) Law have been re-numbered (Enclosure 1).
Thank you for submitting the City of San Luis Obispo (City) ADU Ordinance No. 1705
(Ordinance), adopted December 7, 2021, to the California Department of Housing and
Community Development (HCD). HCD has reviewed the Ordinance and submits these
written findings pursuant to Government Code section 66326, subdivision (a). HCD
finds that the Ordinance fails to comply with State ADU and JADU Laws in the manner
noted below. Under section 66326, subdivision (b)(1), the City has up to 30 days to
respond to these findings. Accordingly, the City must provide a written response to
these findings no later than October 11, 2024.
The Ordinance addresses many statutory requirements; however, HCD finds that the
Ordinance does not comply with State ADU Law in the following respects:
1. Statutory Numbering - The Ordinance contains several references to code
sections that were deleted by SB 477, effective March 25, 2024. These include
Government Code sections 65852.2, 65852.22 and 65852.26. The contents of
these sections were relocated to Government Code, Title 7, Division 1, Chapter
13 (sections 66310-66342, see Enclosure). The City must amend the Ordinance
to refer to the correct code sections.
2. Section 17.86.020 B.3.a. – Zones – The Ordinance creates a discrete list of
zones that permit ADU development, namely “AG, C/OS, R-1, R-2, R-3, R-4, or
O” zones. HCD requests and requires more information on this limitation on
zones that permit by-right residential development within the City. Government
Code section 66314, subdivision (d)(2) allows ADUs wherever a “lot is zoned to
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Timmi Tway, Planning and Zoning
Page 2
allow single-family or multifamily dwelling residential use and includes a
proposed or existing dwelling.”
3. Section 17.86.020 B.3.a. – Mixed Use – The Ordinance states, “Structures that
contain both commercial and residential uses are not considered residential
structures.” However, this will likely have the effect of disallowing ADU
development in or with mixed-use lots, otherwise authorized under state law.
Government Code section 66323, subdivision (a) specifically requires that “A
local agency shall ministerially approve an application for a building permit
within a residential or mixed-use zone to create any of the following…” before
referring to units with existing or proposed single-family dwellings (in
subdivisions (a)(1) and (a)(2) and multifamily dwellings (in subdivisions (a)(3)
and (a)(4).Additionally, Government Code section 66317, subdivision (d)(2),
permits ADUs where “The lot is zoned to allow single-family or multifamily
dwelling residential use and includes a proposed or existing dwelling.”
Therefore, the City must amend the Ordinance to comply with State ADU Law.
4. Section 17.86.020 B.3.b.1. – Max Sizes – The Ordinance states, “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.” Although the
City may impose maximum sizes for ADUs, some types of ADUs may not have
size limitations under state law. For example, ADUs created pursuant to
Government Code section 66323, subdivisions (a)(1), (3), and (4) do not have
size limitations. Therefore, the City must remove or amend the referenced
Ordinance language.
5. Section 17.86.020 B.3.c and B.3.i. – ADU Allowance – The Ordinance states,
“Only one accessory dwelling unit is permitted per lot.” It later notes that while
an ADU subject to Government Code section 66323 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).”
These provisions unlawfully limit ADUs to one per lot, regardless of the format
of the ADU.
Government Code section 66323 states, “Notwithstanding Sections 66314 to
66322, inclusive, a local agency shall ministerially approve an application for a
building permit within a residential or mixed-use zone to create any of the
following: (1) One accessory dwelling unit and one junior accessory dwelling
unit per lot with a proposed or existing single-family dwelling…(A) The
accessory dwelling unit or junior accessory dwelling unit is within the proposed
space of a single family dwelling or existing space of a single-family dwelling or
accessory structure.” Subparagraph (2) permits “[o]ne detached, new
construction, accessory dwelling unit that does not exceed four-foot side and
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Timmi Tway, Planning and Zoning
Page 3
rear yard setbacks.” The use of the term “any” followed by an enumeration of
by right ADU types permitted means that any of these ADU types can be
combined on a lot zoned for single-family dwellings.
This permits a homeowner, who meets specified requirements, to create one
converted ADU; one detached, new construction ADU; and one JADU. Thus, if
the local agency approves an ADU that is created from existing (or proposed)
space, and the owner subsequently applies for a detached ADU (or vice versa)
that meets the size and setbacks pursuant to the subdivision, the local agency
cannot deny the application, nor deny a permit for a JADU under this section.
HCD notes that the Legislature, in creating the list, did not use “or” nor “one of”
to indicate only one or another would be applicable to the exclusion of the
other.
Limiting single-family lots to one ADU would prevent property owners from
creating ADUs by-right under section 66323. Therefore, the City must amend
the Ordinance to allow for all by-right ADU combinations.
6. Section 17.86.020 B.3.d.3. and 4. – Height – The Ordinance allows, “Walls up
to 16 feet in height” and states “Accessory dwelling units that include the
creation of new square footage shall be limited to sixteen feet in height.”
However, However, Government Code section 66323, subdivision (a)(2)(B),
directly refers to Government Code section 66321 (b)(4), which increases
height maximums under certain conditions. The City must amend the
Ordinance to comply with State ADU Law.
7. Section 17.86.020 B.3.e. and C.3.4. – Sprinklers – The Ordinance states,
“Accessory dwelling units shall not be required to provide fire sprinklers if fire
sprinklers are not required for the primary residence.” A similar statement is
made for JADUs. However, Government Code section 66314, subdivision
(d)(12) and 66323, subdivision (c) specifies an important additional limitation:
“The construction of an accessory dwelling unit shall not trigger a requirement
for fire sprinklers to be installed in the existing primary dwelling.” Therefore, the
City must add this language to the Ordinance to comply with State ADU Law.
8. Section 17.86.020 B.3.g. – Historic Resources – The Ordinance states,
“Accessory dwelling units on listed historic properties and in historic districts
shall be consistent with the historic preservation ordinance, including historic
preservation guidelines and Secretary of the Interior standards for the
treatment of historic properties.” However, the parameters of historic property
listing, or historic districts is unclear. HCD requires more information – are local
historic registries or locally designated historic districts relevant criteria for this
section? Government Code section 66314, subdivision (b)(1) refers only to the
“California Register of Historical Resources”.
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Timmi Tway, Planning and Zoning
Page 4
9. Section 17.86.020 B.4.a. – Denial Requirements – The Ordinance states,
“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.” However,
Government Code section 66317, subdivision (a) states, “The permitting
agency shall either approve or deny the application to create or serve an
accessory dwelling unit or a junior accessory dwelling unit within 60 days from
the date the permitting agency receives a completed application,” and
subdivision (b) states, “If a permitting agency denies an application for an
accessory dwelling unit or junior accessory dwelling unit pursuant to
subdivision (a), the permitting agency shall, within the time period described in
subdivision (a), return in writing a full set of comments to the applicant with a
list of items that are defective or deficient and a description of how the
application can be remedied by the applicant.” As written, the Ordinance does
not address state law requirements for denials. Therefore, the City must amend
the Ordinance to reflect the entirety of the approval and denial process to
comply with State ADU Law.
10. Section 17.86.020 C.2.f. – JADUs on Multiple SFH Lots – The Ordinance
states, “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.” This would unlawfully restrict JADUs
on any lot with more than one single-family primary dwelling. However,
Government Code section 66333, subdivision (a) permits “one [JADU] per
residential lot zoned for single-family residences with a single-family residence
built, or proposed to be built, on the lot.” Note that this says “a” single-family
residence, not “one” single-family residence built.
11. As Government Code section 66336 states, “A local agency shall not deny an
application for a permit to create a junior accessory dwelling unit pursuant to
this article due to the correction of nonconforming zoning conditions, building
code violations, or unpermitted structures that do not present a threat to public
health and safety and that are not affected by the construction of the junior
accessory dwelling unit.” Multiple single-family homes on a single lot would be
a nonconforming zoning condition that may not preclude the creation of a
JADU. Therefore, lots with multiple single-family homes may have one JADU
per lot. The City must amend the Ordinance to comply with State ADU Law.
12. Section 17.86.020 C.3.a.2. – JADUs, Sanitation, and Interior Entry – The
Ordinance makes no reference to sanitation for JADUs, and states “The interior
connection to the main living area may be maintained or removed.” However,
Government Code section 66333, subdivision (e) states, “If a permitted junior
accessory dwelling unit does not include a separate bathroom, the permitted
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Timmi Tway, Planning and Zoning
Page 5
junior accessory dwelling unit shall include a separate entrance from the main
entrance to the structure, with an interior entry to the main living area.”
Therefore, the City must amend the Ordinance to comply with State ADU Law.
13. Section 17.86.020 C.7. – Short Term Rental – The Ordinance states, “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.” However,
Government Code section 66333 does not reference term limits for JADUs and
therefore such a requirement would be unlawful and inconsistent with State
JADU Law. The City must amend the Ordinance accordingly.
The City has two options in response to this letter1. The City can either amend the
Ordinance to comply with State ADU Law2 or adopt the Ordinance without changes and
include findings in its resolution adopting the Ordinance that explain the reasons the
City believes that the Ordinance complies with State ADU Law despite HCD’s findings 3.
If the City fails to take either course of action and bring the Ordinance into compliance
with State ADU Law, HCD must notify the City and may notify the California Office of
the Attorney General that the City is in violation of State ADU Law4.
HCD appreciates the City’s efforts in the preparation and adoption of the Ordinance and
welcomes the opportunity to assist the City in fully complying with State ADU Law.
Please contact Mike Van Gorder, of our staff, at (916) 776-7541 or at
mike.vangorder@hcd.ca.gov if you have any questions or would like HCD’s technical
assistance in these matters.
Sincerely,
Jamie Candelaria
Senior Housing Accountability Unit Manager
Housing Policy Development Division
1 Gov. Code, § 66326, subd. (b)(2).
2 Gov. Code, § 66326, subd. (b)(2)(A).
3 Gov. Code, § 66326, subd. (b)(2)(B).
4 Gov. Code, § 66326, subd. (c).
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State ADU/JADU Law Statutory Conversion Table
New Government Code Sections Previous Government Code Sections
Article 1. General Provisions
66310 65852.150 (a)
66311 65852.150 (b)
66312 65852.150 (c)
66313 General Definition Section
65852.2 (j)
65852.22 (j)
Article 2. Accessory Dwelling Unit Approvals
66314 65852.2(a)(1)(A), (D)(i)-(xii), (a)(4)-(5)
66315 65852.2 (a)(8)
66316 65852.2 (a)(6)
66317 65852.2 (a)(3), (a)(7)
66318 65852.2 (a)(9), 65852.2 (a)(2)
66319 65852.2 (a)(10)
66320 65852.2 (b)
66321 65852.2 (c)
66322 65852.2 (d)
66323 65852.2 (e)
66324 65852.2 (f)
66325 65852.2 (g)
66326 65852.2 (h)
66327 65852.2 (i)
66328 65852.2 (k)
66329 65852.2 (l)
66330 65852.2 (m)
66331 65852.2 (n)
66332 65852.23.
Article 3. Junior Accessory Dwelling Units
66333 65852.22 (a)
66334 65852.22 (b)
66335 65852.22 (c)
66336 65852.22 (d)
66337 65852.22 (e)
66338 65852.22 (f)-(g)
66339 65852.22 (h)
Article 4. Accessory Dwelling Unit Sales
66340 65852.26 (b)
66341 65852.26 (a)
66342 65852.2 (a)(10)
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Amendments to Title 16 (Subdivision Regulations) and
Title 17 (Zoning Regulations) of the City’s Municipal Code
(CODE-0031-2025)
February 12, 2025
Recommendation
Adopt the Draft Resolution with Staff Modifications, which recommends:
•That the City Council introduce and adopt an Ordinance amending Title 16 (Subdivision
Regulations) and Title 17 (Zoning Regulations) of the City’s Municipal Code regarding state
legislative updates on accessory dwelling units, junior accessory dwelling units, and urban
lot splits; and clarifications to regulations for affordable housing projects.
Alternatives
•The Commission may modify the proposed amendments to Chapters 16.15, 16.17, and
16.26 of the Subdivision Regulations and 17.10, 17.69, and 17.86 of the Zoning
Regulations, so long as they are consistent with state law.
•The Commission may continue action if additional information is needed. Specific direction
should be given to staff if continued.
Summary
Proposed amendments seek to incorporate new state legislation impacting ADUs,
JADUs, and urban lot splits.
•Address items from HCD correspondence regarding inconsistencies between state
ADU law and the City’s Zoning Regulations
Proposed amendments seek to incorporate miscellaneous changes that streamline
review processes, provide clarification on affordable housing projects, and provide a
definition for car share vehicles.
Accessory & Junior Accessory Dwelling Units
New State Legislation
•Senate Bill No. 477 – reorganized ADU/JADU law
•Senate Bill No. 1211 – introduced new provisions pertaining to
ADUs
Letter from California’s Department of Housing and Community
Development (HCD)
•Outlined 13 inconsistencies between state ADU law and the City’s
Zoning Regulations identified by HCD
Accessory & Junior Accessory Dwelling Units
Additional Amendments for ADUs/JADUs
•Removing language that required new ADUs to match the primary
residence in style, form, and materials
•Adding language referencing state law that permits the conveyance
and sale of an ADU separate from the primary residence
Urban Lot Splits
Urban Lot Splits as Existing Under Ch. 16.15
•Allows the subdivision of a single-family zoned property into two lots, relatively
equal in size, and the subsequent development of up to 2 residential dwellings per
lot
New State Legislation
•Senate Bill No. 450 – introduced new provisions pertaining to urban lot splits under
Gov. Codes 65852.21 & 66411.7
•Senate Bill No. 684 – introduced an urban lot split system for multifamily zoned
properties
•Senate Bill No. 1123 – altered some of the provisions introduced under Senate Bill
No. 684
Urban Lot Splits
Minor & Major Urban Lot Splits
•Urban lot splits subject to Gov. Code Sections 65852.21 and 66411.7 will
be referred to as “minor urban lot splits”
•Urban lot splits subject to Gov. Code Sections 65852.28, 65913.4.5, and
66499.41 will be referred to as “major urban lot splits”
Urban Lot Splits
Major Urban Lot Splits
•Permitted in multifamily zoned properties less than 5-acres in size and
substantially surrounded by urban uses
•Allowed in vacant, single-family zoned properties no larger than 1.5
acres
•Such property may be subdivided to create up to 10 new lots with up to 10
new residential dwellings (1 dwelling required on each lot)
Urban Lot Splits
Major Urban Lot Splits Continued
•Each lot created by a major urban lot split must be no smaller than 600 SF
•If zoned R-1, lots must be no smaller than 1,200 SF
•The average total area of floorspace for all proposed dwellings associated with a
major urban lot split shall not exceed 1,750 SF
Urban Lot Splits
Major Urban Lot Splits Continued
•A major urban lot split cannot result in the demolition of housing subject to a recorded
covenant, ordinance, or law restricting rent to levels affordable to persons and families
of low-, very low-, and extremely low-income, and more
•A major urban lot split cannot be conducted on a lot established through a prior urban lot
split
Miscellaneous Changes
Car Share Vehicles
Section 16.15.025 of the City’s Municipal Code requires 1 parking space per residential
unit associated with an urban lot split. This requirement can be waived if:
•The property is within 0.5 miles (walking distance) of a high-quality transit corridor, or
a major transit stop; or
•The property is within 1 block of a car share vehicle
Miscellaneous Changes
Car Share Vehicles Continued
Staff proposes the following definition for car share vehicle:
•“A motor vehicle that is operated as part of a regional fleet by a public agency or private
car sharing company or organizations that possesses a valid business license with the
City of San Luis Obispo and provide hourly or daily services. Car share vehicles shall be
stored on parking spaces dedicated to car share vehicles in between each use. Execution
of a contract between the public agency or private care sharing company or organization
and the client and retrieval of the car share vehicle’s keys, shall take place at the location
of the car share vehicle.”
Miscellaneous Changes
Streamlining of ADU Conversions
Under current City policy, property owners are required to undergo a “two-step”
building permit process with the City when expanding or altering an existing single-
family or multifamily dwelling for the purpose of converting that space into an ADU or
JADU.
Miscellaneous Changes
Streamlining of ADU Conversions Continued
City staff seeks to streamline this process by adding the following language to Ch. 17.86 of the
Zoning Regulations:
•“Building permit applications that propose the expansion/alteration of an existing single-family or
multifamily dwelling, or the conversion of existing space within a single-family or multifamily
dwelling, for the purpose of creating an accessory dwelling unit or junior accessory dwelling unit
are permissible under this Chapter. Said expansion or alteration to an existing single-family or
multifamily dwelling shall be consistent with the City’s objective design standards and any
applicable zoning regulations. The number of ADUs within the existing or proposed converted
space of a multifamily dwelling shall not exceed 25 percent of the existing number of multifamily
units. The provisions of this section do not apply to new construction multifamily dwellings.”
Miscellaneous Changes
Streamlining of ADU Conversions Continued
This language does two things:
•Reaffirms what is permissible under state law and Chapter 17.86 of the City’s Municipal
Code for single-family and multifamily dwellings
•Allows the expansion or alteration of an existing single-family or multifamily dwelling with
the intent to convert said space into an ADU or JADU (for single-family dwellings),
provided that the expansion/alteration complies with the City’s Zoning Regulations
Miscellaneous Changes
Supportive/Transitional Housing Clarification
CDD has received feedback that the Zoning Regulations restrict the development of
affordable housing projects that could provide supportive or transitional housing.
Staff proposed an amendment to Table 2-1 of Ch. 17.10 (Land Uses) to add a note under
the Supportive and/or Transitional Housing, with On- or Off-Site Services that states:
•Projects that contain supportive and/or transitional housing located within a commercial
zone are not required to be a mixed-use development and may be 100% residential
except for those project located in the C-D zone or Downtown Core. This includes
projects that combine below market rate housing and supportive and/or transitional
housing units.
General Plan Consistency
6th Cycle Housing Element
The proposed amendments to Title 16 and Title 17 are consistent with various policies under
the City’s 6th Cycle Housing Element:
•Policy 2.4 – encourage housing production for all financial strata of the City’s populations…
•Policy 6.8 – to meet the 6th Cycle RHNA production targets, the City will support residential
infill development and promote a higher residential density where appropriate
•Policy 8.1 – encourage housing development that meets a variety of special needs,
including large families, single parents, disabled persons, the elderly, students, veterans,
farmworkers, the homeless…
Agenda Correspondence from Staff
Modifications to some of the proposed amendments were provided in agenda correspondence
circulated by staff:
•Revised version of the ADU streamlining provision
•Miscellaneous errors pertaining to Sections 17.86.020(C)(5), 17.86.020(C)(6), and
16.15.025(D)(2).
Agenda Correspondence from Staff
Miscellaneous Revision 1: As proposed, Section 17.86.020(C)(5) reads:
“Except as required by state law, the owner of the property shall occupy either the primary residence or the junior
accessory dwelling unit.”
After further evaluation by staff, it was determined the following revision (emphasis added) is required so that the
language may read more clearly. Staff recommends that Section 17.86.020(C)(5) be revised as follows:
“Except as provided by state law, the owner of the property shall occupy either the primary residence or the
junior accessory dwelling unit.”
The reference made to state law in this section is intended to refer to several exceptions to the owner occupancy
requirement under state JADU law.
Agenda Correspondence from Staff
Miscellaneous Revision 2: As proposed, Section 17.86.020(C)(6) reads:
“Except as required by state law, prior to the issuance of building permits for a junior accessory dwelling unit...”
After further evaluation by staff, it was determined the following revision (emphasis added) is required so that the
language may read more clearly. Staff recommends that Section 17.86.020(C)(6) be revised as follows:
“Except as provided by state law, prior to the issuance of building permits for a junior accessory dwelling unit...”
The reference made to state law in this section is intended to refer to any future changes to state JADU law that
may require exceptions to this covenant agreement requirement.
Agenda Correspondence from Staff
Miscellaneous Revision 3: As proposed, Section 16.15.025(D)(2) reads:
“There is a car share vehicle, as defined in Section 16.26.061, located within one block...”
After further evaluation by staff, it was determined the following revision (emphasis added) is required to reference
the correct Section number. Staff recommends that Section 16.26.061 be revised as follows:
“There is a car share vehicle, as defined in Section 16.26.065, located within one block...”
Recommendation
Adopt the Draft Resolution with Staff Modifications, which recommends:
•That the City Council introduce and adopt an Ordinance amending Title 16 (Subdivision
Regulations) and Title 17 (Zoning Regulations) of the City’s Municipal Code regarding state
legislative updates on accessory dwelling units, junior accessory dwelling units, and urban
lot splits; and clarifications to regulations for affordable housing projects.