HomeMy WebLinkAboutItem 6b. Introduce Ordinance amending Title 16 (Subdivision Regulations) and Title 17 (Zoning Regulations) (CODE-0031-2025) Item 6b
Department: Community Development
Cost Center: 4006
For Agenda of: 3/4/2025
Placement: Public Hearing
Estimated Time: 60 minutes
FROM: Timmi Tway, Community Development Director
Prepared By: David Amini, Housing Coordinator; Teresa McClish, Principal Planner
SUBJECT: INTRODUCE AN ORDINANCE AMENDING TITLE 16 (SUBDIVISION
REGULATIONS) AND TITLE 17 (ZONING REGULATIONS) OF THE
MUNICIPAL CODE ADDRESSING STATE LEGISLATIVE UPDATES ON
ACCESSORY AND JUNIOR ACCESSORY DWELLING UNITS AND
URBAN LOT SPLITS, AND CLARIFICATIONS TO RE
RECOMMENDATION
As recommended by the Planning Commission, introduce a Draft Ordinance entitled, “An
Ordinance of the City Council of the City of San Luis Obispo, California, a pproving an
update to the City’s Subdivision Regulations (Title 16) and Zoning Regulations (Title 17)
to implement State Legislative Updates on Accessory and Junior Accessory Dwelling
Units and Urban Lot Splits; and an Update to the City’s Zoning Regulations (Title 17) to
Provide Clarifications to Regulations for Affordable Housing Projects with an Exemption
from Environmental Review (CEQA).”
POLICY CONTEXT
The California State Legislature has passed numerous bills that require updates to the
City’s Municipal Code to maintain consistency with state housing law. The proposed
amendments to comply with state law, as well as other amendments identified for more
efficient processing or clarification, are supported by City policy as described below.
On November 17, 2020, the City Council adopte d the 6th Cycle Housing Element, which
includes housing policies and programs for 2020 -2028. Accessory Dwelling Units (ADU)
are an important part of the City’s housing production, address state mandated Regional
Housing Needs Allocation (RHNA), and help the City meet housing policy goals. The
Housing Element contains the following policies that encourage housing production.
HE Policy 2.4: Encourage housing production for all financial strata of the City's
population, as allocated in the Regional Housing Needs Allocation, for the 6th cycle
planning period. The number of units per income category are: extremely low and very
low income, 825 units; low income, 520 units; moderate income, 604 units; and above
moderate income, 1,405 units.
HE Policy 8.1: Encourage housing development that meets a variety of special needs,
including large families, single parents, disabled persons, the elderly, students, veterans,
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farmworkers, the homeless, or those seeking congregate care, group housing, single -
room occupancy, or cohousing accommodations, utilizing universal design.
HE Policy 6.8: To help meet the 6th cycle RHNA production targets, the City will support
residential infill development and promote higher residential density where appropriate.
The State Housing and Community Development department (HCD) allows the City to
count one-half of ADU production towards moderate income affordable housing
allocations. ADU production allows important infill opportunities and missing middle
housing typologies through a variety of detached and attached formats in both single -
family and multi-family residential districts. Amending the City’s subdivision regulations
for urban lot splits expands the types of lots eligible for subdivision in multi-family districts
and supports additional residential infill projects. Community Development Department
(CDD) staff also periodically reviews the City’s Zoning Regulations to identify possible
barriers to development, including affordable housing development. Several of the
proposed amendments provide additional clarifications on regulations. This is especially
important as housing production is an integral part of the Housing and Homelessness
Major City Goal:
Support the expansion of housing options for all, and continue to facilitate the production
of housing, including the necessary supporting infrastructure, with an emphasis on
affordable and workforce housing as well as accessibly connected development.
REPORT-IN-BRIEF
The California State Legislature passed numerous bills that went into effect in 2024 and
at the beginning of 2025, introducing new or altered state laws related to ADUs, junior
accessory dwelling units (JADUs), and urban lot splits, requiring amendments to the City’s
subdivision and zoning regulations.
In accordance with Government Code §65585, on September 11, 2024, HCD provided
the City’s Community Development Department with a letter outlining thirteen purported
inconsistencies between the City’s Zoning Regulations and state ADU law. Many cities
and counties in California received a similar letter, as HCD has indicated their intent to
more strictly enforce these laws. As the state agency tasked with interpreting and
enforcing state housing law, HCD is requiring that amendments be made to the City’s
Zoning Regulations to address these inconsistencies, or for CDD to provide to HCD an
explanation as to how the City’s regulations are already consistent with state ADU law.
HCD’s letter and CDD’s response can be viewed in Attachment C.
The proposed amendments seek to bring the City’s Municipal Code into compliance with
state law per new legislation regarding ADUs, JADUs, and urban lot splits and
correspondence from California’s Department of Housing and Community Development.
In addition to state law compliance, some of the proposed amendments address
miscellaneous items identified via community feedback that seek to alleviate possible
barriers to housing development and streamline regulations and processes. The two
sections of the City’s Municipal Code being amended are the City’s Subdivision
Regulations in Title 16, and the Zoning Regulations in Title 17. Due to the continuing
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legislative updates to state housing law, Staff anticipates a second update to the
Subdivision and Zoning Regulations later this year.
DISCUSSION
New State Legislation
Several new significant state laws were recently passed that necessitate changes to local
regulations in the municipal code, as outlined in the letter received from the State on
September 11, 2024. These laws include:
Senate Bill No. 477 reorganized and renumbered 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).
Senate Bill No. 1211 introduced several changes to Government Code sections
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.
Senate Bill No. 450 introduced several changes to Government Code sections
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, codified in Government Code sections 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 need not be the same. 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.”
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Effective July 1, 2025, Senate Bill No. 1123 will implement several changes to the
provisions introduced under Senate Bill No. 684. This bill ex pands the types of lots
eligible for major urban lot splits and adds new requirements and allowances for these
developments. The proposed amendments incorporating major urban lot splits into
the municipal code are intended to proactively comply with this law.
HCD Letter - Accessory Dwelling Units
Letter from California’s Department of Housing and Community Development
On September 11, 2024, CDD received a letter from HCD1 outlining inconsistencies
between the City’s Municipal Code and California’s Gove rnment Code regarding ADUs.
CDD provided a response to the 13 items identified by HCD that described how the City
would propose 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 C.
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.
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. Th e proposed
ordinance provided in Attachment A 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. The proposed code 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 A - Section
13; 17.86.020(B)(3))
Mixed Use: The City’s existing Zoning Regulations state that structures conta ining
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. The proposed code update would
remove exemption of mixed-use structures from the ADU Regulations, thereby
allowing ADUs to be developed on mixed-use properties. (Attachment A – Section 13;
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
1HCD has statutory authority to review local agencies’ ADU ordinances and to enforce State ADU Laws
(see Govt. Code §65585.)
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imposing specific gross floor area limitations on certain ADU configurations described
under said section. The proposed code update would add language exempting ADUs
that qualify under this section of state law from the City’s gross floor area
requirements. (Attachment A – Section 13; 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 now 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 accessory dwelling
unit…” 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 Governme nt
Code 66323. The proposed code update would remove language from the Zoning
Regulations that limit the number of ADUs permitted on a residential property.
(Attachment A – Section 13; 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. The proposed code update would add this additional fire sprinkler
language to the Zoning Regulations. (Attachment A – Section 13; 17.86.020(B)(3))
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 are 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. The proposed code update
would add this language for compliance with state law. (Attachment A – Section 13;
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. The proposed code update would change the
Zoning Regulations to address this discrepancy. (Attachment A – Section 13;
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
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contain a separate bathroom must maintain an interior entrance to the main residence
in addition to the required separate exterior entrance. The proposed code update
would add this language to the Zoning Regulations. (Attachment A – Section 13;
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, which
prohibit rental terms of less than 30 days for JADUs, 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
removing this portion of 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 Pertaining to ADUs
In addition to the changes described above, staff proposes several miscellaneous
amendments related to ADUs. These changes were identified through discussions with
builders, developers, and property owners, 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 current zoning regulations require that new ADUs match the
primary residence in style, form, and materials. As state law continues to require
objective design standards regarding ADUs, these specific requirements can be
subjective in nature, challenging to implement, and do not always result in the best
building design. CDD has received numerous requests from community members to
remove these provisions in order to allow more flexibility in the design of ADUs. This
proposed ordinance update would remove this language from the Zoning Regulations.
(Attachment A – Section 13; 17.86.020(B)(3))
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. The proposed code update would add references to state ADU law to
account for instances in which ADUs can be separately conveyed. (Attachment A –
Section 8; 16.15.035, Section 9; 16.17.020, and Section 13; 17.86.020(B)(2))
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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 pre -emptive 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 residence (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
JADU when it officially becomes existing dwelling unit. 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 waste ful
to require this two-step process. To streamline this process, staff is proposing the
following provision to be added as 17.86.020(B)(4)(c) (Attachment A – Section 13):
Building permit applications that propose the expansion or 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 a 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 dwelling units. The provisions of this section
do not apply to new construction multifamily dwellings.
The language provided above would allow an applicant to propose an a ddition or
alteration to a structure with the intent of converting it to an ADU, which is allowed by
state law. The City would not require the applicant to first “create” the existing space by
having it permitted and built as an addition prior to allowing its conversion to an ADU.
The language above clarifies that the City will process an addition/alteration along with
the request to “convert” that space into an ADU. This results in the same outcome, as
would otherwise be required by state law, but eliminates onerous steps for the property
owner.
Urban Lot Splits
Originally introduced under Senate Bill No. 9, now codified 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
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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, altering the provisions of these sections. The update included in Attachment A would
incorporate the changes presented in said legislation.
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, now
referenced under California Government Code Sections 65852.28, 65913.4.5, and
66499.41, creating a similar subdivision and development system for multi -family zoned
properties. In addition to SB 684, the state legislature passed Senate Bill No. 1123, 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.
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 ref erence both types
independently of one another. Therefore, staff has proposed to refer to urban lot splits
under California Government Code Sections 65852.21 and 66411.7 (SB 9 & SB 450) 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.”
Update for Major Urban Lot Splits
Major urban lot splits are established under this code update. This allows property owners
of multifamily and vacant single family lots to create a subdivision of up to 10 lots, and
build housing units on each resulting parcel.
Below is a summary of major urban lot splits, including various qualifying requirements,
standards, and regulations that apply as required by state law:
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 A – Section 3; 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 This provision is allowed per Government Code 65589.5(2)(d)
(Attachment A – Section 4; 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 A – Section 4; 16.15.010)
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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 A – Section 5; 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 66499.412, unless the development satisfies the
requirements specified therein. (Attachment A – Section 5; 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 A – Section 5; 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 A – Section 5;
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 A – Section 5; 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. The square footages listed are per state law requirements. (Attachment A –
Section 5; 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. This is a requirement of City law. (Attachment A –
Section 5; 16.15.020)
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 A – Section 5;
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
2 Government Code 66499.41 prohibits the following sites from being allowed an urban lot split: Prime
farmland, wetlands, land within a very high fire hazard severity zon e, hazardous waste sites, sites within
an earthquake fault zone, floor areas, within floodways, land identified for conservation, habitat for protected
species, or land under conservation easement.
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affordable units as projected and be subject to a recorded affordability restriction o f 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 i n
subparagraph (B) of paragraph (3) of subdivision (c) of California Government Code
Section 65583.2, whichever is greater. (Attachment A – Section 5; 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 A –
Section 5; 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. This requirement is provided by California General Code Section 66499.41
(Attachment A – Section 5; 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 A – Section 5; 16.15.020)
Update for 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, which are only allowed in the single-family (R-1) zone. 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 to the municipal
code:
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 A
– Section 5; 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 A – Section 5; 16.15.020)
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.
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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 requirements, some 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 sta te law.
(Attachment A – Section 10; 16.26.065)
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 by requiring
the projects to contain some commercial component in commercial zones (essentially
requiring projects in commercial zones to be mixed-use). The intent of these requirements
was to create mixed use areas where the City desires projects to have both commercial
and residential components, which can help activate streets in commercial areas. This
required commercial component complicates financing for these projects, which can
make projects very difficult or infeasible. With the production of such housing being a
priority for the City, and to be consistent 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 A – Section 11):
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.
This language would remove the commercial requirement for supportive and/or
transitional housing located in commercial zones outside of the Downtown Core and C-D
zones in order to attempt to remove this identified barrier to this type of housing
development.
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Item 6b
Previous Council or Advisory Body Action
The Planning Commission met on February 12, 2025 (Agenda Packet) and reviewed the
proposed amendments and adopted a Resolution (Attachment B) which recommended
that City Council adopt an Ordinance amending Title 16 (Subdivision Regulations) and
Title 17 (Zoning Regulations) of the Municipal Code 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 en vironmental
review (CEQA), as represented in the staff report and attachments, with modifications as
follows (in bold):
1. Revise Section 17.86.020(C)(5) to read 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.”
Staff recommended this modification in agenda correspondence submitted for the
Planning Commission hearing. The reference made to state law is intended to refer to
several exceptions to the owner occupancy requirement under state JADU law.
2. Revise Section 17.86.020(C)(6) to read as follows:
“Except as provided by state law, prior to the issuance of building permits for a
junior accessory dwelling unit...”
Staff recommended this modification in agenda correspondence submitted for the
Planning Commission hearing. The reference made to state law is intended to refer to
any future changes to state JADU law that may require exceptions to this covenant
agreement requirement.
3. Revise Section 16.15.025(D)(2) to read as follows:
“There is a car share vehicle, as defined in Section 16.26.065, located within one
block...”
Staff recommended this modification in agenda correspondence submitted for the
Planning Commission hearing in order to reference the correct municipal code section.
4. Revise Section 16.15.020(I)(2) to read as follows:
“Copies of the unrecorded easement agreements must be submitted with the
application. The easement agreements must be recorded against the property
prior to or concurrently with the final parcel map.”
The Planning Commission recommended this modification in order to better align with
the practical application of recording subdivision parcel maps.
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Item 6b
Next Steps
This update to the Zoning Regulations addresses the requirements of new state housing
law and comments by HCD and removes barriers to housing development identified
through community outreach and collaboration. Additional feedback from the community
will be taken into consideration for a future update to the Zoning Regulat ions.
Public Engagement
Advisement of proposed amendments were discussed at the City’s most recent
Developer’s Roundtable meeting, and the Roundtable attendees were provided a link to
the Planning Commission’s agenda packet and invited to comment. Public notice was
provided for the Planning Commission meeting (February 12, 2025), and public comment
was received prior to and at the meeting. Public notice of this hearing has been published
in a widely circulated local newspaper, and hearing agendas for this meeting have been
posted at City Hall, consistent with adopted notification procedures. Email notices have
been provided for each public meeting to those on the interested parties list.
CONCURRENCE
Planning Division Staff, as well as the City Attorney’s office, have reviewed the proposed
changes to Titles 16 and 17 and provided feedback that has been incorporated into the
proposed amendments in this report.
ENVIRONMENTAL REVIEW
The proposed code amendments have been assessed in accordance with the aut hority
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 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 implementin g
state law related to accessory dwelling units. The proposed code amendments regarding
the Subdivision Regulations are not considered a project under CEQA pursuant to
Government Code Sections 65852.28(e), 65913.4.5(b), and 66499.41(i) and thus are not
subject to further environmental review under CEQA.
FISCAL IMPACT
Budgeted: N/A Budget Year: N/A
Funding Identified: N/A
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Item 6b
Fiscal Analysis:
Funding
Sources
Total Budget
Available
Current
Funding
Request
Remaining
Balance
Annual
Ongoing
Cost
General Fund $0 $0 $0 $0
State
Federal
Fees
Other:
Total $0 $0 $0 $0
The amendments contained in the proposed ordinance do not have a fiscal impact on the
City.
ALTERNATIVES
1. Continue consideration of the proposed zoning amendments. An action
continuing the project should include direction for staff on pertinent issues that should
be further studied or analyzed for future presentation to the Council, with consideration
that the State has provided the City with a letter containing items that must be
addressed to ensure City regulations are compliant with state law.
2. Do not approve the proposed zoning amendments. Not approving the
amendments would result in the City’s Municipal Code not being consistent with state
law. Denying the proposed amendments would also allow a possible barrier to
affordable housing production to remain within the City’s Zoning Regulations.
ATTACHMENTS
A - Draft Ordinance adopting amendments to Titles 16 (Subdivision Regulations) and 17
(Zoning Regulations)
B - Signed Planning Commission Resolution recommending that City Council adopt
amendments to Titles 16 and 17 with modifications presented by staff and the
Commission
C - HCD Correspondence
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O ______
ORDINANCE NO. _____ (2025 SERIES)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, APPROVING AN UPDATE TO THE CITY’S
SUBDIVISON REGULATIONS (TITLE 16) AND ZONING REGULATIONS
(TITLE 17) TO IMPLEMENT STATE LEGISLATIVE UPDATES ON
ACCESSORY AND JUNIOR ACCESSORY DWELLING UNITS AND
URBAN LOT SPLITS; AND AN UPDATE TO THE CITY’S ZONING
REGULATIONS (TITLE 17) TO PROVIDE CLARIFICATIONS TO
REGULATIONS FOR AFFORDABLE HOUSING PROJECTS WITH AN
EXEMPTION FROM ENVIRONMENTAL REVIEW (CEQA) (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 efficiently
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
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WHEREAS, the City Council of the City of San Luis Obispo conducted a public
hearing in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo, California
on March 4, 2025, for the purpose of introducing 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 mann er
required by the law; and
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of San Luis
Obispo as follows:
SECTION 1. Findings. Based upon all evidence, and as recommended by the
Planning Commission, the City Council 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.
4. Requiring a junior accessory dwelling unit to be rented for a period of at least
thirty days ensures housing affordability as well as consistency with other
elements of the Ordinance regarding ADUs, which do have term limits under
state law. JADUs and ADUs represent a significant portion of the City’s new
housing stock, and allowing short term rentals for ADUs and JADUs in this
region of the State would cause a significant reduction in availability in the local
rental market, thereby reducing available housing for working families and
individuals in favor of short-term rental income for investors. This requirement
is consistent with state law and furthers state law’s goals of housing production.
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.)
SECTION 3. Title 16 SUBDIVISIONS: Section 16.15.005 Purpose and
applicability is hereby amended as follows:
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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 pr ovided 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).
SECTION 4. Section 16.15.010 Permit application and review procedures is
hereby amended as follows:
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 and 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
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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 applicatio n 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 remedied by said applicant. These
procedural requirements shall also apply to the housing development project
associated with the urban lot split.
SECTION 5. Section 16.15.020 Qualifying requirements is hereby amended as
follows:
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.
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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.
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 conservation 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.
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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.
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 t he
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.
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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
prior to or concurrent with final parcel map approval.
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 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.
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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, 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.
SECTION 6. Section 16.15.025 Property improvement standards is hereby
amended as follows:
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 e asement 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;
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.
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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 develop ment
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 16.26.065, 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, unless 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)
SECTION 7. Section 16.15.030 Exceptions to objective standards is hereby
amended as follows:
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 meets all of the below requirements. For the purpose of these
requirements, existing improvements or development is not considered a physical
constraint.
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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 un its 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 thou sand two
hundred square feet in size when the property is zoned R -1. (Ord. 1729 § 4 (Exh.
A), 2023)
SECTION 8. Section 16.15.035 Separate conveyance is hereby amended as
follows:
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 sha re 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 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.
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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)
SECTION 9. Section 16.17.020 Airspace subdivisions, common interest
subdivisions, and flexible lot design subdivisions is hereby amended as follows:
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 allocating 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)
SECTION 10. Section 16.26.065 Car Share vehicle is hereby added as follows:
“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 a gency 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.
SECTION 11. Title 17 ZONING REGULATIONS Section 17.10.020 Use
regulations by zone is hereby amended as follows:
Page 575 of 717
Ordinance No. _____ (2025 Series) Page 12
O ______
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
Page 576 of 717
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SECTION 12. Section 17.69.010 Purpose and application is hereby amended as
follows:
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)
SECTION 13. Section 17.86.020 Accessory dwelling units, and junior accessory
dwelling units, and guest quarters is hereby amended as follows:
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).
Page 577 of 717
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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.
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 lot s 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.
Page 578 of 717
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O ______
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.
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 squ are
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.
Page 579 of 717
Ordinance No. _____ (2025 Series) Page 16
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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.
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 s ection
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
Page 580 of 717
Ordinance No. _____ (2025 Series) Page 17
O ______
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, this sixty-day
requirement shall only apply once all other aspects of the permit are
approved.
b. Building permit applications for accessory dwellin g 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 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.
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.
Page 581 of 717
Ordinance No. _____ (2025 Series) Page 18
O ______
2. General Requirements.
a. Application. Where this section does not contain a particular type of
standard or procedure, conventional zoning standards and procedures
shall apply.
b. Areas Where Junior Accessory Dwelling Units Are Allowed. Upon
meeting the requirements of this section, junior accessory dwelling units
may be established in any zone where the use of the property is a single-
unit dwelling, either existing or proposed.
c. Sale of Property. A junior accessory dwelling unit shall not be sold
independently of the primary dwelling on the parcel.
d. Location. A junior accessory dwelling unit must be created within the
walls of a proposed or existing primary dwelling.
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 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.
Page 582 of 717
Ordinance No. _____ (2025 Series) Page 19
O ______
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.
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.
Page 583 of 717
Ordinance No. _____ (2025 Series) Page 20
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5. Owner Occupancy. The Except as provided 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 provided 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.
Page 584 of 717
Ordinance No. _____ (2025 Series) Page 21
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SECTION 14. A summary of this ordinance, together with the name s of Council
members voting for and against, shall be published at least five (5) days prior to its final
passage, in The New Times, a newspaper published and circulated in this City. This
ordinance shall go into effect at the expiration of thirty (30) days after its final passage.
INTRODUCED on the ________ day of __________ 2025, AND FINALLY
ADOPTED by the Council of the City of San Luis Obispo on the _______ day of
__________ 2025, on the following vote:
AYES:
NOES:
ABSENT:
___________________________
Mayor Erica A. Stewart
ATTEST:
_______________________
Teresa Purrington
City Clerk
APPROVED AS TO FORM:
_______________________
J. Christine Dietrick
City Attorney
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the
City of San Luis Obispo, California, on ______________________.
___________________________
Teresa Purrington
City Clerk
Page 585 of 717
Page 586 of 717
RESOLUTION NO. PC-1095-25
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 587 of 717
Planning Commission Resolution No. PC-1095-25
CODE-0031-2025
Page 2
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.)
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 A ttachment 1.
Upon motion of Commissioner Houghton, seconded by Commissioner Jorgensen, and
on the following roll call vote:
AYES: Vice Chair Houghton, Commissioner Jorgensen, Commissioner Flores,
Commissioner Kahn, Commissioner Tolle, Chair Cooley
NOES: None
ABSENT: Commissioner Munoz-Morris
Page 588 of 717
Planning Commission Resolution No. PC-1095-25
CODE-0031-2025
Page 3
The foregoing resolution was passed and adopted this 12th day of February, 2025.
____
Tyler Corey, Secretary
Planning Commission
Page 589 of 717
Planning Commission Resolution No. PC-1095-25
CODE-0031-2025
Page 4
ATTACHMENT 1: DRAFT ORDINANCE
ORDINANCE NO. _____ (2025 SERIES)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, APPROVING AN UPDATE TO THE CITY’S
SUBDIVISON REGULATIONS (TITLE 16) AND ZONING REGULATIONS
(TITLE 17) TO IMPLEMENT STATE LEGISLATIVE UPDATES ON
ACCESSORY AND JUNIOR ACCESSORY DWEL LING UNITS AND
URBAN LOT SPLITS; AND AN UPDATE TO THE CITY’S ZONING
REGULATIONS (TITLE 17) TO PROVIDE CLARIFICATIONS TO
REGULATIONS FOR AFFORDABLE HOUSING PROJECTS WITH AN
EXEMPTION FROM ENVIRONMENTAL REVIEW (CEQA) (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 efficiently
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
Page 590 of 717
Planning Commission Resolution No. PC-1095-25
CODE-0031-2025
Page 5
WHEREAS, the City Council of the City of San Luis Obispo conducted a public
hearing in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo, California
on March 4, 2025, for the purpose of introducing 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
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of San Luis
Obispo as follows:
SECTION 1. Findings. Based upon all evidence, and as recommended by the
Planning Commission, the City Council 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.
4. Requiring a junior accessory dwelling unit to be rented for a period of at least
thirty days ensures housing affordability as well as consistency with other
elements of the Ordinance regarding ADUs, which do have term limits under
state law. JADUs and ADUs represent a significant portion of the City’s new
housing stock, and allowing short term rentals for ADUs and JADUs in this
region of the State would cause a significant reduction in availability in the local
rental market, thereby reducing available housing for working families and
individuals in favor of short-term rental income for investors. This requirement
is consistent with state law and furthers state law’s goals of housing production.
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.)
SECTION 3. Title 16 SUBDIVISIONS: Section 16.15.005 Purpose and
applicability is hereby amended as follows:
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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).
SECTION 4. Section 16.15.010 Permit application and review procedures is
hereby amended as follows:
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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 and 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 applicatio n 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
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a description of how the application can be remedied by said applicant. These
procedural requirements shall also apply to the housing development project
associated with the urban lot split.
SECTION 5. Section 16.15.020 Qualifying requirements is hereby amended as
follows:
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 identifie d for
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conservation or habitat preservation as specifically defined in Government Code
Section 65913.4.
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 identifie d for conservation 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 co nservation 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
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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.
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.
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2. Copies of the unrecorded easement agreements must be submitted with the
application. The easement agreements must be recorded against the property
prior to or concurrent with final parcel map approval .
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 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 o f 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 ei ther 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.
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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, 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.
SECTION 6. Section 16.15.025 Property improvement standards is hereby
amended as follows:
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.
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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;
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
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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 16.26.065, 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, unless 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)
SECTION 7. Section 16.15.030 Exceptions to objective standards is hereby
amended as follows:
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 meets 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)
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SECTION 8. Section 16.15.035 Separate conveyance is hereby amended as
follows:
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 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)
SECTION 9. Section 16.17.020 Airspace subdivisions, common interest
subdivisions, and flexible lot design subdivisions is hereby amended as follows:
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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, appropri ate covenants, easements or similar
documentation allocating 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 rela ted
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)
SECTION 10. Section 16.26.065 Car Share vehicle is hereby added as follows:
“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 s ervices.
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.
SECTION 11. Title 17 ZONING REGULATIONS Section 17.10.020 Use
regulations by zone is hereby amended as follows:
Residential
Care
Facilities—6
A A A A A A M/
A
M/A M/A MU
P
Multiple state
statutes
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or Fewer
Residents
Residential
Care
Facilities—7
or More
Residents
MU
P
MU
P
MU
P
MU
P
MU
P
MU
P
MU
P
Multiple state
statutes
Supportive
and/or
Transitional
Housing,
with On- or
Off-Site
Services
A A A A MU
P
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
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Mixed-Use
Developmen
t
A A A A A A A A See Sec.
17.70.130 and GC
Sec. 65852.24
SECTION 12. Section 17.69.010 Purpose and application is hereby amended as
follows:
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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SECTION 13. Section 17.86.020 Accessory dwelling units, and junior accessory
dwelling units, and guest quarters is hereby amended as follows:
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.
3. Specific Requirements and Standards.
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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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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 e xceed 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.
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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.
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.
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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, 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 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 regulat ions. 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 dwelling s.
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
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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.
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
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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 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 accessor y 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.
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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.
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 provided 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 provided 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
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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.
SECTION 14. A summary of this ordinance, together with the names of Council
members voting for and against, shall be published at least five (5) days prior to its final
passage, in The New Times, a newspaper published and circulated in this City. This
ordinance shall go into effect at the expiration of thirty (30) days after its final passage.
INTRODUCED on the 4th day of March, 2025, on the following vote:
AYES:
NOES:
ABSENT:
___________________________
Mayor Erica A. Stewart
ATTEST:
_______________________
Teresa Purrington
City Clerk
APPROVED AS TO FORM:
_______________________
J. Christine Dietrick
City Attorney
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the
City of San Luis Obispo, California, on ______________________.
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Planning Commission Resolution No. PC-1095-25
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___________________________
Teresa Purrington
City Clerk
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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
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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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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
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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).
Page 619 of 717
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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Introduce an Ordinance Amending Title 16 (Subdivision
Regulations) and Title 17 (Zoning Regulations) of the
City’s Municipal Code (CODE-0031-2025)
City Council
March 4, 2025
Recommendation
As recommended by the Planning Commission, introduce an Ordinance
entitled, “Approving an Update to the City’s Subdivision Regulations
(Title 16) and Zoning Regulations (Title 17) to Implement State
Legislative Updates on Accessory and Junior Accessory Dwelling Units
and Urban Lot Splits;
and an Update to the City’s Zoning Regulations (Title 17) to Provide
Clarifications to Regulations for Affordable Housing Projects with an
Exemption from Environmental Review (CEQA)”
Background – Why is Proposed Ordinance necessary?
•State periodically updates rules regarding development standards
•City takes feedback from community members about how to
improve code language for clarity and streamlining of housing
•City of SLO received letter from California Department of Housing
and Community Development (HCD) regarding updates needed in
code language to comply with State law
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…
Public Notification and Outreach
•Project noticed as required by state law and local regulations
•Changes discussed at Developer's Roundtable meetings for
informational purposes and feedback
•Feedback received regarding short-term rental of ADU/JADUs
•No changes proposed at this time
•Desire to retain ADU/JADU as housing units
Summary of Proposed ADU Changes
•Removal of language allowing only one ADU per property
•Allowing a combination of one ADU, one JADU, and one
conversion ADU on any lot with an existing dwelling, per state law
•Allowing for ADU’s in any zone that allows residential development,
per state law
•Allowing for ADUs on properties with multifamily dwellings – up to
8 detached ADUs (SB 1211)
Additional Amendments for ADUs/JADUs
•Removing language that required new ADUs to match the primary
residence in style, form, and materials
•Based on feedback from development community
•Was difficult to implement
•Adding language referencing state law that permits the conveyance
and sale of an ADU separate from the primary residence
•Removing height restriction from ADUs and allowing up to 25 foot
height for ADU’s
Urban Lot Splits
Urban Lot Splits as Existing Under Ch. 16.15
•Allows 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
•Senate Bill No. 684
•Senate Bill No. 1123
Urban Lot Splits
Minor & Major Urban Lot Splits
•Urban lot splits for single-family, R-1 properties will be referred to as
“minor urban lot splits”
•Urban lot splits for multifamily, R-2 and above properties (and vacant
R-1 properties), 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
•Average floor area for all proposed dwellings associated with a major urban lot
split shall not exceed 1,750 SF
•A major urban lot split cannot result in the demolition of below market rate housing
•Basic standards for lot design, setbacks, access requirements, parking
•ADU’s not required to be allowed on lots created through lot splits, per state law.
Miscellaneous Changes
Car Share Vehicles – Create Definition
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 of a high-quality transit corridor, or a major transit
stop; or
•The property is within 1 block of a car share vehicle
Proposed amendments create a definition for car share vehicle in order to provide
clarity to applicants and staff
Miscellaneous Changes
Streamlining of ADU Conversions
Currently, property owners required to undergo a “two-step” building permit
process when expanding or altering an existing dwelling to convert that space
into an ADU or JADU.
The Zoning Update streamlines this process by allowing for this to be a one-
step process for existing dwellings.
•Changed based on feedback from development community to improve and
process
Miscellaneous Changes
Supportive/Transitional Housing Clarification
•City received feedback that regulations requiring commercial space in
mixed-use zones restrict the development of supportive and
transitional affordable housing projects
•This requirement is now waived for these specific projects
•Intent is to remove barrier to development of needed housing type in
community
Next Steps
•After Council approval, Ordinance will be sent to State for required review
•If there are additional changes required, we will return to make changes
•Staff continuing to discuss changes with community that can further clarify,
streamline, and encourage infill housing and will process future zoning code
amendments as appropriate
•Staff will create guidelines document with clear information about how to
apply ADU, JADU and Subdivision regulations
Recommendation
As recommended by the Planning Commission, introduce an Ordinance
entitled, “Approving an Update to the City’s Subdivision Regulations (Title 16)
and Zoning Regulations (Title 17) to Implement State Legislative Updates on
Accessory and Junior Accessory Dwelling Units and Urban Lot Splits;
and an Update to the City’s Zoning Regulations (Title 17) to Provide
Clarifications to Regulations for Affordable Housing Projects with an Exemption
from Environmental Review (CEQA)”
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
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.”