HomeMy WebLinkAboutO-1743 to amend Title 16 (Subdivision Regs) and 17 (Zoning Regs) (CODE-0031-2025)O 1743
ORDINANCE NO. 1743 (2025 SERIES)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, APPROVING AN UPDATE TO 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) (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 664 11.7, 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, and recommended adoption of 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, 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, and voted to introduce 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, notice of said public hearings were made at the time and in the
manner required by the law.
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 a mendments 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:
The purpose of this chapter is to appropriately regulate qualifying “urban lot splits” within
qualifying locations in residential zones in accordance with state law.
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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 within the R-1 zone 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 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 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. Per state law, an applicant for 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 applica ble 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 complie s 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.
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B. Review. Consistent with state law, the director will review and determine
compliance of a complete application for an 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 an urban lot split noncompliant upon written
findings, based on a preponderance of the evidence, that the 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 public health and safety 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:
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. 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.
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.
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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
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, very high fire hazard severity zones, special flood
hazard areas, regulatory floodways, and lands identified for co nservation 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. 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. Demolition or Alteration of Housing. A minor urban lot split shall not require the
demolition or alteration of the types of housing 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 a minor urban lot split, the lot proposed
to be subdivided (“subject lot”) shall not be adjacent to any lot that was established
through a minor urban lot split by the owner of the subject lot or by any person acting
in concert with the owner of the subject lot.
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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 a minor urban lot split.
H. Lot Requirements and Limits.
1. A minor urban lot split application may subdivide an existing lot to create no
more than two new lots of approximately equal lot area; provided, that one lot
shall not be smaller than forty percent of the lot area of the original lot proposed
for subdivision. Both newly created lots must each be no smaller than one
thousand two hundred square feet.
2. A major urban lot split may subdivide an existing lot to create no more than
ten new lots, with each lot being no smaller than six hundred square feet. If the
property subject to a major urban lot split is zoned for single -family use, each lot
shall be no smaller than one thousand two hundred square feet. The average
total area of floorspace for the proposed dwelling units to be located on lots
created via a major urban lot split shall not exceed one thousand seven hundred
fifty net habitable square feet, as defined by California Government Code Section
66499.41.
I. Easements. The owner must enter into an easement agreement with each
utility/public-service provider to establish necessary easements that are sufficient for
the provision of public services and facilities to each of the resulting lots.
1. Each easement must be shown on the tentative parcel map and the final
parcel map.
2. Copies of the unrecorded easement agreements must be submitted with the
application. The easement agreements must be recorded against the property
prior to or concurrent with final parcel map approval.
J. Required Affidavit. The applicant for a final parcel map for 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 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.
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M. Housing Element. The proposed housing development associated with a major
urban lot split shall meet one of the following, as applicable:
1. If the parcel is identified in the city’s Housing Element for the current planning
period, the housing development will result in at least as many units as projected
for that parcel. Additionally, if the parcel is identified to accommodate any portion
of the city’s share of the regional housing need for low - or very low-income
households, the development will result in at least as many low - or very low-
income units as projected in the housing element and shall be subject to a
recorded affordability restriction of at least 45 years.
2. If the parcel is not identified in the city’s Housing Element for the current
planning period, the development will result in at least sixty -six percent of the
maximum allowable residential density or sixty-six percent of the applicable
residential density specified in subparagraph (B) of paragraph (3) of subdivision
(c) of Section 65583.2, whichever is greater.
N. Water and Sewer Requirement. All parcels created through a major urban lot split
shall be served by a public water system and municipal sewer system.
O. Separately Alienable. A major urban lot split shall not result in any existing
dwelling unit being alienable separate from the title to any other existing dwelling unit
on the lot.
P. Floor Area Ratio. For major urban lot splits, a floor area ratio standard not less
than 1.0 shall apply for housing development projects consisting of three to seven
units, 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:
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1. Vehicle access easements serving a maximum of two parcels shall meet
the following standards:
i. Easement width shall be a minimum of twenty feet and shall comply
with Engineering Standard 2120 for driveway ramp improvements and
widths.
ii. The minimum length for a vehicle access easement is twenty feet. No
maximum easement length shall be set. If easement length is more than
seventy-five feet, a vehicle turnaround shall be provided.
iii. No residential structure shall be closer than three feet to the easement.
iv. Vehicle access easements shall not be located closer than twenty-five
feet to an intersection.
2. Where a lot does not abut a public street, and where no automobile parking
spaces are required under subsection D of this section, a vehicle access
easement is not required. An easement providing pedestrian access to a street
from each lot shall be provided meeting the following standards:
i. Easement width shall be a minimum of ten feet;
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. 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:
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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.
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. 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)
SECTION 8. Section 16.15.035 Separate conveyance is hereby amended as
follows:
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A. Separate conveyance of the two lots resulting from 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 ais les, 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 facilitie s span a lot line
resulting from 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 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:
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
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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 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 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 Table 2-1
Use regulations by zone is hereby partially amended as follows:
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Residential
Care
Facilities—6
or Fewer
Residents
A A A A A A M/A M/A M/A MUP Multiple state statutes
Residential
Care
Facilities—7
or More
Residents
MUP MUP MUP MUP MUP MUP MUP Multiple state statutes
Supportive
and/or
Transitional
Housing,
with On- or
Off-Site
Services
A A A A MUP A A A A A A A A Projects that contain
supportive and/or
transitional housing
located within a
commercial zone are
not required to be a
mixed-use
development and may
be 100% residential
except for those
projects located in the
C-D zone or
Downtown Core. This
includes projects that
combine below market
rate housing and
supportive and/or
transitional housing
units.
Farmworker
Housing
A A
MIXED USES
Mixed-Use
Development
A A A A A A A A See Sec. 17.70.130 and
GC Sec. 65852.24
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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) 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).
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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 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
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
b. Size of Accessory Dwelling Unit. 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.
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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 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. 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.
vi. Exceptions to these design standards can be approved by the
director, through director’s action, subject to required findings (Section
17.108.040).
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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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.
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.
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).
h. Additional Accessory Dwelling Unit Configurations. Accessory dwelling
units that are consistent with Government Code Section 66323 shall
receive ministerial approval. Building permit applications to create
accessory dwelling units consistent with Government Code Section 66323
shall clearly be labeled as such (e.g., “ADU-66323”).
4. Procedural Requirements. An accessory dwelling unit that meets the
standards contained in this section shall be subject to ministerial review
(building permit) and approval without discretionary review (i.e., use permit,
architectural review, etc.) or public hearing.
a. Within sixty days of receiving a complete application, the city shall
approve any such application which complies with all applicable
requirements and development standards identified in this chapter or deny
any such application that does not. If the proposed accessory dwelling
unit(s) does not comply with the requirements and standards identified in
this chapter, the applicant shall receive a full set of comments with a list of
items that are defective or deficient and a description of how the
application can be remedied by said applicant. When an accessory
dwelling unit is proposed within a new residential structure, 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.
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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 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 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.
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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 lot zoned for single-family residences with existing or
proposed single-family residence(s). 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 r ear 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. 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. 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. 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 t he
county recorder to provide constructive notice to all future owners of the
property.
7. No Short-Term Rental. A junior accessory dwelling unit cannot be rented
for a period of less than thirty days. Homestay use of a junior accessory
dwelling unit is prohibited.
8. Violations. Violation of any of the provisions set forth in this chapter shall
be subject to code enforcement action as provided in Title 1.
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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, AND FINALLY ADOPTED by the
Council of the City of San Luis Obispo on the 1st day of April 2025, on the following vote:
AYES: Council Member Boswell, Francis, Marx, Vice Mayor Shoresman,
and Mayor Stewart
NOES: None
ABSENT: None
___________________________
Mayor Erica A. Stewart
ATTEST:
_______________________
Teresa Purrington
City Clerk
APPROVED AS TO FORM:
_______________________
J. Christine Dietrick
City Attorney
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the
City of San Luis Obispo, California, on ______________________.
___________________________
Teresa Purrington
City Clerk
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