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HomeMy WebLinkAboutItem 4a. Review of an amendment to Title 17 of the City's Municipal Code (Zoning Regulations) Section 17.02.020 to include an applicability section PLANNING COMMISSION AGENDA REPORT SUBJECT: REVIEW OF AN AMENDMENT TO TITLE 17 OF THE CITY’S MUNICIPAL CODE (ZONING REGULATIONS) SECTION 17.02.020 TO INCLUDE AN APPLICABILITY SUBSECTION BY: Rachel Cohen, Principal Planner FROM: Tyler Corey, Deputy Director Phone Number: 805-781-7574 Email: rcohen@slocity.org ADDRESS: Citywide APPLICATION NO.: CODE-0666-2025 APPLICANT: City of San Luis Obispo RECOMMENDATION Recommend that the City Council introduce and adopt an ordinance amending Title 17 of the City’s Municipal Code (Zoning Regulations) Section 17.02.020, “Purpose and Authority of the Zoning Regulations” to include an “applicability” subsection. The project is exempt from Environmental Review under the CEQA General Rule exemption (CEQA Guidelines Section 15061(b)(3)). 1.0 SUMMARY On behalf of the City of San Luis Obispo (City), the Community Development Director (Director) has initiated a text amendment to Title 17 (Zoning Regulations) of the Municipal Code, specifically Section 17.02.020, “Purpose and Authority of the Zoning Regulations” to provide clarity and address public safety. The proposed text amendment includes a new section on how the Zoning Regulations are to be applied to properties in the City and clarifies that the City of San Luis Obispo shall be exempt from the requirements of the Zoning Regulations for public safety features necessary to protect the public health, safety, and welfare of the community (Attachment A – Draft Planning Commission Resolution). 2.0 COMMISSION'S PURVIEW Per Chapter 17.124 (Amendments – Zoning Regulations and Zoning Map), the Planning Commission’s role is to review the proposed text amendment for consistency with the City’s General Plan and State Law and provide a recommendation to the City Council. Meeting Date: 9/24/2025 Item Number: 4a Time Estimate: 30 minutes Page 9 of 17 Item 4a CODE-0666-2025 Planning Commission Report – September 24, 2025 3.0 PREVIOUS REVIEW 3.1 Background The City undertakes various projects every year for the benefit of the community. Projects can range from constructing new City facilities such as a new parking structure, to making adaptations or modifications to existing facilities to include safety features such as fencing or a new radio tower for a fire station. Currently, the City is required to comply with the City’s Zoning Regulations for all new projects or modifications to existing City facilities. However, strict adherence to every requirement can be difficult to impossible to comply with given the unique nature and purpose of City projects versus private development. City projects are conducted pursuant to the approval of the City, under direct City supervision, and for the benefit of the community, based on community input and adopted priorities, and must consider elements that promote public health, safety, and welfare. Outlined below are some of the challenges that currently arise:  Alterations to City property may be required once it is discovered that there is a public health, safety, or welfare issue that needs to be addressed. To remedy the issue, modifications to the structure may be required that are not permitted due to the Zoning Regulations. Since the City is required to comply with the Zoning Regulations, certain safety elements are not able to be installed, and the community and/or City staff remain at risk. Alternatively, the City may be required to request an exception through a lengthy process from its own regulations – essentially the City has to ask the City for permission to build a City project deemed necessary or desirable by the City for public safety. This amendment is intended to eliminate that administrative inefficiency and the efficient implementation of commons sense public safety features associated with public projects. Example One: The City would like to install safety netting on the top of t he City’s parking structures. Currently, the Zoning Regulations only allow solar energy systems, chimneys, elevator towers, screening for mechanical equipment that is not integral with building parapets, vents, antennas, and steeples be allowed to extend ten feet above the maximum building height (SLOMC Section 17.70.080(C)(2)). Safety netting is not listed as a feature that may exceed the building height. The Zoning Regulations also have a section on fences and walls (SLOMC Section 17.70.070), but the code only addresses fencing built at the ground level. Example Two: The City needs to install a new generator for a fire station located adjacent to a residential zone. The Zoning Regulations require the setback in the Public Facility zone shall be as provided in the adjacent zone. All residential zones require a 5-foot setback, and the new generator (necessary to keep the fire station operational) has to be located within the setback due to site constraints and limitations. Per SLOMC 17.70.170(C)(6) the generator could not be located in the setback because generators are not listed as an acceptable type of mechanical equipment that is allowed. Page 10 of 17 Item 4a CODE-0666-2025 Planning Commission Report – September 24, 2025  New city projects are required to be processed like private development projects, including development review and any other necessary entitlements. Once a City project is approved through the development review process, any modifications deemed necessary to protect the public health, safety, or welfare could require re- review of the project by the reviewing authority (Planning Commission, City Council, etc.). This causes significant delays in project delivery which equates to substantial City costs and risk to public health, safety, or welfare. In addition, the Zoning Regulations do not provide a clear statement on how they are to be applied to properties in the City. The City currently operates and has historically interpreted its Zoning Regulation to require that both private and public properties are subject to the Zoning Regulations, but the code does not expressly state this. As such, staff is recommending the Zoning Regulations be amended to include an “applicability” section to modify historic practice and clarify expressly how the Zoning Regulations apply and do not apply to private and public properties by including provisions that exempt certain safety features associated with City projects that are needed to protect the public health, safety and welfare of the community. Nothing proposed here would exempt public projects from general plan conformity evaluation or compliance. 3.2 Proposed Amendments The City is proposing to amend Municipal Code Section 17.02.020 as shown below. Note that new language is underlined and language to be deleted is struck through. 7.02.020 Purpose, and authority, and applicability. A. Purpose. The zoning regulations are intended to guide the development of the city in an orderly manner, implement the policies of the general plan, protect and enhance the quality of the natural and built environment, promote the public health, safety and general welfare by regulating the use of land and buildings and the location and basic form of structures, and provide the physical, environmental, economic, and social advantages that result from the orderly planned use of land resources. B. Authority. The zoning regulations are enacted based on the authority vested in the city of San Luis Obispo and its charter, and the state of California, including but not limited to the State Constitution, Planning and Zoning Law (California Government Code Section 65800 et seq.), and the California Health and Safety Code. (Ord. 1650 § 3 (Exh. B), 2018) Page 11 of 17 Item 4a CODE-0666-2025 Planning Commission Report – September 24, 2025 C. Applicability. The zoning regulations shall apply, to the extent permitted by law, to all property within the limits of the city of San Luis Obispo and to property for which applications for annexation and/or subdivisions have been submitted to the city of San Luis Obispo, including all uses, structures and land owned by any private person, firm, corporation or organization, the city of San Luis Obispo, or other local, State or Federal agencies. Any governmental agency shall be exempt from the provisions of the zoning regulations only as required by otherwise applicable state or federal law. The city of San Luis Obispo shall be exempt from the requirements of the zoning regulatio ns for public safety features associated with public projects necessary to protect the public health, safety and welfare. Public safety features are defined as structures, architectural elements, devices, barriers, technology, communications, operational r esiliency, fencing and / or walls, or other features of a public project that protect the public health, safety and welfare of the community. 4.0 PROJECT ANALYSIS 4.1 Consistency with the General Plan The Land Use Element (LUE) identifies that the City is to have Zoning Regulations that outlines uses allowed per specific zones, property-development standards, and procedures (LUE Policy 12.1: Zoning Regulations). The proposed amendment would provide procedural clarity regarding the application of the Zoning Regulations to City properties and projects. Currently the Zoning Regulations do not contain an applicability section within the Municipal Code Chapter 17.02. Other LUE programs highlight that public spaces and developments are to be designed to enhance public safety and welfare (LUE Programs 4.9, 4.23, and 4.36). 4.2 Consistency with the Community Development Department’s Mission Statement The Mission Statement of the Community Development Department (CDD) is… “to identify and serve the needs of all people in a positive and courteous manner and to help ensure that San Luis Obispo remains a healthy, safe, attractive and enjoyable place to live, work or visit. We help plan the City's form and character, support community values, preserve the environment, promote the wise use of resources and protect public health and safety (emphasis added). The proposed amendment is consistent with t he CDD’s Mission statement because it would allow for certain safety features to be included in City projects that protect the public health, safety and welfare of the community. 4.3 Consistency with the Zoning Regulations As noted above, the Zoning Regulations do n ot provide a clear statement on how they are to be applied to properties in the City. The proposed amendment would clarify how the Zoning Regulations apply and expressly authorize the City to incorporate necessary public safety features to protect the public health, safety and welfare of the community. Page 12 of 17 Item 4a CODE-0666-2025 Planning Commission Report – September 24, 2025 The proposed amendment would exempt public safety features of a public project that supports the public health, safety, and welfare. As proposed, public safety features would be defined as structures, architectural elements, devices, barriers, technology, communications, operational resiliency, fencing and / or walls, or othe r features associated with public projects that protect the public health, safety and welfare of the community. Major City projects, such as a new fire station, a significant addition to an existing City building, or other projects that are not needed to address a specific public health, safety and welfare issue would still be required to adhere to all the requirements in the City’s Zoning Regulations. 5.0 ENVIRONMENTAL REVIEW The proposed text amendment is exempt under Section 15061(b)(3) of the CEQA Guidelines. This “Common Sense” exemption states that CEQA only applies to projects that have the potential for causing significant effect on the environment. Since the text amendment is a minor revision to Title 17 (Zoning Regulations) of the Municipal Code, specifically Section 17.02.020, “Purpose and Authority of the Zoning Regulations” intended only to provide clarity and expressly authorize exemptions for public safety features of public projects otherwise required to comply with City policies and regulations, this amendment clearly does not have the potential to cause any significant effect on the environment. 6.0 OTHER DEPARTMENT COMMENTS The proposed amendment was reviewed by Public Works and the City Attorney’s office and reflects their comments and recommendations. 7.0 ALTERNATIVES 1. Recommend Modifications to the Amendment. The Commission may recommend that the Council modify the proposed amendment to Title 17 of the City’s Municipal Code (Zoning Regulations) Section 17.02.020, “Purpose and Authority of the Zoning Regulations” to include an “applicability” subsection, so long as they are consistent with state law. 2. Continue Review of the Amendment. The Commission may continue action if additional information is needed. Specific direction should be given to staff if continued. 8.0 ATTACHMENTS A - Draft PC Resolution recommending an amendment to Title 17 of SLOMC Section 17.02.020 Page 13 of 17 Page 14 of 17 RESOLUTION NO. XXXX-25 A RESOLUTION OF THE SAN LUIS OBISPO PLANNING COMMISSION RECOMMENDING THE CITY COUNCIL INTRODUCE AND ADOPT AN ORDINANCE AMENDING TITLE 17 OF THE CITY’S MUNICIPAL CODE (ZONING REGULATIONS) SECTION 17.02.020, “PURPOSE AND AUTHORITY OF THE ZONING REGULATIONS” TO INCLUDE AN “APPLICABILITY” SUBSECTION. THE PROJECT IS EXEMPT FROM ENVIRONMENTAL REVIEW (CEQA) AS REPRESENTED IN THE PLANNING COMMISSION AGENDA REPORT AND ATTACHMENTS DATED SEPTEMBER 24, 2025 (CITYWIDE; CODE-0666-2025) 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 September 24, 2025, for the purpose of recommending an amendment to Section 17.02.020 in Title 17 (Zoning Regulations) of the Municipal Code, p ursuant to a proceeding under CODE-0666-2025; City of San Luis Obispo, applicant; and WHEREAS, notices of said public hearing were made at the time and in the manner required by law; and WHEREAS, the Planning Commission has duly considered all evidence, including the testimony of the applicant, interested parties, and the evaluation and recommendations by staff, presented at said hearing. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of San Luis Obispo as follows: Section 1. Findings. Based upon all the evidence, the Commission makes the following findings: 1. The proposed amendment is consistent with Land Use Element Policy 12.1: Zoning Regulations because the amendment would provide procedural and applicability clarity as to how the Zoning Regulations apply and expressly authorize the City to incorporate necessary public safety features associated with public projects to protect the public health, safety and welfare. 2. The proposed amendment is consistent with Land Use Element Programs 4.9, 4.23, and 4.36 because the amendment would exempt public safety features of a public project that supports the public health, safety, and welfare. 3. The proposed amendment is consistent with and further enhances Zoning Regulations Section 17.02.030 that states, “Land or buildings may be used and structures may be erected or altered only in accordance with the regulations in this title” because the amendment would clarify how the Zoning Regulations apply and expressly authorize the City to incorporate necessary public safety features of a public project to protect the public health, safety and welfare of the community. Page 15 of 17 Planning Commission Resolution No. PC-XXXX-2025 CODE-0666-2025 (Citywide) Page 2 Section 2. Environmental Determination. The proposed text amendment is exempt under Section 15061(b)(3) of the CEQA Guidelines. This “Common Sense” exemption states that CEQA only applies to projects that have the potential for causing significant effect on the environment. Since the text amendm ent is a minor revision to Title 17 (Zoning Regulations) of the Municipal Code, specifically Section 17.02.020, “Purpose and Authority of the Zoning Regulations” intended only to provide clarity and expressly authorize exemptions for public safety features of public projects otherwise required to comply with City policies and regulations, this amendment clearly does not have the potential to cause any significant effect on the environment.. Section 3. Action. The Planning Commission hereby recommends the City Council introduce and adopt an ordinance amending Title 17 of the City’s Municipal Code (Zoning Regulations) Section 17.02.020, “Purpose and Authority of the Zoning Regulations” to include an “applicability” subsection as set forth in Exhibit A and incorporated herein. On motion by______________, seconded by ______________, and on the following roll call vote: AYES: NOES: REFRAIN: ABSENT: The foregoing resolution was passed and adopted this 24th day of September 2025. _____________________________ Tyler Corey, Secretary Planning Commission Page 16 of 17 Planning Commission Resolution No. PC-XXXX-2025 CODE-0666-2025 (Citywide) Page 3 Exhibit A 7.02.020 Purpose, authority, and applicability. A. Purpose. The zoning regulations are intended to guide the development of the city in an orderly manner, implement the policies of the general plan, protect and enhance the quality of the natural and built environment, promote the public health, safety and general welfare by regulating the use of land and buildings and the location and basic form of structures, and provide the physical, environmental, economic, and social advantages that result from the orderly planned use of land resources. B. Authority. The zoning regulations are enacted based on the authority vested in the city of San Luis Obispo and its charter, and the state of California, including but not limited to the State Constitution, Planning and Zoning Law (California Government Code Section 65800 et seq.), and the California Health and Safety Code. (Ord. 1650 § 3 (Exh. B), 2018) C. Applicability. The zoning regulations shall apply, to the extent permitted by law, to all property within the limits of the city of San Luis Obispo and to property for which applications for annexation and/or subdivisions have been submitted to the city of San Luis Obispo, including all uses, structures and land owned by any private person, firm, corporation or organization, the City of San Luis Obispo, or other local, State or Federal agencies. Any governmental agency shall be exempt from the provisions of the zoning regulations only as required by otherwise applicable state and federal law. The city of San Luis Obispo shall be exempt from the requirements of the zoning regulations for public safety features associated with public projects necessary to protect the public health, safety and welfare. Public safety features are defined as structures, architectural elements, devices, barriers, technology, communications, operational resiliency, fencing and / or walls, or other features of a public project that protect the public health, safety and welfare of the community. Page 17 of 17 1 REVIEW OF AN AMENDMENT TO TITLE 17 OF THE CITY’S MUNICIPAL CODE (ZONING REGULATIONS) SECTION 17.02.020 TO INCLUDE AN APPLICABILITY SUBSECTION Planning Commission September 24, 2025 2 Recommendation Recommend the City Council introduce and adopt an ordinance amending Title 17 of the City’s Municipal Code (Zoning Regulations) Section 17.02.020, “Purpose and Authority of the Zoning Regulations” to include an “applicability” subsection. 3 Commission’s Purview Per Chapter 17.124 (Amendments – Zoning Regulations and Zoning Map), the Planning Commission’s role is to review the proposed text amendment for consistency with the City’s General Plan and State Law and provide a recommendation to the City Council. 4 Background •City projects range from constructing brand new City facilities to making adaptations or modifications to existing facilities. •Currently, the City is required to comply with the City’s Zoning Regulations for all new projects or modifications to existing City facilities. •Strict adherence to every requirement can be difficult to impossible to comply with given the unique nature and purpose of City projects versus private development. 5 Background •Alterations to City property may be required if there is a public health, safety, or welfare issue that needs to be addressed. •Certain safety elements may not be able to be installed, and the community and/or City staff remain at risk. •Currently, the City may be required to request an exception and go through a lengthy process from its own regulations to build a City project deemed necessary or desirable by the City for public safety. •The proposed amendment is intended to eliminate administrative inefficiencies, and the support efficient implementation of timely, common sense, public safety features associated with public projects. 6 Background: Examples Example One: Installing safety netting on the top of the City’s parking structures. Example Two : Installing a new generator for a fire station within the setback. 7 Background •The Zoning Regulations do not provide a clear statement on how they are to be applied to properties in the City. •The City currently operates and has historically interpreted its Zoning Regulation to require that both private and public properties are subject to the Zoning Regulations, but the code does not expressly state this. •City projects are required to be processed like private development projects, including development review and any other necessary entitlements. 8 Proposal •Staff is recommending the Zoning Regulations be amended to include an “applicability” section: •To modify historic practice and clarify expressly how the Zoning Regulations apply and do not apply to private and public properties. •Include provisions that exempt certain safety features associated with City projects that are needed to protect the public health, safety and welfare of the community. •This text amendment would not exempt City projects with public safety features from general plan conformity evaluation, or compliance with CEQA, or otherwise applicable development review processes. 9 Proposed Amendment 17.02.020 Purpose, and authority, and applicability. C. Applicability. The zoning regulations shall apply, to the extent permitted by law, to all property within the limits of the city of San Luis Obispo and to property for which applications for annexation and/or subdivisions have been submitted to the city of San Luis Obispo, including all uses, structures and land owned by any private person, firm, corporation or organization, the city of San Luis Obispo, or other local, State or Federal agencies. Any governmental agency shall be exempt from the provisions of the zoning regulations only as required by otherwise applicable state or federal law. The city of San Luis Obispo shall be exempt from the requirements of the zoning regulations for public safety features associated with public projects necessary to protect the public health, safety and welfare. Public safety features are defined as structures, architectural elements, devices, barriers, technology, communications, operational resiliency, fencing and / or walls, or other features of a public project that protect the public health, safety and welfare of the community. 10 Policy Consistency Consistency with the General Plan: •LUE Policy 12.1: Zoning Regulations. •LUE Programs 4.9, 4.23, and 4.36 Consistency with CDD’s Mission Statement: •To identify and serve the needs of all people in a positive and courteous manner and to help ensure that San Luis Obispo remains a healthy, safe, attractive and enjoyable place to live, work or visit. We help plan the City's form and character, support community values, preserve the environment, promote the wise use of resources and protect public health and safety. 11 Policy Consistency Consistency with the Zoning Regulations: •The proposed amendment would clarify how the Zoning Regulations apply and expressly authorize the City to incorporate necessary public safety features to protect the public health, safety and welfare of the community. Note: Major City projects, such as a new fire station, a significant addition to an existing City building, or other project components that are not needed to address a specific public health, safety and welfare issue would still be required to adhere to all the requirements in the City’s Zoning Regulations. 12 Environmental Review •The proposed text amendment is exempt under Section 15061(b)(3) of the CEQA Guidelines. •This “Common Sense” exemption states that CEQA only applies to projects that have the potential for causing significant effect on the environment. •Since the text amendment is a minor revision to Title 17 (Zoning Regulations) of the Municipal Code, specifically Section 17.02.020, “Purpose and Authority of the Zoning Regulations” intended only to provide clarity and expressly authorize exemptions for public safety features of public projects otherwise required to comply with City policies and regulations, it clearly does not have the potential to cause any significant effect on the environment. The amendment does not authorize any change in the environment or otherwise allow new land uses or intensify existing land uses.These amendments do not authorize any specific action without otherwise applicable development and environmental review; individual projects will still be required to comply with CEQA, as applicable. 13 Public Correspondence •Any proposed public project with safety features would be subject to CEQA if it qualifies as a “project.” •As noted in the staff report, any proposed public project with safety features would not be exempt from General Plan conformity evaluation or compliance or otherwise applicable development review processes. •Chapter 17 (Zoning Regulations) of the SLOMC pertains to property outside of the public right of way (ROW). The proposed amendments would not and could not apply to the ROW, or the ROW interface. •Chapter 12 of the SLOMC includes regulations regarding Streets, Sidewalks and Public Places. •The “common sense” exemption is appropriate because this is a minor text amendment does not result in physical changes to the environment. Individual public projects will still need to comply with CEQA and otherwise applicable review processes. •The City may exempt itself from the Zoning Regulations. As a charter city, it has wide discretion to enact land use ordinances to protect the public health, safety, and welfare, absent any peremptory state or federal law or charter limitations. (e.g., Santa Rosa) 14 Recommendation Recommend the City Council introduce and adopt an ordinance amending Title 17 of the City’s Municipal Code (Zoning Regulations) Section 17.02.020, “Purpose and Authority of the Zoning Regulations” to include an “applicability” subsection. 15 15 16 Proposed Amendment 17.02.020 Purpose, and authority, and applicability. C. Applicability. The zoning regulations shall apply, to the extent permitted by law, to all property within the limits of the city of San Luis Obispo and to property for which applications for annexation and/or subdivisions have been submitted to the city of San Luis Obispo, including all uses, structures and land owned by any private person, firm, corporation or organization, the city of San Luis Obispo, or other local, State or Federal agencies. Any governmental agency shall be exempt from the provisions of the zoning regulations only as required by otherwise applicable state or federal law. The city of San Luis Obispo shall be exempt from the requirements of the zoning regulations for public safety features associated with public projects necessary to protect the public health, safety and welfare. Public safety features are defined as structures, architectural elements, devices, barriers, technology, communications, operational resiliency, fencing and / or walls, or other features of a public project that protect the public health, safety and welfare of the community. These features shall comply and / or conform with the General Plan and the California Environmental Quality Act (CEQA) as applicable.