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
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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.
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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)
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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.
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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