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HomeMy WebLinkAboutItem 7e - Amendment to Title 17 including an Applicibility subsection and exempt certain public safety features Item 7e Department: Community Development Cost Center: 4006 For Agenda of: 10/21/2025 Placement: Public Hearing Estimated Time: 30 minutes FROM: Timmi Tway, Community Development Director Prepared By: Rachel Cohen, Principal Planner 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 AND TO EXEMPT CERTAIN PUBLIC SAFETY FEATURES IN CITY PROJECTS FROM THE ZONING REGULATIONS RECOMMENDATION As recommended by the Planning Commission, introduce a Draft Ordinance entitled “An Ordinance of the City Council of the City of San Luis Obispo, California, 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 and to exempt certain public safety features in City projects from the Zoning Regulations.” REPORT-IN-BRIEF 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 Ordinance). POLICY CONTEXT 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. Page 403 of 415 Item 7e 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). The intent of the proposed Zone Text Amendment is to facilitate necessary safety features in City projects. Consistency with the Zoning Regulations As noted above, the Zoning Regulations do not provide a clear state ment 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 in City projects that may otherwise not be allowed per the zoning code. The proposed amendment would exempt public safety features of a City 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 other features associated with public projects that protect the public health, safety and welfa re of the community. City projects, such as a new fire station, a significant addition to an existing City building, or other development would still be required to adhere to all requirements in the City’s Zoning Regulations. The proposed amendment only exempts public safety features of a City project that supports the public health, safety, and welfare . DISCUSSION 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 or impossible given the unique nature and purpose of City projects versus private development. City projects are conducted pursuant to the approval of the City Council, under direct City supervision, and for the benefit of the community. Often there is a need for these projects to include features that promote public health, safety, and welfare. Some of the challenges that currently arise with City projects are described below. Alterations to City facilities 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, adding lengthy delays and cost increases on these specific projects. This amendment is intended Page 404 of 415 Item 7e to eliminate that administrative inefficiency and the efficient implementation of common sense public safety features associated with public projects. A current example is related to safety netting on the top of City parking structures. The safety netting would exceed the height limit for the zone but are critical to ensure the health, safety and welfare of the community. 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. W ithout approval of this proposed amendment the City would not be able to install the safety netting under the current Zoning Regulations. Another challenge is related to the process to approve modifications that are identified as necessary for existing City projects. 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. By approving the proposed amendment safety features that are determined to be necessary would not trigger an extensive re-review of the project. In summary, the proposed Zone Text Amendment would provide limited flexibility to allow City projects to include features that would protect the public health , safety and welfare even if they would not normally comply with the Zoning Regulations. The Zoning Regulations are generally crafted with private development in mind, and do not contemplate some of the unique types of projects and facilities that are developed by the City (such as parking structures, water treatment facilities, etc.) or the safety features (such as fencing or barriers) that may be needed at these facilities. Given the unique nature of the types of projects and facilities that are developed by the City, this flexibility is necessary to ensure that the City can develop and maintain buildings and facilities that are safe for the community and staff. Addition of Applicability Section 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 how the Zoning Regulations apply and expressly authorize the City to incorporate necessary public safety features to Page 405 of 415 Item 7e protect the public health, safety and welfare of the community in City projects that may otherwise not be allowed per the zoning code. Nothing proposed here would exempt public projects from general plan conformity evaluation or compliance. Proposed Amendments The City is proposing to amend Municipal Code Section 17.02.020 as shown below. Should the City Council vote to approve the amendment as introduced the ordinance will be placed on a future agenda for a second reading and will then become effective 30 days after. Note that new language is underlined and language to be deleted is struck through. 17.02.020 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) 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, arch itectural 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. Previous Advisory Body Action On September 24, 2025, the Planning Commission reviewed the proposed Zoning Regulations text amendments and unanimously (5:0) recommended the City Council approve the proposed amendments (Attachment B – PC Resolution). Public Engagement The proposed text amendments were noticed in accordance with Municipal Code Chapter Page 406 of 415 Item 7e 17.122 (Public Notices and Hearing) and state law. Prior to the Planning Commission meeting, notice of the proposed text amendments was published in the local newspaper, New Times, on September 4, 2025. Prior to the City Council meeting, notice of the proposed text amendments were published in the New Times on Thursday, September 25, 2025. CONCURRENCE The proposed amendment was reviewed by Public Works and the City Attorney’s office and reflects their comments and recommendations. 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. 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. FISCAL IMPACT Budgeted: N/A Budget Year: 2025-26 Funding Identified: N/A Fiscal Analysis: Funding Sources Total Budget Available Current Funding Request Remaining Balance Annual Ongoing Cost General Fund $N/A $ $ $ State Federal Fees Other: Total $N/A $0 $0 $0 There are no fiscal impacts directly related to approval of the Zoning Regulations text amendments. No previously unanticipated fiscal impacts would occur as a result of this action. Page 407 of 415 Item 7e ALTERNATIVES 1. Adopt the proposed ordinance with modification. The City Council could propose modifications to the proposed ordinance including modifications to any of the findings or amendments. If the City Council modifies the language the modified language would be placed on a future agenda for a second reading and will the n become effective 30 days after. 2. Continue consideration of the proposed amendments. An action continuing the project should include direction for staff on pertinent issues that should be further studied or analyzed for future presentation to the Council. 3. Do not introduce or adopt the proposed ordinance. The City Council could decide not to introduce the attached Ordinance. If the City Council does not introduce the Ordinance there would continue to be no applicability section of the Zoning Regulations and certain public safety features in City projects would continue to be subject to Zoning Regulation requirements. ATTACHMENTS A - Draft Ordinance amending Title 17 of the City’s Municipal Code Section 17.02.020 B - PC Resolution No. PC-1110-2025 recommending an amendment to Title 17 of SLOMC Section 17.02.020 Page 408 of 415 O ______ ORDINANCE NO. _____ (2025 SERIES) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO, CALIFORNIA, 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 CITY COUNCIL AGENDA REPORT AND ATTACHMENTS DATED OCTOBER 21, 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, pursuant to a proceeding under CODE-0666-2025; City of San Luis Obispo, applicant; 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 October 21, 2025, for the purpose of introducing an ordinance to amend Section 17.02.020 in Title 17 (Zoning Regulations) of the Municipal Code, pursuant 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 City Council has duly considered all evidence, including the testimony of interested parties and the evaluation and recommendation by staff, presented at said hearing. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of San Luis Obispo as follows: SECTION 1. Findings. Based upon all the evidence, the City Council makes the following findings: a) 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. b) The proposed amendment is consistent with Land Use Element Programs 4.9, 4.23, and 4.36 because the amendment would exempt public safety feature s of a public project that supports the public health, safety, and welfare. Page 409 of 415 Ordinance No. _____ (2025 Series) Page 2 O ______ c) 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. 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 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. 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. SECTION 3. Action. The City Council hereby adopts 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. SECTION 4. 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 21st day of October, 2025, AND FINALLY ADOPTED by the Council of the City of San Luis Obispo on the ____ day of ____, 2025, on the following vote: AYES: NOES: ABSENT: ___________________________ Mayor Erica A. Stewart ATTEST: Page 410 of 415 Ordinance No. _____ (2025 Series) Page 3 O ______ _______________________ Teresa Purrington City Clerk APPROVED AS TO FORM: _______________________ J. Christine Dietrick City Attorney IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Luis Obispo, California, on ______________________. ___________________________ Teresa Purrington City Clerk Page 411 of 415 Ordinance No. _____ (2025 Series) Page 4 O ______ Exhibit A 17.02.020 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, communication s, 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 412 of 415 RESOLUTION NO. PC-1110-2025 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, pursuant 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 413 of 415 Planning Commission Resolution No. PC1110-2025 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 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. 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 Commissioner Kahn, seconded by Commissioner Jorgensen, and on the following roll call vote: AYES: Commissioner Kahn, Commissioner Jorgensen, Commissioner Munoz- Morris, Commissioner Cooley, and Vice Chair Tolle NOES: None REFRAIN: None ABSENT: Commissioner Flores and Chair Houghton The foregoing resolution was passed and adopted this 24th day of September 2025. ____________________ Tyler Corey, Secretary Planning Commission Page 414 of 415 Planning Commission Resolution No. PC1110-2025 CODE-0666-2025 (Citywide) Page 3 Exhibit A 17.02.020 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. These features shall comply and / or conform with the General Plan and the California Environmental Quality Act (CEQA) as applicable. Page 415 of 415 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 AND TO EXEMPT CERTAIN PUBLIC SAFETY FEATURES IN CITY PROJECTS FROM THE ZONING REGULATIONS City Council October 21, 2025 2 Recommendation Introduce a draft 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 and to exempt certain public safety features in City projects from the Zoning Regulations. 3 Background •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 or impossible given the unique nature and purpose of City projects versus private development. •At times there is a need for City projects to include features that promote public health, safety, and welfare that are not permitted due to the Zoning Regulations. •The City must request an exception through a lengthy process from its own regulations. 4 Background •Modifications to existing projects deemed necessary to protect the public health, safety, or welfare, often require re-review of the project by the original reviewing authority. •This re-review process causes significant delays in project delivery, substantial City costs, and risk to public health, safety, or welfare. •The proposed Zone Text Amendment would exempt certain public safety features in City projects from the Zoning Regulations. 5 Parking Structures and Safety Netting 6 Applicability •The City currently operates and has historically interpreted its Zoning Regulations to require that both private and public properties are subject to the Zoning Regulations, but the code does not expressly state this. •The proposed amendment will include: •An “applicability” section to modify historic practice and •Clarify how the Zoning Regulations apply 7 Proposed Amendment Zoning Regulations Section 17.02.020 Text Amendments: •Applies to all property within City limits and property that have submitted applications for annexation and/or subdivisions. •The City would 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. •Includes a definition for public safety features: •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. 8 Policy Consistency Consistency with the General Plan: •LUE Policy 12.1: Zoning Regulations. •LUE Programs 4.9, 4.23, and 4.36 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 in City projects that may otherwise not be allowed per the zoning code. 9 Previous Advisory Body Action •September 24, 2025: the Planning Commission reviewed the proposed Zoning Regulations text amendments and unanimously (5:0) recommended the City Council approve the proposed amendments. 10 Environmental Review •The proposed text amendments are 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. •The proposed text amendment does not authorize any change in the environment or otherwise allow new land uses or intensify existing land uses. •Individual projects will still be required to comply with CEQA, as applicable. 11 Recommendation Introduce a draft 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 and to exempt certain public safety features in City projects from the Zoning Regulations. 12 12 13 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.