HomeMy WebLinkAboutO-1750 adopting amendments to Title 17 Section 17.02.020 of the City’s Municipal CodeO 1750
ORDINANCE NO. 1750 (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 AND TO EXEMPT
CERTAIN PUBLIC SAFETY FEATURES IN CITY PROJECTS FROM THE
ZONING REGULATIONS. 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, p ursuant 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.
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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 features of a
public project that supports the public health, safety, and welfare.
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 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. The amendment
does not authorize any change in the environment or ot herwise 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 applica ble.
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 and to exempt
certain public safety features in City projects from the Zoning Regulations as set forth in
Exhibit A and incorporated herein.
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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 18th day of November, 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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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.
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