HomeMy WebLinkAboutItem 4a. Review of Proposed Changes to the City's Subdivision Regulations, Zoning Regulations, and Licenses, Permits, and Regulations (Titles 16, 17, and 5) of the Municipal Code
PLANNING COMMISSION AGENDA REPORT
SUBJECT: REVIEW OF PROPOSED CHANGES TO THE CITY’S SUBDIVISION
REGULATIONS, ZONING REGULATIONS, AND LICENSES, PERMITS, AND
REGULATIONS (TITLES 16, 17, AND 5) OF THE MUNICIPAL CODE
BY: Ethan Estrada, Assistant Planner FROM: Tyler Corey, Deputy Director
David Amini, Senior Planner Phone Number: (805) 781-7169
Phone Number: (805) 781-7576 Email: tcorey@slocity.org
Email: ejestrad@slocity.org
RECOMMENDATION
Adopt the Draft Resolution, which recommends that the City Council introduce and adopt
an Ordinance amending Title 16 (Subdivision Regulations), Title 17 (Zoning Regulations),
and Title 5 (Licenses, Permits, and Regulations) of the City’s Municipal Code regarding
accessory dwelling units, junior accessory dwelling units, urban lot splits, mobile homes,
and other clarifications and changes to regulations associated with housing.
1.0 COMMISSION'S PURVIEW
This item is being brought before the Planning Commission to provide Commissioners
with an opportunity to evaluate the proposed code amendments and make a
recommendation to the City Council. Draf t Title 16, 17, and 5 amendments are included
in Attachments B, C, and D, respectively. Formatting of the amendments include
strikethrough on text proposed to be deleted, and new text is underlined, so that changes
are clear to the public and the Commissioners.
2.0 SUMMARY
In 2025, several bills implementing changes to state law regarding accessory dwelling
units (ADUs), junior accessory dwelling units (JADUs), and urban lot splits went into
effect, with the continued intention of streamlining and incentivizing housing production
statewide. These changes, in turn, require modifications to the City’s Municipal Code to
maintain compliance with state law.
The City of San Luis Obispo is designated as a pro-housing city by the California
Department of Housing and Community Development (HCD). This designation is
assigned to cities that implement local policies beyond what is provided by the state that
seek to remove barriers to new housing development. This designation allows the City to
receive priority processing and additional points when applying for state funding
programs. Therefore, staff continue to reevaluate the City’s Municipal Code and its review
processes for improvements. This process is further aided by public feedback received
throughout the year, which contributed to some of the proposed amendments.
Meeting Date: 4/8/2026
Item Number: 4a
Time Estimate: 60 minutes
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Lastly, City staff have continued to evaluate the efficacy of existing standards and
procedures instituted through the Municipal Code. Based on staff and community
feedback, this update contains several miscellaneous amendments to the Municipal Code
to clarify City standards and procedures.
3.0 NEW STATE LEGISLATION
Provided below is a brief review of the various pieces of state legislation that went into
effect in 2025 or at the beginning of 2026 that this update integrates into the City’s
Municipal Code. The provisions introduced or altered by this legislation require
amendments to Chapters 16.15 and 5.44 of the Municipal Code. These specific
amendments can be viewed in Attachments B and D, respectively.
Assembly Bill 1061
Assembly Bill 1061 introduced several changes to California Government Code Section
66852.21 that contain provisions pertaining to minor urban lot splits (a.k.a., SB -9 Lot
Splits). These changes allow for housing development pursuant to Section 66852.21 and
minor urban lot splits on properties within a historic district, which was previously
prohibited. State law still prohibits this type of development and subdivision on properties
that are listed as historic by the state and/or the City.
Assembly Bill 2782
Prior to January 1, 2025, state law (Civil Code Section 798.17) required that long-term
leases (those longer than twelve months) be excluded from local mobile home park rent
stabilization ordinances. Assembly Bill 2782 eliminated, as of January 1, 2025, this
requirement, meaning that these local ordinances may now include long-term leases in
their rent stabilization protections.
4.0 ACCESSORY DWELLING UNITS
New State Legislation
The state legislature passed several bills pertaining to ADUs and JADUs in 2025 that are
now in effect. These bills primarily require changes to processes used in the review of
ADUs and JADUs, rather than any changes to design or zoning standards. These process
changes have been implemented by City staff.
Miscellaneous ADU-Related Changes
Staff has proposed several miscellaneous amendments related to ADUs. These changes
were identified as possible barriers to housing development, possible inconsistencies with
state law, or items that would benefit from further clarification. These proposed
amendments are as follows:
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Setbacks & Height: Both state law and the Zoning Regulations currently require
that new ADUs that include the creation of new square footage (i.e., new floor
space) are limited to a maximum height of 16 feet to be permitted a side and rear
setback of four feet. The Zoning Regulations are more permissible by allowing
ADUs to be built to a maximum height of 25 feet (in excess of state limits) but must
comply with the setback standards provided by the underlying zone , beginning at
a minimum of five feet for all residential zones.
However, state law also permits a height maximum of 18 feet with a side and rear
setback of four feet for a detached ADU on a property with a multistory multifamily
dwelling, as well as a height maximum of 25 feet with a side and rear setback of
four feet for attached ADUs. Therefore, the current Zoning Regulations described
above are inconsistent with these additional height and setback allowances
provided by state law.
Section 17.86.020 is proposed to be amended to more clearly call out the height
and setback allowances permitted under state law. (Attachment C –
17.86.020(B)(3)(c).)
Additional Height Allowance: As stated above, the Zoning Regulations currently
allow ADUs a maximum height limit of 25 feet in any zone , given that the ADU is
compliant with the underlying zone’s setback requirements. The City has received
feedback from the public to consider deferring ADU height limits to the underlying
zone, as is done for all other standards not accounted for in Section 17.86.020.
Staff considered this input and have updated this provision of Section 17.86.020
to defer to the underlying zone standards for ADU height limits.
Deferring to the underlying zone standards is more permissive than state law and
could potentially increase ADU development in certain zoning districts, like the R -
2 and R-3 zones, by allowing ADU designs to be more consistent with the typical
development pattern in said zones. This change would not impact ADUs in the R-
1 zone, as the current ADU maximum height limit of 25 feet matches the height
limit for structures in the R-1 zone. ADUs that are built with a height in excess of
state law allowances described above will be required to comply with the setback
standards of the underlying zone. (Attachment C – 17.86.020(B)(3)(d).)
Procedural Requirements: In a previous update to the Zoning Regulations
pertaining to ADUs (adopted on April 1, 2025), staff introduced a provision under
the “Procedural Requirements” subsection of Section 17.86.020 that attempted to
address issues related to attached ADUs and a “two-step” process that was
occurring with the development of ADUs pursuant to California Government Code
Section 66323. Since its implementation, this provision of the code has not been
widely used and may potentially conflict with state law.
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This provision can be interpreted as providing that any attached ADU built must be
compliant with all applicable zoning regulations, including setbacks, height, lot
coverage, and more. State law allows for the construction of attached ADUs that
are subject to the same protections and allowances afforded to detached ADUs,
which conflicts with this provision of the Municipal Code. Additionally, a separate
change made to Section 17.86.020 in the 2025 update regarding limits on the
number of ADUs permitted on a lot has addressed the underlying issue that this
procedural provision was meant to resolve. Therefore, this up date proposes an
amendment to Section 17.86.020 to remove this provision entirely. (Attachment C
– 17.86.020(B)(4)(c).)
Exceptions to Discretionary Review: The Zoning Regulations provides
instances in which additional discretionary review is required for ADU
development. These include properties that are subject to the Hillside
Development Standards (Section 17.70.090(E)) and additions to nonconforming
structures (Section 17.92.020(F)). However, state law prohibits the use of a
discretionary process to review ADUs that are compliant with all applicable ADU
state standards.
This update includes changes to Sections 17.70.090 and 17.92.020 that would
provide clear exceptions to the discretionary review process requirement under the
Hillside Development Standards and additions to nonconforming structures for
ADUs that are compliant with applicable ADU standards. (Attachment C –
17.70.090(E) & 17.92.020(G))
Expanding the ADU Definition: The Zoning Regulations provide a general
definition for ADUs. The City has received feedback from the public that additional
clarification is needed for an attached versus detached ADU. This update adds
additional language to the ADU definition provided under Section 17.156.004 that
further describes what constitutes an attached versus a detached ADU.
(Attachment C – 17.156.004)
Lot Coverage: The Zoning Regulations provide ADUs an exception to lot
coverage requirements as required by state law. The first 800 square feet of lot
coverage on a property for an ADU is exempt and anything in excess of that first
800 square feet is included in a property’s lot coverage calculation. This update
would modify the current language under Section 17.70.120 to more clearly
articulate this lot coverage exception for ADUs. (Attachment C – 17.70.120(B))
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5.0 MISCELLANEOUS CHANGES
Mobile Home Update
With Civil Code Section 798.17 repealed by AB 2782, the City is no longer required to
exclude long-term space leases from its mobile home park rent stabilization ordinance
(MHPRSO) found in Chapter 5.44 of the Municipal Code. Since the MHPRSO expressly
includes the long-term lease exemption in Section 5.44.030, rather than simply referring
to state law exemptions,1 removal of this exemption requires an amendment to the
ordinance (by deleting SLOMC 5.44.030(E)). The long-term lease exemption has been a
significant loophole utilized by mobile home park owners across the state, and Council
has directed staff to bring this amendment forward so that long-term mobile home space
leases are protected by the rent stabilization ordinance.
Staff also recommends deletion of Section 5.44.040 as a clean-up of the MHPRSO to
reflect a 1992 amendment modifying the Ordinance’s exemptions. In 1988, the City
adopted a voter-approved version of the MHPRSO, in which Section 5.44.030(F) was an
exemption for “spaces in a mobile home park in which at least 66.67% of said spaces are
governed by a lease with an initial term of more than one year.” (see Ord. 1117 (1988
Series).) In 1989, the City adopted Ordinance 1146, establishing Section 5.44.040, the
procedures for “claiming an exemption under Section 5.44.030(F),” which, at the time,
was the 2/3 long-term lease exemption established by Ordinance 1117. Section 5.44.040
has not been modified since 1989. In 1992, the City adopted Ordinance 1228, which
deleted Subsections F and G and created a new subsection F (which is the same as its
current iteration, related to factory-built housing.), however, Section 5.44.040 was not
concurrently deleted and still sets forth procedures for a Subsection F exemption that no
longer exists. Deletion of Section 5.44.040 and the reference to the 66.67% exemption in
Section 5.44.060(A) will clarify the intent of the 1992 amendment. (Attachment D –
5.44.030 & 5.44.040)
Fractional Density
Currently, the City’s Affordable Housing Incentives in Section 17.140.040 do not specify
whether to use fractional density units (density based on the number of bedrooms in each
unit) or dwelling units per acre (general number of units provided , regardless of the
number of bedrooms in each unit) when calculating the amount of density bonus units
awarded and/or the amount of affordable units to be provided by the developer.
1 Some jurisdictions have taken the position that AB 2782 automatically repealed the long-term
lease exemption within their rent stabilization ordinances. For jurisdictions like the City of
Petaluma, this makes sense because their ordinance simply included the exemptions in Civil
Code Section 798.17 by reference instead of codifying a separate exemption for long-term
leases. Rather than referring to state law, San Luis Obispo’s municipal code sets forth a
standalone long-term lease exemption that requires removal by amendment to the MHPRSO.
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Under Section 17.70.040, the City calculates the maximum allowed density for a property
based on fractional density units, not dwelling units per acre. Density for a studio/one-
bedroom dwelling is 0.50 density units if less than 600 square feet in size or 0.66 density
units if over 600 square feet but no more than 1,000 square feet in size, a two-bedroom
dwelling is 1.00 unit, a three-bedroom dwelling is 1.50 units, and a four or more-bedroom
dwelling is 2.00 units. For example, the following density bonus uses fractional density
units:
The developer for a residential project that would provide five density units worth
of dwellings applies for a 50 percent density bonus. This bonus would allow for a
total of 8 density units (after rounding), where two density units of affordable units
must be provided (after rounding). Under fractional density, the market-rate units
could be provided as eight two-bedroom units, with two of them provided as
affordable units.
However, there are two issues that occur under the current provisions provided in Section
17.140.040. Because this section does not clarify when and how fractional density can
be used, an applicant may maximize the number of market rate units built under fractional
density (e.g., six two-bedroom units) while minimizing the number of affordable units (e.g.,
two studio units, where under fractional density, two two-bedroom units would be
required).
Another issue is the way fractional density units can be applied to decrease the total
number of affordable units provided. Referring to the density bonus project example
above, the applicant is required to provide two density units of affordable housing to
qualify for a 50 percent density bonus. They provide six market -rate two-bedroom units,
but instead of two affordable two-bedroom units, they provide one four-bedroom dwelling
unit. Although under Section 17.70.140 a four-bedroom unit is worth two density units,
Density Bonus Law Section 65915(r) states that the intent of this law is to be interpreted
as favoring the production of the maximum number of total housing units, including the
affordable units. Therefore, to comply with Density Bonus Law, the applicant would be
required to provide two, two-bedroom dwellings.
This update would add language to Section 17.140.040 requiring fractional density units
to be applied consistently for both the market rate and affordable units within a density
bonus project, and that fractional density shall only be utilized in favor of pr oducing the
maximum number of affordable housing units provided. (Attachment C - 17.140.040)
Minor Urban Lot Splits and Housing Development in Historic Districts
Currently, the Subdivision Regulations prohibit minor urban lot splits, and in turn, housing
development pursuant to the same state laws that govern urban lot splits, in historic
districts and on properties listed as a historic resource by the state and/or City. This
restriction was consistent with state law at the time it was instituted.
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With the passing of Assembly Bill 1061, this restriction was modified, specifically allowing
minor urban lot splits and associated housing development on properties loca ted within
a historic district. The restriction still remains for properties that are designated as historic
resources by the state and/or City. This update would adjust this provision in Section
16.15.020 to maintain compliance with state law. (Attachment B – 16.15.020(C))
Homestay Regulations
Section 17.86.160 provides requirements, such as an owner-occupancy requirement, that
operating Homestays must comply with to apply for a Homestay permit. This update
would add language to Section 17.86.160 clarifying that these requirements must be
complied with on a continuous basis and that Homestays that do not comply with
applicable requirements shall expire. (Attachment C – 17.86.160(E))
Accessory Structures
In review of Chapter 17.70 of the Municipal Code, staff identified outdated and restrictive
provisions in Section 17.70.010 pertaining to accessory structures. This update includes
changes to Section 17.70.010 to address these items and are as follows (Attachment C
– 17.70.010):
Modifying the term “secondary dwelling unit” used in this section to “accessory
dwelling unit.” The term “secondary dwelling unit” was used to r efer to accessory
habitable space, which is now known as an ADU.
This section currently limits the number of accessory structures to three per lot,
only one of which may include a habitable accessory structure like an ADU. This
is inconsistent with both Section 17.86.020 of the City’s Municipal Code and state
law. This language would be removed and replaced with a provision specifically
stating that the limit on accessory structures would not apply to ADUs and JADUs.
This section contains a provision requiring a property owner to record a covenant
agreement disclosing the accessory structure’s approved floor plan and status and
allowing for annual inspections by the City. The City has received feedback that
this requirement is particularly restrictive for what are otherwise minor projects.
The purpose of this requirement was to prevent the illegal conversion of accessory
structures into habitable spaces. However, since this provision was added to the
Zoning Regulations, ADUs and JADUs have become highly regulated and
pathways for “illegal” ADUs to become permitted units have been instituted by
state law. This update would remove this provision entirely.
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Driveway Visibility Clarification
Section 17.70.210 provides provisions for intersection visibility requirements at roadway
intersections not controlled by a stop sign or traffic signal that prohibit plants, structures,
or other solid objects over three feet tall to be located within “sight triangles” further
described in this section. These provisions are based on Engineering Standard 7950,
which was updated in 2025, expanding this same requirement to driveway approaches.
This update would add a provision and figure specifically for driveway approach visibility
requirements to Section 17.70.210. (Attachment C – 17.70.210)
Use Permit Clarification for General Retail
Section 17.26.030(A) provides maximum gross floor area limits for retail uses in the C -N
(Neighborhood Commercial) zone. It also provides that exceptions to these limits may be
granted through the approval of a Minor Use Permit. However, Table 2-1 of Chapter 17.10
(Use Regulations) indicates a Minor Use Permit is required for approval of a general retail
use in the C-N zone.
General retail is allowed by right in the C-N zone, and staff have determined that the
“MUP” note in Table 2-1 was mistakenly provided. Previous versions of this table included
individual line items describing what was allowed by right or what required discretionary
review based on the gross floor area limits. In 2018, Table 9 (now referred to as Table 2 -
1) was updated, which included the reduction of these items to one line referring to
“General Retail” as a whole, with a note to Section 17.26.030(A) to defer to the excep tions
allowed. However, this use was marked as requiring a Minor Use Permit in the C-N zone
where it should have been marked as allowed by right. This update would remove the
“MUP” designation from Table 2-1 for general retail uses in the C-N zone. (Attachment C
– 17.10.020)
Setback Clarification for Decks
Section 17.70.170 contains provisions that permit decks with a height that exceeds 30
inches above grade to encroach into side and rear yard setbacks no more than four feet
or one-half the required setback, whichever is less. At the same time, it also provides that
certain structures, including decks with a height of 30 inches or less, may also be located
within required setbacks. However, the Municipal Code does not clearly state this, and
staff have received feedback from the public requesting this point be clarified. Thi s update
would include changes to Section 17.70.170 that clearly specify that decks with a height
of 30 inches or less above grade are not subject to setback requirements. (Attachment C
– 17.70.010(C))
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6.0 GENERAL PLAN CONSISTENCY
The proposed amendments to both Title 17 (Zoning Regulations) and Title 16
(Subdivisions) are consistent with the City’s Housing Element, specifically in promoting
Goals 5 (Housing Variety) and 6 (Housing Production). The state’s intention in
implementing the legislation discussed in this report, as well as the miscellaneous
changes proposed by City staff, is to promote and develop a diverse housing stock that
includes an increase in “missing middle” housing types (e.g., duplex, triplex, quadplex,
cottages, etc.). These revisions would allow for increased residential infill development
that contributes to the City’s 6th cycle RHNA production targets. These changes also seek
to remove barriers to housing development by limiting the use of discretionary review for
housing-related projects.
7.0 ENVIRONMENTAL REVIEW
The proposed code amendments to Title 16, Title 17, and Title 5 of the Municipal Code
have been assessed in accordance with the authority and criteria contained in the
California Environmental Quality Act (CEQA), the State CEQA Guidelines, and the
environmental regulations of the City. Specifically, the proposed amendments have been
determined to be exempt from further environmental review pursuant to CEQA Guidelines
Section 15061(b)(3), the “Common Sense” exemption, because the activity is covered by
the general rule that CEQA applies only to projects which have the potential for causing
a significant effect on the environment, and it can be seen with certainty that there is no
possibility that the activity in question may have a significant effect on the environment.
Individual discretionary developments will still be required to conduct e nvironmental
analyses as appropriate. The proposed code amendments pertaining to ADUs and
JADUs are also exempt under Public Resources Code Section 21080.17 that applies to
local ordinances implementing state regulations related to accessory dwelling units.
8.0 ALTERNATIVES
1. The Commission may modify certain proposed amendments to Chapter 16.15 of
the Subdivision Regulations, Chapters 17.10, 17.26, 17.70, 17.86, 17.92, 17.140,
and 17.156 of the Zoning Regulations, and Chapter 5.44 of the Licenses, Permits,
and Regulations, so long as they are consistent with state law.
2. The Commission may continue action if additional information is needed. Specific
direction should be given to staff if continued.
8.0 ATTACHMENTS
A – Draft Planning Commission Resolution
B – Revised Title 16 Text (Subdivision Regulations – Legislative Draft)
C – Revised Title 17 Text (Zoning Regulations – Legislative Draft)
D – Revised Title 5 Text (Licenses, Permits, and Regulations – Legislative Draft)
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RESOLUTION NO. PC-XXXX-26
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
SAN LUIS OBISPO RECOMMENDING THE CITY COUNCIL INTRODUCE
AND ADOPT AN ORDINANCE AMENDING TITLE 16 (SUBDIVISION
REGULATIONS), TITLE 17 (ZONING REGULATIONS), AND TITLE 5
(LICENSES, PERMITS, AND REGULATIONS) OF THE MUNICIPAL
CODE REGARDING ACCESSORY DWELLING UNITS, JUNIOR
ACCESSORY DWELLING UNITS, URBAN LOT SPLITS, MOBILE
HOMES, AND OTHER CLARIFICATIONS AND CHANGES TO
REGULATIONS ASSOCIATED WITH HOUSING, WITH AN EXEMPTION
FROM ENVIRONMENTAL REVIEW (CEQA) AS REPRESENTED IN THE
STAFF REPORT AND ATTACHMENTS DATED APRIL 8, 2026 (CODE-
0149-2026)
WHEREAS, on August 31, 2020, Governor Newsom approved AB 2782
implementing numerous changes to the Mobilehome Residency Law, primarily
repealing an exemption to rent control measures for long-term mobile home leases; and
WHEREAS, on October 10, 2025, Governor Newsom approved AB 1061 to
allow minor urban lot splits on properties located in a historic district ; and
WHEREAS, the City of San Luis Obispo desires to update Title 16 (Subdivision
Regulations) and Title 5 (Licenses, Permits, and Regulations) so that they may be
consistent with current state law; and
WHEREAS, a number of changes have been identified in order to clarify or
change processes related to housing development to more efficiently implement policies
and programs of the City of San Luis Obispo’s General Plan that are implemented
through Title 17 (Zoning Regulations) and align with state housing law; 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 April 8, 2026, for the purpose of recommending various amendments to Title
16, Title 17, and Title 5 of the Municipal Code to ensure consistency with state law, as
well as to clarify City standards and procedures; and
WHEREAS, notice of said public hearing was made at the time and in the manner
required by the law; and
WHEREAS, the Planning Commission has duly considered all evidence, including
the testimony of 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:
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SECTION 1. Findings. Based upon all evidence, the Planning Commission makes
the following findings:
1. The proposed amendments to Titles 16, 17, and 5 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, 17, and 5 are consistent with state law.
SECTION 2. Environmental Determination. The proposed code amendments to
Title 16, Title 17, and Title 5 of the Municipal Code have been assessed in accordance
with the authority and criteria contained in the California Environmental Quality Act
(CEQA), the State CEQA Guidelines, and the environmental regulations of the City.
Specifically, the proposed amendments have been determined to be exempt from further
environmental review pursuant to CEQA Guidelines Section 15061(b)(3), the “Common
Sense” exemption, because the activity is covered by the general rule that CEQA applies
only to projects which have the potential for causing a significant effect on the
environment, and it can be seen with certainty that there is no possibility that the activity
in question may have a significant effect on the environment. Individual discretionary
developments will still be required to conduct environmental analyses as appropriate. The
proposed code amendments pertaining to ADUs and JADUs are also exempt under
Public Resources Code Section 21080.17 that applies to local ordinances implementing
state regulations related to accessory dwelling units.
SECTION 3. Action. The Planning Commission hereby recommends to the City
Council the introduction and adoption of an ordinance to amend Title 16 (Subdivision
Regulations), Title 17 (Zoning Regulations), and Title 5 (Licenses, Permits, and
Regulations) of the City’s Municipal Code regarding accessory and junior accessory
dwelling units, urban lot splits, mobile homes, and other clarifications and changes to
regulations associated with housing, as set forth in Attachments B, C, and D.
Upon motion of ______________________, seconded by __________________ and
on the following roll call vote:
AYES:
NOES:
ABSENT:
The foregoing resolution was passed and adopted this 8th day of April, 2026.
_____________________________
Tyler Corey, Secretary
Planning Commission
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16.15.020 Qualifying requirements.
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.
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 California Government Code 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 California Government
Code Section 65913.4(a)(6)(B) through 65913.4(a)(6)(K), inclusive, 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 conservation or habitat preservation as specifically defined in
California Government Code Section 65913.4.
2. A major urban lot split shall not be located on any site identified in California Government
Code Section 66499.41(a)(9)(A) through 66499.41(a)(9)(J), inclusive, 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 conservation 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 California Government Code Section 66411.7(a)(3)(D)
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and (F). A major urban lot split shall not require the demolition or alteration of the types of housing
identified in California Government Code Section 66499.41(a)(8).
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.
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 of the minor urban lot split, or in the case of a vacant property a minimum of three
Page 24 of 94
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.
L. Housing Unit Specifications. Housing units on a major urban lot split shall be one of the housing
unit types identified in California Government Code Section 66499.41(a)(4).
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 forty-five 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 California Government Code
Section 65583.2(c)(3)(B), 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. (Ord. 1743 § 5, 2025; Ord. 1729 § 4 (Exh. A), 2023)
Page 25 of 94
Page 26 of 94
17.10.020 Use regulations by zone.
A. Allowed Uses. Uses within zones shall be regulated as set forth in Table 2-1: Uses Allowed by
Zone, subject to subsections B through F of this section and additional regulations specified in the
Specific Use Regulations column of Table 2-1. Land uses are defined in Chapter 17.156 (Land Use
Definitions). In Table 2-1, symbols shall have these meanings:
A The use is allowed as a matter of right.
MUP The use requires a minor use permit approved by the director, as provided in Section 17.110.030
(Procedure—Minor Use Permit).
CUP The use requires a conditional use permit approved by the planning commission, as provided in
Section 17.110.030 (Procedure—Minor Use Permit).
M/A The use is allowed above the ground floor only. Subject to minor use permit review, the use may be
established on the ground floor.
Variations to allowed uses in Table 2-1: Uses Allowed by Zone may be permitted or required by
Chapter 17.50: Specific Plan (SP) Overlay Zone, Chapter 17.52: Special Focus Area (S-F) Overlay
Zone, and Chapter 17.60: Special Considerations (S) Overlay Zone.
B. Interpretation of Use Listing.
1. Director’s Determination. In cases where a specific land use or activity is not defined, the
director shall assign the land use or activity to a classification that is substantially similar in
character per Section 17.04.030(B) (Director’s Determination). This interpretation procedure
shall not be used as a substitute for the amendment procedure as a means of adding new types
of uses to a zone.
2. Uses Not Listed and Not Substantially Similar. Any use not expressly allowed by these
zoning regulations is prohibited.
C. Primary and Accessory Uses. Listed uses are primary uses. Accessory uses are allowed only
where a primary use is established, as defined in Section 17.158.046 (U Definitions). An accessory
use may be allowed if it is listed as an allowed or conditionally allowed use in Table 2-1 for the
applicable zone. Bars and taverns, live entertainment, or other uses or activities as identified in
Article 4 of this title (Regulations for Specific Land Uses and Activities), are not considered accessory
uses, unless specifically defined as accessory in Article 4 of this title (Regulations for Specific Land
Uses and Activities) or Article 9 of this title (Definitions).
Page 27 of 94
D. Airport Land Use Plan. Land uses within the Airport Land Use Plan (ALUP) boundaries shall be
consistent with ALUP Table 4-5 (Airport Land Use Compatibility Table) as identified in the Amended
and Restated San Luis Obispo County Regional Airport (SBP) Airport Land Use Plan. Properties
within specific plan areas that are also within the boundaries of the ALUP Airport Influence Area
(AIA), shall be reviewed for conformance with the standards of their respective specific plans, which
have received a determination of consistency with the ALUP from the Airport Land Use Commission.
E. Specific Plan Consistency. See Section 17.02.080 (Relationship to Specific Plans).
F. Prohibited Uses. The following uses are prohibited in all zones:
1. RESERVED;
2. Drive-through facilities;
3. Large-scale retail with over 140,000 square feet of gross floor area;
4. Livestock feed lots;
5. Mineral extraction and commercial mining;
6. Onshore support facilities for offshore oil or gas development;
7. Vacation rentals. See also Section 17.86.160 (Homestay Rentals).
Table 2-1: Uses Allowed by Zone
Key:
A = Allowed; MUP = Minor Use Permit approval required; CUP = Conditional
Use Permit approval required
M/A = Minor Use Permit approval required on ground floor along street
frontage, allowed on second floor or above
Land Use
Permit Requirement by Zoning District
Specific Use
Regulations AG C/O
S
R-
1
R-
2
R-
3
R-
4 PF O C-
N
C-
C
C-
R
C-
D
C-
T C-S M BP
AGRICULTURE
Agricultural
Accessory
Structure
A A
Page 28 of 94
Table 2-1: Uses Allowed by Zone
Key:
A = Allowed; MUP = Minor Use Permit approval required; CUP = Conditional
Use Permit approval required
M/A = Minor Use Permit approval required on ground floor along street
frontage, allowed on second floor or above
Land Use
Permit Requirement by Zoning District
Specific Use
Regulations AG C/O
S
R-
1
R-
2
R-
3
R-
4 PF O C-
N
C-
C
C-
R
C-
D
C-
T C-S M BP
Animal
Husbandry and
Grazing
A A
Community
Garden
A MUP A A A A A
Crop Production A A A MU
P
MU
P
Greenhouse/Pla
nt Nursery,
Commercial
CU
P
CUP
INDUSTRY, MANUFACTURING AND PROCESSING, WHOLESALING
Fuel Dealer
(propane, etc.)
MU
P
A See also Sec.
17.74.060
Laboratory—
Medical,
Analytical,
Research,
Testing
CU
P
A A A A See also Sec.
17.74.060
Manufacturing—
Heavy
CUP CUP See also Sec.
17.74.060
Page 29 of 94
Table 2-1: Uses Allowed by Zone
Key:
A = Allowed; MUP = Minor Use Permit approval required; CUP = Conditional
Use Permit approval required
M/A = Minor Use Permit approval required on ground floor along street
frontage, allowed on second floor or above
Land Use
Permit Requirement by Zoning District
Specific Use
Regulations AG C/O
S
R-
1
R-
2
R-
3
R-
4 PF O C-
N
C-
C
C-
R
C-
D
C-
T C-S M BP
Manufacturing—
Light
A A A See also Sec.
17.74.060
Recycling
Recycling—
Collection
Facility
MU
P
MU
P
MU
P
A
Recycling—
Processing
Facility
MU
P
Research and
Development
A MU
P
A See also Sec.
17.74.060
Salvage and
Wrecking
MU
P
Warehousing, Storage, and Distribution
Outdoor Storage MU
P
MU
P
Personal
Storage
A A
Page 30 of 94
Table 2-1: Uses Allowed by Zone
Key:
A = Allowed; MUP = Minor Use Permit approval required; CUP = Conditional
Use Permit approval required
M/A = Minor Use Permit approval required on ground floor along street
frontage, allowed on second floor or above
Land Use
Permit Requirement by Zoning District
Specific Use
Regulations AG C/O
S
R-
1
R-
2
R-
3
R-
4 PF O C-
N
C-
C
C-
R
C-
D
C-
T C-S M BP
Warehousing
and Indoor
Storage
A A MU
P
Wholesaling and
Distribution
A A MU
P
LODGING
Bed and
Breakfast
Establishment
MU
P
CU
P
CU
P
A A A See Sec.
17.86.070
Homeless
Shelter
A A A A A A A A A A A A See Sec.
17.86.150 and
GC Sec.
65583(a)(4)
Hostel CU
P
CU
P
A A A
Hotels and
Motels
A A A CUP CUP
RV Parks CU
P
PUBLIC AND QUASI-PUBLIC USES
Page 31 of 94
Table 2-1: Uses Allowed by Zone
Key:
A = Allowed; MUP = Minor Use Permit approval required; CUP = Conditional
Use Permit approval required
M/A = Minor Use Permit approval required on ground floor along street
frontage, allowed on second floor or above
Land Use
Permit Requirement by Zoning District
Specific Use
Regulations AG C/O
S
R-
1
R-
2
R-
3
R-
4 PF O C-
N
C-
C
C-
R
C-
D
C-
T C-S M BP
Cultural
Institutions
CU
P
A A A CU
P
Hospitals and Clinics
Clinic MU
P
MU
P
A MU
P
MU
P
MU
P
See Sec.
17.36.030(C)
and Sec.
17.42.030(A)
Hospital CU
P
CU
P
Park and
Recreation
Facilities
A A A A A A A A A A A A A A Parks and
Recreation
Commission
review required
Public Assembly
Facilities
CU
P
A MU
P
MU
P
M/
A
MU
P
CUP
Religious
Assembly
Facilities
CU
P
MU
P
MU
P
MU
P
MU
P
A MU
P
MU
P
A M/
A
MU
P
MU
P
MU
P
See 42 USC
§ 2000cc et
seq.
Schools—
Colleges
CU
P
Page 32 of 94
Table 2-1: Uses Allowed by Zone
Key:
A = Allowed; MUP = Minor Use Permit approval required; CUP = Conditional
Use Permit approval required
M/A = Minor Use Permit approval required on ground floor along street
frontage, allowed on second floor or above
Land Use
Permit Requirement by Zoning District
Specific Use
Regulations AG C/O
S
R-
1
R-
2
R-
3
R-
4 PF O C-
N
C-
C
C-
R
C-
D
C-
T C-S M BP
Schools—
Primary and
Secondary
CU
P
CU
P
MU
P
MU
P
CU
P
CU
P
CU
P
MU
P
CUP See Sec.
17.86.240
Schools—Trade
Schools
CU
P
MU
P
CU
P
MU
P
MU
P
In the C-D
zone, Trade
Schools are not
allowed on the
ground floor
Sports and
Entertainment
Assembly
Facility
CU
P
CUP
RESIDENTIAL USES
General Residential Housing Types
Single-Unit
Dwellings,
Detached
A CUP A A A A A MU
P
Multi-Unit
Residential
A A A A MU
P
Boarding House CU
P
CU
P
MU
P
MU
P
Page 33 of 94
Table 2-1: Uses Allowed by Zone
Key:
A = Allowed; MUP = Minor Use Permit approval required; CUP = Conditional
Use Permit approval required
M/A = Minor Use Permit approval required on ground floor along street
frontage, allowed on second floor or above
Land Use
Permit Requirement by Zoning District
Specific Use
Regulations AG C/O
S
R-
1
R-
2
R-
3
R-
4 PF O C-
N
C-
C
C-
R
C-
D
C-
T C-S M BP
Caretaker
Quarters
A A A A A A A A A A A A A A A MU
P
Continuing Care
Community
MU
P
MU
P
MU
P
MU
P
MU
P
MU
P
MU
P
Elderly and
Long-Term Care
MU
P
MU
P
MU
P
M/
A
M/
A
MU
P
Family Day Care
(Small and
Large)
A A A A A A A A A A A A A See Sec.
17.86.100 and
H&SC Sec.
1597.40
Fraternities and
Sororities
CU
P
CU
P
Section
17.86.130
Hospice In-
Patient Facility
CU
P
CU
P
MU
P
CU
P
CU
P
MU
P
Mobile Home
Park
A A A A See GC Sec.
65852.7,
65863.7,
65863.8
Residential Care
Facilities—6 or
Fewer Residents
A A A A A A M/
A
M/
A
M/
A
MU
P
Multiple state
statutes
Page 34 of 94
Table 2-1: Uses Allowed by Zone
Key:
A = Allowed; MUP = Minor Use Permit approval required; CUP = Conditional
Use Permit approval required
M/A = Minor Use Permit approval required on ground floor along street
frontage, allowed on second floor or above
Land Use
Permit Requirement by Zoning District
Specific Use
Regulations AG C/O
S
R-
1
R-
2
R-
3
R-
4 PF O C-
N
C-
C
C-
R
C-
D
C-
T C-S M BP
Residential Care
Facilities—7 or
More Residents
MU
P
MU
P
MU
P
MU
P
MU
P
MU
P
MU
P
Multiple state
statutes
Supportive
and/or
Transitional
Housing, with
On- or Off-Site
Services
A A A A MU
P
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 one
hundred
percent
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
Page 35 of 94
Table 2-1: Uses Allowed by Zone
Key:
A = Allowed; MUP = Minor Use Permit approval required; CUP = Conditional
Use Permit approval required
M/A = Minor Use Permit approval required on ground floor along street
frontage, allowed on second floor or above
Land Use
Permit Requirement by Zoning District
Specific Use
Regulations AG C/O
S
R-
1
R-
2
R-
3
R-
4 PF O C-
N
C-
C
C-
R
C-
D
C-
T C-S M BP
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
COMMERCIAL USES
Adult
Entertainment
Businesses
A A See Sec.
17.86.030 and
GC Section
65850.4
Animal Care, Sales and Services
Animal
Boarding/Kennel
s
CU
P
MU
P
MU
P
Outdoor runs
and kennel
areas shall be
allowed only in
the C-S zone.
Page 36 of 94
Table 2-1: Uses Allowed by Zone
Key:
A = Allowed; MUP = Minor Use Permit approval required; CUP = Conditional
Use Permit approval required
M/A = Minor Use Permit approval required on ground floor along street
frontage, allowed on second floor or above
Land Use
Permit Requirement by Zoning District
Specific Use
Regulations AG C/O
S
R-
1
R-
2
R-
3
R-
4 PF O C-
N
C-
C
C-
R
C-
D
C-
T C-S M BP
See also Sec.
17.86.170
Animal
Grooming
A A A A A MU
P
Animal Retail
Sales
MU
P
A A A A
Veterinary
Services, Large
Animal
CU
P
MU
P
MU
P
Veterinary
Services, Small
Animal
A A A A M/
A
A
Banks and Financial Institutions
ATMs A A A A A A A A A
Banks and
Credit Unions
A A A A MU
P
MU
P
MU
P
See Sec.
17.36.030(B)
and Sec.
17.40.030(A)
Check Cashing
Shops/Payday
Loans
MU
P
MU
P
Page 37 of 94
Table 2-1: Uses Allowed by Zone
Key:
A = Allowed; MUP = Minor Use Permit approval required; CUP = Conditional
Use Permit approval required
M/A = Minor Use Permit approval required on ground floor along street
frontage, allowed on second floor or above
Land Use
Permit Requirement by Zoning District
Specific Use
Regulations AG C/O
S
R-
1
R-
2
R-
3
R-
4 PF O C-
N
C-
C
C-
R
C-
D
C-
T C-S M BP
Business
Services
A A A M/
A
A A A
Cemetery CUP CU
P
CU
P
CU
P
CU
P
CU
P
CU
P
CU
P
CUP CUP
Commercial
Recreation—
Large Scale
CU
P
CU
P
CU
P
CU
P
CU
P
CUP CUP MU
P
See Sec.
17.36.030(D)
Commercial
Recreation—
Small Scale
MU
P
MU
P
A A A A A A MU
P
Day Care Center MU
P
MU
P
MU
P
MU
P
MU
P
A A A A M/
A
MU
P
MU
P
MU
P
MU
P
See Sec.
17.86.100
Eating and Drinking Establishments
Bars and
Taverns
MU
P
MU
P
MU
P
MU
P
MU
P
MU
P
See also Sec.
17.86.040 and
Sec. 17.86.050
Restaurant A A A A A A MU
P
MU
P
Restaurant with
Late Hour
Alcohol Service
MU
P
MU
P
MU
P
MU
P
MU
P
MU
P
MU
P
MU
P
See Sec.
17.86.040 and
Sec. 17.86.050
Page 38 of 94
Table 2-1: Uses Allowed by Zone
Key:
A = Allowed; MUP = Minor Use Permit approval required; CUP = Conditional
Use Permit approval required
M/A = Minor Use Permit approval required on ground floor along street
frontage, allowed on second floor or above
Land Use
Permit Requirement by Zoning District
Specific Use
Regulations AG C/O
S
R-
1
R-
2
R-
3
R-
4 PF O C-
N
C-
C
C-
R
C-
D
C-
T C-S M BP
Food and Beverage Sales
General Market A A A A CU
P
See Sec.
17.26.030(B)(1)
Convenience
Store
MU
P
MU
P
MU
P
A A A A A MU
P
MU
P
MU
P
See Sec.
17.26.030(B)(1)
and Sec.
17.86.090
Produce Stand MU
P
MUP A A A A
Liquor Store MU
P
MU
P
MU
P
MU
P
CU
P
See Sec.
17.26.030(B)(2)
and Sec.
17.86.040
Food
Preparation
A A A
Funeral Parlors
and Interment
Services
MU
P
MU
P
A MU
P
Instructional
Services
MU
P
CU
P
MU
P
M/
A
A M/
A
CU
P
A MU
P
Page 39 of 94
Table 2-1: Uses Allowed by Zone
Key:
A = Allowed; MUP = Minor Use Permit approval required; CUP = Conditional
Use Permit approval required
M/A = Minor Use Permit approval required on ground floor along street
frontage, allowed on second floor or above
Land Use
Permit Requirement by Zoning District
Specific Use
Regulations AG C/O
S
R-
1
R-
2
R-
3
R-
4 PF O C-
N
C-
C
C-
R
C-
D
C-
T C-S M BP
Maintenance
and Repair
Services
A A CUP
Offices
Business and
Professional
Offices
MU
P
A A A M/
A
M/A MU
P
MU
P
In the C-S zone,
a Minor Use
Permit is
required for
office uses on
the ground
floor. See also
Sec.
17.36.030(B)
and Sec.
17.40.030(A)
Medical and
Dental Offices
A A A M/
A
MU
P
MU
P
See Sec.
17.36.030(C)
Personal
Services
A A A A MU
P
A MU
P
Retail Sales See Secs.
17.26.030(A),
17.30.030(A),
17.32.030,
17.34.030(A)
Page 40 of 94
Table 2-1: Uses Allowed by Zone
Key:
A = Allowed; MUP = Minor Use Permit approval required; CUP = Conditional
Use Permit approval required
M/A = Minor Use Permit approval required on ground floor along street
frontage, allowed on second floor or above
Land Use
Permit Requirement by Zoning District
Specific Use
Regulations AG C/O
S
R-
1
R-
2
R-
3
R-
4 PF O C-
N
C-
C
C-
R
C-
D
C-
T C-S M BP
and
17.36.030(A)
Building
Materials and
Services—
Indoor
A A A A A
Building
Materials and
Services—
Outdoor
MU
P
A MU
P
A A
Extended Hour
Retail
MU
P
MU
P
MU
P
MU
P
MU
P
MU
P
MU
P
MU
P
General Retail A
MU
P
A A A MU
P
MU
P
Large-Scale
Retail
CU
P
CU
P
CU
P
Nurseries and
Garden Centers
CU
P
A A
Theaters CU
P
MU
P
MU
P
MU
P
MU
P
Only nonprofit
theaters are
allowed in the
Page 41 of 94
Table 2-1: Uses Allowed by Zone
Key:
A = Allowed; MUP = Minor Use Permit approval required; CUP = Conditional
Use Permit approval required
M/A = Minor Use Permit approval required on ground floor along street
frontage, allowed on second floor or above
Land Use
Permit Requirement by Zoning District
Specific Use
Regulations AG C/O
S
R-
1
R-
2
R-
3
R-
4 PF O C-
N
C-
C
C-
R
C-
D
C-
T C-S M BP
PF zone. See
also Sec.
17.86.030
Vehicle Sales and Services
Auto and
Vehicle Sales
and Rental
MU
P
CU
P
A MU
P
Large Vehicle,
Construction
and Heavy
Equipment
Sales, Service,
and Rental
MU
P
A
Service Stations MU
P
MU
P
MU
P
MU
P
A See Secs.
17.86.060 and
17.86.250
Vehicle
Services—Major
Repair/Body
Work
A A MU
P
Vehicle
Services—Minor
CU
P
MU
P
A A MU
P
Page 42 of 94
Table 2-1: Uses Allowed by Zone
Key:
A = Allowed; MUP = Minor Use Permit approval required; CUP = Conditional
Use Permit approval required
M/A = Minor Use Permit approval required on ground floor along street
frontage, allowed on second floor or above
Land Use
Permit Requirement by Zoning District
Specific Use
Regulations AG C/O
S
R-
1
R-
2
R-
3
R-
4 PF O C-
N
C-
C
C-
R
C-
D
C-
T C-S M BP
Repair/Maintena
nce
Vehicle
Services—
Washing
MU
P
MU
P
CU
P
MU
P
MU
P
TRANSPORTATION, COMMUNICATIONS, AND UTILITIES
Airport CU
P
CUP CUP MU
P
Wireless
Telecommunicat
ions Facilities
MU
P
MUP MU
P
MU
P
MU
P
MU
P
MU
P
MU
P
MU
P
MU
P
MU
P
See Sec.
17.86.290, 47
USC Sec.
332(c)(7) of the
Telecommunica
tions Act, Pub.
Util. Code Sec.
7901 et seq.,
GC Sec.
65850.6
Freight/Truck
Terminals
A A MU
P
Light Fleet-
Based Services
A MU
P
MU
P
Page 43 of 94
Table 2-1: Uses Allowed by Zone
Key:
A = Allowed; MUP = Minor Use Permit approval required; CUP = Conditional
Use Permit approval required
M/A = Minor Use Permit approval required on ground floor along street
frontage, allowed on second floor or above
Land Use
Permit Requirement by Zoning District
Specific Use
Regulations AG C/O
S
R-
1
R-
2
R-
3
R-
4 PF O C-
N
C-
C
C-
R
C-
D
C-
T C-S M BP
Media Production
Backlots and
Soundstages
MU
P
MU
P
MU
P
Broadcast
Studios
A A M/
A
A A A
Heliport CU
P
CU
P
CUP CUP
Parking Facilities CU
P
CU
P
CU
P
CU
P
CUP CUP See Sec.
17.86.200
Public Safety
Facilities
CU
P
CUP
Transit Station
or Terminal
CU
P
CU
P
CU
P
MU
P
A
Utilities Facilities Ground-
mounted
equipment in
residential
zones shall be
screened by
landscaping to
Facilities with
On-Site Staff
CU
P
CUP CU
P
CU
P
CU
P
CU
P
CU
P
CU
P
CU
P
CU
P
CU
P
CU
P
CU
P
CUP CUP CUP
Facilities with
No On-Site Staff
(unmanned)
MU
P
MUP MU
P
MU
P
MU
P
MU
P
MU
P
MU
P
MU
P
MU
P
MU
P
MU
P
MU
P
MU
P
MU
P
MU
P
Page 44 of 94
Table 2-1: Uses Allowed by Zone
Key:
A = Allowed; MUP = Minor Use Permit approval required; CUP = Conditional
Use Permit approval required
M/A = Minor Use Permit approval required on ground floor along street
frontage, allowed on second floor or above
Land Use
Permit Requirement by Zoning District
Specific Use
Regulations AG C/O
S
R-
1
R-
2
R-
3
R-
4 PF O C-
N
C-
C
C-
R
C-
D
C-
T C-S M BP
Transmission
Lines
CU
P
CUP CU
P
CU
P
CU
P
CU
P
CU
P
CU
P
CU
P
CU
P
CU
P
CU
P
CU
P
CUP CUP CUP the satisfaction
of the director
CANNABIS ACTIVITY
Cannabis See Section
17.86.080
Specialty
Cultivator
MU
P
MU
P
MU
P
Small Cultivator MU
P
MU
P
MU
P
Nursery MU
P
MU
P
MU
P
Manufacturing MU
P
MU
P
MU
P
Distributor MU
P
MU
P
MU
P
Microbusiness CU
P
MU
P/
CUP
MU
P/
CUP
MU
P/
CUP
See Sec.
17.86.080(E)(1
2) for specific
requirements
per zone
Page 45 of 94
Table 2-1: Uses Allowed by Zone
Key:
A = Allowed; MUP = Minor Use Permit approval required; CUP = Conditional
Use Permit approval required
M/A = Minor Use Permit approval required on ground floor along street
frontage, allowed on second floor or above
Land Use
Permit Requirement by Zoning District
Specific Use
Regulations AG C/O
S
R-
1
R-
2
R-
3
R-
4 PF O C-
N
C-
C
C-
R
C-
D
C-
T C-S M BP
Testing CU
P
A A A Director’s action
required. See
also Sec.
17.86.080(E)(9)
Retailer
(Delivery Only)
MU
P
MU
P
MU
P
Retailer
(Storefront With
or Without
Delivery)
CU
P
CUP Existing retail
storefronts that
wish to provide
delivery
services shall
modify their
existing
conditional use
permit to
include delivery.
SPECIFIC AND TEMPORARY LAND USES
Educational
Conferences
Housing
MU
P
MU
P
MU
P
MU
P
Homestay
Rentals
See Sec. 17.86.160
Page 46 of 94
Table 2-1: Uses Allowed by Zone
Key:
A = Allowed; MUP = Minor Use Permit approval required; CUP = Conditional
Use Permit approval required
M/A = Minor Use Permit approval required on ground floor along street
frontage, allowed on second floor or above
Land Use
Permit Requirement by Zoning District
Specific Use
Regulations AG C/O
S
R-
1
R-
2
R-
3
R-
4 PF O C-
N
C-
C
C-
R
C-
D
C-
T C-S M BP
Home
Occupation
See Sec. 17.86.140
Food Trucks See Sec. 17.86.120
Nightclubs and
Live
Entertainment
MU
P
MU
P
MU
P
MU
P
MU
P
MU
P
Office—
Temporary
See Chapter 17.113
Outdoor
Temporary
and/or Seasonal
Sales
See Sec. 17.86.190 and Chapter 17.113
Parking
Facility—
Temporary
CU
P
MU
P
MU
P
MU
P
MU
P
MU
P
MU
P
MU
P
MU
P
MU
P
See Chapter
17.113
Safe Parking CU
P
CU
P
CU
P
CU
P
CU
P
CU
P
CU
P
CU
P
CU
P
CU
P
CU
P
CUP CUP See Sec.
17.86.230
Special Event MU
P
MU
P
MU
P
MU
P
MU
P
MU
P
MU
P
MU
P
MU
P
See Chapter
17.113
Vending
Machine
See Section 17.86.280
Page 47 of 94
(Ord. 1743 § 11, 2025; Ord. 1740 § 3, 2024; Ord. 1739 § 3, 2024; Ord. 1705 §§ 6—8, 2021; Ord. 1657 §§ 3, 4,
2019; Ord. 1650 § 3 (Exh. B), 2018; Ord. 1647 § 6 (Exh. C), 2018)
17.26.030 Additional regulations.
A. Maximum Retail Sales Building Size in the C-N Zone. A retail sales use in the C-N zone shall not
exceed a gross floor area of two thousand square feet for each establishment, or a combined floor
area of fifteen thousand square feet for all retail sales establishments within a shopping center,
unless an approved minor use permit finds the use is consistent with applicable policies of the
General Plan Land Use Element and is compatible with surrounding uses. A general retail sales use
that does not exceed the floor area thresholds above is allowed and does not require a minor use
permit. Exceptions to the floor area limitations above require minor use permit approval to ensure
consistency with policies of the General Plan Land Use Element and compatibility with surrounding
uses.
B. Food and Beverage Sales in the C-N Zone.
1. General Markets and Convenience Stores. General markets and convenience stores with a
gross floor area under three thousand square feet are allowed by right. Such uses with a gross
floor area exceeding three thousand square feet may be approved by a minor use permit.
2. Liquor Stores. Liquor stores shall be limited to three thousand square feet of gross floor
area, subject to a minor use permit.
C. Number of Parking Spaces Required in the C-N Zone. See Section 17.72.030(C) (Minimum
Number of Spaces Required in the C-N Zone). (Ord. 1705 § 14, 2021; Ord. 1650 § 3 (Exh. B), 2018)
17.70.010 Accessory structures.
A. Purpose.
1. Regulations on accessory structures are established to provide a distinction between
nonhabitable accessory structures (e.g., garage, storage shed, shop building) and accessory
living spaces (e.g., accessory dwelling unit secondary dwelling units, guest quarters, office, pool
house, etc.). These regulations establish standards which prevent the conversion of accessory
Page 48 of 94
structures into unpermitted living space to ensure that such structures are not used as separate
dwelling units.
2. Unpermitted conversion of accessory structures is detrimental to the public health, safety,
and welfare of the community.
B. Applicability.
1. Application. This section shall apply to:
a. New Structures. All new structures, as defined in the building code, located on the
same site as the primary structure or use to which it is accessory, including, but not limited
to, garages, carports, porte-cocheres, sheds, workshops, gazebos, greenhouses, cabanas,
trellises, play structures, aviaries, covered patios, etc.
b. Decks and Patios. Decks and patios that are 30 inches above the ground elevation,
excluding aboveground pools.
2. Exclusion. This section shall not apply to legally established dwellings, accessory dwelling
units as defined in Section 17.156.004 (A Definitions), and guest quarters as defined in Section
17.158.018 (G Definitions). Accessory structures that include habitable space, as defined by the
California Building Code, shall be regulated by Section 17.86.020 (Accessory Dwelling Units and
Guest Quarters).
C. Development Standards.
1. General Development Standards. Accessory structures shall conform to all applicable zoning
regulations such as height, yards, parking, building coverage, setbacks (unless otherwise
allowed, see Section 17.70.170(C)), etc.
2. Incidental Use. The use of an accessory structure is incidental, and subordinate to the use
of the principal structure, or to the principal land use of the site.
3. Form. Accessory structures may consist of detached structures or additions to primary
structures.
4. No Bathing Facilities. No bathing facilities (e.g., shower, bathtub) may be installed. Plans
submitted for a building permit may not include spaces within a bathroom designed for the later
addition of bathing facilities.
5. Limit on Total Number in Residential Zones. In residential zones, no more than three
accessory structures shall be permitted per lot, only one of which may include a habitable
Page 49 of 94
accessory structure such as an accessory dwelling unit or guest quarters. This limit does not
apply to accessory and junior accessory dwelling units.
D. Process Requirements.
1. Building Permit. Development of an accessory structure shall require approval of a building
permit from the city’s building division.
2. Design Review. Plans submitted for a building permit shall be reviewed for consistency with
the city’s community design guidelines and general development requirements of the zoning
regulations.
3. Owners Agreement with the City. Prior to the issuance of construction permits, a covenant
agreement shall be recorded that discloses the structure’s approved floor plan and status as an
“accessory structure” which cannot contain living space, including bathing facilities or a kitchen.
This agreement shall be recorded in the office of the county recorder to provide constructive
notice to all future owners of the property. The covenant agreement also may contain
authorization for annual inspections, and to allow the city upon reasonable time and notice to
inspect the premises for compliance with the agreement and to verify continued compliance
with requirements of this section and Health and Safety Codes. (Ord. 1650 § 3 (Exh. B), 2018)
17.70.070 Fences, walls, and hedges.
A. Purpose. The purpose of these regulations is to achieve a balance between concerns for privacy
and public concerns for enhancement of the community appearance, visual image of the
streetscape, overall character of neighborhoods, and to ensure the provision of adequate light, air,
and public safety.
B. Application. These regulations apply to any type of visible or tangible obstruction that has the
effect of forming a physical or visual barrier between properties or between property lines and the
public right-of-way, including but not limited to: any type of artificially constructed barriers of wood,
metal, or concrete posts connected by boards, rails, panels, wire or mesh, and any type of natural
growth such as hedges and screen plantings.
C. Standards for Fences Located within Required Setbacks. Fences, walls or hedges may be placed
within required setbacks, provided they do not exceed maximum height limitations and comply with
the following standards:
Page 50 of 94
1. Fence Height within Front Setback. The maximum height of a fence, wall, or hedge shall not
exceed six feet; except within any front setback, the maximum fence, wall, or hedge height
shall be as shown in Figure 3-4: Fence, Wall, and Hedge Height in Front Setbacks. See also
Section 17.70.210 (Vision Clearance Triangle at Intersections).
Figure 3-4. Fence, Wall, and Hedge Maximum Height in Front Setbacks
2. Corner Lots Fence Height within Street Side Setbacks. On corner lots, the maximum height
of a fence, wall, or hedge shall not exceed six feet; except within any street side setback, the
maximum fence, wall, or hedge height shall be as shown in Figure 3-5: Fence, Wall, and Hedge
Height in Street Side Setbacks (Corner Lots). See also Section 17.70.210 (Vision Clearance
Triangle at Intersections).
Figure 3-5. Fence, Wall, and Hedge Maximum Height in Street Side Setbacks
(Corner Lots)
Page 51 of 94
3. Driveway Gates. In the R-1 zone, gates across driveways shall be set back a minimum of
ten feet behind the property line. In all other zones, gates across driveways shall allow for
adequate space to queue vehicles entering the property consistent with Section 12.38.040
(Parking and driveway standards).
4. Interior Side and Rear Setback Height. The maximum height of a fence, wall, or hedge in
any interior side or rear setback shall be six feet.
5. Arbors, Trellises, and Ornamental Features.
a. General. Arbors, trellises, and other similar ornamental features are allowed within a
required setback subject to the same height limits that apply to fences, walls, and hedges,
except as provided in subsection (C)(5)(b) of this section.
b. Street Side and Front Setback. Up to one arbor, trellis, or other similar ornamental
feature per street frontage is allowed with a maximum height of nine feet, and an area of
not more than forty square feet as measured by the perimeter formed by the vertical
projection to the ground of the outermost elements of the feature, and no horizontal
dimension shall exceed eight feet in length. Any portion of such a feature wider than
eighteen inches and that exceeds the usual fence height requirements of this section shall
be of an open design such that a person standing on the adjacent public right-of-way can
see completely through at least fifty percent of the structure to the depth of the required
street yard (see Figure 3-6: Arbors in Front and Street Side Setbacks). Such features within
required setbacks shall not be connected to another structure or building. For the purposes
of this section, the term “connected” shall include structures that are rigidly joined by
structural components. Such features within required setbacks shall not be constructed of
heavy materials such as masonry or metal. Such features within required setbacks comply
with Section 17.70.210 (Vision Clearance Triangle at Intersections).
Page 52 of 94
Figure 3-6. Arbors in Front and Street Side Setbacks
6. Pilasters. Decorative pilasters, statuary, flower pots, and similar ornamental elements
attached to or incorporated into the design of conforming fences or walls may exceed the
required height limit up to 18 inches, provided that the decorative element is not wider than
eighteen inches and that such elements are used to define a gateway or other entryway or are
otherwise at least four feet apart.
D. Standards for Fences Located Outside of Required Setback Areas. Fences, walls, and arbors may
be placed outside required setbacks, provided:
1. The maximum fence, wall, arbor or hedge height is eight feet.
2. Where the fence, wall, or arbor is connected to and a part of a building, it may be any
height allowed in the underlying zone.
E. Fence Height with Difference in Grade. Fence height is measured from the adjacent grade along
the lower side of the wall, fence, or hedge, directly at the base of the wall or fence.
F. Measurement of Height Where Fences or Walls Are Located on Retaining Walls.
1. Where fences or walls are located on retaining walls, the height of the retaining wall shall
be considered as part of the overall height of the fence or wall. Walls or fences must have a
minimum spacing of five feet between each other to be considered separate structures for
purposes of measuring overall height.
Page 53 of 94
2. Where fences are located on a berm or mound, the height of the fence shall include the
berm or mound directly beneath the fence and above natural grade in the overall height
measurement.
3. Where fences are located on retaining walls within interior side or rear setbacks, fences
shall not exceed six feet as measured from the uphill side if erected or replaced on top of the
retaining walls, and the combined fence and retaining wall height shall not exceed nine feet
from the lower side, provided no modification of grade has occurred from the original
subdivision improvements and/or design approvals. A building permit is required for the
combined fence and retaining wall height that exceeds six feet. If there is evidence that a
modification to the grade has occurred from the original subdivision/design approvals, the
height must be authorized through a fence height exception pursuant to Chapter 17.108
(Director’s Action). For retaining walls in hillside areas, see also Section 17.70.090(C)(3)
(Retaining Walls).
G. Intersection and Driveway Visibility. Notwithstanding other provisions of this section, fences,
walls, and hedges shall comply with Section 17.70.210 (Vision Clearance Triangle at Intersections
and Driveways).
H. Director’s Action. The director, through a director’s action, may grant exceptions to standards of
this section as set forth in Chapter 17.108 (Director’s Action) when there is no practical way to
comply with the provisions and no other feasible alternatives will result in better implementation of
other zoning regulations or general plan policies while allowing reasonable use of sites.
Circumstances where a director’s action may be approved include, but are not limited to, issues
related to topography and privacy. (Ord. 1705 §§ 17, 22, 2021; Ord. 1650 § 3 (Exh. B), 2018)
17.70.090 Hillside development standards.
A. Purpose and Application.
1. Purpose. The purpose of this section is to implement goals of the Conservation and Open
Space and Land Use Elements of the General Plan:
a. To protect and preserve scenic hillside areas and natural features such as the volcanic
morros, ridge lines, plant communities, rock outcroppings and steep slope areas that
function as landscape backdrops for the community;
Page 54 of 94
b. To avoid encroachment into sensitive habitats or unique resources as defined in the
Conservation and Open Space Element;
c. To protect the health, safety and welfare of community residents by directing
development away from areas with hazards such as landslides, wildland fires, flooding and
erosion; and
d. To protect the city’s scenic setting.
2. Application. The provisions of this section shall apply to all lots and sites that have an
average cross slope of sixteen percent or more (see Section 17.70.090(B): Average Slope
Calculation). The director may require a survey and slope analysis to determine whether the
provisions of this section apply to a specific property or development. Notwithstanding the
requirements of this section, a lot created pursuant to the Subdivision Map Act and Title 16
(Subdivisions) of the San Luis Obispo Municipal Code prior to the effective date of this division
may be developed with a single unit structure in compliance with other applicable requirements
of these zoning regulations.
B. Average Cross-Slope Calculation. Average cross-slope is the ratio, expressed as a percentage of
the difference in elevation to the horizontal distance between two points on the perimeter of the
area for which slope is being determined. The line along which the slope is measured shall run
essentially perpendicular to the contours.
1. Where a site does not slope uniformly, average cross-slope is to be determined by
proportional weighting of the cross-slopes of uniformly sloping subareas, as determined by the
director.
2. Cross-slope determinations shall be based on the existing topography of the net site area
after subtracting the area for any future on-site grading necessary to accommodate proposed
right-of-way improvements and other on-site improvements.
3. Cross-slope shall be calculated only for the net area as defined in Section 17.70.110 (Lot
Area).
C. Hillside Development Standards.
1. General Site Planning Standards. To assist in maintaining a natural appearance for hillsides
and ridgelines, each structure shall be located in the most accessible, least visually prominent,
most geologically stable portion or portions of the site, at the lowest feasible elevation, and
shall, at a minimum, meet the following requirements:
Page 55 of 94
a. See Section 17.70.040(A)(2) (Maximum Development Density—Sloped Sites) for
maximum density in hillside areas.
b. See Section 17.70.090(B) (Building Height on Slopes with Sixteen Percent Grade or
Greater) for maximum height in hillside areas.
2. Site Access and Driveways. Each driveway shall not have a grade steeper than five percent
within ten feet of a garage or carport entry. Driveway finished grade shall not exceed an
average of fifteen percent, or twenty percent at any point.
3. Retaining Walls. Retaining walls that are twenty feet in length shall be limited to six feet in
height (above ground/visible portion). Retaining walls longer than twenty feet shall be limited to
four feet in height (above ground/visible portion). A minimum five-foot horizontal separation is
required between retaining walls. For exceptions, see subsection D of this section.
4. Downhill Building Walls. No single building wall on the downhill side of a house shall exceed
fifteen feet in height above grade. Additional building height on a downhill side is allowed in
fifteen-foot increments, where each increment is stepped-back from the lower wall a minimum
of ten feet.
5. Height of Lowest Floor Level, Decks, and Support Structures. See Figure 3-9: Height Limit
for Lowest Floor, Decks, and Support Structures.
a. Lowest Floor Level. The vertical distance between the lowest point where the
foundation meets grade and the lowest floor line of the structure shall not exceed six feet.
b. Decks. No portion of the walking surface of a deck with visible underpinnings shall
exceed a height of six feet above grade.
c. Support Structures. Support structures (e.g., columns, pilings, etc.) below the lowest
floor on the downhill side of a house shall be enclosed unless visible structural members
are an integral feature of the architectural design. Support structure wall surfaces shall not
exceed six feet in height.
Figure 3-9. Height Limit for Lowest Floor, Decks, and Support Structures
Page 56 of 94
6. Exterior Wall Surfaces.
a. Single-story and small-scale elements, setbacks, overhangs, roof pitches, and/or other
means of horizontal and vertical articulation shall be used to create shade and shadow and
break up otherwise massive forms to minimize the apparent size of exterior wall surfaces
visible from public rights-of-way.
b. Large flat building planes are prohibited; the spatial arrangement of the building,
including roof overhangs, shall be used to achieve alternating light and dark building
surfaces that will blend with similar contrasts found in the surrounding natural vegetation.
7. Mechanical Equipment. Mechanical equipment may be placed on rooftops or below a deck
only if the equipment is not visible from the public right-of-way or adjacent properties, except
for solar collectors that are compatible with the roof line and architecturally integrated with the
structure.
8. Fencing. Hillside area perimeter fencing that is visible from off-site vantages, except on side
and rear yards that are directly adjacent to living areas on adjacent lots, shall be of a
semitransparent, rather than solid, design. Semitransparent material includes, but is not limited
to, wrought iron, split rail, and four-inch square welded wire. In side and rear yards between
Page 57 of 94
living areas on adjacent lots, solid, opaque fencing is allowed. However, the preference is for a
more naturalistic approach to screening in the side yards, with semi-transparent fencing
combined with landscaping, or landscaping alone.
D. Director’s Action. The director may grant exceptions to standards of this section as set forth in
Chapter 17.108 (Director’s Action), subject the following additional findings:
1. Intent. The director, through a director’s action, may act to approve an exception to the
hillside requirements of this section only where the applicant can provide clear and
substantiated evidence that there is no practical way to comply with the provisions and that no
other feasible alternatives will result in better implementation of other zoning regulations or
general plan policies while allowing reasonable use of sites subject to hillside regulations.
2. Application Type. A hillside regulation less than required by this section may be approved by
city action on a plan for public facilities approved by the council or on a specific plan,
development plan under planned development zoning, land division, use permit, or architectural
review. Where one of these types of applications is not otherwise required for the proposed
feature, an exception request shall be in the form of a director’s action.
3. Findings. Each director’s action to grant an exception to a required hillside regulation shall
be subject to each of the following findings, regardless of the type of project application under
which the request is considered:
a. The proposed alternative complies with and furthers the intent of this section; and
b. The proposed alternative provides a design solution that is equivalent to or better than
the standards prescribed in this section for quality, effectiveness, durability, and safety;
and
c. The location and design of the feature receiving the exception will minimize impacts to
scenic resources and will not hinder opportunities for wildlife habitation, rest, and
movement; and
d. The exception will not prevent the implementation of city-adopted plans, nor increase
the adverse environmental effects of implementing such plans; and
e. There are circumstances applying to the site, such as size, shape, or topography, which
do not apply generally to land in the vicinity with the same zoning, that would deprive the
property of privileges enjoyed by other property in the vicinity with the same zoning; and
Page 58 of 94
f. The exception will not constitute a grant of special privilege—an entitlement
inconsistent with the limitations upon other properties in the vicinity with the same zoning;
and
g. The exception will not be detrimental to the public welfare or injurious to other
property in the area of the project; and
h. Site development cannot be feasibly accomplished with a redesign of the project or
redesign of the project would deny the property owner reasonable use of the property.
“Reasonable use of the property” in the case of new development may include less
development than indicated by zoning. In the case of additional development on an already
developed site, “reasonable development” may mean no additional development
considering site constraints and the existing development’s scale, design, or density.
E. Process Requirements.
1. Minor Development Review. Except as provided in state law, hillside Hillside development
shall require approval of minor development review from the city’s planning division.
2. Design Review. Except as provided in state law, plans Plans submitted for hillside
development shall be reviewed for consistency with the city’s community design guidelines, this
section, and general development standards of the zoning regulations. (Ord. 1705 § 17, 2021; Ord.
1650 § 3 (Exh. B), 2018)
17.70.120 Lot coverage.
A. Purpose and Application. As defined in Chapter 17.158 (General Definitions), lot coverage is the
ratio of the total area of a lot covered by the footprint of all structures to the net lot area, typically
expressed as a percentage of the total lot area, including all buildings, decks, balconies, porches,
accessory structures and accessory dwellings, and similar architectural features. Maximum coverage
shall be as provided in the specific property development standards for the various zones in
Chapters 17.12 through 17.60, inclusive.
Figure 3-11. Lot Coverage
Page 59 of 94
B. Excluded from Lot Coverage. The following structures shall be excluded from the lot coverage
calculation:
1. Uncovered decks, porches, landings, balconies, and stairways that are thirty inches or less
in height, as measured from the adjacent existing grade.
Figure 3-12. Decks Excluded from Coverage
2. Roof eaves which project thirty inches or less from the structure are not included in the
determination of coverage.
Page 60 of 94
3. Swimming pools and hot tubs that are not enclosed in roofed structures or decks.
4. One small, nonhabitable accessory structure under one hundred twenty square feet and
under seven feet high. Any additional structures above quantity of one shall be included in lot
coverage.
5. The first Up to eight hundred square feet of an accessory dwelling unit. Any additional
square footage of an accessory dwelling unit shall be included in lot coverage. (Ord. 1705 §§ 17,
23, 2021; Ord. 1677 § 2, 2020; Ord. 1657 § 9, 2019; Ord. 1650 § 3 (Exh. B), 2018)
17.70.170 Setbacks.
A. Purpose. This section establishes standards for the measurement of setbacks and required
setback areas. These provisions, in conjunction with other applicable provisions of the zoning
regulations, are intended to help determine the pattern of building masses and open areas within
neighborhoods. They also provide separation between combustible materials in neighboring
buildings. Setback areas are further intended to help provide landscape beauty, air circulation,
views, and exposure to sunlight for both natural illumination and use of solar energy.
B. Measurement of Setbacks.
1. General. All setback distances shall be measured at right angles from the designated
property line to the building or structure, and the setback line shall be drawn parallel to and at
the specified distance from the corresponding front, side, or rear property line. Exception:
Where the front property line is located beyond the curb (i.e., within a street or common
driveway), the front setback is defined as the minimum distance between a structure and the
edge of curb.
2. Building Height and Setbacks. The height of a building in relation to setback standards is
the vertical distance from the ground to the top of the roof, measured at a point that is a
specific distance (the setback distance) from the property line. Height measurements shall be
based on the existing topography of the site before grading for proposed on-site improvements.
Where building height is linked to a minimum setback, that setback shall apply to the building
incrementally and shall not require a clear-to-sky setback for the entire building. Rather, the
setback requirements allow the building to be stepped back incrementally consistent with the
required setback distance based on building height.
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3. Sloped Lots. For sloped lots, the measurement shall be made as a straight, horizontal line
from the property line to the edge of the structure, not up or down the hill slope.
4. Flag Lots. For flag lots, the pole portion of the parcel shall not be used for defining setback
lines.
C. Allowed Projections into Required Setback Areas. The following features are allowed projections
into required setback areas:
1. Utility Structures. Adequately screened components of public utility systems may be located
within front and street side setbacks when approved by director’s action.
2. Fences, Walls, and Hedges. Fences, walls, and hedges may occupy setbacks to the extent
provided in Section 17.70.070 (Fences, Walls, and Hedges). Vegetation may also be controlled
by the California Solar Shade Control Act.
3. Arbors and Trellises. Arbors and trellises may occupy setbacks subject to the extent
provided in Section 17.70.070 (Fences, Walls, and Hedges). Arbors and trellises shall not be
connected to or supported by a building, nor be designed to support loads other than vines or
similar plantings. They are not considered structures for zoning purposes and shall not be used
as patio covers.
4. Signs. Signs in conformance with the sign regulations codified in Chapter 15.40 (Sign
Regulations) may occupy setbacks to the extent provided in that chapter.
5. Architectural Features. The following and similar architectural features may extend into a
required setback:
a. Cornices, canopies, eaves, buttresses, chimneys, solar collectors, shading louvers,
reflectors, water heater enclosures, and bay or other projecting windows that do not
include usable floor space may extend no more than thirty inches into a required setback
(see Figure 3-13: Architectural Feature Projections into Required Setbacks).
Figure 3-13. Architectural Feature Projections into Required Setbacks
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b. Uncovered balconies, uncovered porches, and decks over thirty inches in height may
extend into the required setback not more than four feet or one-half the required setback
distance, whichever is less. Fire escapes, exit stairs, or other required exits may be
required to meet greater setbacks to comply with building code requirements.
c. Planters and similar features (e.g., patios and decks) less than thirty inches in height
may be located within the required setbacks.
6. Mechanical Equipment. Mechanical equipment shall comply with required setbacks, with the
following exceptions:
a. Ground-mounted heating and air conditioning equipment, and tankless water heaters
shall be set back not less than thirty inches from the side and rear property lines and shall
comply with Chapter 9.12 (Noise Control).
b. Mechanical equipment serving swimming pools, spas, and water features shall be set
back not less than three feet from a side or rear property line. All such equipment shall be
acoustically shielded to comply with Chapter 9.12 (Noise Control).
7. Trash Enclosures. Enclosures that have been approved in conjunction with Development
Review or a discretionary review process may be located within a required side or rear setback,
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provided no part of the enclosure is less than three feet from any right-of-way or adopted
setback line.
8. Vehicle Parking. Vehicle parking in front yard areas (as defined in Section 17.158.016: F
Definitions) of residential properties shall conform to Section 17.76.040 (Front Yard Parking).
No person shall stop, park, or leave standing any vehicle, whether attended or unattended,
within any front or street side setback or upon any unpaved surface as defined in this section
and Section 12.38.040 (Parking and Driveway Standards).
9. Unenclosed Parking Spaces in Side and Rear Setbacks. Unenclosed parking spaces and
parking aisles may be located within side and rear setbacks. For residential properties, parking
spaces may not be located within the front yard area unless consistent with Section 17.76.040
(Front Yard Parking).
10. Enclosed and Unenclosed Parking Spaces in Front and Street Side Setback Prohibited. In
no case shall an enclosed parking space or required parking space from which vehicles exit
directly onto the street be located less than twenty feet from the street right-of-way or property
line, except as provided in subsection D (Exceptions to Setback Requirements) of this section,
or as provided in Section 17.76.040(D) (Single Car Garages and Single Car Parking). In no case
shall a parking space encroach on a public sidewalk.
11. Landscaping in Setbacks. Required setbacks with city-required landscape plans and
stormwater facilities shall be landscaped and maintained in compliance with approved plans.
12. Second Story Setback in R-1 Zone. Up to fifty percent of the upper story side wall may
align with the lower floor wall, provided such alignment occurs within the rear half of the
structure (see Figure 3-14: Second Story Setback Allowed Projection).
Figure 3-14. Second Story Setback Allowed Projection
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D. Exceptions to Setback Requirements.
1. Exceptions Entitled to Property Due to Physical Circumstances.
a. Front and/or Street Side Setback Averaging in Developed Areas. Where these zoning
regulations require front and/or street side setbacks and where buildings have been
erected on at least one-half of the lots in a block as of the effective date of the regulations
codified in this section, the minimum required front and/or street side setback shall be the
average of the front and/or street side (as applicable) setback of the developed lots, but in
no case less than ten feet nor more than would otherwise be required. Averaging does not
apply to enclosed parking structures.
b. Reduced Front or Street Side Setback for New Structure Providing Additional Creek
Setback. Where a new structure provides a rear or side creek setback larger than required
by these Zoning Regulations, the required front and/or street side setback, respectively,
shall be reduced by one foot for each one foot of additional creek setback, so long as the
front and street side setback is at least one-half that required by the zone in which the
property is located. Refer to the front and street side setback standards for each zone in
Chapters 17.12 through 17.60, inclusive.
c. Setbacks Adjacent to an Alley. The standards required for interior side and rear
setbacks shall apply along alleys. However, zero setback is allowed for required surface
parking spaces.
d. Rear Setback on Through Lots. On through lots, the minimum rear setback shall be the
equivalent to the minimum required front setback.
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2. Discretionary Exceptions. Discretionary exceptions to setback requirements shall require a
director’s action and meet the findings required for a director’s action (Chapter 17.108), as well
as any findings indicated below for an individual exception.
a. Reduced Front and Street Side Setbacks. Upon approval of a director’s action, or in
conjunction with tandem parking approval, the director may allow front and/or street side
setbacks to be reduced to zero for unenclosed parking spaces. Front and street side
setbacks may be reduced to ten feet for structures, including side-loaded carports and
garages. However, no driveway shall be less than 18 feet six inches deep, as measured
from the sidewalk to face of a garage, or where no sidewalk exists, the outer edge of the
street, to accommodate a parked car in the driveway without overhanging onto the public
right-of-way.
b. Variable Front Setbacks in Subdivisions. In new residential subdivisions, the review
authority may approve variable front setbacks, to be noted on the approved map, provided
the average of the front setbacks on a block is at least fifteen feet and no front setback is
less than ten feet. Garages or carports that back directly onto the public right-of-way shall
maintain a minimum setback of at least eighteen feet six inches, as measured from the
sidewalk or where no sidewalk exists, as measured from the outer edge of the public right-
of-way, to accommodate a parked car in the driveway without overhanging onto the public
right-of-way.
c. Variable Side and Rear Setbacks in New Subdivisions. In new residential subdivisions,
the review authority may approve exceptions to the side and rear setback standards, with
the exceptions to be noted on the map, provided a separation of at least ten feet between
buildings on adjacent lots will be maintained and an acceptable level of solar exposure will
be guaranteed by alternative setback requirements or private easements to ensure the
development will comply with solar access standards of General Plan Conservation and
Open Space Element Policy 4.5.1.
d. Other Setback Variations in Previously Subdivided Areas. Upon approval of a director’s
action, the director may allow side and rear setbacks to be reduced to zero under either of
the following circumstances:
i. When there exists recorded agreement, to the satisfaction of the city attorney,
running with the land to maintain at least ten feet of separation between buildings on
adjacent parcels and the development will comply with solar access standards of
General Plan Conservation and Open Space Element Policy 4.5.1; or
ii. When the reduction is for either a minor addition to an existing legal structure that
is nonconforming with regard to side and rear setback requirements or for a detached
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single-story accessory structure; provided, that all such minor additions and new
accessory structures shall comply with applicable provisions of Title 15, Building and
Construction (see also Chapter 17.92, Nonconforming Structures) and the director
makes the following findings:
(a) In the case of a minor addition, that the minor addition is a logical extension
of the existing nonconforming structure;
(b) In the case of a detached single-story accessory structure (either new or
replacing a previously approved nonconforming structure), that the accessory
structure is consistent with the traditional development pattern of the
neighborhood and will have a greater front and/or street side setback than the
main structure;
(c) That adjacent affected properties will not be deprived of reasonable solar
exposure, and the development will comply with solar access standards of General
Plan Conservation and Open Space Element Policy 4.5.1;
(d) That no useful purpose would be realized by requiring the full setback;
(e) That no significant fire protection, emergency access, privacy, or security
impacts are likely from the addition; and
(f) That it is impractical to obtain a ten-foot separation easement in compliance
with subsection (D)(2)(d)(ii)(a) of this subsection.
e. Side and Rear Setback Building Height Exceptions. Upon approval of a director’s action,
the director may allow exceptions to the side and rear setback standards provided in Article
2 for each zone. Such exceptions may be granted in any of the following and similar
circumstances, but in no case shall exceptions be granted for less than the minimum
setback required:
i. When the property that will be shaded by the excepted development will not be
developed or will not be deprived of reasonable solar exposure, considering its
topography and zoning;
ii. When the exception is of a minor nature, involving an insignificant portion of total
available solar exposure;
iii. When the properties at issue are within an area where use of solar energy is
generally infeasible because of landform shading;
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iv. When adequate recorded agreement running with the land exists to protect
established solar collectors and probable collector locations;
v. When the property to be shaded is a street;
vi. Where no significant fire protection, emergency access, privacy or security impacts
are likely to result from the exception.
vii. The development will comply with solar access standards of General Plan
Conservation and Open Space Element Policy 4.5.1.
Any other exception to the height limits requires approval of a variance as provided in
Chapter 17.114 (Variances). For height limits of signs, see Chapter 15.40, Sign
Regulations. (Ord. 1705 §§ 17, 27, 28, 2021; Ord. 1657 § 10, 2019; Ord. 1650 § 3 (Exh. B), 2018)
17.70.210 Vision clearance triangle at intersections and driveways.
A. Intersection Visibility. At roadway intersections not controlled by a stop sign or traffic signal, no
plant, structure, or other solid object over three feet high that would obstruct visibility may be
located within the area indicated in Figure 3-15: Intersection Visibility. At controlled intersections,
the director shall determine visibility requirements for proper sight distance.
Figure 3-15. Intersection Visibility
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B. Driveway Visibility. At driveway approaches, no plant, structure, or other solid object over three
feet high that would obstruct visibility may be located within the area indicated in Figure 3-16:
Driveway Visibility.
Figure 3-16. Driveway Visibility
(Ord. 1705 § 17, 2021; Ord. 1650 § 3 (Exh. B), 2018)
17.86.020 Accessory dwelling units, and junior accessory dwelling
units, and guest quarters.
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).
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.
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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.
c. Accessory Dwelling Unit Setbacks. Except as provided in state law, the following
minimum setbacks from side and rear lot lines shall apply to accessory dwelling units:
i. Four feet for a detached accessory dwelling unit that is no taller than sixteen feet on
a lot with an existing or proposed single-family or single-story multifamily dwelling
unit.
ii. Four feet for a detached accessory dwelling unit that is no taller than eighteen feet
on a lot with an existing or proposed multistory multifamily dwelling unit.
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iii. Four feet for an accessory dwelling unit that is no taller than twenty-five feet and is
attached to a primary dwelling.
iv. 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.
d. Additional Height Allowance. Except as provided in state law, accessory dwelling units
are subject to the maximum height limits provided by the underlying zone. Except as
allowed in subsection (c) of this section, accessory dwelling units shall be consistent with
the setback requirements provided by the underlying zone.
e. c. Other Design Standards. Except as provided in state law or otherwise stated in this
section, accessory 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).
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ii. 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.
iii. vi. Exceptions to these design standards can be approved by the director, through
director’s action, subject to required findings (Section 17.108.040).
f. 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.
g. 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.
h. 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.
i. 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).
j. h. Additional Accessory Dwelling Unit Configurations. Accessory dwelling units that are
consistent with Government Code Section 66323, as may be amended from time to
time, 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.
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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.
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 regulations. The number of ADUs within the
existing or proposed converted space of a multifamily dwelling shall not exceed twenty-five
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.
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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.
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
rear 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.
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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
accessory 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.
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.
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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 the 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.
D. Guest Quarters.
1. Purpose and Intent. The purpose of this section is to establish regulations for the
development of guest quarters as an approved accessory use to a primary residential unit in
accordance with Section 17.70.010 (Accessory structures).
2. Applicability. This section does not apply to legally established dwellings or accessory
dwelling units, or accessory structures, which are separately defined in Chapter 17.158 (General
Definitions).
3. General Requirements. Guest quarters shall conform to all applicable zoning regulations
such as height, yards, parking, building coverage, etc., and shall be subject to the following
provisions:
a. Accessory to Primary Residence. Guest quarters may only be used in conjunction with a
primary residence that contains a kitchen and may consist of detached structures or
additions to primary structures. Only one guest quarters may be permitted per property.
b. Size. Guest quarters shall be no larger than four hundred fifty square feet.
c. Density and Development Standards. Guest quarters shall be consistent with density
provisions and development standards of the underlying zone. For the purposes of
calculating density in multi-unit residential zones, guest quarters will be considered an
additional bedroom, accessory to the primary unit. The structure may not exceed four
hundred fifty square feet and shall remain in an open floor plan (studio configuration).
d. Zones in Which Guest Quarters May Be Allowed. Upon meeting the requirements in this
section, guest quarters may be established in the following zones: R-1, R-2, R-3, R-4, and
O, when the primary use on the site is a single-unit residential dwelling.
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e. Areas Prohibited. Guest quarters shall not be established in any condominium or
planned development project unless specifically addressed in the planned development
ordinance as adopted or amended, or any mobile home subdivision or trailer park. Guest
quarters shall not be allowed on lots with an existing accessory dwelling unit.
f. Owner Occupancy. The property must be occupied by the property owner as the
owner’s primary place of residence. If a property can no longer be occupied as the owner’s
primary place of residence, the guest quarters may continue to be used as habitable space
(e.g., office, pool house, art studio) but can no longer be used as overnight sleeping
quarters.
g. No Separate Rental. Guest quarters may not be rented separately from the primary
dwelling unit.
h. No Kitchen Facilities. No facilities meeting the definition of a “kitchen” as defined in
Chapter 17.158 (General Definitions) may be installed and plumbing shall be provided for
bathroom use only. No plumbing may be provided to “wet bars,” dishwashers, or any
features that could be used for a kitchen. Plans approved for construction of guest quarters
shall not include countertops or plumbing designed for subsequent installation of sinks,
dishwashers, garbage disposals, or any other features consistent with the definition of a
“kitchen.”
4. Procedural Requirements. Prior to filing building plans with the city building division, the
following shall be met:
a. Design Review. All requests shall be reviewed for consistency with the city’s community
design guidelines and this section. All new development projects within historic districts or
within properties that contain designated historic structures shall be referred to the cultural
heritage committee to be reviewed for consistency with Secretary of the Interior standards
for treatment of a historic property.
b. Owner’s Agreement with the City. Prior to the issuance of construction permits, a
covenant agreement shall be recorded that discloses the structure’s approved floor plan
and status as “guest quarters,” which cannot be used as an independent dwelling unit, and
may only be used in conjunction with the primary residence that contains a kitchen. This
agreement shall be recorded in the office of the county recorder to provide constructive
notice to all future owners of the property. The covenant agreement also may contain
authorization for annual inspections, and to allow the city upon reasonable time and notice
to inspect the premises for compliance with the agreement and to verify continued
compliance with requirements of this section and health and safety codes. If a property can
no longer be occupied as the owner’s primary place of residence, the guest quarters may
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continue to be used as habitable space (e.g., office, pool house, art studio) but shall no
longer be used as overnight sleeping quarters.
c. Conversion of Guest Quarters to an Accessory Dwelling Unit. A legally established guest
quarters may either be retained in its configuration or be converted to an accessory
dwelling unit in compliance with the provisions of this chapter. (Ord. 1743 § 13, 2025; Ord.
1705 § 44, 2021)
17.86.160 Homestay rentals.
A. Purpose and Intent. The purpose of this section is to allow owner-occupied homestay rentals as
defined in Chapter 17.156 (Land Use Definitions) and where permitted in Chapter 17.10 (Use
Regulations) with reasonable standards to preserve neighborhood character and quality of life.
B. Permit Required. The conduct of a homestay rental requires the approval of a homestay permit
by the director, who may establish additional conditions to further the intent of this section. If
anyone informs the community development department of a reasonable objection concerning the
proposed homestay within the public notification period, the director may schedule a hearing for the
application pursuant to the requirements of a minor use permit.
C. Application and Annual Requirements.
1. Operators of homestays in all zones are required to obtain a homestay permit and a
business license.
2. The operator of the homestay shall pay transient occupancy tax and tourism business
improvement district tax as required by the municipal code.
3. The operator of the homestay shall annually provide verification of primary residence
through the homeowner’s property tax exemption or other appropriate documentation as well
as annual verification of an active business license.
4. The operator of the homestay shall provide the name and contact information of a
responsible party in the application if the owner-occupier anticipates he or she may not be on
the premises at all times during the homestay rental.
D. Performance Standards.
1. Homestays shall comply with the property development and performance standards set
forth in Articles 2 (Zones, Allowable Uses, and Development and Design Standards) and 3
(Regulations and Standards Applicable to All Zones) of this title.
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2. All building and fire code regulations shall be met.
3. The number of overnight guests shall be limited to four adults. Bedrooms shall meet the
minimum size requirements as defined in the building code.
4. At all times when a homestay rental is occurring, the owner or responsible party shall be
within a fifteen-minute drive of the property. The owner or responsible party shall be available
via telephone twenty-four hours a day, seven days a week, to respond to complaints regarding
the homestay. Contact information for the owner and responsible party shall be provided to
homestay guests, adjacent neighbors and stated on the application.
5. Upon sale or transfer of the home for which a homestay permit has been granted, a new
homestay application shall be required within sixty days of the transfer. Failure to submit a new
application as required within sixty days shall result in the termination of the existing allowed
use.
6. The homestay shall be limited to only the owner-occupied dwelling unit on the property.
Homestays shall not be permitted within recreational vehicles or within accessory dwelling units.
7. Any advertisements for the homestay shall include the business license number. On-site
advertising of the homestay is prohibited.
E. Revocation of a Permit.
1. Violation of these requirements and standards shall constitute grounds for revocation of the
homestay permit. Failure to comply with annual requirements as stated in 17.86.160(C) shall
render the homestay permit expired.
2. At any time, the permit can be referred to an administrative review hearing if determined by
the director upon receipt of substantiated written complaints from any resident, code
enforcement officer, or police department officer, which includes information and/or evidence
supporting a conclusion that a violation of the permit, or of city ordinances or regulations
applicable to the property or operation of the homestay, has occurred. At the time of the permit
review, to ensure compliance with applicable laws and conditions of permit, conditions of
approval may be added, deleted or modified, or the permit may be revoked. (Ord. 1705 § 50,
2021; Ord. 1650 § 3 (Exh. B), 2018)
17.92.020 Limits on reconstruction—Exceptions.
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A. A nonconforming structure that is involuntarily damaged to an extent of seventy-five percent or
more of its replacement cost immediately prior to such damage, as determined by the chief building
official, may be restored only if made to conform.
B. Notwithstanding subsection A of this section, nonconforming residences in the R-1, R-2, R-3, R-
4, O, C-N, C-C, C-R, C-T, C-D, and C/OS zones that have been involuntarily damaged to an extent of
seventy-five percent or more of their replacement value cost immediately prior to such damage, as
determined by the chief building official, may be rebuilt at the same density and up to the same size
under the following circumstances:
1. All construction must conform to current building codes, zoning regulations, and design
guidelines, except that the previously existing number of dwelling units and size of buildings will
be allowed.
2. A building permit for the replacement structure(s) must be obtained within three years of
the date of the damage or destruction.
3. Exceptions to the above provisions may be granted by the director for historic structures
designated as such in any list or plan element adopted by the city, or for buildings that are over
fifty years old where the existing building and any proposed additions or modifications are
consistent with the historic preservation guidelines and community design guidelines, as
determined by the director.
4. Notwithstanding the above provisions, application for replacement structures of the same
density and size may be denied if the director makes one of the following findings:
a. The reconstruction, restoration, or rebuilding will be detrimental or injurious to the
health, safety, or general welfare of persons living or working in the neighborhood.
b. The reconstruction, restoration, or rebuilding will be detrimental or injurious to property
and improvements in the neighborhood.
c. There no longer exists a zone in which the existing nonconforming use is permitted.
C. Changes to interior partitions or other nonstructural improvements and repairs may be made to
a nonconforming building. However, demolition, as defined in Section 17.158.012 (D Definitions),
and reconstruction shall be permitted only if the structure is made to conform.
D. The value of additions allowed pursuant to subsections (F)(1) and (F)(2) of this section shall be
excluded from calculation of replacement cost of the nonconforming structure.
E. Decisions of the chief building official regarding replacement cost may be appealed to the
council.
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F. Additions to nonconforming structures that further the intent of this chapter may be permitted
through a director’s action, subject to a finding of consistency with the intent of this chapter as
follows:
1. Additions conform to current building codes, zoning regulations, and design guidelines,
where the addition and associated modifications do not result in demolition of the existing
structure, as defined in Section 17.158.012 (D Definitions).
2. The director may allow certain setbacks to be reduced to zero in some instances for minor
additions to existing legal nonconforming structures (see Section 17.70.170(D)(2)(d)). (Ord. 1705
§ 54, 2021; Ord. 1657 § 20, 2019; Ord. 1650 § 3 (Exh. B), 2018)
G. Conforming additions to nonconforming structures that meet current building codes, zoning
regulations, and design guidelines for the purpose of creating an accessory dwelling unit shall be
permitted ministerially.
17.140.040 Standard incentives for housing projects.
A. This section shall apply only to housing projects consisting of five or more dwelling units,
including mixed-use developments. Per state law, projects that provide affordable housing are
allowed up to a fifty percent density bonus based on the tables outlined below for the respective
affordability levels. In addition, the director may approve a density bonus in excess of fifty percent
at the request of the developer, as well as other concessions and incentives outlined in Section
17.140.070.
B. Density bonus calculations that use fractional density (see Section 17.70.040) shall apply
fractional density consistently for both the market rate and affordable units within a project. The
application of fractional density shall only be utilized in favor of producing the maximum number of
affordable housing units.
B. C. All density calculations resulting in fractional units shall be rounded up to the next whole
number.
C. D. For the purpose of this section, “total units” or “total dwelling density units” does not include
units added by a density bonus awarded pursuant to this section or any local law granting a greater
density bonus.
D. E. Ten Percent Low-Income Dedication. When a developer agrees to construct at least ten
percent of the total units of a housing development for persons or families of lower income, the
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director shall grant the developer, upon the developer’s request, a density bonus; the density bonus
shall be calculated as follows:
Table 8-3: Density Bonus for Percentage of Low-Income
Dedicated Units
Percentage Low-Income
Units Percentage Density Bonus
10 20
11 21.5
12 23
13 24.5
14 26
15 27.5
16 29
17 30.5
18 32
19 33.5
20 35
21 38.75
22 42.5
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Table 8-3: Density Bonus for Percentage of Low-Income
Dedicated Units
Percentage Low-Income
Units Percentage Density Bonus
23 46.25
24 50
E. F. Five Percent Very Low-Income Dedication. When a developer agrees to construct at least five
percent of the total units of a housing development for very low-income households, the director
shall grant the developer, upon the developer’s request, a density bonus; the density bonus shall be
calculated as follows:
Table 8-4: Density Bonus for Percentage of Very Low-
Income Dedicated Units
Percentage Very Low-
Income Units Percentage Density Bonus
5 20
6 22.5
7 25
8 27.5
9 30
10 32.5
11 35
12 38.75
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Table 8-4: Density Bonus for Percentage of Very Low-
Income Dedicated Units
Percentage Very Low-
Income Units Percentage Density Bonus
13 42.5
14 46.25
15 50
F. G. Twenty Percent Senior Citizen Housing Development Dedication. When a developer agrees to
construct a senior citizen housing development, or mobile home park that limits residency based on
age requirements for housing for older persons, the director shall grant the developer, upon the
developer’s request, a density bonus; the density bonus shall be twenty percent of the number of
senior housing units.
G. H. Ten Percent Common Interest Development for Moderate-Income Dedication. If a developer
agrees to construct at least ten percent of the total dwelling units in a common interest
development for persons or families of moderate income, provided that all units in the development
are offered to the public for purchase, the director shall grant the developer, upon the developer’s
request, a density bonus; the density bonus shall be calculated as follows:
Table 8-5: Density Bonus for Percentage of Moderate-
Income Dedicated Units
Percentage Moderate-
Income Units Percentage Density Bonus
10 5
11 6
12 7
13 8
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Table 8-5: Density Bonus for Percentage of Moderate-
Income Dedicated Units
Percentage Moderate-
Income Units Percentage Density Bonus
14 9
15 10
16 11
17 12
18 13
19 14
20 15
21 16
22 17
23 18
24 19
25 20
26 21
27 22
28 23
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Table 8-5: Density Bonus for Percentage of Moderate-
Income Dedicated Units
Percentage Moderate-
Income Units Percentage Density Bonus
29 24
30 25
31 26
32 27
33 28
34 29
35 30
36 31
37 32
38 33
39 34
40 35
41 38.75
42 42.5
43 46.25
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Table 8-5: Density Bonus for Percentage of Moderate-
Income Dedicated Units
Percentage Moderate-
Income Units Percentage Density Bonus
44 50
H. I. Land Donation Dedication. If a developer for a tentative subdivision map, parcel map, or other
residential development approval donates land to the city for affordable housing in accordance with
this chapter and the provisions set forth in Government Code Sections 65915 through 65918, the
applicant shall be entitled to a fifteen percent increase above the otherwise maximum allowable
residential density for the entire development. The director shall grant the applicant, upon the
applicant’s request, a density bonus; the density bonus shall be calculated as follows:
Table 8-6: Density Bonus for Land Donation Dedication
for Affordable Housing
Percentage Very Low-
Income Units Percentage Density Bonus
10 15
11 16
12 17
13 18
14 19
15 20
16 21
17 22
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Table 8-6: Density Bonus for Land Donation Dedication
for Affordable Housing
Percentage Very Low-
Income Units Percentage Density Bonus
18 23
19 24
20 25
21 26
22 27
23 28
24 29
25 30
26 31
27 32
28 33
29 34
30 35
I. J. Housing for Transitional Foster Youth, Disabled Veterans, and Homeless Persons. If a
developer agrees to construct as least ten percent of the total dwelling units in a housing
development for transitional foster youth, as defined in Education Code Section 66025.9, or for
disabled veterans, as defined in Government Code Section 18451, or for homeless persons, as
defined in the Federal McKinney-Vento Homeless Assistance Act, the director shall grant the
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developer, upon the developer’s request, a density bonus of twenty percent. The units shall be
subject to a recorded affordability restriction of fifty-five years and shall be provided at the same
affordability level as very low-income units.
J. K. An applicant may elect to accept a lesser percentage of density bonus.
K. L. Parking Requirements.
1. Upon the request of the developer, parking ratios of a development meeting the criteria of
this section, inclusive of handicapped and guest parking, shall be as follows:
a. Studio to one bedroom: one on-site parking space per unit.
b. Two to three bedrooms: two on-site parking spaces per unit.
c. Four or more bedrooms: two and one-half parking spaces per unit.
d. Senior housing: 0.5 spaces per bedroom.
2. Housing developments occupied exclusively by extremely low, very low, or low income
households, as defined by the state, may provide one car and one bicycle space per dwelling
unit.
3. If the total number of parking spaces required for a development is other than a whole
number, the number shall be rounded up to the next whole number.
4. For purposes of this section, a development may provide on-site parking through tandem or
uncovered parking, but not through on-street parking.
5. An applicant may request additional parking incentives or concessions beyond those
provided in this section. (Ord. 1719 § 3, 2022; Ord. 1705 §§ 80—83, 2021; Ord. 1657 § 22, 2019; Ord.
1650 § 3 (Exh. B), 2018)
17.156.004 A definitions.
Accessory Dwelling Unit (ADU). An attached or detached dwelling unit that is no more than one
thousand two hundred square feet in size, provides complete independent living facilities for one or
more persons, and is located on a lot with a proposed or existing primary residence. An ADU
includes permanent provisions for living, sleeping, eating, cooking and sanitation on the same lot as
a single-family or multifamily structure is or will be situated. An ADU may be structured as one
efficiency unit, as defined in Health and Safety Code Section 17958.1, and/or a manufactured home,
as defined in Health and Safety Code Section 18007, among other formats. An ADU is considered
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“attached” to a primary dwelling (existing or proposed) when the ADU structurally abuts and
connects to a primary dwelling unit, sharing at least one wall with the unit to which it is attached.
An ADU is considered “detached” when it does not share a common wall with a primary dwelling. A
detached ADU can stand alone or be attached to other accessory structures or ADUs.
Accessory Use. See “Use, Accessory.”
Adult Entertainment Businesses. See Section 17.86.030 (Adult Business Uses).
Agricultural Accessory Structure. Incidental and accessory structures and uses located on the same
site with a permitted agricultural use including farm offices, barns, stables, coops, tank houses,
storage tanks, wind machines, windmills, silos and other farm outbuildings, private garages and
carports, storehouses, garden structures, produce stands, greenhouses, recreation rooms, private
swimming pools, and tennis courts for the use of the persons residing on the site.
Airport. An area approved by the Federal Aviation Administration (FAA) for the take-off and landing
of aircraft, which may include appurtenant areas for airport buildings, aircraft operations, and
related facilities, aprons and taxiways, control towers, hangars, safety lights, navigation, and air
traffic control facilities and structures. These may also include facilities for aircraft manufacturing,
maintenance, repair, and reconditioning. Where approved, an airport may also include aircraft sales
and dealerships, car rental establishments, gift shops, hotels and motels, personal services,
restaurants and bars, tobacco and newsstands, and other similar commercial uses serving the air-
traveling public and airport employees.
Animal Care, Sales and Services.
Animal Boarding/Kennels. The commercial provision of shelter and care for dogs, cats, other
household animals, and horses (where allowed), including activities associated with such shelter
and care (e.g., feeding, exercising, grooming, and incidental medical care) of four or more dogs
four months of age or older, or four or more cats, except for dogs or cats in pet shops.
Animal Grooming. The commercial provision of bathing and trimming services for dogs, cats,
and other household animals permitted by the municipal code. Overnight boarding is not
included with this use (see “Animal Boarding/Kennels”).
Animal Retail Sales. The retail sales of household animals within an entirely enclosed building.
These uses include grooming, if incidental to the retail use, but specifically excludes boarding of
animals other than those for sale (see “Animal Boarding/Kennels”).
Veterinary Services, Large Animal. Veterinary services for livestock, farm animals, and other
large animals. This classification allows twenty-four-hour accommodation of animals receiving
medical services.
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Veterinary Services, Small Animal. Veterinary services for household pets. This classification
allows twenty-four-hour accommodation of animals receiving medical services, but does not
include kenneling of animals not receiving medical services (see “Animal Boarding/Kennels”).
Animal Husbandry and Grazing. Raising and breeding of animals or production of animal products.
Typical uses include grazing, ranching, dairy farming, poultry farming, beekeeping, and enclosed
fisheries, but excludes slaughterhouses and feedlot operations. Does not include animal sales,
boarding, and grooming (see “Animal Care, Sales and Services”).
Auto Repair. See “Vehicle Repair and Service.”
Auto Sales and Rental. See “Vehicle Repair and Service.” (Ord. 1705 § 91, 2021; Ord. 1679 § 4, 2020; Ord.
1650 § 3 (Exh. B), 2018)
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5.44.030 Exemptions.
The provisions of this chapter shall not apply to the following tenancies in mobile home parks:
A. Mobile home park spaces rented for nonresidential uses;
B. Mobile home parks managed or operated by the United States Government, the state of
California, or the county of San Luis Obispo;
C. Tenancies which do not exceed an occupancy of twenty days and which do not contemplate an
occupancy of more than twenty days;
D. Tenancies for which any federal or state law or regulation specifically prohibits rent regulation;
E. Tenancies covered by leases or contracts which provide for a tenancy of more than a year, but
only for the duration of such lease or contract. Upon the expiration of or other termination of any
such lease or contract, this chapter shall immediately be applicable to the tenancy. No rent increases
other than that allowed under the provisions of the lease shall be allowed during the duration of
such a lease or contract.
F. E. Spaces in a mobile home park which sells lots for factory-built or manufactured housing, or
which provides condominium ownership of such lots, but only when the dwelling unit and the
underlying interest in the space it is located upon are in the same ownership. (Ord. 1228 § 1, 1992;
Ord. 1117, 1988)
5.44.040 Mobile home park owner exemptions under Section
5.44.030(F).
A. Any mobile home park owner claiming an exemption under Section 5.44.030(F) shall comply
with the following requirements and procedures:
1. Such mobile home park owner shall file with the city clerk a statement setting forth the
basic facts upon which the claim for exemption rests, such as total number of spaces, number
on long-term leases, identity of spaces on long term leases, expiration date for each long-term
lease and any other information determined necessary by the city administrative officer to
evaluate the claim.
2. The statement shall include a listing, by space number and name, of each tenant not on a
long-term lease and who would be affected by the claim of exemption. In addition, the owner
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shall provide proof of service that all tenants have been notified of the claim of exemption and
of the fact that a tenant may file an objection within thirty days.
3. The statements required to be filed above shall be confidential and not public records unless
and until a hearing officer determines otherwise as necessary to conduct a hearing as set forth
in subsections (D) or (F) of this section.
B. An objection to the claim of exemption may be filed with the city clerk within thirty days after
the notice of claim has been served. The objection shall state the grounds of the objection. The only
acceptable grounds for objection is that the owner in fact does not have two-thirds of the spaces in
the park on long-term leases.
C. If an acceptable and timely objection is received the owner and the tenant(s) filing the objection
shall meet and confer to negotiate in good faith and attempt to reach an agreement. If no
agreement is reached within thirty days of the date of filing of the objection, the owner shall within
ten days notify the city administrative officer that an agreement or resolution to the objection has
not been reached. The city administrative officer shall proceed to select a hearing officer as set forth
in Section 5.44.070(E).
D. The hearing officer shall set and conduct a hearing as set forth in subsections (E) and (G) of
Section 5.44.070. The hearing officer shall determine whether the claim of exemption is valid, taking
into account all relevant evidence, facts and circumstances necessary to come to a decision.
E. The hearing officer’s charges shall be paid by the city.
F. An appeal may be taken from a decision of the hearing officer as set forth in Section 5.44.110,
including the obligation for the costs of the appellate panel as set forth in subsection (D) thereof.
(Ord. 1146 § 1, 1989)
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