HomeMy WebLinkAboutA - Draft Ordinance adopting amendments to Titles 16, 17, and 5O ______
ORDINANCE NO. _____ (2026 SERIES)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, AMENDING TITLE 16 (SUBDIVSION
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) (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, the City Council of the City of San Luis Obispo conducted a public
hearing in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo, California
on May 5, 2026, for the purpose of introducing various amendments to Title 16, Title 17,
and Title 5 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; and
WHEREAS, notice of said public hearing were made at the time and in the manner
required by the law; and
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of San Luis
Obispo as follows:
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SECTION 1. Findings. Based upon all evidence, and as recommended by the
Planning Commission, the City Council 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 Titles 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 Resourced Code Section 21080.17 that applies to local ordinances implementing
state regulations related to accessory dwelling units.
SECTION 3. Title 5 LICENSES, PERMITS, AND REGULATIONS: Section
5.44.030 Exemptions is hereby amended as follows:
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;
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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)
SECTION 4. Title 5 LICENSES, PERMITS, AND REGULATIONS: Section
5.44.040 Mobile home park owner exemptions under Section 5.44.030(F) is hereby
amended as follows:
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 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
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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)
SECTION 5. Title 16 SUBDIVISION REGULATIONS: Section 16.15.020
Qualifying requirements is hereby amended as follows:
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
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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
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Government Code Section 66411.7(a)(3)(D) 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.
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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 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.
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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)
SECTION 6. Title 17 ZONING REGULATIONS: Section 17.10.020 Use
regulations by zone is hereby amended as follows:
Retail Sales See Secs.
17.26.030(A),
17.30.030(A),
17.32.030,
17.34.030(A)
and
17.36.030(A)
Building
Materials
and
Services—
Indoor
A A A A A
Building
Materials
and
Services—
Outdoor
MUP A MUP A A
Extended
Hour
Retail
MUP MUP MUP MUP MUP MUP MUP MUP
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General
Retail
A
MUP
A A A MUP MUP
Large-
Scale
Retail
CUP CUP CUP
Nurseries
and
Garden
Centers
CUP A A
Theaters CUP MUP MUP MUP MUP Only
nonprofit
theaters are
allowed in
the PF zone.
See also Sec.
17.86.030
SECTION 7. Title 17 ZONING REGULATIONS: Section 17.26.030 Additional
regulations is hereby amended as follows:
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.
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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)
SECTION 8. Title 17 ZONING REGULATIONS: Section 17.70.010 Accessory
structures is hereby amended as follows:
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 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.
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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 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.
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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)
SECTION 9. Title 17 ZONING REGULATIONS: Section 17.70.070 Fences,
walls, and hedges is hereby amended as follows:
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:
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).
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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)
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.
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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).
Figure 3-6. Arbors in Front and Street Side Setbacks
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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.
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
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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)
SECTION 10. Title 17 ZONING REGULATIONS: Section 17.70.090 Hillside
development standards is hereby amended as follows:
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;
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
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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:
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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.
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Figure 3-9. Height Limit for Lowest Floor, Decks, and Support
Structures
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 living areas on
adjacent lots, solid, opaque fencing is allowed. However, the preference is for a
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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
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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
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)
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SECTION 11. Title 17 ZONING REGULATIONS: Section 17.70.120 Lot
coverage is hereby amended as follows:
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
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
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2. Roof eaves which project thirty inches or less from the structure are not
included in the determination of coverage.
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
lot coverage. Any additional square footage of an accessory dwelling unit
lot coverage shall be subject to applicable requirements included in lot
coverage. (Ord. 1705 §§ 17, 23, 2021; Ord. 1677 § 2, 2020; Ord. 1657 § 9,
2019; Ord. 1650 § 3 (Exh. B), 2018)
SECTION 12. Title 17 ZONING REGULATIONS: Section 17.70.170 Setbacks is
hereby amended as follows:
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
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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.
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.
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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
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
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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, 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.
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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
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
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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.
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.
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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 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;
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(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;
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.
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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)
SECTION 13. Title 17 ZONING REGULATIONS: Section 17.70.210 Vision
clearance triangle at intersections is hereby amended as follows:
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
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.
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Figure 3-16. Driveway Visibility
(Ord. 1705 § 17, 2021; Ord. 1650 § 3 (Exh. B), 2018)
SECTION 14. Title 17 ZONING REGULATIONS: Section 17.86.020 Accessory
dwelling units, and junior accessory dwelling units, and guest quarters is hereby
amended as follows:
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.
a. Application. Where this section does not contain a particular type of
standard or procedure, conventional zoning standards and procedures
shall apply.
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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:
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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 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 multifamily,
multistory dwelling unit.
iii. Four feet for an accessory dwelling unit that is attached to a
primary dwelling that is no taller than twenty-five feet.
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
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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).
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
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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
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.
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
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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
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section is meant to expand housing opportunities by increasing the number
of smaller units available within existing neighborhoods.
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.
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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.
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.
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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.
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.
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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).
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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.
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
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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 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)
SECTION 15. Title 17 ZONING REGULATIONS: Section 17.86.160 Homestay
rentals is hereby amended as follows:
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
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the public notification period, the director may schedule a hearing for the
application pursuant to the requirements of a minor use permit.
C. Application 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.
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.
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
Ordinance No. _____ (2026 Series) Page 45
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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 ongoing
operation requirements and annual verification processes 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)
SECTION 16. Title 17 ZONING REGULATIONS: Section 17.92.020 Limits on
reconstruction - Exceptions is hereby amended as follows:
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
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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.
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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.
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. Additions to nonconforming structures that conform to current building codes,
zoning regulations, and design guidelines for the purpose of creating an
accessory dwelling unit may be permitted ministerially.
SECTION 17. Title 17 ZONING REGULATIONS: Section 17.140.040 Standard
incentives for housing projects is hereby amended as follows:
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
Ordinance No. _____ (2026 Series) Page 48
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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 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
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Table 8-3: Density Bonus for Percentage of Low-
Income Dedicated Units
Percentage Low-Income
Units
Percentage Density
Bonus
15 27.5
16 29
17 30.5
18 32
19 33.5
20 35
21 38.75
22 42.5
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:
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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
5 20
6 22.5
7 25
8 27.5
9 30
10 32.5
11 35
12 38.75
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.
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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
14 9
15 10
16 11
17 12
18 13
19 14
20 15
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Table 8-5: Density Bonus for Percentage of Moderate-
Income Dedicated Units
Percentage Moderate-
Income Units Percentage Density Bonus
21 16
22 17
23 18
24 19
25 20
26 21
27 22
28 23
29 24
30 25
31 26
32 27
33 28
34 29
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Table 8-5: Density Bonus for Percentage of Moderate-
Income Dedicated Units
Percentage Moderate-
Income Units Percentage Density Bonus
35 30
36 31
37 32
38 33
39 34
40 35
41 38.75
42 42.5
43 46.25
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:
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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
18 23
19 24
20 25
21 26
22 27
23 28
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Table 8-6: Density Bonus for Land Donation
Dedication for Affordable Housing
Percentage Very Low-
Income Units
Percentage Density
Bonus
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
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:
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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)
SECTION 18. Title 17 ZONING REGULATIONS: Section 17.156.004 A
definitions is hereby amended as follows:
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
“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
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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
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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.
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)
SECTION 19. A summary of this ordinance, together with the names of Council
members voting for and against, shall be published at least five (5) days prior to its final
passage, in The New Times, a newspaper published and circulated in this City. This
ordinance shall go into effect at the expiration of thirty (30) days after its final passage.
INTRODUCED on the 5th day of May, 2026, on the following vote:
AYES:
NOES:
ABSENT:
___________________________
Mayor Erica A. Stewart
ATTEST:
_______________________
Teresa Purrington
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City Clerk
APPROVED AS TO FORM:
_______________________
J. Christine Dietrick
City Attorney
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the
City of San Luis Obispo, California, on ______________________.
___________________________
Teresa Purrington
City Clerk