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ORDINANCE N0.1034(1985 Series)
AN ORDINANCE OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
AMENDING'CHAPTER 17.21; SECTION 17.21.030 OF THE MUNICIPAL CODE,
ESTABLISHING SIZE LIMITS FOR SECOND RESIDENTIAL UNITS
BE IT ORDAINED; by the Council of City of San Luis Obispo as follows:
SECTION 1. Section 17.21.030 of Chapter 17.21 of the San Luis Obispo
Municipal code is hereby amended by adding subsection 17.21.030(H) to limit:the
size of second residential units as follows:
17.21.030 GENERAL REQUIREMENTS
A. Purpose. These requirements supersede requirements in the zoning
regulations. Where this chapter does not contain a particular type of standard
or procedure; conventional zoning standards and procedures shall apply.
B. Areas Where Second Units Are Allowed. Upon approval of an
administrative use permit and upon meeting other requirements of this section;
second units may be established in the following zones: R -1; R -2; R -3 and R-4.
C. Areas Prohibited. Second units shall not be established in any
condominium or planned development project; or any mobile home subdivision; or
trailer park; and under no circumstances shall a second unit be allowed; where
in the opinion of the director; a resource deficiency exists as defined by
Chapter 2.44 of this code.
D. Owner Occupancy. Either the primary unit or second unit must be
owner- occupied.
E. No Subdivision of Property. No subdivision of property shall be
allowed where a second unit has been established unless the subdivision meets
all requirements of zoning and subdivision regulations. Nothing in this
section shall prohibit joint ownership of the property where a second unit has
been established.
F. Sale of Property. This section shall also apply to new owners of
property where a second unit has been established if the property is sold. All
conditions of the use permit; restrictive covenants and other contractual
agreements with the city; shall apply to the property and new owners.
G. Unit Type Allowed. A second unit shall be attached to the primary
unit on the lot and shall be located within the living area of the primary
unit. Whenever an increase in floor area is involved, it shall not exceed ten
percent of the existing living area. (Ord. 1004; Section 1 (part); 1984; prior
code section 9920)
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Ordinance No. 1034 (1985 Series)
Page 2
H. Size of Second Unit. The gross floor area of the second unit shall
not exceed 450 square feet. The Planning Commission may authorize exception to
this standard by use permit upon finding that:
1. The purpose of this chapter is served.
2. Strict compliance with the size limitation would (a) require
significant structural modifications that would not be required
otherwise; or (b) adversely affect an historic or architecturally
significant building.
SECTION 2. This Ordinance,' together with the ayes and noes,' shall be
published once in full,' at least three (3) days prior to its final passage in
the Telegram - Tribune; a newspaper published and circulated in said City; and
the same shall go into effect at the expiration of thirty (30) days after its
said final passage.
INTRODUCED AND PASSED TO PRINT by the Council of the City of San Luis
Obispo at a meeting held on the _. -5-th - day of -February; 1985, on motion of
Councilman Duriiri
seconded ourici woman' ovey and on the
following roll call vote:
AYES: Councilmembers Dunin, Dovey, Griffin, Settle and Mayor Billig
NOES: None
ABSENT: None
ordinance_No.1034 (1985 Series)
Page 3
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City Att ney
Community De elopment Director
2 -19
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ORDINANCE NO. '1034
FINALLY PASSED this 19th
-7-
(19 85 Series)
day of February
198 5, on motion of Councilwoman Dovey , seconded by
Councilman Dunin , and on the following roll call
vote:
AYES: Councilmembers Dovey, Dunin, Griffin, Settle and Mayor Billig
NOES: None
ABSENT: None
ATTEST: