HomeMy WebLinkAbout1528ORDINANCE NO. 1528 (2009 Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO AMENDING TITLE 17 (ZONING REGULATIONS) OF THE
MUNICIPAL CODE (GPI 67 -08)
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 22, 2009, and recommended approval of amendments to Title 17 (Zoning
Regulations) of the Municipal Code; 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 June 2,
2009, for the purpose of considering amendments to Title 17 of the Municipal Code (GPI 67 -08);
and
WHEREAS, the City Council finds that the proposed text amendments are consistent
with the General Plan, the purposes of the Zoning Regulations, and other applicable City
ordinances; and _
WHEREAS, notices of said public hearings were made at the time and in the manner
required by law; and
WHEREAS, the City Council has reviewed and considered the Negative Declaration of
environmental impact for the project, as prepared by staff and reviewed by the Planning
Commission; and
BE IT ORDAINED by the Council of the City of San Luis Obispo as follows:
SECTION 1. Environmental Determination. The City Council finds and determines that
the project's Negative Declaration adequately addresses the potential significant environmental
impacts of the proposed project, and reflects the independent judgment of the City Council. The
Council hereby adopts said Negative Declaration.
SECTION 2. Findings. Based upon all the evidence, the Council makes the following
findings:
1. The proposed amendments will not significantly alter the character of the City or cause
significant health, safety or welfare concerns, since the amendments are consistent with
the General Plan and directly implement City goals and policies.
2. The Initial Study adequately evaluates all of the potential impacts of the project and the
Negative Declaration correctly determines that the project will not have a significant
adverse impact on the environment.
SECTION 3. Action. The Zoning Regulations text amendments (GPI 67 -08), as set
forth in Exhibit A, are hereby adopted.
Ordinance No. 1528 (2009 S s)
Page 2
SECTION 4. A summary of this ordinance, together with the names of Council
members voting for and against, shall be published at least five (5) days prior to its final passage,
in The Tribune, 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 2nd day of June, 2009, AND FINALLY ADOPTED by the
Council of the City of San Luis Obispo on the 7`h day of July, 2009, on the following vote:
AYES: Council Members Ashbaugh, Carter and Marx, Vice Mayor Settle and
Mayor Romero
NOES: None
ABSENT: None
ATTEST:
Elaina Cano
Interim City Clerk
D VED AS TO RM:
onathan P. Lowell
City Attorney
Mayor David F. Romero
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"Exhibit A" for Ordinance 1528 (2009 Series) is on file at the
City Clerk's Office.
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Chapter 17.02: General Provisions
Sections:
17.02.010 Title.
17.02.020 Purpose.
17.02.030 General requirement.
17.02.040 Interpretation.
17.02.050 General plan consistency - Regulations interpretation and application.
17.02.010 Title
This division shall be known and cited as the "Zoning Regulations of the City." (Ord. 941 -
1 (part), 1982: prior code - 9201.1)
17.02.020 Purpose.
These regulations are intended to guide the development of the city in an orderly manner,
based on the adopted general plan, to protect and enhance the quality of the natural and
built environment, and to promote the public health, safety and general welfare by
regulating the use of land and buildings and the location and basic form of structures.
(Ord. 941 - 1 (part), 1982: prior code - 9201.2)
17.02.030 General requirement.
Land or buildings may be used and structures may be erected or altered only in
accordance with these regulations. (Ord. 941 - 1 (part), 1982: prior code - 9201.5)
17.02.040 Interpretation.
A. Ambiguity. The Director shall interpret these regulations, subject to the appeal
procedures of Chapter 17.66. Written requests for interpretation shall be responded
to in writing within 10 days and shall become part of the permanent files of the
Community Development Department.
B. Zone District Boundaries.
1. Boundaries between zoning districts generally follow lot lines or their extensions,
physical features, or contour lines, as noted on the official zoning map.
Boundaries adjoining streets shall be assumed to follow the centerlines of streets
if such location becomes an issue in the use of private property, such as when a
street is abandoned. Zones which meet a street centerline shall not be
considered "adjacent."
2. The location of boundaries which are not readily determined by inspection of the
official zone map shall be determined by the Director.
C. Conflict with Public Provisions. These regulations are not intended to interfere
with or annul any other law or regulation. Where these regulations impose a
restriction different from any other law or regulation, the more restrictive shall apply.
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D. Conflict with Private Provisions. These regulations are not intended to interfere
with or annul any easement, covenant, or other agreement between private parties.
Where these regulations impose a restriction different from a private agreement, the
provisions which are more restrictive or which impose higher standards shall control.
(Ord. 941 - 1 (part), 1982: prior code - 9204.5)
17.02.050 General plan consistency - Regulations interpretation
and application.
The regulations codified in this title shall be interpreted and applied in a manner
consistent with the general plan. (Ord. 941 - 1 (part), 1982: prior code - 9204.1)
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Chapter 17.06: Zones Established - Zoning Map
Sections:
17.06.010 Designation of zones.
17.06.020 Areas within the city to be designated within a zone district - Zoning Map
to be a part of these regulations.
17.06.010 Designation of zones.
For purpose of the regulations set out in this division, the following zones are created:
Residential Zones:
R -1 Low - density residential
R -2 Medium - density residential
R -3 Medium -high- density residential
R -4 High- density residential
Non - residential Zones:
C /OS Conservation /Open Space
O Office
BP Business Park
PF Public Facility
C -N Neighborhood - Commercial
C -C Community - Commercial
C -D Downtown Commercial
C -R Retail- Commercial
C -T Tourist - Commercial
C -S Service- Commercial (formerly C -H)
M Industrial (Manufacturing)
AG Agricultural (Ord. 1365 (2000 Series))
Overlay Zones:
SP Specific Plan
H Historical and Architectural Preservation
S Special Considerations
PD Planned Development
MU Mixed Use (Ord. 941 - 1(part), 1982: prior code - 9201.3)
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17.06.020 Areas within the city to be designated within a zone
district - Zoning map to be a part of these regulations.
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All areas within the city shall be designated within a zone district. The official zone map,
which shall depict all duly adopted zone districts, is as much a part of these regulations as
if it were fully contained in this document. The official zone map shall be maintained by
and in the Department of Community Development, and for convenience in more easily
identifying zone boundaries may be divided into parts. (Ord. 941 - 1 (part), 1982: prior
code - 9201.4)
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Chapter 17.08: Uses Allowed In Several Zones
Sections:
17.08.010 Temporary uses.
17.08.020 Outdoor sales.
17.08.030 Service stations.
17.08.040 Concurrent sales of motor fuel and alcoholic beverages.
17.08.050 Vending machines.
17.08.060 Electronic game amusement centers.
17.08.070 Mineral extraction.
17.08.072 Mixed Use projects.
17.08.080 Public utilities.
17.08.090 Home occupations.
17.08.095
Neighborhood grocery markets.
17.08.100
Child and adult day care.
17.08.110
Homeless shelters.
17.08.120
Location of pools and pool equipment.
17.08.130
Live /work and work/live units
17.08.010 Temporary and Intermittent Uses.
A. Purpose and Intent. The provisions codified in this chapter provide for certain
temporary and intermittent uses. It establishes standards and procedures to assure
that such uses are compatible with their surroundings and the intent of these
regulations.
In approving a temporary or intermittent use, the Director may establish requirements
related to, but not limited to, days and hours of operation, parking, temporary
structures, and site planning, in addition to performance standards specified below.
The Director shall determine the extent to which any permanent on -site parking and
other facilities may satisfy the requirements for the proposed use. A temporary use
approval is not intended to allow a land use that is not allowed in the primary zoning
district, other than in the specific cases listed in Section C.
The Director may refer any proposed temporary or intermittent use to an
administrative hearing or to the Planning Commission for action.
B. Definitions. A temporary use is one which is established at a particular location for
less than one year. An intermittent use is one which occurs no more than 90 days in
a year, but which may continue from year -to -year.
C. Specific cases:
1. Real Estate Sales Office in Tract.
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A temporary real estate sales office may be established in a residential
development for the initial sale of property in that development, upon written
approval by the Director. Such an office may be located within a residence or a
common or temporary building. If a temporary building is used, it shall be
removed upon termination of the use.
2. Mobile Home as Construction Office.
a. A mobile home may be used as a temporary office at a construction site for
not more than six months upon written approval of the Chief Building Official
subject to any conditions he deems necessary to protect health, safety, and
welfare. Upon written request received prior to expiration, the use may be
continued for six -month periods, not to exceed a total of eighteen months, by
the Chief Building Official.
b. An administrative use permit is required to allow a mobile home as a
temporary construction office when the mobile home is not located on the
same property as the construction site. The same time limitations as
stipulated above for an on -site mobile home would apply, with approvals for
extensions of the use made by the Director. Also with the Chief Building
Official's or Director's approval, the mobile home may be occupied by a
resident guard or caretaker, provided it is properly connected to city utilities or
other safe means of waste disposal is assured.
3. Mobile Home as Temporary Residence at Building Site.
Upon written approval by the Chief Building Official, a mobile home, trailer or
recreational vehicle may be parked on a lot and occupied by the lot owner while
he /she is building a dwelling on the lot for his /her own occupancy. The mobile
home or vehicle shall be connected to the city sewer system or shall be
self- contained, with disposal contracted for. Approval shall be for renewable
six -month intervals, not to exceed a total of 18 months.
4. Recreational vehicle as temporary dwelling.
A recreational vehicle may be parked in a residential parking space or driveway
for periods not to exceed seven days, for the purpose of housing guests of on -site
residents only. Such recreational vehicle shall not be parked so as to prevent
residents of any other dwellings on the site from using their assigned parking
spaces, nor shall it discharge waste or sewage into the city's sewage system. No
hose, electrical cord, pipe, wire, or other device extending from the vehicle may
be permitted to encroach on any access easement or sidewalk.
5. Construction Activities.
Construction and demolition, including fabrication of building components and
other activities normally associated with property development and maintenance,
may be conducted in any zone, provided they are pursued according to plans and
procedures approved by the Chief Building Official.
6. Educational Conferences.
Student housing complexes normally occupied for part of the year may be used
during their vacant periods for educational conferences provided an
administrative use permit is approved by the Director. The occupancy of such
facilities during educational conferences shall not exceed the maximum
established by any prior City approval for residential occupancy.
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7. Parades, Carnivals, Fairs, Festivals.
Use of privately owned property for parades, carnivals, fairs, and festivals
requires approval of an administrative use permit. Where these events involve
public property, coordination with the City Clerk's Office is required.
8. Other Temporary or Intermittent Uses.
Upon approval of an administrative use permit, the Director may approve other
temporary or intermittent uses, including but not limited to: musical events,
auctions, estate sales, clothing outlet sales, nonprofit benefits, parking lot sales,
and car shows.
17.08.020 Outdoor sales.
A. Sales of Christmas Trees and Other Agricultural Products. Upon written approval
by the Director, premises within non - residential zones may be used for the sale of
Christmas trees, pumpkins, flowers, or seasonal produce, subject to the following
requirements and any other conditions that the Director deems necessary:
1. Sales shall be limited to Christmas trees, pumpkins, or seasonal produce and
related accessory items only, as specified in the letter of approval.
2. Sales of Christmas trees shall not be conducted before Thanksgiving or after
December 26. The duration of pumpkin and seasonal produce sales shall be
subject to Director approval.
3. The site shall be maintained in a neat and orderly manner at all times. All sales
items, sales equipment, temporary power poles, other temporary structures, and
signage shall be kept behind a 10 -foot setback from all street rights -of -way and
they shall be removed within 10 days after the close of the sale. Trash and
recycling receptacles shall be provided in a convenient location for customers.
4. A camper or trailer for overnight security may be parked on -site, for the duration
of the permit, if kept more than 10 feet back from the street right -of -way.
5. A sign permit shall be obtained for any proposed signage. Maximum sign area
shall not exceed 32 square feet. No bunting strips, banners, flags, whirligigs, or
other attention - getting devices shall be displayed on site without Director
approval.
6. When the use is temporary or intermittent, the applicant may be required to post
a refundable deposit, set by the Community Development Director, with the
Community Development Department to assure site clean -up, if necessary.
Deposit shall be in the form of a cashier's check and shall be made prior to
occupying the site.
7. Outdoor sales lots are subject to all fire safety measures, including location of fire
extinguishers, as required by the Fire Marshal.
8. Any Christmas trees sold for use in public facilities shall be flame - proofed with a
state Fire Marshal- approved material by a state - licensed application.
9. Applicant shall obtain a City business tax certificate. A copy of the Director's
approval and the business tax certificate shall be posted in a conspicuous
location at all times when the use is in operation.
10. The applicant shall secure a building permit for any structure requiring a permit,
associated with the use. The plan shall show the proposed vehicular circulation
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pattern, parking layout, and location of structures. Plans shall also demonstrate
compliance with Title 24 requirements for handicap accessibility.
11. The use shall comply with all requirements of the County Health Department.
12. Restroom facilities shall be provided either on -site or on a nearby property, to the
satisfaction of the Chief Building Official.
13. No sales or display shall take place in the public right -of -way.
14. Upon written receipt of complaints from the public or the Police Department, the
Director's approval may be scheduled for administrative hearing review. At the
public hearing, the Hearing Officer may add, delete, or modify conditions of
approval, or may revoke the approval.
B. Other outdoor sales. Outdoor sales of nonagricultural products, such as food carts,
barbecues, and swap meets shall be limited to the types of retail sales allowed in the
location's zone. "Outdoor sales" may be temporary, intermittent, or permanent.
"Outdoor sales" do not include incidental outdoor display of merchandise associated
with a business occupying a building on the site, nor sale of things usually sold
outdoors, such as boats, vehicles, and building or landscape materials. (See also
Chapter 5.16 - Solicitors and Peddlers and Chapter 5.48 - Sales on Streets and
Sidewalks.)
1. Other outdoor sales require approval of an administrative use permit, except in
cases where the Director determines a Planning Commission use permit would
be more appropriate. Parking requirements, setbacks to sales or storage areas,
safety and aesthetic screening, and other development standards usually related
to buildings shall be established by use permit approval.
17.08.030 Service stations.
Service stations are permitted as specified in the zone district regulations, subject to the
following conditions:
A. Premises adjoining residential zones shall be screened from such zones by a
six - foot -high landscaped visual barrier, subject to the limitations of Section 17.16.050,
Fences, walls and hedges.
B. Street frontage between driveways shall have a low wall or other landscape barrier to
prevent vehicles from being driven or parked on the sidewalk.
C. Bells or other sound signals shall be turned off between 10:00 p.m. and 7:00 a.m. if
the station is adjacent to a residential zone.
D. Pump islands shall be located at least 15 feet from any street right -of -way line or
setback line, except that cantilevered roofs may extend to a point at least five feet
from such lines.
E. Repair work shall be done and dismantled vehicles shall be stored inside a building or
area screened so that it is not visible from off the premises. (See also Chapter 17.18,
Performance Standards and Section 5.36.020, SERVICE STATIONS, Alcoholic
beverages - Sale prohibited - Exceptions.) (Ord. 1085 - 1 Ex. A (part), 1987; Ord.
1006 - 1 (part), 1984: Ord. 941 - 1 (part), 1982: prior code - 9202.1(C))
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17.08.040 Concurrent sales of motor fuel and alcoholic beverages.
Concurrent sales of motor fuel and alcoholic beverages at a service station other than
beer or wine are prohibited. The concurrent sales of motor fuel and beer or wine at a
service station shall be subject to the approval of an Administrative Use Permit and the
following:
A. There shall be no sales of beer or wine for on -site consumption;
B. Beer or wine may be sold only in conjunction with selling groceries and other sundries
and convenience items;
C. There shall be no advertisement or display of beer or wine visible from off the
premises;
D. No beer or wine shall be displayed within 5 feet of the cash register or front door;
E. No advertisement of beer or wine shall be displayed at motor fuel islands and no
self - illuminating advertising for beer or wine shall be located on buildings or windows;
F. No sales of beer or wine shall be made from a drive -in window;
G. No display or sales of beer or wine shall be made from an ice tub.
H. Employees on duty between the hours of 10 p.m. and 2 a.m. who sell beer or wine
shall be at least 21 years of age.
I. For purposes of this section, "concurrent sales of motor fuel and beer or wine" shall
mean the ability to purchase motor fuel and beer or wine at the same time or at the
same place. More specifically, a service station that permits a customer to pay for
motor fuel and beer or wine: 1) at the same location, or 2) utilizing a single financial
transaction, is engaging in concurrent sales of motor fuel and beer or wine and shall
be subject to this ordinance.
J. In order to grant approval of a Use Permit, the Hearing Officer must make the
following findings in addition to findings contained in Section 17.58.040:
1. The establishment of concurrent sales of motor fuel and beer or wine is
consistent with the provisions of the Business and Professions Code Section
23790.5.
2. The sale of beer or wine at this location does not jeopardize the public health,
safety or welfare, e.g., will not result in an over concentration of businesses
selling or serving alcoholic beverages within the vicinity.
3. The sale of beer or wine at a service station is otherwise allowed within the same
zoning district at this location and the sale of beer or wine concurrent with motor
fuel would not result in the expansion of a non - conforming use. (Prior Code Ord.
1124 —1 Ex. A (part), 1988; Ord. 1446 (2004 Series) updated)
17.08.050 Vending machines.
A. A "vending machine" is a device which dispenses a product or service, either for sale
or for free, and which is activated entirely by the receiver of the product or service,
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including ice machines, cigarette machines, food vending machines, and newspaper
racks and the like. Vending machine does not include a motor fuel pump.
B. Indoor vending machines are accessory to allowed uses. Outdoor vending machines
are allowed in all commercial ( "C ") zones.
1. Vending machines shall be located along the face of a building or against a
structure designed to accommodate them;
2. They shall be visible from access drives or public streets;
3. They shall occupy not more than 10% the length of the wall facing the street or
access drive, or twenty feet, whichever is less;
4. They shall not obstruct private pedestrian walkways; a minimum of 44 inches
shall be kept clear of obstructions, or more if pedestrian traffic volume warrants.
They are not allowed on public sidewalks. (Ord. 941 - 1 (part), 1982: prior code -
9202.1(H ))
17.08.060 Electronic game amusement centers.
During the processing of the required use permit for an electronic game amusement
center (see Section 17.100, Definitions), the appropriateness of the proposed location and
possible land use conflicts created by the use shall be evaluated.
All electronic game amusement centers (hereinafter referred to in this section as
"centers ") shall be licensed in accordance with Chapter 5.52 of this code and shall comply
with the following requirements and restrictions:
A. Centers shall comply with all applicable laws and conditions of use permit approval;
B. No center shall be allowed:
1. Within 1,000 feet of the exterior limits of any public or private elementary school,
junior high school of high school;
2. Within 500 feet of the exterior limits of a PF district or any district where
residential use is the principal permitted use;
3. Within 500 feet of the exterior limits of any premises whereon the principal
business is the sale or consumption of alcoholic beverages, including, but not
limited to, bars, taverns and liquor stores;
4. Within 1,000 feet of the exterior limits of any other premises occupied by another
center.
C. No person under 18 years of age may enter, be or remain in a center during such
time as the San Luis Coastal Unified School District is conducting its regular daytime
education program;
D. Centers shall have at least one responsible adult supervisor on duty at all times
whose primary responsibility shall be supervision of electronic game play;
E. Noise attenuation measures shall be taken as required by conditions of use permit
approval;
F. No person under 18 years of age may play electronic games at a center located at a
place of business where alcoholic beverages are sold, served or consumed;
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G. Bicycle racks shall be provided within a reasonable distance of any center and shall
provide at least one bicycle stall for each electronic game in the center.
H. Centers shall be closed from 2:00 a.m. to 6:00 a.m. and for such times as required by
conditions of the use permit;
I. Adequate space shall be provided for each electronic game so as to allow its use
without overcrowding;
J. Parking shall be as required by the use permit for a center. (Ord. 946 - 1 (part), 1983:
prior code - 4953)
K. Facility and operation exceptions.
Exceptions to any of the requirements listed in this section may be considered during
the use permit review process provided the following findings can be made:
1. The requested exception to the facility and operation requirements will not affect
the ability of the electronic game amusement center to be compatible with
surrounding land uses.
2. The requested exception to the facility and operation requirements will not
encourage school -age children from frequenting the electronic game amusement
center while the San Luis Coastal Unified School District is conducting its regular
daytime education program.
3. The purpose and intent of the facility and operation requirements are still met with
the approval of the requested exception. (Ord. 1128 - 1 Ex. (part), 1988)
17.08.070 Mineral extraction.
Commercial mining is prohibited within city limits. (Ord. 1365 (2000 Series)(part))
17.08.072 Mixed Use Projects
This Section provides standards for the design of mixed use projects.
A. Design considerations. A mixed use project shall be designed to achieve the
following objectives.
1. The design shall provide for internal compatibility between the different uses.
2. Potential noise, odors, glare, pedestrian traffic, and other potentially significant
impacts on residents shall be minimized to allow a compatible mix of residential
and nonresidential uses on the same site.
3. The design of the mixed use project shall take into consideration potential
impacts on adjacent properties and shall include specific design features to
minimize potential impacts.
4. The design of a mixed use project shall ensure that the residential units are of a
residential character, and that privacy between residential units and between
other uses on the site is maximized.
5. The design of the structures and site planning shall encourage integration of the
street pedestrian environment with the nonresidential uses through the use of
plazas, courtyards, walkways, and street furniture.
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6. Site planning and building design shall be compatible with and enhance the
adjacent and surrounding residential neighborhood in terms of scale, building
design, color, exterior materials, roof styles, lighting, landscaping, and signage.
B. Mix of uses. A mixed use project requires a combination of residential units with any
other use, or combination of uses allowed in the applicable zoning district by Section
17.22.010; provided that where a mixed use project is proposed with a use required
by Section 17.22.010 to have Use Permit approval in the applicable zoning district,
the entire mixed use project shall be subject to that permit requirement.
C. Maximum density. The residential component of a mixed use project shall comply
with the maximum density requirements of the applicable zoning district; except that
the base density of the residential component of a mixed use project in the C -S or M
zoning districts shall not exceed 24 density units per net acre, plus density bonuses
where applicable.
D. Site layout and project design standards. Each proposed mixed use project shall
comply with the property development standards of the applicable zoning district, and
the following requirements.
1. Location of units. Residential units shall not occupy ground floor space within
the first 50 feet of floor area measured from each building face adjacent to a
street, or any ground floor space in the CD zoning district.
2. Loading areas. Commercial loading areas shall be located as far as possible
from residential units and shall be screened from view from the residential portion
of the project to the extent feasible.
3. Refuse and recycling areas. Areas for the collection and storage of refuse and
recyclable materials shall be located on the site in locations that are convenient
for both the residential and non - residential uses.
E. Performance standards.
1. Lighting. Lighting for the commercial uses shall be appropriately shielded to not
negatively impact the residential units.
2. Noise. All residential units shall be designed to minimize adverse impacts from
non - residential project noise, in compliance with the City's noise regulations.
3. Hours of operation. A mixed -use project proposing a commercial component
that will operate outside of the hours from 8:00 a.m. to 6:00 p.m. shall require the
Director's approval to ensure that the commercial use will not negatively impact
the residential uses within the project.
F. Requirements for Use Permit projects. A mixed use project that requires Use
Permit approval in compliance with Subsection B., or that is located in the C -S or M
zoning districts is subject to the following requirements.
1. Property development standards. The approval of a Use Permit for a mixed
use project may include:
a. Conditions of approval that require provisions and standards in addition to, or
instead of the property development standards of the applicable zoning
district to ensure the compatibility of uses and surroundings; or
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b. Less restrictive standards than required by the applicable zoning district, to
the extent allowed by Use Permit approval in other sections of these
regulations, to make particular use combinations more feasible.
2. Mandatory findings for approval. The approval of a Use Permit for a mixed
use project shall require that the review authority first make all of the following
findings, as applicable.
a. The projects mixed uses are consistent with the general plan and are
compatible with their surroundings, with neighboring uses, and with each
other;
b. The projects design protects the public health, safety, and welfare; and
c. The mixed uses provide greater public benefits than single -use development
of the site. This finding must enumerate those benefits, such as proximity of
workplaces and housing, automobile trip reduction, provision of affordable
housing, or other benefits consistent with the purposes of this Section.
3. Mandatory findings for more restrictive standards. To require property
development standards more restrictive than those of the underlying zone, the
review authority must make one of the following findings:
a. Site - specific property development standards are needed to protect all
proposed uses of the site, in particular residential uses; or
b. Site- specific property development standards are needed to make the project
consistent with the intent of these regulations; or
c. The preponderance of the development proposed for the site is of a type not
normally permitted in the underlying zone, so property development
standards for the zone where such development is normally found are
appropriate.
17.08.080 Public utilities.
A. Distribution facilities may be located in any zone; provided, that equipment on the
ground in residential zones shall be screened by landscaped visual barriers.
B. Transmission lines may be located in any zone, provided the route is approved by the
Planning Commission.
C. Other unmanned public utility structures may be located in any zone, provided an
administrative use permit is approved by the Director. (Ord. 941 - 1 (part), 1982:
prior code - 9202.1(E))
17.08.090 Home occupation.
A. Intent. The provisions set forth in this section are intended to allow the conduct of
home enterprises that are incidental to and compatible with surrounding residential
uses. A "home occupation" is gainful employment engaged in by the occupants of a
dwelling.
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B. Permit Required.
JunE 2008
The conduct of home occupation requires the approval of a home occupation
permit by the Director, who may establish additional conditions to further the
intent of this section. A permit is required when a person does business in
his /her home, uses his /her home address as a business address on business
licenses and tax certificates, or uses his /her phone as a business phone. Home
occupations may be conducted from dwellings located in residential zones or
from dwellings located in commercial zones where dwellings are an allowed or
conditionally allowed use. Home occupation permits are not required for
employees telecommuting.
A public notice shall be posted at the site of each proposed home occupation. If
anyone informs the Community Development Department of a question or
objection concerning the proposed home occupation that cannot be satisfactorily
resolved within five days of the posting, the Director shall schedule a hearing for
the application as provided for administrative use permits. If no questions or
objections are received by the Community Development Department within five
days after posting, the Director may issue the permit upon submission of all
required information and without further notice or public hearing.
2. State licensed child day care centers for six or fewer children are exempt from
home occupation regulations (see state Health and Safety Code, Section 1529.5).
C. General Requirements.
1. Home occupations shall not involve customer access or have other
characteristics which would reduce residents' enjoyment of their neighborhoods.
The peace and quiet of residential areas shall be maintained.
2. There shall be no customers or clients except for:
a) Private instruction, such as education tutoring, music, or art, on an individual
basis, provided there are not more than six (6) students in any one day.
b) Physical therapists, including massage, or other therapists, who shall have no
more than one client on site at any time and no more than six (6) clients in any
one day.
c) Attorneys, accountants and other low visitation consultants.
Businesses with customer access shall maintain at least one (1) on -site customer
parking space in addition to their required residential parking. For the purposes of
this section only, parking in a driveway that has a minimum depth of 20 feet from
the back of sidewalk and is made available to customers during business hours
of operation shall meet the definition of a parking space.
3. Activities shall be conducted entirely within the dwelling unit or an enclosed
accessory building, and shall not alter the appearance of such structures.
(Horticultural activities may be conducted outdoors.)
4. There shall be no sales, rental or display on the premises (internet and phone
sales okay).
5. There shall be no signs other than address and names of residents.
6. There shall be no advertising of the home occupation by street address except
that street address may be included on business cards and business
correspondence originating from the home.
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City Of SAn Luis OBISPO
junE Zoos zoninc, nequLAVons
7. No vehicle larger than a van or three - quarter -ton truck may be used in connection
with a home occupation. A marked commercial vehicle used in conjunction with
the occupation shall have no more than two (2) square feet of advertising.
Licensed vehicles and trailers used in connection with a home occupation are
limited to one (1) additional vehicle and /or trailer.
8. The home occupation shall not encroach on any required parking, yard, or open
space area.
9. Parking for vehicles used in connection with the home occupation shall be
provided in addition to parking required for the residence.
10. Activities conducted and equipment or materials used shall not change the fire
safety or occupancy classifications of the premises, nor use utilities in amounts
greater than normally provided for residential use.
11. No use shall create or cause noise, dust, vibration, smell, smoke, glare, or
electrical interference, or other hazard or nuisance.
12. No employees other than residents of the dwelling shall be allowed to work on-
site. (Babysitters or domestic servants are not considered employees of a home
occupation.)
13. Clients or customers shall not visit the home occupation between the hours of
7:00 p.m. and 7:00 a.m.
14. If the home occupation is to be conducted from rental property, the property
owner's authorization for the proposed use shall be obtained.
15. No delivery or commercial pick -up shall be by vehicles lager than a typical
delivery van (Fed Ex, UPS, etc.). Direct customer pick -up is prohibited.
D. Prohibited Uses. The following uses by their operation or nature may interfere with
residential welfare and diminish the convenience intended for commercial zones, and
therefore shall not be permitted as home occupations, However, off -site work is
permitted:
1. Automotive repair (body or mechanical), or detailing, upholstery or painting of
automobiles, when performed on the same site as the home occupation.
2. Personal services, such as beauticians and estheticians (See Zoning Regulations
Chapter 17.100);
3. Carpentry or cabinet making;
4. Welding or machining;
5. Medical offices, clinics, laboratories, except that counseling is permitted, when no
more than one client visit or group session is held at one time;
6. Appliance, radio or television repair;
7. Print shop or photograph development; digital photo production is permitted;
8. Gun or ammunition sales, including off -site and by mail order. (Ord. 1102 - 1 Ex.
A(4), 1987; Ord. 1006 - 1 (part), 1984: Ord. 941 - 1 (part), 1982: prior code -
9202.1(D))
17.08.095 Convenience Stores.
A. Intent. The standards in this section are intended to assure that neighborhood
markets will serve persons who live or work in nearby neighborhoods, and who will
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junE2008
normally not need an automobile to get to the market. The standards should ensure
that such markets offer adequate food and supplies to attract customers who would
otherwise drive to a large supermarket. Limits on hours and alcohol sales and other
provisions will prevent such stores from becoming a nuisance to the neighborhood.
B. Standards. The following standards shall apply to all neighborhood grocery markets.
Maximum Size. Gross floor area shall not exceed 3,000 square feet per business.
Floor area for any accessory residential use shall not be counted toward the
allowed market floor area.
2. Height, Setback, and Lot Coverage. Neighborhood grocery markets shall comply
with the height, setback, and coverage requirements for the underlying zone,
except that markets in residential zones shall comply with standards for the C -N
zone.
3. Loading and Deliveries. One curbside or off - street loading space shall be
provided per business. Loading and deliveries is permitted only between the
hours of 8:00 a.m. and 9:00 p.m.
4. Hours of Operation. Neighborhood grocery markets shall open for business no
earlier than 7:30 a.m., and shall close no later than 10:00 p.m.
5. Alcohol Sales. Neighborhood grocery markets within residential zones shall be
prohibited from selling alcoholic beverages of any kind.
6. Performance Standards. Neighborhood grocery markets shall comply with
Performance Standards, Chapter 17.18 of the Zoning Regulations. In addition, all
exterior trash enclosures, outdoor storage, heating or cooling equipment,
refrigerators, and similar equipment shall be visually screened, and located
and /or designed to avoid noise, odor, glare, or vibration impacts to neighboring
properties.
7. Architectural Review. Neighborhood grocery markets shall be compatible with
neighboring structures in terms of scale, massing, architectural style or character,
colors and materials, access, exterior lighting and landscaping. Exterior changes
shall require architectural review, as provided in Chapter 2.48 of the Municipal
Code.
17.08.100 Child and Adult Day Care
A. Intent. The provisions set forth in this section are intended to enable child and adult
day care opportunities throughout the city, to ensure that day care facilities will be
compatible with residential uses, and to comply with applicable sections of the Health
and Safety Code of the State of California.
B. Permits Required.
1. Adult day care facilities serving six or fewer clients on site at one time and small
family day care homes for eight or fewer children are considered residential uses
for the purposes of zoning regulation. They may be established in all zones
where dwellings are allowed. No use permit is required. (Ord. 1365 (2000
Series)(part))
2. Adult day care facilities serving seven to 12 clients on site at one time and large
family day care homes for children may be established in any zone where
dwellings are allowed, subject to performance standards listed below. These
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city of sAn lids OBISpo
june 2008 zonlnc, nequLAtions
facilities require written approval by the Community Development Director,
consistent with the following review procedures: (Ord. 1365 (2000 Series)(part))
a. Public Notice. Mailed notice of the proposed use shall be given to all property
owners within no more than a 100 -foot radius of the exterior boundaries of
the proposed facility site, no fewer than 10 days prior to the Director's action
to approve or deny an application for a day care facility serving seven to 12
adults or nine to 14 children. If no written request for hearing is received by
the Community Development Department within 10 days from the mailing of
these notices, the Director may approve the requested use upon submission
of all required information and without further notice or public hearing. (Ord.
1365 (2000 Series)(part))
b. Public Hearing. A public hearing shall be required if requested in writing by
the applicant or any other affected person.
Approval. The Director is authorized to approve day care facilities serving
seven to 12 adults or nine to 14 children, subject to the appeal provisions of
Chapter 17.66 of this Title. In accordance with applicable sections of the
California Health and Safety Code, the Director shall approve the use when
he or she determines that the proposed facility: (Ord. 1365 (2000
Series)(part))
i. complies with all applicable provisions of the Fire Code regarding health
and safety; and
ii. complies with property development standards contained in Chapter
17.16 of this Title and with City sign regulations; and
iii. has been issued a day care license from the State of California,
Department of Social Services; and
iv. will satisfy performance standards of this section relating to noise, traffic,
and parking.
3. Day care facilities serving more than 12 adults or more than 14 children require
approval of an administrative use permit where not otherwise allowed or
prohibited, consistent with Section 17.22.010 Uses Allowed by Zone and Section
17.58 Use Permits. These facilities are subject to the performance standards
outlined below.
C. Performance standards for day care facilities serving more than six adults or
more than eight children.
1. Noise. The day care facility shall be subject to all applicable provisions of the
Noise Ordinance (Chapter 9.12 of the San Luis Obispo Municipal Code). Where
the day care facility is adjacent to housing in a residential zone, outdoor play and
activities shall be prohibited prior to 9:00 a.m.
2. Traffic. Designated delivery and pick -up areas shall not pose any traffic or safety
hazards. Operators of day care facilities shall provide carpool- matching services
to all clients.
3. Parking.
a. Day care facilities with seven to 12 adults or nine to 14 children, one on -site
parking space is required, in addition to parking required for the residence,
except when the Director finds that adequate on- street parking exists for
dropping off and picking up clients. (Ord. 1365 (2000 Series)(part))
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Day care centers with more than 12 adults or more than 14 children must
provide two spaces per facility and one space for each 12 day care clients
(based on the facility's license), rounded to the nearest whole number, in
addition to any spaces required for the residential use. See Section
17.16.060 of this Title. (Ord. 1365 (2000 Series)(part))
D. Day care as an accessory use. When day care facilities are accessory to another
use requiring a permit, only one permit application need be filed and acted on. As
accessory uses to schools and churches, and where an employer provides on -site
child care to 14 or fewer children for the exclusive use of employees, day care is
allowed by right, providing the primary use meets City parking standards. (Ord. 1365
(2000 Series)(part))
E. Exceptions. Nothing in this section shall prohibit applicants from requesting
exceptions or variances from the strict interpretation of the Zoning Regulations to the
extent allowed by said regulations. The Director may authorize minor exceptions to
performance standards upon finding that:
The modification is in accordance with the intent and purpose of the Zoning
Regulations, and consistent with City day care policy.
F. Nonconforming status. All day care facilities licensed by the State at the time of
ordinance adoption (1992) shall be considered legal nonconforming uses, consistent
with Chapter 17.10 of these regulations, except that nonconforming day care facilities
may not be changed to another nonconforming use. (Ord. 1225, 1992)
17.08.110 Homeless Shelters.
A. The shelter shall be operated by a responsible agency or organization, with
experience in managing or providing social services.
B. The shelter shall provide at least one qualified on -site supervisor at all times, plus one
additional supervisor for each 10 occupants beyond 20.
C. A use permit for a homeless shelter shall not be approved when another homeless
shelter exists within one -half mile of the proposed site.
D. Nearby R -1 and R -2 neighborhoods shall be adequately buffered from potential
impacts of the proposed shelter.
17.08.120 Location of Pool and Pool Equipment.
A. A swimming pool shall not be located in a required front or side yard.
B. A swimming pool shall not be located within five feet of a property line.
C. Pool equipment shall not be located in a required front yard or that portion of side
yard located between the front lot line and the rearmost portion of the main building.
To minimize the potential impact of noise, equipment shall be located not less than
ten feet from any window or other opening into a dwelling or other habitable building
on an adjacent property.
D. Pool equipment shall be enclosed or screened from street and adjoining property
view.
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city of sAn lugs OBISPo
junE Zoos zonmG REGutdtions
17.08.130 Live/Work and Work /Live Units
A. Purpose. This Section provides standards for the development of live /work and
work/live units, and for the reuse of existing commercial and industrial structures to
accommodate these units. Live /work and work/live units are intended to be occupied
by business operators who live in the same structure that contains the commercial
activity or industry. A live /work unit is intended to function predominantly as living
space with incidental accommodations for work - related activities that are beyond the
scope of a home occupation. A work/live unit is intended to function predominantly as
work space with incidental residential accommodations that meet basic habitability
requirements.
B. Application requirements. The establishment of a work/live unit within the CS or M
zones shall require approval of an Administrative Use Permit. The applicant shall
submit application materials and fees as required by the Community Development
Department.
C. Limitations on use. The non - residential component of a live /work or work/live
project shall be a use allowed within the applicable zone by Section 17.22.010 (Uses
Allowed by Zones), subject to the following additional limitations.
1. Prohibited uses. A live /work or work/live unit shall not be established or used in
conjunction with any of the following activities:
1. Adult businesses; or
2. Vehicle maintenance or repair (e.g., body or mechanical work, including
boats and recreational vehicles), vehicle detailing and painting, upholstery,
etc.).
2. Live /work unit. A live /work unit shall not be established or used in conjunction
with any of the following activities:
1. Storage of flammable liquids or hazardous materials beyond that normally
associated with a residential use;
2. Welding, machining, or any open flame work;
3. Any use defined by Section 17.22.020 (Land Use Definitions) as
"Manufacturing - Heavy"; and
4. Any other activity or use, as determined by the Director to not be compatible
with residential activities and /or to have the possibility of affecting the health
or safety of live /work unit residents, because of the potential for the use to
create dust, glare, heat, noise, noxious gasses, odor, smoke, traffic, vibration
or other impacts, or would be hazardous because of materials, processes,
products, or wastes.
D. Density. Live /work and work/live units shall comply with the maximum density
requirements of the applicable zoning district.
E. Design standards.
1. Floor area requirements. No more than 60 percent of the total floor area of a
live /work unit or 40 percent of the total floor area of a work/live unit shall be
pAC,E 19
city of San Luis OBISPO
zonings Peclulations jum 2008
reserved exclusively for living space. All floor area other than that exclusively
reserved for living space shall be regularly used for working space.
2. Separation and access. Each live /work or work/live unit shall be separated from
other units and other uses in the structure. Access to each unit shall be provided
from common access areas, corridors, or halls; and the access to each unit shall
be clearly separate from other live /work or work/live units or other uses within the
structure.
3. Facilities to accommodate commercial or industrial activities. A live /work or
work/live unit shall be designed to accommodate commercial or industrial uses as
evidenced by the provision of ventilation, interior storage, flooring, and other
physical improvements of the type commonly found in exclusively commercial or
industrial facilities used for the same work activity.
4. Integration of living and working space. Areas within a live /work or work/live
unit that are designated as living space shall be an integral part of the live /work or
work/live unit and not separated (or occupied and /or rented separately) from the
work space, except that mezzanines and lofts may be used as living space
subject to compliance with the other provisions of this Section, and living and
working space may be separated by interior courtyards or similar private space.
5. Mixed occupancy buildings. If a building contains mixed occupancies of
live /work or work/live units and other nonresidential uses, occupancies other than
live /work or work/live shall meet all applicable requirements for those uses, and
proper occupancy separations shall be provided between the live /work or
work/live units and other occupancies, as determined by the Chief Building
Official.
6. Parking. Each live /work or work/live unit shall be provided at least two off - street
parking spaces. The review authority may modify this requirement for the use of
existing structures with limited parking.
F. Operating requirements.
1. Occupancy. A live /work or work /live unit shall be occupied and used only by the
operator of the business within the unit, or a household of which at least one
member shall be the business operator.
2. Sale or rental of portions of unit. No portion of a live /work or work/live unit may
be separately rented or sold as a commercial space for any person not living in
the premises or as a residential space for any person not working in the same
unit.
3. Notice to occupants. The owner or developer of any building containing
work/live units shall provide written notice to all occupants and users that the
surrounding area may be subject to levels of noise, dust, fumes, or other effects
associated with commercial and industrial uses at higher levels than would be
expected in residential areas. State and Federal health regulations
notwithstanding, noise and other standards shall be those applicable to
commercial or industrial properties in the applicable zone.
4. Non - resident employees. Up to two persons who do not reside in the live /work
or work/live unit may work in the unit unless this employment is prohibited or
limited by the Administrative Use Permit. The employment of three or more
persons who do not reside in the live /work or work/live unit may be permitted
subject to Use Permit approval, based on additional findings that the employment
will not adversely affect traffic and parking conditions in the site vicinity. The
paQE 20
Clty Of sdn LUIS OBlspo
dune Zoos zonlnc, uequlations
employment of any persons who do not reside in the live /work or work/live unit
shall comply with all applicable Building Code requirements.
5. Client and customer visits. Client and customer visits to live /work or work/live
units are permitted subject to any applicable conditions of the applicable
Administrative Use Permit or Use Permit, to ensure compatibility with adjacent
commercial or industrial uses, or adjacent residentially -zoned areas or uses.
G. Changes in use. After approval, a live /work or work/live unit shall not be converted
to entirely residential use unless authorized through Administrative Use Permit
approval. Administrative Use Permit approval shall require that the Director first find
that the exclusively residential use will not impair the ability of non - residential uses on
and adjacent to the site to continue operating because of potential health or safety
concerns or nuisance complaints raised by the exclusively residential use and /or its
occupants.
H. Required findings. The approval of a live /work or work/live unit shall require that the
review authority first make all of the following findings, in addition to all findings
required for Administrative Use Permit or Use Permit approval.
1. The proposed use of each live /work or work/live unit is a bona fide commercial or
industrial activity consistent with Subsection C. (Limitations on use).
2. The establishment of live /work or work/live units will not conflict with nor inhibit
industrial or commercial uses in the area where the project is proposed;
3. The building containing live /work or work/live units and each live /work or work/live
unit within the building has been designed to ensure that they will function
predominantly as work spaces with incidental residential accommodations
meeting basic habitability requirements in compliance with applicable regulations;
and
4. Any changes proposed to the exterior appearance of the building will be
compatible with adjacent commercial or industrial uses where all adjacent land is
zoned for commercial or industrial uses. If there is adjacent residentially -zoned
land, the proposed changes to the building will make the commercial or industrial
building being converted more compatible with the adjacent residential area.
pACj6 21
City Of san I IJIS OBISPO
zoninc Recutations
Chapter 17.10: NONCONFORMING USES
Sections:
17.10.010 Intent.
17.10.020 Regulations.
17.10.010 Intent.
junE 2008
A nonconforming use is one which was legally established on the effective date of
applicable sections of these regulations, but which is not now an allowed or conditionally
allowed use in the zone in which it is located. The intent of these regulations is to prevent
the expansion of nonconforming uses, establish the circumstances under which they may
be continued, and provide for their removal or change to a conforming use as soon as
practical. (Ord. 941 - 1 (part), 1982: prior code - 9202.2(A))
17.10.020 Regulations.
A. Change of ownership, tenancy or management of a nonconforming use shall not
affect its legal, nonconforming status.
B. A nonconforming use may be continued and a nonconforming use may be changed to
another nonconforming use provided:
1. A nonconforming use which ceases for a continuous period of six months shall
lose its nonconforming status and the premises on which the nonconforming use
was located shall from then on be used for conforming uses.
2. A nonconforming use may be replaced with another, provided that an
administrative use permit is approved by the Director. The Director must find that
the new use has similar or less severe impacts on its surroundings in terms of
noise, traffic, parking demand, hours of operation and visual incompatibility. The
applicant shall submit evidence of the date when the original nonconforming use
was established.
3. A nonconforming single - family dwelling may be continued without limitation by
this Section, and if involuntarily damaged or destroyed, may be reconstructed or
replaced with a new structure with the same footprint and height, in compliance
with current California Building Standards Code requirements.
C. A lot occupied by a nonconforming use may be further developed by the addition of
conforming uses and structures, provided an administrative use permit is approved.
(See Sections 17.58.020 through 17.58.080.) (Ord. 941 - 1 (part), 1982: prior code -
9202.2(B))
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city of sAn tuns OBISPO
JunE 2008 zonlnq Regulations
Chapter 17.12: NONCONFORMING LOTS
Sections:
17.12.010 Intent.
17.12.020 Regulations.
17.12.010 Intent.
A lot having less area, width, depth or frontage than required by the Subdivision
Regulations, as set forth in Title 16 of this code, for the zone in which it is located, but
which was lawfully created prior to the effective date of regulations requiring such greater
area or dimension, shall be considered a nonconforming lot. These regulations are
intended to provide for the reasonable use of such nonconforming lots, consistent with
other standards adopted to protect the public health, safety and general welfare. (Ord.
941 - 1 (part), 1982: prior code - 9202.3(A))
17.12.020 Regulations.
A. If a nonconforming lot has been held in common ownership with any contiguous
property at any time since November 18, 1977, and it otherwise meets the
requirements for parcel merger under Government Code Section 66451.11, it may
not be individually developed. The area within such a lot may be developed only after
it has been merged with contiguous property, or otherwise re- subdivided in
conjunction with the contiguous property to create one or more conforming parcels or
one parcel which more nearly conforms. (Ord. 1346 (1999 Series)
An exception to the above merger requirement may be requested through an
administrative use permit. To approve the use permit, the Director must find that
retention of the property line(s) will not adversely impact neighborhood character.
Factors that assure that neighborhood character is maintained include:
1. The regular spacing of buildings on the affected lots, when viewed from the
street, is consistent with other developed properties within the same block;
2. Convenient and conforming access and parking is available to serve site uses.
B. In an R -1 or R -2 zone, the merger or re- subdivision requirement set forth in the first
paragraph of this subsection shall not apply to a nonconforming lot and contiguous
commonly owned property where each of the parcels has an area, width, depth and
frontage equal to at least 80% of the minimum required in the Subdivision
Regulations (Title 16 of this code).
C. If a nonconforming lot has not been held in common ownership with any contiguous
property since November 18, 1977, it may be individually developed.
D. Property development standards shall apply to nonconforming lots, except that the
density standards shall not prevent construction of a single dwelling unit where
otherwise permitted by this chapter (see Section 17.16.010, Density). (Ord. 1102 - 1
Ex. A(5), 1987; Ord. 1085 - 1 Ex. A (part), 1987; Ord, 1006 - 1 (part), 1984: Ord. 941
- 1 (part), 1982: prior code - 9202.3(B))
pAgC 23
city of sAn Luis OBISPO
zonlnc Reguldtions JunE 2008
Chapter 17.14: NONCONFORMING STRUCTURES
Sections:
17.14.010 Intent.
17.14.020 Regulations.
17.14.010 Intent.
A structure which lawfully existed on the effective date of applicable sections of the
ordinance codified in this division, but which does not comply with one or more of the
property development standards for the zone in which it is located, is a "nonconforming
structure." This chapter is intended to provide for the correction or removal of such
structures as soon as practical, but not unduly encumber maintenance and continued use
of otherwise sound structures. (Ord. 941 - 1 (part), 1982: prior code - 9202.4(A))
17.14.020 Regulations.
A. A nonconforming structure that is damaged to an extent of one -half or more of its
replacement cost immediately prior to such damage may be restored only if made to
conform. However, residences in some zones may be allowed to be restored at the
original density and size, even if the density and size do not conform to current
regulations (see Section 17.16.010E). (Ord. 1346 (1999 Series))
B. Changes to structural elements, interior partitions or other nonstructural
improvements and repairs may be made to a nonconforming building. However,
demolition (see Section 17.100 for definition of demolition) and reconstruction shall be
permitted only if the structure is made to conform.
C. Replacement cost shall be determined by the Chief Building Official, whose decision
may be appealed to the Council.
D. Exceptions to this chapter 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 50.years old where the existing building and any proposed additions or
modifications are compatible with the surrounding neighborhood.
E. Exceptions to this chapter may be granted to allow additions to nonconforming
structures occupied by conforming uses, subject to a finding of consistency with the
intent of this chapter.
1. Conforming additions to structures may be approved by the Director without a
public hearing.
2. Upon approval of a use permit the Director may allow other yards to be reduced
to zero in some instances for minor additions to existing legal non - conforming
structures (see Section 17.16.020.E2.d). (Ordinance 1365 (2000 Series) (part)).
3. The value of additions allowed pursuant to subdivisions 1 and 2 of this subsection
shall be excluded from calculation of replacement cost of the nonconforming
structure. (Ord. 1006 - 1 (part), 1984; Ord. 941 - 1 (part), 1982: prior code -
9202.4(B))
PAQC 24
MY Of SAn WIS OBISp0
junC 2008 zoninq izequIAtions
Chapter 17.16: PROPERTY DEVELOPMENT STANDARDS
Sections:
17.16.005
Applicability of other provisions.
17.16.010
Density.
17.16.015
Recreational vehicles as dwelling unit.
17.16.020
Yards.
17.16.025
Creek setbacks.
17.16.030
Coverage.
17.16.040
Height.
17.16.050
Fences, walls and hedges.
17.16.060
Parking space requirements.
17.16.070
Parking and driveway design and exceptions.
17.16.090
Screening of outdoor sales and storage.
17.16.100
Utility services.
17.16.110
Satellite dish antenna.
17.16.120
Wireless telecommunication facilities.
17.16.005 Applicability of other provisions.
A. Development of property within the city may be subject to provisions of this code not
contained in this section or chapter, including, but not limited to, the following:
1. Fire Prevention Code, Chapter 15.08;
2. Building Regulations, Chapter 15.04;
3. Demolition and Moving of Buildings, Chapter 15.36;
4. Subdivision Regulations, Title 16;
5. Building Setback Line (plan line), Chapter 17.74;
6. Street Right -of -Way Dedication and Improvement, Chapter 17.76;
7. Grading Regulations,. Section 15.04.040;
8. Architectural Review Commission, Chapter 2.48;
9. General Plan Amendment Regulations, Chapter 17.80;
10. Sign Regulations, Chapter 15.40;
11. Condominium Development and Conversion Regulations, Chapter 17.82;
12. Flood Damage Prevention Regulations, Chapter 17.84;
13. Downtown Housing Conversion Permits, Chapter 17.86;
14. Growth Management Regulations, Chapter 17.88;
15. Resource Deficiency, Chapter 2.44;
16. Environmental Review Guidelines, adopted by Council Resolution 3919 -1979;
PAGE 25
City Of san lugs owspo
zonmc, nec4ulations
17. Affordable Housing Incentives, Chapter 17.90;
18. On -Shore Support Facilities, Chapter 17.92;
19. Development Agreements, Chapter 17.94
JunC 2008
B. Where provisions of this chapter conflict with provisions of other applicable laws, the
more restrictive provision shall prevail. (Ord. 1006 - 1 (part), 1984: prior code -
9202.5(A))
17.16.010 Density.
A. Determination of Allowed Development.
1. "Density" is the number of dwellings per net acre, measured in density units. In
the AG, C /OS and R -1 zones, each dwelling counts as one density unit. In the
other zones, different size dwellings have density unit values as follows: (Ord.
1365 (2000 Series)(part))
a. Studio apartment, 0.50 unit;
b. One - bedroom dwelling, 0.66 unit;
c. Two - bedroom dwelling, 1.00 unit;
d. Three - bedroom dwelling, 1.50 units;
e. Dwelling with four or more bedrooms, 2.00 units.
2. The following procedure shall be used to determine the maximum development
allowed on a given lot or land area:
a. Determine the Average Cross -slope of the Site. "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.
i. Where a site does not slope uniformly, average cross -slope is to be
determined by proportional weighting of the cross - slopes of uniformly
sloping sub- areas, as determined by the Community Development
Director.
ii. 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.
iii. Cross -slope shall be calculated only for the net area as defined in Sub-
section A2b below.
iv. When the calculation of cross slope results in a fractional number, it shall
be rounded to the next highest whole number if the fraction is one -half or
more; otherwise it shall be rounded down to the next lowest whole
number.
v. No slope -rated density reduction is required in the C /OS, C -R, C -C or PF
zones.
vi. The maximum development allowed for each average cross -slope
category is as follows:
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city of sAn lulls oBispo
junE Zoos zoninc,, nequIdtions
Table 1: Maximum Residential Density For Cross -Slope Categories
Average
Cross -Slope
in %
Maximum Density Allowed (density units per net acre)
R -1
R -2, O, C-
N, C -T
R -3
R -4
C -R, C -D,
C -C
C -S, M
0 -15
7
12
18
24
36
24
16 -20
4
6
9
12
36
24
21 -25
2
4
6
8
36
24
26+
1
2
3
4
36
24
By approving an administrative use permit, the Director may grant exceptions to the
reduction of density with slope where the parcel in question is essentially enclosed on all
sides by development at least as dense and within the same cross -slope category as the
proposed development. The exception shall not authorize density greater than that
allowed for the category of less than 15% slope for the appropriate zone. (See also
Section 17.12.020D, Nonconforming Lots - Regulations.)
Determine the Net Area of the Site. "Net area" is all the area within the
property lines of the development site, excluding the following:
1. Street right -of -way dedicated and proposed to be dedicated to the City;
2. Area between the tops of banks of creeks shown on the Open Space
Element "Creeks Map ";
3. Habitat occupied by species listed as "endangered" or "threatened" by the
U.S. Fish and Wildlife Service or the California Department of Fish and
Game, or as "plants of highest priority" by the California Native Plant
Society, unless the Community Development Director determines there is
no "practical alternative" as defined by the General Plan;
4. Area within the drip line of "heritage trees" designated by the City.
c. Multiply the resulting area (in whole and fractional acres) by the maximum
density allowed (in density units per acre) according to Table 1 of this section.
(Ord. 1365 (2000 Series)(part))
d. The resulting number (in density units, carried out to the nearest
one - hundredth unit) will be the maximum residential development potential.
Any combination of dwelling types and numbers may be developed, so long
as their combined density unit values do not exceed the maximum potential.
(Ord. 1365 (2000 Series)(part))
B. Density Transfer.
1. Development potential may be transferred within the area covered by a planned
development (PD) zone, in conformance with the requirements of Chapter 17.50.
2. Where a portion of a lot is within a zone or zones that allow residential use and
the rest of the lot is in a C /OS zone, and the portion within the C /OS zone is not
large enough to allow one dwelling, the fractional dwelling unit potential from the
C /OS zone may be transferred to the other portion of the lot, without planned
development rezoning.
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city of sAn Luis OBISpo
zonmc, necutations
C. Density Averaging.
June 2008
Where portions of a lot are within two or more different zones that allow different
maximum densities, and any portion is not of the size required for a lot in that zone,
density may be averaged over the whole lot, with each portion contributing to the overall
maximum development potential in proportion to its area and maximum allowed density.
D. Density Bonus for Low - income and Moderate - income Housing.
Pursuant to California Government Code Section 65915, the City may negotiate a density
bonus or other benefits in exchange for provision of housing affordable to households
with low or moderate income, as defined in the Government Code, and as stipulated in
Chapter 17.90 of these regulations. (Ord. 1085 - 1 Ex. A (part), 1987; Ord. 1006 - 1
(part), 1984; Ord. 941 -1 (part), 1982: prior code - 9202.5(B))
E. Exceptions for Dwellings Rebuilt After Involuntarily Destroyed. Residences in
R -1, R -2, R -3, R -4, O, C -N, C -C, C -R, C -T, C -D and C /OS zones, which have been
involuntarily damaged or destroyed by fire, other catastrophic event, or the
public enemy by more than 50% of their pre- damaged value, 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
architectural 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. Notwithstanding the above provisions, application for replacement structures of
the same density and size may be denied if the Community Development 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. The existing nonconforming use of the building or structure would be more
appropriately moved to a zone in which the use is permitted.
d. There no longer exists a zone in which the existing nonconforming use is
permitted. (Ord. 1346 (1999 Series))
17.16.015 Recreational vehicle as dwelling unit.
No recreational vehicle, camper shell or similar device shall be used for living or sleeping
quarters except in a lawfully operated mobile home park, travel trailer park, or
campground, except as provided in M.C. section 17.08.010.C.4. et seq.
17.16.020 Yards.
A. Definitions and Purpose.
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city Of SAn tuts OBISpo
JunC 2008 zOninc, REGutdtions
A 'yard" is an area along a property line within which no structures, parking
spaces or parking backup spaces may be located, except as otherwise provided
in these regulations. Yards 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. Yards are further
intended to help provide landscape beauty, air circulation, views and exposure to
sunlight for both natural illumination and use of solar energy.
2. These regulations provide for two types of yards:
a. "Street yard" means a yard adjacent to a local street, State highway, or
adopted setback line. Frontages on Highway 101 are not street yards.
b. An 'other yard" is any yard other than a street yard (i.e. side and rear yards).
B. Measurement of Yards.
1. Street yards shall be measured from the right -of -way line or adopted setback line
to the nearest point of the wall of any building.
2. Other yards shall be measured from the property line to the nearest point of the
wall of any building.
3. The height of a building in relation to yard standards is the vertical distance from
the ground to the top of the roof, measured at a point which is a specific distance
from the property line. Height measurements shall be based on the existing
topography of the site, before grading for proposed on -site improvements. (Ord.
1365 (2000 Series)(part))
C. Yard Standards.
1. Street yards shall comply with the following:
Table 2: Minimum Street Yards
Zone
Minimum Street Yard
R -1
20 feet
R -2
20 feet
R -3
15 feet
R -4
15 feet
C /OS
20 feet
0
15 feet
PF
As provided in zone of adjacent lot*
C -N
10 feet
C -C
As provided in zone of adjacent lot*
C -D
As provided in zone of adjacent lot*
C -R
As provided in zone of adjacent lot*
C -T
10 feet
C -S
See Chapter 17.46
M
See Chapter 17.48
BP
See Chapter 17.49
" If the zone of adjacent lot does not have its own standard, no street yard is required. Lots
separated by streets or other rights -of -way are not considered adjacent. If more than one
zone is adjacent, the largest yard shall be required.
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City Of SAn lulls OB ISPO
zonmc, uECUlations
2. Other yards shall comply with the following:
Table 3: Minimum Other Yards In R -1 And R -2 Zones
Maximum Building Minimum Required
Height * Yard * *
A point this high on Must be at least this
the roof of a building: far from the property line:
(feet)
(feet)
1 -12
5.0 (min.in R -1 & R -2)
13
5.5
14 -15
6.0
16 -17
7.0
18 -19
8.0
20
8.5
21 -22
9.0
23 -24
10.0
25
10.5
26
11.0
27
11.5
28
12.0
29
12.5
30 -31
13.0
32
13.5
33
14.0
34
14.5
35
15.0
*Building heights shall be rounded to the nearest whole foot.
* * Yards shall be rounded to the nearest 0.5 foot.
Table 4: Minimum Other Yards In R -3, R -4, O And C -N Zones
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city Of san Luis OBispo
dune 2008 zoninc, izequlations
Maximum Building Minimum Required
Height* Yard * *
A point this high on Must be at least this far
the roof of a building: from the property line:
(feet)
(feet)
1 -13
5 (min. yard)
14 -15
5.5
16 -17
6
18 -20
6.5
21 -22
7
23 -24
7.5
25 -26
8
27 -29
8.5
30 -31
9
32 -33
9.5
34 -35 (max. height)
10
* Building heights shall be rounded to the nearest whole foot.
* * Yards shall be rounded to the nearest 0.5 foot.
Table 5: Minimum Other Yards In GOS, PF, C -C, C -R, C -T, C -S, M and BP
Zones
Zone Minimum Other Yard
C /OS
20 feet
PF
As provided in zone of adjacent lot*
C -C
As provided in zone of adjacent lot*
C -D
As provided in zone of adjacent lot*
C -R
As provided in zone of adjacent lot*
C -T
As provided in zone of adjacent lot*
C -S
See Chapter 17.46
M
See Chapter 17.48
BP
See Chapter 17.49
* If the zone of adjacent lot does not have its own standard, no yard is required. Lots separated
by streets or other rights -of -way are not considered adjacent. If more than one zone is
adjacent, the largest yard shall be required.
3. Yards with City- required landscape plans shall be landscaped and maintained in
accordance with approved plans.
D. What may Occupy Yards.
1. Utility Structures. Components of public utility systems may be located within
street yards when approved by the Architectural Review Commission.
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2. Fences, Walls and Hedges. Fences, walls and hedges may occupy yards to the
extent provided in Section 17.16.050. (Vegetation may be controlled by the
California Solar Shade Control Act.)
3. Arbors and Trellises. Arbors and trellises may occupy yards subject to the extent
provided in Section 17.16.050. 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.
3. Signs. Signs in conformance with the Sign Regulations codified in Chapter 15.40
may occupy yards to the extent provided in those regulations.
4. Architectural Features. The following and similar architectural features may
extend into a required yard no more than 30 inches:
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 (Figure 1).
Figure 1
b. Fire escapes, uncovered balconies, uncovered porches, or unenclosed
outside stairways and landings may extend into the required yard not more
than four feet or one -half the required yard distance, whichever is less.
(Figure 2)
c. Decks, planters and similar features less than 30 inches above grade may be
located within the required yards.
pAC4C 32
Figure 2
MAXIMUM ALLOWED PROJECTION',
" FOUR FEET OR ONE- RALFOFTHE
/MINIMUM REQUIRED YARD
(WHICHEVER IS LESS)
pAC4C 32
Figure 2
city of sAn Luis OBISPO
June 2008 zoninc, Reculations
5. Trash Enclosures. Trash enclosures which have been approved by the
Architectural Review Commission may be located within a required yard, provided
no part of the enclosure is less than three feet from any right -of -way or adopted
setback line.
6. Unenclosed Parking Spaces in Other Yards. Unenclosed parking spaces and
parking aisles may be located within other yards.
7. Unenclosed. Tandem Parking Spaces. For single dwellings required parking
may be approved by the Director to be in tandem where safe and compatible with
the surrounding neighborhood.
8. Enclosed Parking Spaces in Street Yard Prohibited. In no case may an enclosed
parking space from which vehicles exit directly onto the street be located less
than 20 feet from the street right -of -way or setback line. In a flag lot subdivision,
this setback requirement shall apply to the access roadway.
E. Exception To Yard Requirements. These regulations provide two general types of
exceptions to the yard requirements: first, those which the property is entitled to
because of physical circumstances, and second, those which the City may approve
upon request and subject to certain discretionary criteria.
1. Exceptions Property May Be Entitled To.
a. Street Yards on Corner Lots Recorded Before April 1, 1965. On corner lots in
the R -1 and R -2 zones, recorded before April 1, 1965, the street yard along
the lot frontage having the longer dimension shall be not less than 10 feet, as
in Figure 3.
hw�aS>.' •Xr
10. 2A'
Figure 3
b. Street Yards on Corner Lots Where Each Corner Lot has Its Longer Frontage
Along the Cross Street. In the R -1 and R -2 zones, when each corner lot on a
cross street has its longer frontage along the cross street, as in Figure 4, the
street yard along the longest frontage shall be not less than 10 feet.
Street Yard Averaging (developed areas). Where these regulations require
street yards 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 street yard shall be the average of the street
yards of the developed lots, but in no case less than 10 feet nor more than
would otherwise be required.
PAGE 33
city Of san lulls OBISPO
zonlnc, neciulations jum 2008
d. Reduced Street Yard for New Structure Providing Additional Creek Setback.
Where a new structure provides a creek setback larger than required by this
title, the required street yard shall be reduced one foot for each one foot of
additional creek setback, so long as the street yard is at least one -half that
required by Table 2.
2. Discretionary Exceptions.
a. Reduced Street Yards. Upon approval of a use permit, the director may
allow street yards of not less than 10 feet for structures and unenclosed
parking spaces, including carports. Reductions may be approved for garages
when the driveway is long enough to accommodate a parked car that doesn't
overhang the sidewalk.
b. Variable Street Yards in Subdivisions. In new residential subdivisions, the
entity approving the subdivision may approve variable street yards, to be
noted on the approved map, provided the average of the yards on a block is
at least 15 feet and no yard is less than 10 feet.
c. Variable Other Yards In Subdivisions. In new residential subdivisions, the
entity approving the subdivision map may approve exceptions to the other
yard standards, with the exceptions to be noted on the map, provided a
separation of at least 10 feet between buildings on adjacent lots will be
maintained and an acceptable level of solar exposure will be guaranteed by
alternative yard requirements or private easements.
d. Other Yard Variations in Previously Subdivided Areas. Upon approval of
a use permit, the Director may allow other yards to be reduced to zero under
either of the following circumstances:
i. When there exists adequate recorded agreement running with the land to
maintain at least 10 feet of separation between buildings on adjacent
parcels; or
ii. When the reduction is for either a minor addition to an existing legal
structure which is non - conforming with regard to yard requirements or for
a detached single -story accessory structure provided that the Director
makes the following findings: (Ord. 1365 (2000 Series)(part))
• in the case of a minor addition, that the minor addition is a logical
extension of the existing non - conforming structure; (Ord. 1365 (2000
Series)(part))
• in the case of a detached single -story accessory structure, that the
accessory structure is consistent with the traditional development
pattern of the neighborhood and will have a greater street yard
setback than the main structure; (Ord. 1365 (2000 Series)(part))
• that adjacent affected properties will not be deprived of reasonable
solar exposure; (Ord. 1365 (2000 Series)(part))
• that no useful purpose would be realized by requiring the full yard;
• that no significant fire protection, emergency access, privacy or
security impacts are likely from the addition; and
• that it is impractical to obtain a 10 -foot separation easement pursuant
to subsection "i" above.
All such minor additions and new accessory structures shall comply with
applicable provisions of Title 15, Building and Construction Regulations,
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city Of sAn lids OBISPO
,tune 2008 zoning Izeclulations
of this code (see also Chapter 17.14, Non - conforming structures). (Ord.
1365 (2000 Series)(part))
e. Other Yard Building Height Exceptions. Upon approval of a use permit,
the Director may allow exceptions to the standards provided in Tables 3, 4,
and 5 of subsection C2 of this section. 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 yard required: (Ord. 1365
(2000 Series)(part))
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. (Ord. 1365 (2000
Series)(part))
Intersection Visibility. At the intersections not controlled by a stop sign or
traffic signal, no plant, structure or other solid object over three feet high
which would obstruct visibility may be located within the area indicated in
Figure 8. At controlled intersections, the City Engineer may determine
visibility requirements for proper sight distance. (Note: Yard requirements
may also be modified by variance, Chapter 17.60; planned development,
Chapter 17.62; specific plan, Chapter 17.52; or special consideration zone,
Chapter 17.56.) (Ord. 1102 - Ex. A(7), (8), 1987; Ord. 1085 - 1 Ex. A (part),
1987; Ord. 1009 - 1, 1984; Ord. 1006 - 1 (part), 1984; Ord. 941 - 1 (part),
1982: prior code - 9202.5(C))
Barrier Height at
Street Corners
No barriers over 3' high
In this area
30'
Property Line
_30'—J Curb
Figure 5
17.16.025 Creek setbacks.
A. Purpose. Creek setbacks are intended to:
1. Protect scenic resources, water quality, and natural creekside habitat, including
opportunities for wildlife habitation, rest, and movement.
PAC46 35
MY Of san Luis OBISPO
zoninq aEculations
JunE2oos
2. Further the restoration of damaged or degraded habitat, especially where a
continuous riparian habitat corridor can be established.
3. Allow for natural changes that may occur within the creek corridor.
4. Help avoid damage to development from erosion and flooding.
5. Enable implementation of adopted City plans.
B. Waterways Subject to Setbacks. Creek setback requirements shall apply to all
creeks as defined in the Open Space Element and shown on that element's Creek
Map, and only to those creeks.
C. Measurement of Creek Setbacks. Creek setbacks shall be measured from the
existing top of bank (or the future top of bank resulting from a creek alteration
reflected in a plan approved by the City), or from the edge of the predominant pattern
of riparian vegetation, whichever is farther from the creek flow line (Figure 4.1). The
Community Development Director may determine the predominant pattern of riparian
vegetation, where the edge of the vegetation varies greatly in a short length along the
creek, in a way unrelated to topography (for example, the Director will not base the
setback line on individual trees or branches extending out from the channel or on
small gaps in vegetation extending toward the channel). Where riparian vegetation
extends over a public street, no creek setback is required on property which is on the
side of the street away from the creek.
D. Plan Information. The location of top of bank and of riparian vegetation shall be
shown on all project plans subject to City approval. The location of these features is
subject to confirmation by the Community Development Director, based on
observation of actual conditions and, as needed, the conclusions of persons with
expertise in hydrology, biology, or geology.
E. Creek Setback Dimensions. Different setback dimensions are established in
recognition of different parcel sizes and locations of existing structures for areas
within the city in comparison with areas which may be annexed, and in response to
different sizes of the creek channels and tributary drainage areas.
1. Creeks within the 1996 City Limits. Along all creeks within the city limits as of
July 1, 1996, the setback shall be 20 feet, except as provided in parts E.3, EA or
G below. Where the city limit follows a creek, the setback on the side within the
1996 city limits shall be 20 feet and the setback on the annexed side shall be as
provided in part 2 below.
2. Creeks in Areas Annexed After 1996. Along any creek in an area annexed to
the City after July 1, 1996, the following setbacks shall be provided, unless a
specific plan or development plan approved by the City Council provides a larger
or smaller setback, consistent with the purpose of these regulations and with
General Plan policies.
a. Fifty -foot Setbacks. The setback along the following shall be 50 feet: San
Luis Obispo Creek (all of main branch); San Luis Obispo Creek East Fork,
from San Luis Obispo Creek (main branch) to the confluence with Acacia
Creek; Stenner Creek.
b. Thirty- five -foot Setbacks. The setback along the following shall be 35 feet:
Prefumo Creek; Froom Creek; Brizziolari Creek; San Luis Obispo Creek East
Fork tributary, from the confluence with Acacia Creek to Broad Street
(Highway 227); Acacia Creek and its tributaries west of Broad Street
PACE 36
City Of SAn LUIS OBISPO
junE 2008 zonlnci nequtations
(Highway 227); the segment of the tributary of Acacia Creek which flows
generally parallel to and on the easterly side of Broad Street (Highway 227),
from Broad Street to Fuller Road.
c. Twenty -foot Setbacks. The setback along all creeks except those listed in
parts "a" and "b" immediately above shall be 20 feet. (Informational map is
available in the Community Development Department.)
3. Larger Setbacks. To mitigate potentially significant environmental impacts in
compliance with the California Environmental Quality Act, or to implement
adopted City plans, when approving a discretionary application the City may
require setbacks larger than required by parts 1 and 2 above, or further limitations
on the items which may be placed within setbacks. (Also, other City regulations
may restrict or prevent development in a floodway or floodplain.)
4. Prior Approvals. Where the City has explicitly approved a creek setback smaller
than required by this section, prior to adoption of this section, by action on a tract
or parcel map (whether or not a vesting map), architectural review application,
use permit, Planned Development zoning, or Special Considerations zoning, that
smaller setback shall remain in effect so long as the approval is in effect.
F. Items Prohibited within Setbacks.
The following shall not be placed or constructed within a creek setback, except as
provided in part G below: structures; paving; parking lots; in nonresidential zones, areas
used for storing or working on vehicles, equipment, or materials.
G. Exceptions to Creek Setbacks.
1. Entitled Replacement Structures.
Where a structure lawfully existed on or before October 3, 1996, within a creek
setback required by this chapter, the following shall apply. This part is not
intended to allow replacement of paving that existed on or before October 3,
1996, with new paving or a building, unless a discretionary approval is obtained
pursuant to part 17.16.025.G(4).
a. Any structure built in replacement of such a structure may occupy the same
footprint, within the creek setback, as the previous structure, without
obtaining a discretionary exception. (See also Section 17.16.020(E)(1)(d).)
b. Additional floor area shall not be added to the encroaching part of the
structure (for example, by adding stories).
c. The part of a structure that is nonconforming due solely to the creek setback
encroachment may be remodeled without regard to the limits of Section
17.14.020(8) and (C) of this title.
2. Entitled Accessory Structures and Uses.
The following items may be located within the required creek setback, without
obtaining a discretionary exception, provided that they: do not extend beyond the
top of bank into the creek channel; will not cause the removal of native riparian
vegetation; will not reduce any flooding capacity pursuant to the city's flood
damage prevention regulations; in total occupy not more than one -half of the
setback area; are consistent with other property development standards of the
zoning regulations.
pACj6 37
city Of San tuts OBISPO
zonmc, acCUlations
.lunc 2008
a. Walls or fences, provided that in combination with buildings they enclose not
more than one -half of the setback area on any development site.
b. For a single - family dwelling: uncovered parking spaces, patios, and
walkways. (Pedestrian paths and bicycle paths require a discretionary
exception as provided in part 4.)
c. Decks, stairs, and landings which are no more than thirty inches in height.
d. One -story, detached buildings used as tool and storage sheds, play houses,
and similar uses, provided the projected roof area does not exceed one
hundred twenty square feet.
e. Garden structures such as trellises, arbors, and gazebos, provided they are
constructed using an open lattice design and lightweight materials.
3. Entitled Architectural Features. The following architectural features may
extend into the setback up to thirty inches: cornices, canopies, eaves,
buttresses, chimneys, solar collectors, shading louvers, water heater
enclosures, and bay or other projecting windows that do not include usable
floor space.
4. Discretionary Exceptions.
a. Intent. Discretionary exceptions to creek setback standards are intended to
allow reasonable use of sites that are subject to creek setbacks, where there
is no practicable alternative to the exception. Generally, such exceptions are
limited to small parcels that are essentially surrounded by sites that have
been developed with setbacks smaller than those in subsection E of this
section. In the case of pedestrian paths, bicycle paths, and bridges, the site
may be large, but there are no options for avoiding a crossing of the creek or
encroaching into the creek setback.
b. Application Type. A creek setback smaller than required by subsection E of
this section may be approved by city action on a plan for public facilities
approved by the city 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 an
administrative use permit.
c. Public Notice. Public notice for a project involving a creek setback exception,
regardless of application type, shall include a clear description of the feature
or features proposed to receive the exception, and the extent of the
exception.
d. Findings. Each discretionary exception shall be subject to each of the
following findings, regardless of the type of project application under which
the request is considered.
i. The location and design of the feature receiving the exception will
minimize impacts to scenic resources, water quality, and riparian habitat,
including opportunities for wildlife habitation, rest, and movement; and
ii. The exception will not limit the city's design options for providing flood
control measures that are needed to achieve adopted city flood policies;
and
pAGc 38
city of San lids OBISpo
junE Zoos zonlnc REcUldtions
iii. The exception will not prevent the implementation of city- adopted plans,
nor increase the adverse environmental effects of implementing such
plans; and
iv. 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
v. 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
vi. The exception will not be detrimental to the public welfare or injurious to
other property in the area of the project or downstream; and
vii. Site development cannot be accomplished with a redesign of the project;
and
viii. 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. Biological Survey. A biological survey by a qualified, independent person
shall be required for each discretionary exception request, to provide the
basis for making finding subsection (G)(4)(d)(i) of this section, unless waived
by the community development director upon determining that no purpose
would be served by such a survey because no biological resources could be
affected by the exception.
Application Contents. In addition to any other information required for a
project application, a request for creek setback exception shall include the
following:
i. A description of the feature or features proposed for exception and the
extent of the exception.
ii. A description of potential design changes for the project which would
eliminate or reduce the need for the exception.
iii. A statement why an exception is deemed necessary by the applicant.
iv. Mitigation proposed to offset any harmful effects of the exception.
pace 39
City Of San lulls OBISPO
zonlnc, nequl.Ations junE 2008
edges of predominant
i r arian tree canopy � creek � � p creek �
setback creek corridor, setback
Section View A
edge of predominant
canopy i r arian tree
� creek i p py
♦' '
� creek �
setback
4 setback
creek corridor
edges of groundcover or
understory riparian plants
Section View B
low- growing riparian plants
required setback
tops of banks
flow
l -
-' -
line
riparian trees -
r. . . . . . . . . . V
required setback
— - -- - -- - - - - - -- - - - - -- Plan View - ...._. -- .. _
17.16.030 Coverage.
A. Definition. "Coverage" means the area of a lot covered by the footprint of all
structures, as well as decks, balconies, porches, and similar architectural features,
expressed as a percentage of the total lot area. Uncovered decks or porches which
are 30 inches or less from the ground shall not be included in the determination of
coverage. (See Figures 5 and 6.) (Ord. 1006 - 1 (part), 1984; Ord. 941 - 1 (part),
1982: prior code - 9202.5(D)) (Ord. 1365 (2000 Series)(part))
PAQC 40
Clty Of SAn Luis OBISpo
zoninc, iiecutAtlons
B. Exceptions to Retail Building Size Limits
junE 2008
1. When an otherwise lawful retail establishment existed on the effective date of the
size limits, such structure shall be considered a development non - conformity but
may be continued, structurally altered, repaired or reconstructed so long as it is
not increased, extended or enlarged beyond the gross floor area of the building
that existed on that date.
To the extent practicable, the design guidelines for large -scale retail projects shall
be applied to any alteration, reconstruction or repair that takes place after the
effective date of the size limits.
17.16.040 Height.
The height of a building is the vertical distance from the average level of the ground under
the building to the topmost point of the roof, including parapets. The average level of the
ground is determined by adding the elevation of the lowest point of the part of the lot
covered by the building to the elevation of the highest point of the part of the lot covered
by the building, and dividing by two. (See Figure 7.) Height measurements shall be
based on existing topography of the site, before grading for proposed on -site
improvements. (Ord. 1365 (2000 Series)(part))
ALLOWED
UNDERT POINT
-� UNDER THE BUILDING
y, AVERAGE ELEVATION UNDER 5LD6.
LOWEST POINT UNDER BUILDING Figure 8
See also Section 17.16.020 for relationship of yards and building height.
Components of solar energy systems, chimneys, elevator towers, screening for
mechanical equipment that is not integral with building parapets, vents, antennae and
steeples shall extend not more than 10 feet above the maximum building height.
Commercial and governmental agency antennae may exceed the height limits for the
zone in which they are located if such an exception is approved by the Director.
Any other exception to the height limits requires approval of a variance as provided in
Chapter 17.60.
For height limits of signs, see Chapter 15.40. Sign Regulations. (Ord. 1085 - 1 Ex. A
(part), 1987; Ord. 1006 - 1 (part), 1984; Ord. 941 - 1 (part), 1982: prior code - 9202.5(E))
PACE 42
CHIMNEYS, SOLAR SYSTEMSti ETC.
CANNOT CE. MORE THAN IW A6Wt.
MAXIMUM BUILDING HEI&HT
Y
�
MAXIMUM
HEIGHT
ALLOWED
UNDERT POINT
-� UNDER THE BUILDING
y, AVERAGE ELEVATION UNDER 5LD6.
LOWEST POINT UNDER BUILDING Figure 8
See also Section 17.16.020 for relationship of yards and building height.
Components of solar energy systems, chimneys, elevator towers, screening for
mechanical equipment that is not integral with building parapets, vents, antennae and
steeples shall extend not more than 10 feet above the maximum building height.
Commercial and governmental agency antennae may exceed the height limits for the
zone in which they are located if such an exception is approved by the Director.
Any other exception to the height limits requires approval of a variance as provided in
Chapter 17.60.
For height limits of signs, see Chapter 15.40. Sign Regulations. (Ord. 1085 - 1 Ex. A
(part), 1987; Ord. 1006 - 1 (part), 1984; Ord. 941 - 1 (part), 1982: prior code - 9202.5(E))
PACE 42
city of SAn LUIS OBISPO
junE 2008 zonInG RECiuldtions
AREA INCLUDED
IN COVERAGE
(MORE THAN 30"
ABOVE GROUND)
POINT WHERE THE DECK
EXCEED5.30" ABOVE
GROUND LEVEL
Figure 6
Figure 7
B. Application and Exception. Maximum coverage shall be as provided in the specific
property development standards for the various zones in Chapters 17.24 through
17.56 inclusive, except that the Planning Commission may grant exceptions to
maximum coverage for churches, synagogues, temples, etc., in any zone, subject to
approval of a use permit.
17.16.035 Size Limits on Large -Scale Retail Establishments
A. Large -scale commercial buildings shall not exceed the retail size limits established for
each commercial zone (see Sections 17.16.035, 17.38.020, 17.40.020, 17.42.020,
17.44.020, and 71.46.020)
PAC1E 41
100'
Balcony off
IHard surface
- second floor
50 s.f.
not included_.
..
400
co
Breezeway
100 s.f.
1550 s.f.
Roof eave
not included
Lot area = 8000 s.f.
Structures = 2100 s.f.
Lot coverage = 26%
AREA INCLUDED
IN COVERAGE
(MORE THAN 30"
ABOVE GROUND)
POINT WHERE THE DECK
EXCEED5.30" ABOVE
GROUND LEVEL
Figure 6
Figure 7
B. Application and Exception. Maximum coverage shall be as provided in the specific
property development standards for the various zones in Chapters 17.24 through
17.56 inclusive, except that the Planning Commission may grant exceptions to
maximum coverage for churches, synagogues, temples, etc., in any zone, subject to
approval of a use permit.
17.16.035 Size Limits on Large -Scale Retail Establishments
A. Large -scale commercial buildings shall not exceed the retail size limits established for
each commercial zone (see Sections 17.16.035, 17.38.020, 17.40.020, 17.42.020,
17.44.020, and 71.46.020)
PAC1E 41
City Of sAn Luis OBISPO
junE 2008 zonmq REGutA ions
17.16.050 Fences, walls and hedges.
A. Fences, walls or hedges may be placed within required yards, provided:
Mwdmum fence height
within street yard
s'
NO FENCE
HEDGE T
THAN TH
Figure 9
1. The maximum height in any street yard shall be as shown in Figure 9;
2. The maximum height in any other yard shall be six feet;
3. Arbors, trellises, and other lightweight ornamental landscape elements are
allowed within a required yard, subject to the same height limits that apply to
fences and hedges;
B. Fences or walls may be placed outside required yards, provided:
1. The maximum height is eight feet.
2. Where the wall is connected to and a part of the house, it may be any height
allowed in the underlying zone.
C. Fence height is measured from the adjacent grade along the lower side of the wall or
fence, directly at the base of the wall or fence.
D. 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 to be considered separate structures for
purposes of measuring overall height.
E. The Director may grant exceptions to these standards subject to a finding that no
public purpose would be served by strict compliance with these standards.
F. A public notice shall be posted at the site of each proposed fence height exception. If
anyone informs the Community Development Department of a reasonable objection
concerning the proposed fence height exception within five days of the posting, the
Director shall schedule a hearing for the application as provided for administrative use
permits. If no questions or objections are received by the Community Development
Department within five days after posting, the Director may issue a letter of approval
upon submission of all required information and without further notice or public
hearing. (Ord. 1006 - 1 (part), 1984; Ord. 941 - 1 (part), 1982: prior code - 9202.5(F))
pAgiE 43
city of san tuts oBispo
zoning, uEC,ulatlons junE 2008
17.16.060 Parking space requirements.
A. Intent. This section is intended to ensure provision of adequate off - street parking,
considering the demands likely to result from various uses, combinations of uses, and
settings. It is the City's intent, where possible, to consolidate parking and to minimize
the area devoted exclusively to parking and drives when typical demands may be
satisfied more efficiently by shared facilities.
B. Shared parking reduction. Where two or more uses share common parking areas,
the total number of parking spaces required may be reduced by up to 10 %, with
approval of an administrative use permit. Where shared parking is located on more
than one parcel, affected parties must record an agreement governing the shared
parking, to the satisfaction of the Director.
C. Mixed -use parking reduction. By approving an administrative use permit, the
Director may reduce the parking requirement for projects sharing parking by up to
20 %, in addition to the shared parking reduction, for a total maximum parking
reduction of 30 %, upon finding that the times of maximum parking demand from
various uses will not coincide.
D. Automobile trip reduction. By approving an administrative use permit, the Director
may reduce the parking requirement for projects implementing non -auto travel,
particularly for commuting, when it can be demonstrated that reduction of on -site
parking will be safe, and will not be detrimental to the surrounding area or cause a
decline in quality of life. The applicant shall provide reasonable justification for the
reduction, including innovative project design, transportation demand management
(tdm), or incentives, which will reduce single- occupant vehicle travel to and from the
site. These may include, but are not limited to programs such as carsharing,
employer -paid transit passes, cashouts (i.e. trip reduction incentive plans), or off -peak
work hours.
E. Off -site Parking. The Director may, by approving an administrative use permit, allow
some or all of the required parking to be located on a site different from the use.
Such off -site parking shall be within a zone where the use is allowed or conditionally
allowed, or within an office, commercial or manufacturing zone. It shall be within 300
feet of the use and shall not be separated from the use by any feature that would
make pedestrian access inconvenient or hazardous. The site on which the parking is
located shall be owned, leased or otherwise controlled by the party controlling the
use. (Ord. 1006 - 1 (part), 1984; Ord. 941 - 1 (part), 1982: prior code - 9202.5(G))
F. Bicycle and Motorcycle Spaces. Each use or development, which requires 10 or
more spaces, shall provide facilities for parking bicycles and motorcycles as follows:
1. Motorcycle Spaces. Parking for motorcycles shall be provided at the rate of one
space for each 20 car spaces. Projects that provide more motorcycle spaces than
required may reduce the required car spaces at the rate of one car space for
each five motorcycle spaces, up to a 10% reduction, subject to the approval of
the Community Development Director.
2. Bicycle Spaces. Parking for bicycles shall be provided in accordance with Table
6.5. All bicycle spaces shall be located at the ground floor level. Additional City
standards and guidelines for bicycle parking can be found in the City's
Engineering Standards, Community Design Guidelines, and Bicycle
Transportation Plan. Projects which provide more bicycle and /or motorcycle
spaces than required may reduce the required car spaces at the rate of one car
pac,E 44
city of sAn lids OBISPO
junc Zoos zoning neclulations
space for each five bicycle spaces, up to a 10% reduction, subject to the approval
of the Community Development Director. All bicycle parking that exceeds the
required number of spaces shall be apportioned between short -term and long-
term bicycle spaces as stipulated by Table 6.5. Any additional bicycle parking
provided for residential uses shall be covered.
G. Requirements by Type of Use. Except as otherwise provided in these regulations,
for every structure erected or enlarged and for any land or structure devoted to a new
use requiring more spaces according to the schedule set out in this subsection, the
indicated minimum number of off - street parking spaces located on the site of the use
shall be provided.
The right to occupy and use any premises shall be contingent on preserving the
required parking and maintaining its availability to the intended users, including
residents, staff, and /or customers. In no case may required parking spaces for a use
be rented or leased to off -site uses or used for other purposes.
Parking, in addition to these requirements, may be required as a condition of use
permit approval.
H. Uses Not Listed.
The Director shall determine the parking requirement for uses which are not listed.
His /her determination shall be based on similarity to listed uses, and may be
appealed to the Planning Commission.
I. Parking calculations.
1. The parking requirement is based on the gross floor area of the entire use, unless
stated otherwise.
2. When the calculation of required parking results in a fractional number, it shall be
rounded to the next highest whole number if the fraction is one -half or more;
otherwise it shall be rounded down to the next lowest whole number.
3. Where there has been a reduction in required parking, all resulting spaces must
be available for common use and not exclusively assigned to any individual use.
J. Tandem parking.
1. For residential uses, when parking spaces are identified for the exclusive use of
occupants of a designated dwelling, required spaces may be arranged in tandem
(that is, one space behind the other) subject to approval of the Community
Development Director.
2. Hotel and Restaurant Projects (New and Existing). Tandem parking may be used
for hotel and restaurant development in the Downtown Commercial (C -D) zone
where parking service is provided, subject to the approval of a Parking
Management Plan by the Public Works and Community Development Directors.
A Parking Management Plan is a document that outlines how site parking will be
regulated and includes provisions to reduce parking demand, including but not
limited to, availability of transit in close proximity, access to a car share program
and access to information regarding alternative transportation programs.
3. Tandem parking may be considered in office development if all of the following
requirements are satisfied:
PACE 45
city of sAn tins OBISPO
zoninq izequLAtions junE 2008
a. With review of the location and design by the Architectural Review
Commission, where adequate maneuverability and access arrangements are
provided; and
b. When the tandem spaces are set aside for the exclusive use of on -site
employees; and
c. Where the total number of tandem spaces does not exceed 30% of the total
parking provided for projects that require 10 vehicle parking spaces or less,
and 15% of the total parking provided for projects that require 11 or more
vehicle parking spaces; and
d. With the approval of a Parking Management Plan by the Public Works and
Community Development Directors to insure that proper management and
oversight of the use of the proposed tandem spaces will occur.
4. For existing office development where there is a desire to upgrade or modify the
parking layout to increase efficiency or better meet standards, and review by the
Architectural Review Commission would not be required, the approval of new
tandem parking spaces would require the approval of an administrative use
permit, where adequate maneuverability and access arrangements are provided.
pACIe 46
city of San LUIS OBISPO
zon(nq REC,ulations
TABLE 6 - PARKING REQUIREMENTS BY USE
O[;RIrHI TURF
fEBRUaRy 2007
Crop production and grazing
No requirement
Greenhouse, commercial
No requirement
Livestock feed lot
As provided in approved use permit
INDUSTRY. MANUFACTURING & PROCESSING. WHOLESALING
Bakery, wholesale
Same as Manufacturing - Light
Furniture and fixtures manufacturing, cabinet shop
Same as Manufacturing - Light
One space per 300 square feet office or laboratory area, plus one space per 500 square feet indoor
Industrial research and development
assembly or fabrication area, plus one space per 1,500 square feet outdoor work area or indoor
warehouse area
Laboratory - Medical, analytical, research, testing
One space per 300 square feet gross floor area
Laundry, dry cleaning plant
One space per 500 square feet gross floor area
Manufacturing - Heavy
One space per 500 square feet gross floor area
One space per 300 square feet accessory office area plus one space per 300 square feet to 500
Manufacturing - Light
square feet manufacturing floor area, to be determined by director according to employment
characteristics of each use, plus one per 1,500 square feet outdoor manufacturing area
One space per 300 square feet office areas plus one space per 500 square feet indoor storage area
Petroleum product storage and distribution
plus one space per 2,000 square feet outdoor storage area
Photo and film processing lab
One space per 300 square feet gross floor area
Printing and publishing
One space per 300 square feet gross floor area
One space per 500 square feet of gross floor area plus one space per 10,000 square feet outdoor
Recycling facilities - Collection and processing facility
storage area, but in no case less than 4 spaces
One space per 500 square feet of gross floor area plus one space per 10,000 square feet outdoor
Recycling facilities -Scrap and dismantling yard
storage area, but in no case less than 4 spaces
Recycling facilities - Small collection facility
As provided in approved use permit
Storage - Personal storage facility
One space per 300 square feet office area and common indoor facilities and one space for
every five storage units that do not have direct drive -up vehicle access
Storage yard
One space per 2,000 square feet gross floor area
Warehousing, indoor storage
One space per 300 square feet office area plus one space per 1,500 square feet indoor storage area
One space per 300 square feet office area plus one space per 1,000 square feet indoor sales /storage
Wholesaling and distribution
area, plus one space per 2,000 square feet outdoor sales area
LODGING
Bed and breakfast inn
One per room or group of rooms to be occupied as a suite, plus two for resident manager's quarters
One space per five beds, plus one for manager. When the hostel is part of a residence: one space
Hostel
per five beds, in addition to two spaces for the residence.
One per room or group of rooms to be occupied as a suite, plus one for resident manager's quarters,
Hotel, motel
plus eating /assembly area requirements
Recreational vehicle (RV) park accessory to hotel,
As provided in approved use permit
motel
PACIE 47
fCBRUARy2007
TABLE 6 - PARKING REQUIREMENTS BY USE
RECREATION. EDUCATION. & PUBLIC ASSEMBLY USES
city of san LUIS OBISpo
zonlnc, REC,uLAtlons
Bar /tavern
One space per 60 square feet of customer use plus one space per 100 square feet of food
preparation area
Club, lodge, private meeting hall
One space per 300 square feet office area plus one space per four fixed seats or one space per 40
square feet seating area without fixed seats, in the largest assembly room
Commercial recreation facility - Indoor
Bowling alleys
One space per 300 square feet gross floor area
Two spaces per lane plus one space per four seats spectator /eating area
Commercial recreation facility - Outdoor
One space per 500 square feet outdoor use area
Educational conferences
As provided in approved use permit
Fitness /health facility
One space per 300 square feet gross floor area
Library, museum
One space per 500 square feet storage /display area plus government office and meeting room
requirements
Library, branch facility
As provided in approved use permit
Night club
One space per 60 square feet floor or outdoor ground area for customer use, including seating and
dancing areas, plus one space per 100 square feet food preparation area
Off -site wine tasting room
One space per 200 square feet gross floor area
Park, playground
One space per 500 square feet
Public assembly facility
One space per four fixed seats or one space per 40 square feet of assembly area without fixed seats
Religious facility
One space per four fixed seats (one space per 40 square feet seating area without fixed seats) in
largest assembly room
School - Boarding school, elementary, middle,
secondary
As provided in approved use permit
School - College, university - Campus
As provided in approved use permit
School - College, university - Satellite classroom
facility
One space per 50 square feet per classroom floor area
School - Elementary, middle, secondary
Two spaces per classroom plus one space per 300 square feet office, assembly or common area
School - Specialized education /training
One space per 50 square feet per classroom floor area
Special event
One space per 500 square feet or as provided in approved use permit
Sports and active recreation facility
One space per 100 square feet of play surface
Sports and entertainment assembly facility
As provided in approved use permit
Studio - Art, dance, martial arts, music, etc.
One space per 200 square feet gross floor area
Theater
One space per four seats
Theater - Drive -in
No requirement
PAQC 4s
city of San LUIS OBISpo
zoninc Recqutations feBUUaay 2007
TABLE 6 - PARKING REQUIREMENTS BY USE
RESIDENTIAL USES
Boarding/rooming house, dormitory
One space per 1.5 occupants or 1.5 spaces per bedroom, whichever is greater
Caretaker quarters
Two spaces per dwelling
Convents and monasteries
One space per five occupants
Fraternity, sorority
One space per 1.5 occupants or 1.5 spaces per bedroom, whichever is greater
High occupancy residential use
The parking requirement shall be greater of: 1. The number of space required for dwellings. or 2. One
off - street parking space per adult occupant, less one.
Home occupation
See Section 17.08.090
Live/work units
2 spaces per unit
Mixed -use project
Same as Single - family dwellings
Mobile home park
1.5 spaces per unit: 1 space to be with unit
Multi- family dwellings
Same as Single - family dwellings
Residential care facilities - 6 or fewer residents
Same as Rest home
Residential care facilities - 7 or more residents
Same as Rest home
Residentail hospice facility
Same as Rest home
Rest home
One space per four beds (adult): one space per five juvenille occupants
Single - family dwellings
R -1 and C /OS: 2 spaces per dwelling, one of which must be covered. All other zones: 1 per studio
apartment: 1 -1/2 for first bedroom plus 1/2 for each additional bedroom in a unit, plus 1 for each five
units in developments of more than five units. Also see parking reduction paragraphs under
17.16.060.
Work/live units
12 spaces per unit
Pace 49
f CBRUARy 2007
TABLE 6. PARKING REQUIREMENTS BY USE
OCTAII CAI CC
city of San Luis OBISPo
zoninq Reculations
Pac,E 50
One space per 300 square feet office area plus one space per 500 square feet parts sales service
Auto and vehicle sales and rental
area, plus one space per 2,000 square feet outdoor sales area
Auto parts sales, with installation
One space per 500 square feet gross floor area
Auto parts sales, without installation
One space per 500 square feet gross floor area
Bakery, retail
One space per 200 square feet gross floor area
One space per 300 square feet office area plus one space per 500 square feet indoor sales area plus
Building and landscape materials sales, indoor
one space per 2,000 square feet warehouse area
One space per 300 square feet office area plus one space per 500 square feet indoor sales area plus
Building and landscape materials sales, outdoor
one space per 2,000 square feet warehouse or outdoor sales area
One space per 300 square feet office area plus one space per 500 square feet parts sales service
Construction and heavy equipment sales and rental
area, plus one space per 2,000 square feet outdoor sales area
Two spaces for employee parking, plus one space per 500 square feet of gross floor area and a
Convenience store
minimum of five bicycle parking spaces shall be provided per business
Extended hour retail
Same as specific type of retail
One per 500 square feet indoor sales /storage area plus one space per 2,000 square feet outdoor
Farm supply and feed store
sales /storage area.
One per 500 square feet indoor sales /storage area plus one space per 2,000 square feet outdoor
Fuel dealer (propane, etc)
sales /storage area.
Furniture, furnishings, and appliance stores
One space per 500 square feet gross floor area
General retail - 2,000 sf or less
One space per 300 square feet gross floor area
General retail - More than 2,000 sf, up to 15,000 sf
One space per 300 square feet gross floor area
General retail - More than 15,000 sf, up to 45,000 sf
One space per 300 square feet gross floor area
A maximum of one space per 200 square feet gross floor area, with the exception for more spaces if
General retail -More than 45,000 sf, up to 60,000 sf
structured mufti-level parking is used
A maximum of one space per 200 square feet gross floor area, with the exception for more spaces if
General retail - More than 60,000 sf, up to 140,000 sf
structured multi -level parking is used
Florists and Photofinishing (retail)
One space per 500 square feet floor area
Retail sales and repair of bicycles
One space per 500 square feet floor area
Groceries, liquor, specialty foods
One space per 200 square feet gross floor area
One space per 300 square feet office area plus one space per 500 square feet parts sales service
Mobile home, RV, and boat sales
area, plus one space per 2,000 square feet outdoor sales area
Office- supporting retail, 2,000 sf or less
One space per 300 square feet gross floor area
Office- supporting retail, more than 2,000, up to 5,000
One space per 300 square feet gross floor area
sf
Outdoor temporary and /or seasonal sales
See Section 17.08.020
Produce stand
As provided in approved use permit
One space per 60 sq. ft. customer use area, including waiting seating, counter service areas, and
dancing areas, plus one space per 100 sq. ft. food preparation, including counter space, pantry
Restaurant
storage, and dishwashing areas. Walls, halls, restrooms, and dead storage areas do not count as
either customer use or food preparation floor area
Service station (see also "vehicle services ")
one space for attendant booth plus two per service bay plus one space per four fuel pumps
Warehouse stores - 45,000 sf or less gfa
Minimum one space per 300 square feet gross floor area
A maximum of one space per 200 square feet gross floor area, with the exception for more spaces if
Warehouse stores -more than 45,000 sf gfa
structured multi -level parking is used
Pac,E 50
city of San LUIS OBISPO
zonlnc, Rec,uiAtlons FeBRUauy 2007
TABLE 6 - PARKING REQUIREMENTS BY USE
SERVICES - BUSINESS. FINANCIAL & PROFESSIONAL
ATMs
No requirement
Banks and financial services
One space per 300 square feet gross floor area
Business support services
One space per 300 square feet gross floor area
Convalescent hospital
Same as Medical service - Extended care
Medical service - Clinic, laboratory, urgent care
Medical, dental, and other health services: one per 200 square feet gross floor area.
Medical service - Doctor office
Medical, dental, and other health services: one per 200 square feet gross floor area.
Medical service - Extended care
One space per four beds (adult): one space per five juvenile occupants
Medical service - Hospital
One space per bed
Office - Accessory
As required for principle use
Office - Business and service
One space per 300 square feet gross floor area
Office - Government
Post offices
Offices: one per 300 square feet gross floor area. Meeting rooms: one per four fixed seats or one per
40 square feet of seating area without fixed seats.
One space per 300 square feet office, sorting, customer service area plus one space per 500 square
feet bulk handling
Office - Processing
One space per 200 square feet gross floor area
Office - Production and administrative
One space per 300 square feet gross floor area
Office - Professional
Medical dental and other health services: one per 200 square feet gross floor area. All others: one
space per 300 square feet gross floor area.
Office - Temporary
See Section 17.08.010 C
Photographer, photographic studio
One space per 200 square feet gross floor area
Pace 51
feBRUany 2007
TABLE 6 - PARKING REQUIREMENTS BY USE
RFRVICF3 . [;FNFRAI
city of san Luis o>3ispo
zonmq nequlattons
Catering service
One space per 100 square feet food preparation area
Cemetery, mausoleum, columbarium
One space per 500 square feet of building area
Day care - Day care center (child /adult)
Two spaces plus one per 14 clients
Day care - Family day care home (small/large)
Small family day care - same as for "Dwellings ". Large family day care - One space plus required
residential parking.
Equipment rental
One per 300 square feet office area plus 1 per 500 square feet indoor display /storage plus 1 per
1,000 square feet outdoor display /storage
Food bank/packaged food distribution center
One space per 300 square feet of office plus one space per 1,500 square feet of indoor storage
Homeless shelter
Two spaces for the facility plus one space for each six occupants at maximum allowed occupancy
Maintenance service, client site services
One space per 300 square feet gross floor area
Mortuary, funeral home
1 per four fixed seats or 1 per 40 square feet assembly area, whichever is greater
Personal services
One space per 200 square feet gross floor area
Repair services - Small appliances, shoes, etc.
One space per 300 square feet
Self service laundry/dry cleaner
One Space per each four washers or dryers
Public safety facilities
One space per 500 square feet gross floor area
Public utility facilities
One space per 300 square feet office area plus one space per 1,500 square feet warehouse /service
area plus space for fleet vehicles
Repair service - Equipment, large appliances, etc.
One space per 500 square feet gross floor area
Social service organization
One space per 300 square feet gross floor area
Vehicle services - Repair and maintenance - Major
One space per 500 square feet gross floor area
Vehicle services - Repair and maintenance - Minor
One space per 500 square feet gross floor area
Service stations
One space for attendant booth plus two per service bay plus one space per four fuel pumps
Vehicle services - Carwash
Two spaces plus sufficient waiting line(s) or Two spaces plus washing area(s)
Veterinary clinic /hospital, boarding, large animal
One space per 500 square feet gross floor area
Veterinary clinic /hospital, boarding, small animal,
indoor
One space per 300 square feet gross floor area
Veterinary clinic /hospital, boarding, small animal,
outdoor
One space per 300 square feet gross floor area
To Ak1Q0f%CTATInh1 E rf'1UU 1rJ1r'ATInNC
Airport
To be determined when use permit is approved
One space per 300 square feet office area plus one space per 1,000 square feet garage /warehouse
Ambulance, taxi, and /or limousine dispatch facility
area
Ambulance services
Three spaces per emergency vehicle
Broadcast studio
One space per 300 square feet gross floor area
Heliport
As provided in approved use permit
Railroad facilities
One space per 300 square feet office or waiting room
One space per 300 square feet office /waiting area plus one space per 1,000 square feet
Transit station or terminal
house /garage area
Truck or freight terminal
One space per 300 square feet office plus one space per 1,000 square feet garage /warehouse area
Water and wastewater treatment plants and services
One space per 300 square feet office plus one space per 1,000 square feet warehouse /service area
Water and wastewater treatment plants
As provided in approved use permit
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TABLE 6.5 BICYCLE PARKING SPACE REQUIREMENTS a
Zone Number of bicycle spaces Minimum short-term ° Minimum long -
as a percentage of required bicycle spaces term die bicycle
auto spaces b spaces
R -2, R -3, R -4 5% 100% --
C- C, C- R,C -N, 15% 50% 40%
C -D
0, BP 15% 10% 80%
C -T 5% 10% 80%
C -S, M 15% 10% 80%
PF
(schools, junior 1 space
high to college) per 3 students
Park & ride lots 10% - - 100%
a All parking shall be provided on site.
b Requirements apply to uses that require 10 or more vehicle parking
spaces. When less than %2 space is calculated, one space is required.
c "Short- Term" bicycle parking is used by visitors to multi - family housing
and by patrons of commercial and institutional uses. Bicycle racks are
used to satisfy this need.
d "Long- Term" bicycle parking is used by employees of commercial and
institutional uses and by residents. Fully enclosed lockers are used to
satisfy this need. Lockable rooms reserved for bicycle storage and
secured parking areas managed by attendants are other acceptable
forms. Bicycles shall be parked vertically or horizontally with at least the
rear tire resting at floor level.
e In addition to short- and long -term parking required for commercial uses,
residential uses in all zones, including the Downtown Commercial (C -D)
zone, shall provide bicycle lockers or interior space within each dwelling
or accessory structure (e.g. garages) for the storage of at least two
bicycles per unit regardless of the number of automobile parking spaces
provided.
J. Elderly housing parking.
Housing occupied exclusively by persons aged 62 or older may provide one -half
space per dwelling unit or one space per four occupants of a group quarters.
K. Low - income housing parking.
Housing occupied exclusively by very low or low- income households, as defined by
the State, may provide one car and one bicycle space per dwelling unit.
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L. Additions and changes in use for existing uses or structures which do not meet
current parking standards.
1. Minor additions. Minor additions to existing legal structures or uses, which are
non - conforming because they do not meet current parking standards, may be
permitted if they meet the following requirements:
a. The parking spaces required for the addition are provided in conformance
with this chapter, in addition to all parking spaces already provided for the
existing use or structure; and
b. All existing parking shall be in substantial compliance with parking and
driveway standards; and
c. The addition is not more than 25 percent of the existing gross floor area or
1000 square feet, whichever is greater; and
d. For residential projects, at least one legally conforming space is provided for
each existing unit in addition to all parking required for the addition itself.
2. Larger additions. Existing legal structures or uses which are non - conforming
because they do not meet current parking standards may be expanded more than
25 percent of the existing gross floor area or 1000 square feet, subject to the
following:
a. All existing parking shall be in substantial compliance with parking and
driveway standards; and
b. All required parking for the existing use or structure plus that required for the
addition is provided; or an administrative use permit is obtained and parking
is provided pursuant to the following chart:
Increase in parking provided for parking provided
gross floor addition in addition for existing use or
area existing parking structure is at least
25-49% 100% 50%
50-74% 100% 75%
> 75% 100% 100%
For residential projects, at least one legally conforming space is provided for each
existing unit, in addition to all parking required for the addition itself.
Use changes. Changes in use, which increase the total parking demand from
existing legal uses which are non - conforming because they do not meet current
parking requirements, may be permitted so long as the number of spaces equal
to the difference between the number required by the previous use and the
number required by the new use is provided, in addition to all spaces already
provided for the previous use. (Ord. 1122 - 1 Ex. A(part), 1988; Ord. 1114 - 1 Ex.
A. 1988: Ord. 1102 - 1 Ex. A(10), (11), 1987: Ord. 1085 - 1 Ex. A (part), 1987:
Ord. 1006 - 1 (part), 1984: Ord. 941 - 1 (part), 1982: prior code - 9202.5(G))
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17.16.070 Parking and driveway design and exceptions.
A. Parking and driveway design and requirements for permits shall be as provided in the
parking standards adopted by Council resolution.
B. The Director may grant exceptions to the standards subject to appropriate conditions
and upon finding that:
1. The exception will not constitute a grant of special privilege inconsistent with the
driveway or parking limitations upon other properties in the vicinity;
2. The exception will not adversely affect the health, safety or general welfare of
persons working or residing in the vicinity; and
3. The exception is reasonably necessary for the applicants full enjoyment of uses
permitted upon his /her property. (Ord. 1006 - 1 (part), 1984; Ord. 941 - 1 (part),
1982: prior code - 9202.5(H))
17.16.090 Screening of outdoor sales and storage.
Screening shall be required for all outdoor sales and storage. Such screening shall
consist of a solid fence, wall or mature hedge or other screen planting at least six feet
high. The Community Development Director may waive the screening requirement when
the use customarily is not screened from public view, such as auto sales or displays at
service stations. The Community Development Director may defer the screening
requirement where the sales or storage is adjacent to vacant . land and where it is not
visible from a public street. Such waiver or deferral may be by approval of whatever type
of use permit may be required for the use. If no use permit is required, the waiver or
deferral shall be in writing and shall set forth the circumstances justifying the action. (Ord.
1006 - 1 (part), 1984; Ord. 941 - 1 (part), 1982: prior code - 9202.5(J))
17.16.100 Utility services.
Deleted by Ordinance No. 1353 (1999 Series). Now part of the Uniform Administrative
Code Amendments, relocated to Chapter 15.04.
17.16.110 Satellite Dish Antenna.
A. Purpose
To establish regulations which regulate the installation of dish -type satellite antenna to
help protect public safety and preserve view corridors and neighborhood character.
B. Definition
1. A satellite dish antenna is a device incorporating a reflective surface that is solid,
open mesh, or bar - configured and is in the shape of a shallow dish, cone, horn or
cornucopia, that is used to transmit and /or receive radio microwave, or other
electromagnetic waves between terrestrially and /or orbitally based use.
C. Residential Performance Standards
The installation of dish -type satellite antenna may be permitted in all residential zones
subject to the following criteria:
1. Antenna size: Maximum diameter to be 10 feet.
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2. Setback: No part of a satellite dish antenna may be located in any required
street or other yard. Antennas located outside a street yard setback but between
the residence and the street are prohibited.
3. Height: Maximum antenna height to be 13 feet. All satellite dishes higher than
side or rear yard fences shall be screened from neighboring properties.
Roof - mounted installations or pole- mounted installations attached to eaves are
prohibited except by use permit. Any antenna that may block significant views
from neighboring buildings or from public areas shall be subject to architectural
review.
4. Number: One dish type satellite antenna is allowed per site, in addition to normal
television and radio antennas.
D. Commercial Performance Standards. The installation of dish -type satellite antenna
may be permitted in the Office, Commercial, and Industrial zones subject to the
following criteria:
1. Installation shall be subject to architectural review in accordance with the adopted
Architectural Review Commission Ordinance and guidelines.
2. Installations shall not be permitted within street yard.
3. Installations shall be located so as to minimize visibility from adjoining properties
and rights -of -way.
E. Exceptions.
1. Dish -type satellite antenna installations that are less than one meter in diameter
are exempt from these regulations unless proposed on a historic building.
Dish -type satellite antenna installations that cannot meet the performance
standards included in paragraphs C and D above may be considered if an
administrative use permit is obtained as outlined by Chapter 17.58. Conditions
imposed as part of use permit approval would typically include requirements to
minimize the visibility of the installation, including blockage of significant public
and private views of hillsides, city vistas, or open space areas. Acceptable
techniques to reduce the visibility of dish installations include use of alternative
materials (wire mesh instead of solid surface), painting the dish in a subdued or
natural color, and landscaped screening.
F. Open Space /Conservation Standards. The installation of dish -type satellite
antennas may be permitted in the Open Space /Conservation zone subject to an
administrative use permit and subject to architectural review in accordance with the
adopted ARC ordinance and guidelines.
G. Building Permit Required. All satellite dish installations require issuance of a
building permit. This is to insure that dishes are structurally sound and properly
grounded. Plans submitted for a building permit for a roof - mounted or pole- mounted
installation require certification by a registered engineer. (Ord. 1107 - 1 Ex. A, 1987)
17.16.120 Wireless telecommunication facilities.
A. Purpose
To establish standards for the development, siting and installation of wireless
telecommunications facilities; to protect and promote public health, safety, and
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welfare; and to preserve view corridors and avoiding adverse visual and
environmental impacts. These standards are not intended to be all- inclusive. Projects
may be subject to additional standards deemed appropriate through architectural
review and use permit processing to address site - specific conditions.
B. Definitions.
1. Wireless telecommunications facilities consist of commercial wireless
communications systems, including but not limited to: cellular, PCS, paging,
broadband, data transfer, and any other type of technology that fosters wireless
communication through the use of portable electronic devices. A facility includes
all supporting structures and associated equipment.
2. Co- location is the practice of two or more wireless telecommunication service
providers sharing one support structure or building for the location of their
antennas and equipment.
3. Stealthing means improvements or treatments added to a wireless
telecommunications facility which mask or blend the proposed facility into the
existing structure or visual backdrop in such a manner as to render it effectively
unnoticeable to the casual observer.
C. Exempt facilities.
The following wireless telecommunication facilities are exempt from the requirements
of this section:
1. Government -owned communications facilities used primarily to protect public
health, welfare, and safety.
2. Facilities operated by providers of emergency medical services, including
hospital, ambulance, and medical air transportation services, for use in the
provision of those services.
3. Satellite dish antennas for residential and commercial use, solely for the use of
the occupants of the site, subject to compliance with development standards set
forth in Section 17.16.100 et al of the zoning ordinance.
4. Any facility specifically exempted under federal or state law.
D. Planning Applications and approvals required.
1. Installation of a new wireless telecommunication or modification of an existing
installation shall require administrative use permit approval and architectural
review.
2. The co- location of a new wireless telecommunication with an existing approved
installation shall only require architectural review.
3. The applicant shall submit application materials and fees as required by the
Community Development Department.
E. Building permit required.
Wireless communications facilities shall not be constructed, installed or modified prior
to obtaining a City building permit.
F. Site development and performance standards.
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1. Setbacks. All facility towers and accessory structures shall comply with the
setback requirements of the applicable zoning district.
2. Height. The height of any antenna or support equipment shall be determined as
part of the use permit on a case by case basis. All facilities shall be designed to
the minimum necessary functional height.
3. Site Access. Telecommunication facilities should use existing roads and parking
whenever possible. New and existing access roads and parking shall be
improved and surfaced where necessary to the satisfaction of the Community
Development Director.
4. Aesthetics and Visibility. Facilities shall be creatively designed to minimize the
visual impact to the greatest extent possible by means of placement, screening
and camouflage. The applicant shall use the smallest and least visible antennas
possible to accomplish the coverage objectives. Each installation shall be
designed to blend into its surroundings so that the antenna(s) and equipment are
not apparent to the casual observer.
Building mounted facilities shall appear as an integral part of the structure.
Equipment and antennas shall be compatible and in scale with existing
architectural elements, building materials and site characteristics. Wall
mounted antennas shall be integrated architecturally with the style and
character of the structure. If possible, antennas and equipment shall be
located entirely within an existing or newly created architectural feature so as
to be effectively unnoticeable.
b. Ground mounted support equipment shall be undergrounded or otherwise
screened from view so as to be effectively unnoticeable.
c. All connections and conduits between the base of the antenna(s) and support
equipment shall be undergrounded. Connections and conduit above ground
shall be fully enclosed to the satisfaction of the Community Development
Director. Electrical and telephone service to the support equipment shall be
undergrounded.
d. Ground mounted antennas, poles, structures, equipment, or other parts of a
telecommunications facility, which would extend above a ridgeline so as to
silhouette against the sky shall be discouraged. Where allowed, they shall be
designed to be indistinguishable from the natural surroundings.
5. Lighting. All telecommunication facilities, not otherwise required to have lighting
pursuant to Federal Aviation Administration rules, shall be unlit, except when
authorized personnel are actually present at night, and except for exempt
facilities.
6. Historic Buildings. Any wireless facility located on or adjacent to a historic
building or site shall be designed to ensure consistency with the Secretary of
Interior standards for remodeling and rehabilitation.
7. Equipment Upgrades. It shall be the responsibility of the owner /operator of a
telecommunications facility to provide the City with a notice of intent to modify site
equipment in any way. At the time of modification, co- location, or upgrade of
facilities, existing equipment shall be replaced with equipment of equal or greater
technical capacity and modified to reduce aesthetic impacts by reducing the size
of the facility or introducing camouflaging techniques to the satisfaction of the
Community Development Director. Unused or obsolete equipment or towers shall
be removed from the site within 90 days after their use has ceased.
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city of sAn Luis OBISpO
junE 2008 zoninq RequLAtions
8. Number of facilities per site. The City shall retain the authority to limit the
number of antennas with related equipment and providers to be located at any
site and adjacent sites in order to prevent negative visual impacts associated with
multiple facilities.
9. Noise. Each facility shall be operated in a manner that minimizes any possible
disruption caused by noise to people working and living in the vicinity. At no time
shall equipment noise from any source exceed an exterior noise level of 55 dB at
the property line or within 20 feet of such equipment, whichever is less. This
requirement may be modified at the discretion of the Community Development
Director where typical ambient noise levels exceed 55 dB. Outdoor noise
producing construction activities shall take place only on weekdays between the
hours of 8:00 am and 5:00 pm unless a different schedule is approved as part of
the use permit.
10. Backup Generators. Any facility utilizing temporary backup generators shall be
required to meet or exceed Air Pollution Control District Standards. All generators
shall be fitted with approved air pollution control devices. Projects that propose to
include backup generators shall require review and approval from the Air
Pollution Control district. Project plans shall indicate location, size, horsepower,
and type of fuel used for any proposed generator. Generators shall only be
operated during power outages and for testing and maintenance purposes.
Testing and maintenance shall only take place on weekdays between the hours
of 8:00 am and 5:00 pm.
11. Biological Impacts. Wireless telecommunication facility shall minimize potential
impacts to biological resources to the greatest extent possible.
12. Radio Interference. Interference with municipal radio communication is
prohibited. Any telecommunication facility that the City has reason to believe is
interfering with municipal radio communication shall cease operation immediately
upon notice from the City, and shall be subject to use permit review and possible
revocation. Testing shall be done prior to any permanent installation and
frequencies shall be monitored at regular intervals after installation established by
the use permit, at the expense of the facility owner /operator.
13. Airport Operations. Wireless communications facilities shall not be sited in
locations where they will interfere with the operation of the San Luis Obispo
Airport. Wireless towers and related facilities within the Airport Planning Area
shall be referred to the Airport Manager or the Airport Land Use Commission for a
determination of consistency with airport area standards.
14. Radio Frequencies and Electromagnetic Exposure.
a. Wireless telecommunications facilities operating alone or in conjunction with
other telecommunications facilities shall not produce radio frequency
radiation in excess of the standards for permissible human exposure as
adopted by the Federal Communications Commission (FCC). Applications for
facilities shall include a radio frequency radiation (RFR) report that measures
the predicted levels of RF radiation emitted by the proposed facility. The
radio frequency radiation report shall compare proposed project levels to
levels allowed by the FCC and shall show output of the proposed facility in
combination with other facilities located or proposed in the vicinity.
b. The City may require one or more post- construction RFR reports as a
condition of project approval, to verify that the actual levels of RFR emitted by
the approved facilities, operating alone or in combination with other approved
facilities, substantially conform to the pre - approval RFR report and do not
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city Of san Luis OBISPO
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exceed current standards for permissible human exposure to RFR as
adopted by the FCC.
15. Signs. Explanatory warning signs shall be posted at all access points to cellular
telecommunication facilities in compliance with the American National Standards
Institute (ANSI) C95.2 color, symbol, and content conventions.
16. Nuisance. Facility generators, mechanical equipment, construction, testing and
maintenance shall be operated or performed in such a manner that no nuisance
results. At the discretion of the Director, upon receipt of written complaints, the
use permit allowing a telecommunications facility may be scheduled for public
review. At the hearing, conditions of approval may be added, deleted, or modified,
or the use permit may be revoked.
17. Interference with Public Services and Facilities. Telecommunication facilities
within public parks shall not interfere with park operations or limit public use of
park facilities. Installations in conjunction with other public facilities shall be held
to a similar standard.
18. City inspection. The City shall have the right to access facilities after 24 hours
written or verbal notice.
G. Abandonment.
It shall be the responsibility of the owner /operator of a telecommunications facility to
provide the City with a notice of intent to vacate the site a minimum of thirty (30) days
prior to ceasing operation. Any wireless telecommunication facility that is not
operated for a continuous period of ninety (90) days shall be removed within ninety
(90) days of the date upon which the operation ceased.
H. Revocation of a Permit.
Wireless telecommunication service providers shall fully comply with all conditions
related to any permit or approval granted under this section. Failure to comply with
any condition shall constitute grounds for revocation. If a condition is not remedied
within a reasonable period, the Community Development Director may schedule a
public hearing before the Hearing Officer to consider revocation of the permit. (Ord.
1409 — 2001 Series)
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Chapter 17.17: PROPERTY MAINTENANCE STANDARDS
Sections:
17.17.010
Purpose.
17.17.020
Applicability of other provisions.
17.17.030
General requirements.
17.17.040
Visible storage or maintenance.
17.17.050
Front yard paving.
17.17.060
Roofs.
17.17.070
Fences.
17.17.080
Prohibited acts.
17.17.090
Private cause of action.
17.17.010 Purpose.
The quality of life in this city is tied to the character and conditions of its neighborhoods.
The purpose of these property maintenance standards is to protect the appearance,
integrity and character of the community.
17.17.020 Applicability of other provisions.
A. Use of property within the city may also be subject to provisions of this code not
contained in this chapter, including, but not limited to, the following:
Solid waste disposal, Chapter 8.04
Hazardous weeds and debris, Chapter 8.08
Nighttime parking of large vehicles, Section 10.36.150
Parking in yard, Section 10.36.233
Uniform codes (building regulations), Chapter 15.04
Fire prevention code, Chapter 15.08
Satellite dish antenna, Section 17.16.110
B. Where provisions of this chapter conflict with provisions of other applicable laws,
including this code, the more restrictive provision shall prevail.
17.17.030 General requirements.
The provisions of this chapter apply to all zones in the city, except as otherwise specified.
17.17.040 Visible storage or maintenance.
Storage and maintenance to be screened. Parking, storage, stockpiling, or maintenance
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of any of the following items on private property must be screened from any public right -
of -way, except as provided in section D, below. Objects and activities will be considered
"screened" when they are either 1) not visible from a public right -of -way or 2) behind a
solid six - foot -high fence, wall, or hedge where such fence, wall, or hedge is otherwise
permitted by zoning and building codes.
A. Furniture and other equipment. Furniture or other equipment, including but not
limited to stuffed couches and chairs, household appliances, sinks, heaters, boilers,
tanks, machinery, other household or commercial equipment, or any parts thereof.
B. Materials. Building materials, including but not limited to packing boxes, lumber, dirt
piles, wood, landscape materials, or debris.
C. Recreational vehicles and related devices.
1. Any airplane or other aircraft, or any parts thereof,
2. Special mobile equipment or parts thereof, such as tar wagons, water trailers,
and similar devices as defined in section 575 of the Vehicle Code,
3. Boats, trailers, camper shells, recreational vehicles, jet skis or similar devices, or
parts from any of these items, unless exempted in section D7 below.
D. Exceptions. The following may be allowed in front yards under the noted
circumstances:
1. Waste haulers and recycling containers may be placed for pickup in accordance
with Chapter 8.04 of this code.
2. Portable on demand storage containers (PODS) used for the temporary storage
of personal property owned or rented by the occupants may be allowed for a
period not to exceed one week.
3. Building materials, vehicles, equipment, or construction tools may be placed in
yards during construction with a valid building permit.
4. Personal property owned or rented by the occupants may be repaired, washed,
cleaned, and serviced, subject to any other relevant regulations, provided that
vehicles are parked in a driveway and that all work is completed within 72 hours.
5. Storage, repair, and maintenance of vehicles or other equipment may be allowed
in commercial or agricultural areas visible from a public right -of -way, where these
activities are an integral part of the commercial business and are conducted in
accordance with all other limitations on that business.
6. Barbecues and furniture that is designed and intended for outdoor use may
remain on a porch or in a walled front patio, where the walls are designed in
accordance with fence height regulations.
7. Recreational vehicles and trailers with current licenses may be parked in
driveways.
17.17.050 Front yard paving.
No more than 50% of any residential front yard (see definition of "front yard "), not to
exceed 26 feet in width, may be covered by concrete or any other impervious material,
including driveways, patio areas, walkways, and other landscape features. Exceptions to
this standard can be granted through the Administrative Use Permit process, should the
proposed paving be compatible with the neighborhood. (Ord. 1412 — 2002 Series)
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17.17.060 Roofs.
A. No furniture or equipment, including chairs, mattresses, couches, recreational
furniture, or other materials may be placed on any roof, patio cover, carport, shed top,
or similar structure, except for the following:
1. Roof -top equipment, including antennas, satellite dishes, masts, poles, heating,
ventilation, air conditioning equipment and similar devices that are designed for
roof -top installation, and were lawfully installed, may remain on the roof as long
as they are properly maintained.
2. Furniture or other equipment may be placed on a roof deck or other similar place
that was lawfully designed and created for such use.
17.17.070 Fences.
All fencing that is visible from a public right -of -way shall be maintained so that fencing
materials and support are structurally sound, with no missing material.
17.17.075 Neighborhood preservation.
It shall be unlawful and a public nuisance for any person, firm or corporation, owning,
leasing, occupying, or having possession of any private property in the City to maintain
such property in such a manner that any of the following conditions are found to exist
thereon:
Buildings which are abandoned, partially destroyed or damaged or left in an
unreasonable state of partial construction, whose owners have been notified by the
City that the property has been determined to be in violation of this section. An
abandoned building means any building or structure which is not occupied, used or
secured for a period of one (1) year or more. A partially destroyed or damaged
building means any building or structure in which 25% or more of the structure has
been destroyed or damaged and not repaired or replaced for a period of one (1) year
or more. An unreasonable state of partial construction is defined as any unfinished
building or structure that has been in the course of construction for two (2) years or
more, and the condition of said unfinished building or structure or accumulation of
construction materials substantially detracts from the appearance of the immediate
neighborhood.
2. Paint or finish material on the exterior surface of a building or other structure that has
become substantially deteriorated, damaged, or unsightly so as to significantly detract
from the appearance of the immediate neighborhood. For the purposes of this
Chapter, "substantially" shall be defined as the absence or deterioration of a required
protective covering exceeding 25% of the exterior surface area, including, but not
limited to, chipping, curling, damaged or missing paint. Exterior surfaces shall include
gutters, downspouts, trim, doors, window, fences, and walls.
3. Broken, deteriorated, neglected, abandoned, or substantially defaced structures,
equipment, machinery, ponds, pools, or excavations visually impacting on the
neighborhood or presenting a risk to public safety or nuisance attractive to children.
For the purposes of this Chapter, "nuisance attractive to children" shall mean any
condition, instrumentality or machine located in a building or on premises, which is or
may be unsafe or dangerous to children by reason of their inability to appreciate the
peril therein, and which may reasonably be expected to attract children to the
premises and risk injury by playing with, in, or on it.
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4. Parking lots, driveways, paths or other paved surfaces, except when located in a rear
or side yard of a single family dwelling, which contain substantial cracks, potholes or
other deficiencies posing a substantial risk of harm to the public.
5. Trees, weeds, or other types of vegetation that are dead, decayed, infested,
diseased, overgrown, or harbor rats or vermin and are visible from a public
right -of -way. For the purpose of this chapter, 'overgrown" is limited to lawns or weeds
over 12" in height. Creek, riparian areas, open space, grassland communities, or
other sensitive habitat and unique resource areas as defined by the General Plan are
subject to separate regulations.
6. Buildings, structures, or other surfaces upon which graffiti exists. Graffiti, as used in
this Chapter, shall mean defacement, damage, or destruction by the presence of
paint, ink, chalk, dye, or other similar substance; or by carving, etching, or other
engraving.
7. Any violation of the provisions of a conditional use permit, planned development
permit, architectural review approval, variance or other land use entitlement or land
use permit.
8. Maintenance of property in such condition as to be detrimental to the public health,
safety, or general welfare in such a manner as to constitute a public nuisance as
defined by Civil Code Section 3480. (Ord. 1412 — 2002 Series)
17.17.080 Prohibited acts.
A. Unlawful acts. It is unlawful for any person, firm, or corporation that owns, occupies
or controls property in the City of San Luis Obispo to maintain or fail to maintain such
property in violation of Sections 17.17.040, 17.17.050, 17.17.060, or 17.17.070 of this
chapter for more than 72 hours.
B. Type of offense. Any person who violates Sections 17.17.040, 17.17.050,
17.17.060, 17.17.070, or 17.17.075 of this chapter shall be guilty of an infraction.
Violations shall be punishable as set forth in Chapter 1.12 of the San Luis Obispo
Municipal Code. Nothing in this chapter shall be deemed or constituted to prevent the
City from commencing any civil proceeding otherwise authorized by law for the
declaration or abatement of a public nuisance.
(Ord. 1412 — 2002 Series)
17.17.090 Private cause of action.
If the owner of any premise fails or neglects to comply with the provisions of this chapter,
it shall constitute a public nuisance, pursuant to Section 8.24.020(8) of the San Luis
Obispo Municipal Code. Any aggrieved party may, in addition to any other right or remedy
he or she may possess either at law or in equity, pursue a private cause of action to abate
a public nuisance, as specified in Section 8.24.190 of the San Luis Obispo Municipal
Code.
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Chapter 17.18: PERFORMANCE STANDARDS
Sections:
17.18.010
Noise.
17.18.020
Vibration.
17.18.030
Illumination.
17.18.040
Air Contaminants.
17.18.050
Discharges to water or public sewer system.
17.18.060
Heat.
17.18.070
Solid waste.
17.18.080
Energy conservation.
17.18.090
General and special conditions.
17.18.010 Noise.
A. No use shall be established nor any activity conducted which violates the standards of
the Noise Ordinance (Chapter 9.12 of this code). (Ord. 1102 - 1 Ex. A(13), 1987: Ord.
941 - 1 (part), 1982: prior code - 9202.6(A))
17.18.020 Vibration.
Subject to the exceptions in subsection C of Section 17.18.010, no activity shall be
conducted which causes ground vibrations perceptible at the property line. (Ord. 941 -
1(part), 1982: prior code - 9202.6(B))
17.18.030 Illumination.
No lighting or illuminated device shall be operated so as to create glare which creates a
hazard or nuisance on other property. (Ord. 941 - 1(part), 1982: prior code - 9202.6(C))
17.18.040 Air contaminants.
A. No use or activity shall be conducted without first obtaining any required permit from
the County Air Pollution Control District.
B. Uses shall be conducted to prevent dust or other airborne material from crossing
property lines. (Ord. 941 - 1(part), 1982: prior code - 9202.6(D))
17.18.050 Discharges to water or public sewer system.
A. Discharges to groundwater or waterways, whether direct or indirect, shall conform
with the requirements of the Regional Water Quality Control Board and the California
Department of Fish and Game.
B. Discharges to the City sewer system shall conform to Article II of Chapter 13.08 of
this code. (Ord. 941 - 1(part), 1982: prior code - 9202.6(E))
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zonlnG 12EgauLAtions
17.18.060 Heat.
june 2008
No activity shall be conducted which causes radiant heat or a stream of heated air
resulting in a temperature increase of more than 20 degrees Fahrenheit at any property
line or any public right -of -way. (Ord. 941 - 1(part), 1982: prior code - 9202.6(F))
17.18.070 Solid waste.
Solid wastes shall be handled and stored so as to prevent nuisances, health and fire
hazards, and to facilitate recycling. Suitable containers shall be provided to prevent
blowing or scattering of trash by animals. Suitable space and containers shall be
provided to encourage on -site sorting and collection of recyclables. (See also Chapter
8.04) (Ord. 941 - 1(part), 1982: prior code - 9202.6(G))
17.18.080 Energy conservation.
The use of conventional energy sources for space heating and cooling, water heating,
and illumination shall be minimized by means of proper design and orientation, including
provision and protection of solar exposure.
17.18.090 General and special conditions.
These performance standards are general requirements and shall not be construed to
prevent the Director, Council, Planning Commission, or Architectural Review Commission
from imposing, as part of project approval, specific conditions which may be more
restrictive, in order to meet the intent of these regulations. (Ord. 941 - 1(part), 1982: prior
code - 9202.6(H))
PAGE 66
city of san Luis OBISPO
dune 2008 zonrnc, izeculations
Chapter 17.19: BED AND BREAKFAST ESTABLISHMENTS
Sections:
17.19.010 Purpose
17.19.020 Definitions
17.19.030 Applications and approval required
17.19.040 General standards
17.19.050 Site development and performance standards in the R -3 and R -4 zones
17.19.060 Site development and performance standards in the AG zone
17.19.070 Findings required
17.19.080 Revocation of a permit
17.19.010 Purpose.
To establish standards for the development of bed and breakfast establishments within
the residential and agriculture zones of the City upon conforming to set criteria and
conditions. The intent of these standards is to ensure that the location, concentration,
and design of bed and breakfast establishments is consistent with or does not negatively
affect the character or function of the neighborhood and surroundings.
17.19.020 Definitions.
Bed and Breakfast Inn: a building or group of buildings providing up to fifteen rooms or
suites for the accommodation of travelers, with.a common eating area for guests.
17.19.030 Applications and approvals required.
A Bed and Breakfast Inn is allowed as specified in Section 17.22 of the San Luis Obispo
Municipal Code. In addition to the applicable Use Permit requirement, review by the
Cultural Heritage Committee and Architectural Review Commission may be required
depending upon the type of changes proposed to any structure intended for use as a Bed
and Breakfast Inn.
17.19.040 General standards.
These standards apply to all bed and breakfast homes or inns in the R -3, R -4, and AG
zone districts.
1. The use permit is subject to review at anytime and maybe revoked after a hearing by
the Planning Commission and a finding by the Planning Commission that the use has
become detrimental to the surrounding neighborhood;
2. Abed and breakfast inn must comply with all other provisions of the zone in which it is
located and must comply with all other ordinances of the City;
A City business license is required and remittance of transient occupancy tax is
required;
paCIC 67
city of sAn lulls oBispo
zonlnc, Recluldtions junE 2008
4. Any other conditions deemed essential and desirable by the Planning Commission
may be imposed on such a use;
5. The home shall not be used by the public or paying guests for the hosting of
receptions, private parties or the like;
6. Meals, if provided, shall be served only to residents and overnight guests of the bed
and breakfast home;
7. There shall be no separate or additional kitchen facility for the guests;
8. No alteration shall be allowed to the exterior of the dwelling or yard that alters the
residential characteristics of the premises or jeopardizes /eliminates features of
historical or architectural significance. Changes to any historical building shall be
consistent with the Secretary of Interior Standards and shall be subject to Cultural
Heritage Committee and Architectural Review Commission approval;
9. No historical structure shall be removed in order to allow for a bed and breakfast
home or inn nor shall such a structure be removed in order to provide parking for
such a use;
10. One non - internally illuminated sign may be erected on the property not to exceed ten
(10) square feet in size per street frontage. Lighting level shall comply with City sign
regulations for the zone district. The sign shall compliment the nature of the use; i.e.
historic structures should have an historic style sign. The sign shall contain no
information other than identification of the premises as the named bed - and - breakfast
home.
17.19.050 Site development and performance standards in the R -3
and R -4 Zones.
These additional standards apply to bed and breakfast inns in the R -3 and R -4 zones.
1. The main building of the Bed and Breakfast establishment must be the "primary
residence" of the "owner" or "manager" of the bed and breakfast use;
2. Accessory buildings and structures may also be used for bed and breakfast guest
rooms;
3. Generally, the minimum parking setback for guest/employee spaces shall be 15 feet
from a "street yard" and 5 feet from an "other yard" (yards as defined in §17.16.020).
The parking area shall be screened from direct view of the public right -of -way by a
completely planted visual barrier;
4. All parking spaces and driveways shall be paved to City standards with decorative
materials or, if a historic property, materials which maintain the historical character of
the neighborhood and premises;
5. In general, the number of guest rooms permitted should be based on the City's
density unit calculation with a rental room counting as a studio, and shall in no case
exceed 15. The manager's quarters shall be valued based on number of bedrooms
but in no case shall be less than 1.0 density unit. The maximum density unit value,
less the value of the manager's quarters shall generally determine the maximum
number of guest rooms. Other factors used in determining the appropriate number of
pAQ6 68
city of San Luis OBlspo
June 2008 zoninc, neculatlons
guest rooms that may be permitted in any location shall include the relationship of the
site to parking, access, character, size and scale of surrounding uses;
6. Sites with historic structures shall balance outdoor space for guest use with space
required for off - street parking needs.
17.19.060 Site development and performance standards in the
Agriculture Zone.
These additional standards apply to bed and breakfast homes or inns in the Agriculture
(AG) zone.
1. The main building of the Bed and Breakfast establishment must be the "primary
residence" of the owner or manager of the bed and breakfast use;
2. Accessory buildings and structures may also be used for bed and breakfast guest
rooms;
3. The establishment of a bed and breakfast use shall not result in the conversion of
land in agricultural production;
4. Factors used in determining the appropriate number of guest rooms that may be
permitted in any location shall include the relationship of the site to parking, access,
character, size and scale of surrounding uses, and in no case shall the number of
guest rooms permitted exceed 15.
17.19.070 Findings required.
In approving a Use Permit for a bed and breakfast inn, the Planning Commission must
make the following findings:
1. The establishment of the bed and breakfast inn is consistent with the general plan;
2. The establishment of the bed and breakfast inn will not be detrimental to a building,
structure or feature of significant aesthetic, cultural, or historical interest or value;
3. The establishment of the bed and breakfast inn does not constitute undue
concentration of such establishments that would negatively affect the appearance
and /or function of the surrounding neighborhood; and
4. The establishment of the bed and breakfast inn is compatible with and will not be
detrimental to the character of the neighborhood and surrounding land uses.
These findings shall be in addition to those required for the approval of use permits
contained in § 17.58.040.
17.19.080 Revocation of a permit.
The owner and /or manager of a bed and breakfast establishment shall fully comply with
all conditions related to any permit or approval granted under this section. Failure to
comply with any condition shall constitute grounds for revocation. If a condition is not
remedied within a reasonable period, the Community Development Director may schedule
a public hearing before the Planning Commission to consider revocation of the permit.
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city of sAn lugs oisispo
zonmc ueculations
Chapter 17.20: RESIDENTIAL OCCUPANCY
STANDARDS
Sections:
17.20.010 Group housing -Permitted upon approval of use permit.
17.20.020 Group housing - Occupancy limits.
june 2008
17.20.010 Group housing - Permitted upon approval of use permit.
Group housing (such as dormitory, rest home, boardinghouse or fraternity) that is
occupied by six or more individuals may be permitted upon approval of whatever type of
use permit is required by the zone district provisions. (Ord. 941 - 1(part), 1982: prior
code - 9202.7(A))
17.20.020 Group housing - Occupancy limits.
Use permits for group housing shall stipulate a maximum occupancy. For purposes of
this section, residential care facilities will not be considered "group housing ". The
occupancy limits shall reflect habitable space within buildings and available parking and
shall not exceed the following standards based on the general plan:
TABLE 8: MAXIMUM POPULATION DENSITY FOR EACH ZONE
Maximum Population Density
Zone (persons per net acre)
R -1 21
R -2, O, C -N, C -T 25
R -3 40
R -4, C -R, C -C, C -D 55
(Ord. 941 - 1(part), 1982: prior code - 9202.7(6))
pace 70
city of sAn Luis OBISpo
June Zoos zonlnc, aequLations
Chapter 17.21: SECONDARY DWELLING UNITS
Sections:
17.21.010
Purpose.
17.21.020
Definitions.
17.21.030
General requirements.
17.21.040
Performance standards.
17.21.050 Procedure requirements.
17.21.060 Periodic review - Violations.
17.21.010 Purpose.
A. This chapter is intended to implement Government Code Section 65852(.150) and
(2), which allows the city to perform administrative architectural review and apply
specific development standards to secondary dwelling units in residential zones.
B. The city intends to regulate secondary dwelling units as permitted by Section
65852.2(a) of the State Government Code, and other applicable sections.
C. The city recognizes opportunities to implement certain policies and programs of the
city housing element of the general plan by providing for and regulating secondary
dwelling units.
D. Implementation of this chapter is meant to expand housing opportunities for low -
income and moderate - income or elderly households by increasing the number of
rental units available within existing neighborhoods. Secondary dwelling units are
intended to provide livable housing at lower cost while providing greater security,
companionship and family support for the occupants.
17.21.020 Definitions.
For the purpose of this chapter, the following words and phrases have the meanings
given them in this section:
A. "Administrative use permit' is defined as defined by Chapter 17.58 of this code.
B. "Director" means the director of the community development department or his
designate.
C. "Nonconforming lot' is defined as defined by Chapter 17.12 of this code.
D. "Nonconforming use" is defined as defined by Chapter 17.10 of this code.
E. "Primary unit" means an existing single - family residential structure that conforms with
all zoning regulations in effect, including this chapter.
F. "Secondary dwelling unit' means an attached or detached dwelling unit which
provides complete independent living facilities for one or more persons and complies
with all provisions of this chapter. It shall include permanent provisions for living,
PACie 71
city of sAn Luis OBISPO
zonlnc, neclul.ations junE 2008
sleeping, eating, cooking and sanitation on the same parcel as the primary unit is
sited.
G. Studio means a one -room dwelling unit with not more than 450 square feet of gross
floor area as defined in Section 17.100.
17.21.030 General requirements.
A. Application. Where this chapter does not contain a particular type of standard or
procedure, conventional zoning standards and procedures shall apply.
B. Areas Where Secondary Dwelling Units Are Allowed. Upon meeting the
requirements of this section, secondary dwelling units 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 - family dwelling.
C. Areas Prohibited. Secondary dwelling units 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, and under no circumstances shall a secondary dwelling
unit be allowed, where in the opinion of the director, a resource deficiency exists as
defined by Chapter 2.44 of this code. Secondary dwelling units shall not be allowed
on non - conforming lots.
D. Owner Occupancy. Either the primary unit or secondary dwelling unit must be
owner - occupied as an owner's primary residence.
E. No Subdivision of Property. No subdivision of property shall be allowed where a
secondary dwelling 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 secondary dwelling unit has been
established.
F. Sale of Property. This section shall also apply to new owners of property where a
secondary dwelling 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 secondary dwelling unit may be attached, detached or located
within the living area of the primary unit on the lot.
H. Size of Secondary Dwelling Unit. The gross floor area of the secondary dwelling
unit shall not exceed four hundred fifty square feet and shall meet the definition of a
studio apartment as defined by Section 17.04.430. 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.
I. Secondary dwelling units are limited to 1 unit per qualifying property.
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city of San tuts OBISPO
junE 2008 zonmG Rcclutdtions
17.21.040 Performance standards.
A. Design Standards. Secondary dwelling units shall conform to all applicable zoning
regulations such as height, yards, parking, building coverage, etc., except for density
requirements as defined by Zoning Regulations.
1. Secondary dwelling units shall conform to all applicable building and construction
codes.
2. Nothing in this section prohibits applicants from requesting exceptions or
variances from the strict interpretation of Zoning Regulations to the extent allowed
by said regulations for any other use.
3. Secondary dwelling units shall be designed as to provide separate living
conditions and provide a safe and convenient environment for the occupants.
4. Secondary dwelling units shall also be architecturally and functionally compatible
with the primary unit. (Ord. 1004 - 1 (part), 1984; prior code - 9930) The new
structure shall incorporate the traditional architectural characteristics of existing
houses in the neighborhood, including window and door spacing, exterior
materials, and roof pitch and style.
5. The height of second units should be consistent with surrounding residential
structures. Unless adequate setbacks justify otherwise, secondary dwelling units
that result in two -story construction shall be setback from the first floor to allow for
solar access and reduced overlook.
6. Site planning: Secondary dwelling units should be located behind or above the
existing dwelling on the site. Designs that significantly alter the street appearance
of the existing residence shall be discouraged. The presence or design of the
secondary dwelling unit per se, will not justify granting development exceptions.
7. Private Open Space: A minimum of 250 square feet of private open space must
be provided for secondary dwelling units exclusive of a minimum of 250 square
feet to be provided for the primary residence on the property. Private open space
provided at ground level must have a minimum dimension in every direction of at
least 10 feet or 6 feet for spaces above ground level on an elevated deck or
balcony.
8. Significant alterations to landform (grading in excess of 300 cubic yards) or
removal of native trees or significant landscape trees shall be discouraged for the
placement of a secondary dwelling unit.
9. A landscape plan shall be required for new secondary dwelling units. A minimum
5 -foot wide landscape planter with screening shrubs shall separate parking areas
from adjacent properties. Landscape shrubs and trees shall be required for
areas between secondary unit and adjacent properties.
10. Parking: Secondary dwelling units that are 450 square feet or smaller shall
require 1 parking space, regardless of zoning district.
11. Alterations to designated historic properties or structures to allow new
construction of a secondary dwelling unit shall be reviewed by the Cultural
Heritage Committee for consistency with the Secretary of Interior Standards for
treatment of a historic property.
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city of san lids OBISPO
zonlnc, Reclutatlons junE 2008
17.21.50 Procedure requirements.
Prior to filing building plans with the City Building Division, the following shall be met:
A. Architectural Review Required. All requests shall be reviewed for consistency with
the City's Community Design Guidelines and architectural review ordinance. The
director shall determine, upon receiving complete application, whether the project
shall be forwarded to the Architectural Review Commission for review. All new
development projects within Historic Districts or within properties that contain
designated historic structures shall be referred to the Cultural Heritage Committee to
be reviewed for consistency with Secretary of Interior Standards for treatment of a
historic property.
B. Application Contents. All proposed secondary dwelling unit requests shall be by
formal application for a secondary dwelling unit. No additional application fees for
architectural review shall be required.
C. Additional Requirements.
1. Owners Agreement with the City. The owner shall enter into an agreement with
the city, on a form approved by the city attorney and community development
director, agreeing that the property will be owner - occupied. Upon approval of a
building permit, this agreement shall be recorded in the office of the county
recorder to provide constructive notice to all future owners of the property of the
use and owner occupancy restrictions affecting the property. If owner occupancy
is not possible, then the use will terminate, and the structure will be returned to its
original condition to the satisfaction of the director.
2. Property owners receiving approvals for secondary dwelling units and
establishing the use pursuant to this section shall also agree to reimburse the city
for costs of all necessary enforcement actions.
D. Appeal. Appeal procedures for this section shall be as provided by chapter 2.48.080
(Appeals - Architectural Review).-
17.21.060 Violations.
Violation of any of the provisions shall be basic code enforcement action.
pac,E 74
city of sAn lugs OBISPO
junE 2008 zoninc, izeclulAtlons
Chapter 17.22: USE REGULATION
Section:
17.22.010 Uses allowed by zones.
17.22.010 Uses allowed by zones.
A. Status of Uses. Uses within zones shall be as provided in Table 9, subject to parts B
through I below. In Table 9, symbols shall have these meanings:
A The use is allowed;
D If the director approves an administrative use permit as provided in Sections
17.58.020 through 17.58.080, the use may be established;
PC If the planning commission approves a use permit as provided in Sections
17.58.020 through 17.58.080, the use may be established;
A/D The use is allowed above the ground floor. If the director approves an
administrative use permit, it may be established on the ground floor.
Special notes affecting the status of uses, indicated by number in Table 9, may be
found at the end of the table.
B. Interpretation of Use Listing. These regulations are intended to permit similar types
of uses within each zone. The director, subject to the appeal procedures of Chapter
17.66, shall determine whether uses which are not listed shall be deemed allowed or
allowed subject to use permit approval in a certain zone. This interpretation procedure
shall not be used as a substitute for the amendment procedure as a means of adding
new types of uses to a zone.
C. Principal and Accessory Uses. Listed uses are principal uses. Accessory uses are
allowed with principal uses.
D. Production and Sales. Where manufacturing is allowed, incidental sale of items
made on the premises is allowed. When sale of a particular type of item is allowed,
craftsman -type production of such an item for sale on the premises is allowed.
E. Public School Uses. See Section 17.36.030 concerning uses which may be
established within public schools.
F. Prohibition of Drive - through Facilities. Drive - through facilities are not allowed in
any zone.
G. Prohibition of Vacation Rentals. Vacation rentals are not allowed in any zone.
H. Specific Plan Consistency. Some land subject to City zoning is also subject to one
of several Specific Plans, which are intended to provide additional direction for the
development of those areas. Land within Specific Plans, designated by the SP zoning,
may be subject to further restrictions. The list of uses and permit requirements in the
Specific Plan shall prevail.
I. Airport Land Use Plan Consistency. Some land subject to City zoning is also
subject to the Airport Land Use Plan, which is adopted and amended from time to
time by the San Luis Obispo County Airport Land Use Commission. The Airport Land
PAgC 75
city of sAn LUIS OBISpo
zonlnci izeclutdtions
junE 2008
Use Plan establishes additional limitations on uses, which do not apply to City -
adopted zones outside the area subject to the Airport Land Use Plan. Table 9 is to be
applied consistently with the Airport Land Use Plan on land subject to that plan.
Prohibited Uses. The following are examples of prohibited uses. The uses and
requirements of the Airport Land Use Plan shall prevail. No use shall be
established which:
a. Entails installation, construction, or enlargement of a structure that would
constitute an obstruction to air navigation, as defined in the Airport Land Use
Plan, except as may be approved by the Airport Land Use Commission and
the Federal Aviation Administration;
b. Entails a risk of physical injury to operators or occupants of aircraft (such as
outdoor laser light shows);
Causes smoke or vapors, lighting, illumination, or reflective glare, or an
electromagnetic disturbance that would interfere with aircraft navigation or
communication;
d. Attracts birds to the extent of creating a significant hazard of bird strikes
(examples are outdoor storage or disposal of food or grain, or large, artificial
water features; this provision is not intended to prevent enhancement or
protection of existing wetlands or the mitigation of wetlands impacts);
Is not allowed by the Airport Safety Areas and associated safety policies,
subject to modified provisions for the Margarita Specific Plan Area;
f. Is not allowed by the Airport Land Use Plan Noise Policies;
2. Notwithstanding section 17.22.010G. above, the provisions of this section are not
intended to supersede the provisions of Article 3.5 of the Public Utilities Code
commencing with section 21670.
3. Avigation easements will be recorded for all properties involved in the proposed
development.
4. All owners, potential purchasers, occupants (whether as owners or renters), and
potential occupants (whether as owners or renters) will receive full and accurate
disclosure concerning the noise, safety, or overflight impacts associated with
airport operations prior to entering any contractual obligation to purchase, lease,
rent, or otherwise occupy any property or properties within the airport area.
J. Right to Continue Existing Non - Residential Uses. Legal, conforming non-
residential uses shall have the right to continue operation, subject to compliance with
applicable Zoning Regulations when established prior to the development of housing
on adjacent or nearby sites. City approvals of housing developments adjacent to or
within 300 feet of such uses shall include a condition requiring written notice to new
home buyers and /or renters of possible characteristics associated with non - residential
uses, such as noise, odors, vibration, and lighting.
pace 76
city of sAn Luis OBlspo
junC 2008 zonmG 12cgjuLA onS
Area Not Subject to
Airport Land Use Plan
South St 94
4Sta Johnson Ave
Qa Southwood Dr
a
d� aao�o
CD r Orcult Rd
do 0
�^ 1
Area Subject to
Airport Land Use Plan pc
Tank Farm Rd
�a
GA
Air ort'
oV�r Buckley Rd
a
Airport Land Use Planning Area Boundary
pACiC 77
fCBI2UAQy 2007
TABLE 9 - USES ALLOWED BY ZONE
City Of sAn LUIS OBISPO
zoning REcuLAtions
L rid;
Perm i eau irement by Zoning Distract.
Specific use
Regulations
AG 'C /OS R1 R2 R3
R4.
PF O {1 j C -N C C C,b
C -R C T C S' M gp
AGRICULTURE
Crop production and grazing A A A A D D
Greenhouse, commercial PC PC —+�
Livestock feed lot PC PC �iL
INDUSTRY. MANUFACTURING & PROCESSING. WHOLESALING
Bakery, wholesale
D
PC
I PC
A
I A
A
A
A
PC
urn ture an u tures manufacturing, cabinet
shop
PC
PC
A
PC
PC
PCI
PC
PC
PC
D
A
Industrial research and development
PC
PC
A
A
A
PC
D
D
Laboratory - Medical, analytical, research,
testing
PC
A
A
A
A
A
A
Laundry, dry cleaning plant
PC
A
A
Vacation Rental I I
Manufacturing - Heavy
I
I
I 17.22.G
PC
PC
Manufacturing - Light
D
A
A
Petroleum product storage and distribution
D
Photo and film processing lab
A
A
Printing and publishing
A
A
A
Recycling facilities - Collection and processing
facility
D
Recycling facilities - Scrap and dismantling yard
D
Recycling facilities - Small collection facility
D
D
D
A
Storage - Personal storage facility
A
A
Storage yard
D
A
Warehousing, indoor storage
A
A
I
PC
Wholesaling and distribution
A
A
PC
LODGING
Bed and breakfast inn
D
PC
I PC
A
I A
A
Homeless shelter
PC
PC
A
PC
PC
PCI
PC
PC
PC
PC
PC
Hostel
PC
PC
A
A
A
Hotel, motel
A
A
A
PC
Recreational vehicle (RV) park accessory to hotel, motel
PC
Vacation Rental I I
I
I
I 17.22.G
Key: A = Allowed D = Director's Use Permit approval required PC = Planning Commission Use Permit approval required
AID = Director's approval on ground floor, allowed on second floor or above
Note: Footnotes affecting specific land uses follow the table.
PACIC 78
city Of san Luis OBISPO
zoninq RECiulatlons fCBRUa12y 2007
TABLE 9 - USES ALLOWED BY ZONE - Continued
Land Use
Permit Requirement by Zoning District
Specifk use
Reguiatfons
AG C /OS Ri R2 R3
R4 PF
O (1) C -N'
C -C
C D
C -R C •T C $ M gp
RECREATION, EDUCATION, & PUBLIC ASSEMBLY USES
Bar /tavem
PC
D
D
D
D
D
D
D
Chapter 17.20
Club, lodge, private meeting hall
A
A
A
A
D
D
A
A
A
D
AID
D
D
D
A
D
Commercial recreation facility - Indoor
PC
A
A
PC
D
D
D
D
D(12)
PC
D
17.08.060
Commercial recreation facility - Outdoor
PC
PC
PC
PC
Educational conferences
D
D
D
D
D
D
17.08.010.C.6
Fitness/health facility
H
H
H
H
H
H
D
H
A
D
D
PC
A
A
D
17.08.090
Golf Course
PC
i A
A
A
j A
j A
j 17.08.120
Library, museum
PC
A
D
D
D
D
A
PC
PC
17.08.072
Library, branch facility
A
A
A
A
A
A
A
D
D
D
D
Night club
A
A
A
A
D
D
D
D
D
D
Chapter 17.95
Off -site wine tasting room
A
A
A
A
D
A
A
A
A
A
A
Park, playground
D
D
A
A
A
A
D
D
A
A
A
D
Public assembly facility
A
A
A
A
A
PC
D
D
D
D
D
PC
Religious facility
PC
D
D
D
D
A
D
D
D
A
D(7)
D(7)
D(7)
School - Boarding school, elementary, middle,
secondary
A
A
A
PC
PC
D
A/D
A/D
D
School - College, university campus
A
A
A(2)
A
A
A
PC
A
D
D
School - College, university - Satellite
classroom facility
D
D
17.08.120
School - Elementary, middle, secondary
PC
PC
D
D
PC
D
School - Specialized education /training
PC
A/D
A/D
A
A
A
Special event
D
D
D
D
D
D
D
D
D
17.08.010
Sports and active recreation facility
PC
PC
PC
PC
Sports and entertainment assembly facility
PC
PC
Studio - Art, dance, martial arts, music, etc.
D
D
AID
A/D
A
PC
A
Theater
PC(8)
D
D
D
D
Chapter 17.95
Theater - Drive -in
I
I
I
I PC
PC
RESIDENTIAL USES
Boarding /rooming house, dormitory
PC
D
D
D
Chapter 17.20
Caretaker quarters
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
D
Convents and monasteries
PC
A
A
D
Fraternity, sorority
PC
PC
High occupancy residential use
D
D
Home occupation
H
H
H
H
H
H
H
H
H
H
H
H
H
H
17.08.090
Live/work units
i A
A
A
j A
j A
j 17.08.120
Mixed -use project
A
A
A
A
A
A
PC
PC
17.08.072
Mobile home as temporary residence at
building site
A
A
A
A
A
A
A
A
Mobile home park
A
A
A
A
Multi - family dwellings
A
A
A
A
D
D
Residential care facilities - 6 or fewer residents
A
A
A
A
A
A
A/D
AID
A/D
D
Residential care facilities - 7 or more residents
A
A
A
A
A
D
AID
AID
D
Residential hospice facility
PC
I PC
D
PC
PC
D
Rest home
A
A
A
I A
A
D
A/D
A/D
D
Single - family dwellings
A
A
A(2)
A
A
A
A
D
D
Work/live units
D
D
17.08.120
Key: A = Allowed D = Director's Use Permit approval required PC = Planning Commission Use Permit approval required
AID = Director's approval on ground Floor, allowed on second Floor or above H = Home Occupation Permit required
Note: Footnotes affecting specific land uses follow the table.
paC16 79
f CBPUdi2y 2007
TABLE 9 - USES ALLOWED BY ZONE - Continued
City Of San LUIS OBISPO
zoninc, i2CCrUt.dtions
Land Use
Permit Requirement by Zoning District
Specific use
Regulations
AG Ii OS R1 R2 '.R3
Rd;
PF O (1) C -N
C -C C-D
C -R C T
CS' M :BP]:
RETAIL SALES
Auto and vehicle sales and rental
D
A
PC
Auto parts sales, with installation
D(5)
A
A
Auto parts sales, without installation
A
D
A
A
A
Bakery, retail
A
A
A
A
A
D
D
Building and landscape materials sales, indoor
A
A
A
A
A
Building and landscape materials sales, outoor
D
D
A
A
A
Construction and heavy equipment sales and
rental
Convenience store
D
D
D
A
A
A
A
k4AkD
D
17.08.095
Extended hour retail
D
D
D
D
D
Farm supply and feed store
PC
Fuel dealer (propane, etc)
D
A
Furniture, furnishings, and appliance stores
A
A
A
A
General retail - 2,000 sf or less
A(3)
A
A
A
A
General retail - More than 2,000 sf, up to
15,000 sf
D(3)
D
A
A
General retail - More than 15,000 sf, up to
45,000 sf
D
A
A
D
General retail - More than 45,000 sf, up to
60,000 sf
D
A
A
General retail - More than 60,000 sf, up to
140,000 sf
PC
PC
PC
Groceries, liquor, specialty foods
A(10)
A
A
A
PC
Mobile home, RV, and boat sales
A
PC
Office- supporting retail, 2,000 sf or less
A
A
A
A
A
D
Office- supporting retail, More than 2,000, up to
5,000 sf
D
D
A
A
F1
D
Outdoor temporary and /or seasonal sales
See Section 17.08.020
17.08.020
Produce stand
D
D
A
A
A
A
Restaurant
A
A
A
A
A
D
D
Service station (see also "vehicle services ")
D
D
D
D
I A
17.08.030
Vending machine
See Section 17.08.020
17.08.020
Warehouse stores - 45,000 sf or less gfa
D
D
D
Warehouse stores - more than 45,000 sf gfa
PC
PC
PC
Key: A = Allowed D = Director's Use Permit approval required PC = Planning Commission Use Permit approval required
A/D = Directors approval on ground floor, allowed on second floor or above
Note: Footnotes affecting specific land uses follow the table.
pac,C 80
city of san LUis oBispo
Zoninc Requl.Atlons
TABLE 9 - USES ALLOWED BY ZONE - Continued
fCBIQUA zy 2007
land Woe
Permit Req i eiment by Zoning District
Specific use
Reguiati 6 n
AG' C /pS R1
R2 iR3 R4!
PF
0;(1) C -N
C•C
C D C R !C -T CS M gp
SERVICES - BUSINESS. FINANCIAL & PROFESSIONAI
ATMs
A
A
A
A
A
A
A
A
A
Banks and financial services
PC
PC
PC
PC
PC
PC
A
A
A
A
PC
D(4)
D(4)
D
Business support services
A
A
A
A/D
A
A
A
A
Medical service - Clinic, laboratory, urgent care
D(9)
D(9)
D(9)
D(9)
D(9)
D
A
D
D
A
D(9)
D(11)
D(9)
D(11)
17.08.100
Medical service - Doctor office
A
A
A
A
A
A
A
A
A/D
AID
A
A
D(11)
D(11)
17.08.100
Medical service - Extended care
PC
PC
D
PC
PC
D
A
A
D
Medical service - Hospital
PC
PC
D
D
Convalescent hospital
PC
PC
PC
PC
PC
PC
PC
PC
PC
17.01.110
Office - Accessory
A
A
A
A
A
A
A
A
PC
Office - Business and service
D
A
A
A/D
A
D
D
Office - Government
D
PC
A
A
A
A
D
A
P
Office - Processing
D
D
D
D(4)
D(4)
A
Office - Production and administrative
PC
A
A/D
A/D
A
D(4)
D(4)
A
Office - Professional
PC
A
I A/D
A/D
A
A
A
D
17.08.080
Office - Temporary
See Section 17.08.010.0
Photographer, photographic studio
I I I A I AID A PC A
SERVICES - GENERAL
Catering service
D
D
A
D
A
A
Cemetery, mausoleum, columbarium
PC
PC
PC
PC
PC
PC
PC
PC
PC
PC
Copying and Quick Printer Service
A
A
A
A
A
A
A
A
Day care - Day care center(child /adult)
D(9)
D(9)
D(9)
D(9)
D(9)
A
A
A
A/D
A
D(9)
D(9)
D(9)
D
17.08.100
Day care - Family day care home (small/large)
A
A
A
A
A
A
A
A
A
A
A
A
17.08.100
Equipment rental
A
A
D
Food bank/packaged food distribution center
D
D
Homeless shelter
PC
PC
PC
PC
PC
PC
PC
PC
17.01.110
Maintenance service, client site services
A
A
PC
Mortuary, funeral home
D
D
A
D
Personal services
A
A
A
A
D
A
D
Personal services - Restricted
D
D
Public safety facilities
PC
PC
Public utility facilities
PC
A
A
17.08.080
Repair service - Equipment, large appliances,
etc.
A
A
D
Residential Support Services
A
A
A
A
Social service organization
D
A
A
A
A
D
Vehicle services - Repair and maintenance -
Major
A
A
D
Vehicle services - Repair and maintenance -
Minor
PC
D
A
A
D
Vehicle services - Carwash
D
D
PC
D
D
Veterinary clinic /hospital, boarding, large animal
PC
PC
D
D
Veterinary clinic /hospital, boarding, small
animal, indoor
D
D
A
AID
A
A
Veterinary clinic/hospital, oa ing, small
animal, outdoor
D
Key: A= Allowed D = Directors Use Permit approval required PC = Planning Commission Use Permit approval required
A/D = Director's approval on ground floor, allowed on second floor or above
Note: Footnotes affecting specific land uses follow the table.
pace 81
fCBRUARy 2007
TABLE 9 - USES ALLOWED BY ZONE - Continued
City Of SAn Luis OBISpo
zonlnc REC,utations
Land Use
Permit Requirement by Zoning District
Specific use'
Regulations
AG C /OS R1 R2
'R3 R4
FF.
O (1}
C -N
C C C -D
C•R C -T
gp
TRANSPORTATION & COMMUNICATIONS
Airport
PC
PC
PC
D
Ambulance, taxi, and /or limousine dispatch
facility
A
D
D
Antennas and telecommunications facilities
D
D
D
D
D
D
D
D
D
D
D
17.16.120
Media Production - Broadcast studio
A
AID
A
A
A
A
Media Production - Backlots /outdoor facilities
and soundstages
D
D
D
Heliport
PC
PC
PC
Parking facility
PC(6)
PC(6)
PC(6)
D(6)
D(6)
D(6)
Parking facility - Mufti -level
PC(6)
PC(6)
PC(6)
PC(6)
PC(6)
PC(6)
Parking facility - Temporary
PC
D
D
D
D
D
D
D
D
17.08.010
Railroad facilities
D
A
Transit station or terminal
PC
PC
PC
D
A
Transit stop
A
A
A
A
A
A
A
A
Truck or freight terminal
A
A
I D
Water and wastewater treatment plants and
services
PC
PC
Key: A = Allowed D = Director's Use Permit approval required PC = Planning Commission Use Permit approval required
A/D = Director's approval on ground floor, allowed on second floor or above
Note: Footnotes affecting speck land uses follow the table.
pAC,C 82
MY Of San tuts OBISPO
June 2008 zonlng, nequLations
Notes to Table 9:
1. O zone - All uses. A Use Permit is required for the conversion of residential
structures to non - residential uses. In order to approve a Use Permit, the Director
shall first find that:
a. The location, orientation, height, and mass of new structures will not significantly
affect privacy in nearby residential areas; and
b. The project location or access arrangements will not significantly direct traffic to
local streets in nearby residential areas; and
c. The project includes landscaping and yards that adequately separate parking and
pedestrian circulation areas from sites in nearby residential areas.
2. R -1 zone - Multiple dwellings. Except for condominiums, the construction of more
than one dwelling on a parcel in the R -1 zone requires Administrative Use Permit
approval. R -1 density standards apply.
3. C -N zone - Limitations on floor area. A general retail use in the C -N zone shall not
exceed a gross floor area of 2,000 square feet for each establishment, or a combined
floor area of all general retail establishments within a shopping center of 25 percent of
the total floor area in a shopping center with a gross floor area of 15,000 square feet
or more; and shall not exceed 50 percent of the total floor area in a shopping center
with a gross floor area of less than 15,000 square feet. The Administrative Use
Permit may provide for exceptions to the floor area limitations above. For general
retail uses with a floor area greater than 2,000 square feet on a parcel not located
within a shopping center, an Administrative Use Permit shall be required to insure
consistency with policies of the General Plan Land Use Element and compatibility with
surrounding uses.
4. C -S and M zones - Required findings for offices. The approval of an office facility
in the C -S or M zone shall require that the review authority first find that:
a. The project will be compatible with existing and allowed land uses in the area;
b. The project location or access arrangements will not significantly direct traffic to
use local or collector streets in residential zones:
c. The project will provide adequate mitigation to address potential impacts related
to noise, light and glare, and loss of privacy, among others, imposed by
commercial activities on nearby residential areas, by using methods such as
setbacks, landscaping, berming and fencing;
d. The project will not preclude industrial or service commercial uses in areas
especially suited for these uses when compared with offices; and
e. The project will not create a shortage of C -S- or M -zoned land available for
service commercial or industrial development.
5. C -R zone - Auto sound system installation. Auto sound installation services may
be approved only as an accessory use to the retail sales of auto sound systems on
the same site. Use Permit review shall consider parking space displacement, noise
from the operation, and the appearance and visibility of the installation area.
6. Parking as a principal use. Use Permit approval may include deviations to
otherwise applicable setback requirements and building height limits. A multi -level
pace 83
City Of SAn Luis OBISPO
zonlnc necluLations junE 2008
parking facility shall require the approval of a Use Permit by the Planning
Commission.
7. Religious facilities.
a. C -S zone requirements. Use Permit review shall consider that the C -S zone is
primarily intended to accommodate uses not generally suited to other commercial
zones because of noise, truck traffic, visual impacts and similar factors. A Use
Permit may be approved only when the religious facility will not likely cause
unreasonable compatibility problems with existing or likely future service
commercial uses in the vicinity. Use Permit conditions may include measures to
mitigate incompatibility.
b. C -T and M zone requirements. A religious facility use may be allowed only
inside an existing building.
PF zone - Theaters. Only non - profit theaters are permitted.
9. Day care centers. Allowed by right where accessory to a church or school, or where
an employer provides on -site child care to 14 or fewer children for the exclusive
benefit of employees, providing the primary use meets City parking standards.
10. Groceries, Liquor, Specialty Foods in the CN Zone. In the C -N zone, grocery,
liquor and specialty food stores under 3,000 square feet are allowed. Such uses with
a gross floor area between 3,000 and 5,000 square feet are allowed with the approval
of an Administrative Use Permit. Stores between 5,000 and 10,000 square feet, may
be approved by Planning Commission Use Permit. In order for a use permit to be
approved by the Hearing Officer or by the Planning Commission, the deciding body
must find that the proposed use is compatible with surrounding uses and the
surrounding neighborhood, and that the use is consistent with the purpose and intent
of the Neighborhood Commercial designation as discussed in the General Plan.
11. In order to approve a Medical Service use in the C -S or BP zones, the Hearing
Officer must make the following findings:
a) The proposed medical service is compatible with surrounding land uses.
b) The proposed medical service is located along a street designated as an arterial
or commercial collector in the Circulation Element and has convenient access
to public transportation.
c) The proposed medical service will not significantly increase traffic or create
parking impacts in residential neighborhoods.
d) The proposed medical service is consistent with the Airport Land Use Plan.
e) The project will not preclude service commercial uses in areas especially suited
for these uses when compared with medical services.
f) The project site can accommodate the parking requirements of the proposed
medical service and will not result in other lease spaces being under - utilized
because of a lack of available parking.
12. C -S zone - Required findings for Indoor Commercial Recreational Facilities.
Commercial indoor recreational uses in the C -S zone shall not include less than
10,000 square feet gross floor area per establishment. The approval of an indoor
pacE 84
city of san WIS OBISpo
june 2008 zoninc, Requlations
commercial recreational facility in the C -S zone shall require that the review authority
first find that:
a) The proposed use will serve the community, in whole or in significant part, and
the nature of the use requires a larger size in order to function;
b) The project will be compatible with existing and allowed land uses in the area;
c) The project location or access arrangements will not significantly direct traffic to
use local or collector streets in residential zones;
d) The project will not preclude industrial or service commercial uses in areas
especially suited for these uses when compared with recreational facilities; and
e) The project will not create a shortage of C -S -zoned land available for service
commercial development.
PACE 85
city of sAn Luis OBISpo
zonlnc, Requl.Ations jun6 2008
Chapter 17.24: LOW - DENSITY RESIDENTIAL (R -1) ZONE
Sections:
17.24.010 Purpose and application.
17.24.020 Property development standards.
17.24.010 Purpose and application.
The R -1 zone is intended primarily to provide housing opportunities for people who want
private open space associated with individual dwellings. It is intended to preserve existing
single - family neighborhoods, provide for compatible infill development in such areas, and
prescribe the overall character of newly subdivided low- density areas. This zone shall be
applied to areas designated "low- density residential" on the general plan map. (Ord. 941 -
1 (part), 1982: prior code - 9203.1(A))
17.24.020 Property development standards.
The property development standards for the R -1 zone are as follows:
A. Maximum density: Seven density units per net acre (see also Section 17.16.010).
B. Yards: See Section 17.16.020.
C. Maximum height: 25 feet; up to 35 feet if the Director approves an administrative use
permit. (See also Section 17.16.020 and Section 17.16.040.)
D. Maximum coverage: 40% (see also Section 17.16.030).
E. Standard Lot Dimensions:
Minimum lot area: 6,000 square feet
Minimum lot width: 50 feet
Minimum lot depth: 90 feet
Minimum street frontage: 20 feet
F. Parking requirements: See Section 17.16.060. (Ord. 941 - 1 (part), 1982: prior code
- 9203.1(6))
pAgC 86
city of San IUIS OBISPO
junE 2008 zonlnc 12cculdtions
Chapter 17.26: MEDIUM - DENSITY RESIDENTIAL (R -2) ZONE
Sections:
17.26.010 Purpose and application.
17.26.020 Property development standards.
17.26.010 Purpose and application.
The R -2 zone is intended to provide housing opportunities for people who want compact
residences close to commercial and public services. These areas will usually lie between
zones of higher and lower residential density and /or adjacent to office (0) zones or
neighborhood commercial (C -N) zones. This zone will be applied to areas designated
"medium- density residential" on the general plan map. (Ord. 941 - 1 (part), 1982: prior
code - 9203.2(A))
17.26.020 Property development standards.
The property development standards for the R -2 zone are as follows:
A. Maximum density: 12 density units per net acre (see also Section 17.16.010).
B. Yards: See Section 17.16.020.
C. Maximum height: 35 feet (see also Sections 17.16.020 and 17.16.040).
D. Maximum coverage: 50% (see also Section 17.16.030).
E. Standard Lot Dimensions:
Minimum lot area: 5,000 square feet
Minimum lot width: 50 feet
Minimum lot depth: 80 feet
Minimum street frontage: 20 feet
F. Parking requirements: See Section 17.16.060. (Ord. 941 - 1 (part), 1982: prior code
- 9203.2(B))
pace 87
city Of sAn Luis OBISPO
zonlnc, neg4uldtions JunE 2008
Chapter 17.28: MEDIUM -HIGH DENSITY RESIDENTIAL
(R -3) ZONE
Sections:
17.28.010 Purpose and application.
17.28.020 Property development standards.
17.28.010 Purpose and application.
The R -3 zone is intended primarily to provide housing opportunities for smaller
households desiring little private open space and to provide various types of group
housing. These areas are generally close to commercial and public facilities serving the
whole community and generally committed to this type of development. This zone will be
applied to areas designated "medium- high- density residential" on the general plan map.
(Ord. 941 - 1 (part), 1982: prior code - 9203.3(A))
17.28.020 Property development standards.
The property development standards for the R -3 zone are as follows:
A. Maximum density: 18 density units per net acre (see also Section 17.16.010).
B. Yards: See Section 17.16.020.
C. Maximum height: 35 feet (see also Sections 17.16.020 and 17.16.040).
D. Maximum coverage: 60% (see also Section 17.16.030).
E. Standard Lot Dimensions:
Minimum lot area: 5,000 square feet
Minimum lot width: 50 feet
Minimum lot depth: 80 feet
Minimum street frontage: 20 feet
F. Parking requirements: See Section 17.16.060. (Ord. 941 - 1 (part), 1982: prior code
- 9203.3(B))
pac,E 88
City Of San tuts OBISPO
,tune 2008 zoning nequtations
Chapter 17.30: HIGH - DENSITY RESIDENTIAL (R -4) ZONE
Sections:
17.30.010 Purpose and application.
17.30.020 Property development standards.
17.30.010 Purpose and application.
The R -4 zone is intended to provide housing opportunities for smaller households desiring
little private open space and to provide various types of group housing. It is further
intended to allow for concentrations of housing close to concentrations of employment
and college enrollment, in areas largely committed to high- density residential
development. It will be applied to areas designated "high- density residential' on the
general plan map. Ord. 941 - 1 (part), 1982: prior code - 9203.4(A))
17.30.020 Property development standards.
The property development standards for the R -4 zone are as follows:
A. Maximum density: 24 density units per net acre (see also Section 17.16.010).
B. Yards: See Section 17.16.020.
C. Maximum height: 35 feet (see also Sections 7.16.020 and 17.16.040).
D. Maximum coverage: 60% (see also Section 17.16.030).
E. Standard Lot Dimensions:
Minimum lot area: 5,000 square feet
Minimum lot width: 50 feet
Minimum lot depth: 80 feet
Minimum street frontage: 20 feet
F. Parking requirements: See Section 17.16.060. (Ord. 941 - 1 (part), 1982: prior code
- 9203.4(B))
pace 89
city of San Luis OBIS}PO
zonlnc, Reclutations JunE 2008
Chapter 17.32: CONSERVATION / OPEN SPACE (C /OS) ZONE
Sections:
17.32.010 Purpose and application.
17.32.020 Property development standards.
17.32.010 Purpose and application.
A. The C /OS zone generally will be applied to areas which are most suitable for open
space uses because of topography, geology, vegetation, soils, wildlife habitat, scenic
prominence, agricultural value or flood hazard.
B. The C /OS zone is intended to prevent exposure of urban development to
unacceptable risks posed by natural hazards and to protect natural resources from
disruptive alterations. To these ends, it is further intended to prevent the subdivision
of such lands.
C. It will be applied as a permanent zone to areas designated 'open space" or "park" on
the general plan map. It may also be applied to areas designated "interim open
space" where development is contingent on prerequisites identified in the general
plan text. (Ord. 941 - 1(part), 1982: prior code - 9203.5(A))
17.32.020 Property development standards.
The property development standards for the C /OS zone are as follows:
A. Maximum density: One dwelling per five or more acres, as indicated in the zone
designation.
B. Minimum parcel size: Five or more acres, as noted in the number that is part of the
zone designation (C /OS -40 requires forty acres).
C. Minimum street yard: 20 feet.
D. Minimum other yards: 20 feet.
E. Maximum height: 35 feet.
F. Standard Lot Dimensions:
Minimum lot area: 5 acres or more as required by zone
Minimum lot width: 200 feet
Minimum lot depth: 200 feet
Minimum street frontage: 20 feet
F. Maximum pavement and building area: Buildings and paved surfaces, such as
parking and roads, shall not exceed five percent of site area for a parcel smaller than
10 acres or three percent of site area for a parcel 10 acres or larger. (Ord. 1365
(200 Series) (Part))
pac,E 90
city of san Luis OBISPO
JunE Zoos zonlnc, REGuIdtions
Chapter 17.33: AGRICULTURAL (AG) ZONE
Sections:
17.33.010 Purpose and application.
17.33.020 Property development standards.
17.33.010 Purpose and application.
The AG zone is intended to encourage conservation of agricultural lands and continuation
of agricultural uses and keeping of livestock where compatible with urban development. It
will be applied to areas designated on the general plan map as "conservation /open space"
and "interim open space" where there has been a history of agricultural cultivation and
keeping of livestock.
17.33.020 Property development standards.
The property development standards for the AG zone are as follows:
A. Maximum density: One dwelling per 20 acres, except that each legal lot of record
may have one dwelling.
B. Minimum parcel size: Five acres, or more as designated in the zone suffix (AG -20
requires a minimum parcel size of 20 acres)
C. Minimum street yard: 20 feet.
D. Minimum other yards: 20 feet.
E. Maximum height: 35 feet.
F. Maximum pavement and building area: Buildings and paved surfaces, such as
parking and roads, shall not exceed five percent of site area for a parcel smaller than
10 acres or thee percent of site area for a parcel 10 acres or larger.
G. Parking requirements: See Section 17.16.060. (Ord. 1365 (200 Series) (Part))
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Chapter 17.34: OFFICE (0) ZONE
Sections:
17.34.010 Purpose and application.
17.34.020 Property development standards.
17.34.010 Purpose and application.
The O zone is intended to provide for offices and related functions close to medical
facilities and the downtown, convenient to public transportation and related government
and business services. The O zone is also intended to provide for the continuation and
development of residential uses where they will be compatible with neighboring offices.
The O zone implements and is consistent with the Office land use category of the General
Plan.
17.34.020 Property development standards.
The property development standards for the O zone are as follows:
A. Maximum density: 12 density units per net acre (see also Section 17.16.010).
B. Yards: See Section 17.16.020.
C. Maximum height: 25 feet; 35 feet with the approval of an administrative use permit in
compliance with Section 17.22.010, Table 9, Footnote 11 (Also see Sections
17.16.020 and 17.16.040.)
D. Maximum coverage: 60% (see also Section 17.16.030)
E. Maximum floor area ratio: the ratio of gross building floor area to site area shall not
exceed 1.5. (Ord. 1365 (200 Series) (Part))
F. Standard Lot Dimensions:
Minimum lot area: 5,000 square feet
Minimum lot width: 50 feet
Minimum lot depth: 80 feet
Minimum street frontage: 20 feet
F. Parking requirements: See Section 17.16.060. (Ord. 1088 - 1 Ex. A(4), 1987; Ord.
941 - 1 (part), 1982: prior code - 9203.6(B))
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Chapter 17.36: PUBLIC FACILITY (PF) ZONE
Sections:
17.36.010 Purpose and application.
17.36.020 Property development standards.
17.36.030 Public school tenant uses.
17.36.010 Purpose and application.
A. The PF zone is intended to provide for the wide range of public uses likely to be
located on public property. Public uses are those conducted by governmental or
nonprofit agencies. However, this zone will also provide for complementary private
and commercial uses which, within the overall guidance of the general plan, provide a
public benefit.
B. The zone is further intended to protect neighboring private uses from potentially
incompatible public uses. It will be applied to areas designated "public " and "park" on
the general plan map. (Ord. 1016 - 1 (part), 1984: Ord. 941 - 1 (part), 1982: prior
code - 9203.7(A))
17.36.020 Property development standards.
The property development standards for the PF zone are as follows:
A. Yards: See Section 17.16.020.
B. Maximum height: 35 feet (see also Sections 17.16.020 and 17.16.040).
C. Maximum coverage: 60% (see also Section 17.16.030).
D. Maximum floor area ratio: the ratio of gross building floor area to site area shall not
exceed:
• for a parcel adjacent to a C -C zone: 2.0;
• for a parcel not adjacent to a C -C zone: 1.0
(Ord. 1365 (200 Series) (Part))
E. Standard Lot Dimensions:
Minimum lot area: 6,000 square feet
Minimum lot width: 60 feet
Minimum lot depth: 90 feet
Minimum street frontage: 40 feet
F. Parking requirements: See Section 17.16.060. (Ord. 1016 - 1 (part), 1984: Ord. 941
- 1 (part), 1982: prior code - 9203.7(B))
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17.36.030 Public school tenant uses.
A. Purpose, Scope and Duration. In order to allow more complete use of space made
available by declining enrollment, certain commercial activities may be established in
the public schools in addition to the uses listed in Table 9 (Section 17.22.010) of
these regulations. Notwithstanding any other provisions of these regulations to the
contrary and in conformance with the general plan, the following provisions shall apply
to such uses. The Director may act to extend all temporary permits, regardless of the
type of permit.
B. Uses Allowed by Public School Tenant Permit. The Director approves public
school tenant permits subject to the standards in subsection F of this section. The
Director may establish conditions to further the intent of this section. A public notice
shall be posted at the site of each proposed school tenant use. If anyone informs the
Community Development Department of a question or objection concerning the
proposed school tenant use, that cannot be resolved by staff to the satisfaction of the
complainant, within five days of the posting, the Director shall schedule a hearing for
the application as provided for administrative use permits. If no questions or
objections are received by the Community Development Department that cannot be
resolved, the Director may issue the permit upon submission of all required
information and without further notice or public hearing. The following uses may be
established by school tenant permits within public schools in the PF zone:
1. Public and private educational programs different from those normally conducted
at the school, such as full -time, adult programs at an elementary school, or
professional, vocational or recreational classes;
2. Storage of furnishings and records;
3. Telephone answering or paging service;
4. Stenographic, court reporting, typing, graphic design, editing and translating
services;
5. Child day care.
C. Uses Allowed with Administrative Approval. If the Director approves an
administrative use permit, as provided in Sections 17.58.020 through 17.58.080,
subject to the standards in subsection F of this section, the following uses may be
established within public schools in the PF zone:
1. Office — Business and service;
2. Government agency administrative offices with infrequent visitation;
3. Social service organizations;
4. Studio —Art, dance, martial arts, music, etc.;
5. Office for equipment sales or repair, excluding on -site sales or vehicle repair;
6. Clothing repair or alteration and repair of small appliances, watches, musical
instruments and similar items.
7. Processing offices;
8. Maintenance service, client site services.
D. Uses Allowed with Planning Commission Approval. If the Planning Commission
approves a use permit, as provided in Section 17.58.080, subject to the standards in
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subsection F of this section, the following uses may be established within public
schools in the PF zone:
1. Business support services;
2. Library, museum.
E. Other Uses Allowed. Other uses may be allowed, or allowed with administrative or
Planning Commission approval. The Community Development Director must
determine that the use is similar in character and impacts on its surroundings to one
of those listed in subsections B, C or D of this section.
F. Standards. The following standards shall be conditions of approval for all types of
permits. Whether these standards can reasonably be met shall be considered when
deciding if a use permit should be approved for a specific use in a specific location:
1. Parking as required by Section 17.16.060 shall be provided;
2. There will be adequate space for the function itself and supporting activities such
as parking, in addition to all other activities previously established at the school;
3. The use will not require structural changes to the school building, inconsistent
with future school use of the building, unless there is written guarantee the
building will be restored for school use upon termination of the lease or permit;
4. There will be minimal customer, client or delivery traffic;
5. Clients or customers shall not visit the leased space between 11:00 p.m. and
7:00 a.m.;
6. There will be minimal employee activity at night and on weekends;
7. Activities shall be conducted entirely within the school building or on established
playing fields and shall not alter the appearance of the building or the playing
fields, except as provided in standard 3 of this subsection;
8. No vehicle larger than a three - quarter -ton truck may be used by the tenant at the
lease site;
9. Activities conducted and materials or equipment used shall not change the
fire - safety or occupancy classifications of the premises until a building permit has
been issued and the necessary improvements installed;
10. No use shall cause noise, dust, vibration, offensive smell, smoke, glare or
electrical interference, or other hazard or nuisance;
11. All uses must meet Fire Department standards for access, hydrant locations, and
fire flow prior to occupancy, (Ord. 1016 - 1 (part), 1984: Ord. 941 - 1 (part), 1982:
prior code - 9203.7(C))
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Chapter 17.38: NEIGHBORHOOD COMMERCIAL (C -N) ZONE
Sections:
17.38.010 Purpose and application.
17.38.020 Property development standards.
17.38.010 Purpose and application.
The C -N zone is intended to provide for retail sales and personal services primarily for the
convenience of surrounding residential areas, in small - scale, pedestrian- oriented
developments. Individual, small -scale retail establishments should provide several types
of merchandise (as in the example of a neighborhood market providing groceries,
household items, magazines, etc.), as opposed to a business offering a wide selection of
a single type of merchandise '(for example, shoes, books, etc.). The C -N zone
implements and is consistent with the Neighborhood Commercial land use category of the
General Plan.
17.38.020 Property development standards.
The property development standards for the C -N zone are as follows:
A. Maximum density: 12 density units per net acre (see Section 17.16.010).
B. Yards: See Section 17.16.020.
C. Maximum height: 35 feet (see also Sections 17.16.020 and 17.16.040).
D. Maximum coverage: 75% (see also Section 17.16.030).
E. Maximum floor area ratio: the ratio of gross building floor area to site area shall not
exceed 2.0. (Ord. 1365 (200 Series) (Part))
F. Standard Lot Dimensions:
Minimum lot area: 6,000 square feet
Minimum lot width: 60 feet
Minimum lot depth: 90 feet
Minimum street frontage: 40 feet
G. Parking requirements: See Section 17.16.060.(Ord. 941 - 1 (part), 1982: prior code -
9203.8(B))
H. Maximum Building Size: No retail establishment (commercial building) shall exceed
45,000 square feet of total gross floor area, unless excepted by Section 17.16.035.
(Ord. 1405 — 2001 Series)
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Chapter 17.40: RETAIL - COMMERCIAL (C -R) ZONE
Sections:
17.40.010 Purpose and application.
17.40.020 Property development standards.
17.40.010 Purpose and application.
The C -R zone is intended to provide for a wide range of retail sales, business, personal,
and professional services, as well as recreation, entertainment, transient lodging, and
some residential uses. The land uses allowed in this zone will generally serve the entire
community and the region, as well as tourists and travelers. The .0 -R zone implements
and is consistent with the General Retail land use category of the General Plan, and is
intended to be applied primarily to areas with more public exposure on arterial streets
than those reserved for manufacturing.
17.40.020 Property development standards.
The property development standards for the C -R zone are as follows:
A. Maximum density: 36 density units per net acre for all dwellings, including dwelling
units in hotels and motels, but not including other hotel or motel units (see also
Section 17.16.010).
B. Maximum street and other yards: See Section 17.16.020.
C. Maximum height: 45 feet (see also Section 17.16.020 and 17.16.040).
D. Maximum coverage: 100 %.
E. Maximum floor area ratio: the ratio of gross building floor area to site area shall not
exceed 3.0, except that in the downtown as mapped in the General Plan Land Use
Element, a site which receives transfer of development credit for open space
protection shall have a ratio not to exceed 4.0. (Ord. 1365 (200 Series) (Part))
F. Standard Lot Dimensions:
Minimum lot area: 9,000 square feet
Minimum lot width: 60 feet
Minimum lot depth: 100 feet
Minimum street frontage: 40 feet
G. Parking requirements: See Section 17.16.060. (Ord. 1006 - 1 (part), 1984: Ord. 941
- 1 (part), 1982: prior code - 9203.9(B))
H. Maximum Building Size: No retail establishment (commercial building) shall exceed
60,000 square feet of gross. floor area, unless excepted by subsection "H" and
Section 17.16.035.
A retail establishment may be allowed up to 140,000 square feet of gross floor area, if
the Planning Commission determines that it meets the following standards:
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1. The proposed use will serve the community, in whole or in significant part, and
the nature of the use requires a larger size in order to function.
2. The building in which the use is to be located is designed in discrete - elements
that respect the scale of development in the surrounding area.
3. The new building is designed in compliance with the City's Design Guidelines for
Large -Scale Retail Projects. (Ord. 1405 — 2001 Series)
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CHAPTER 17.41: COMMUNITY COMMERCIAL (C -C) ZONE
Sections:
17.41.010 - Purpose and Application
17.41.020 - Property Development Standards
17.41.010 Purpose and Application
The CC zone is intended to provide for a wide range of retail sales and personal services
within the context of distinctive, pedestrian- oriented shopping centers that serve
customers and clients from all over the City. The C -C zone implements and is consistent
with the Community Commercial land use category of the General Plan.
17.41.020 - Property Development Standards
The property development standards for the C -C zone are as follows:
A. Maximum density: 36 density units per net acre (see Section 17.16.010).
B. Yards: See Section 17.16.020.
C. Maximum height: 35 feet (see also Sections 17.16.020 and 17.16.040).
D. Maximum coverage: 75 percent (see also Section 17.16.030).
E. Maximum floor area ratio: The ratio of gross floor area to site area shall not exceed
2.0.
F. Standard Lot Dimensions:
Minimum lot area: 6,000 square feet
Minimum lot width: 60 feet
Minimum lot depth: 90 feet
Minimum street frontage: 40 feet
G. Parking requirements: See Section 17.16.060.
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Chapter 17.42: DOWNTOWN - COMMERCIAL (C -D) ZONE
Sections:
17.42.010 Purpose and application.
17.42.020 Property development standards.
17.42.010 Purpose and application.
The C -D zone is intended to provide for a wide range of retail sales, service, and
entertainment uses meeting community -wide and regional market demands and a variety
of housing types including affordable workforce housing. The C -D zone is intended to be
applied within the City's pedestrian- oriented central business district, where the historical
pattern of development creates limitations on building form and the ability for individual
businesses to provide on -site parking. Ground floor, street - fronting uses are intended to
be generally limited to those that attract frequent pedestrian traffic. The C -D zone is
intended to maintain, enhance, and extend the desirable characteristics of the downtown,
and also to accommodate carefully integrated new development. The C -D zone is
consistent with and implements the General Retail land use category of the General Plan.
17.42.020 Property development standards.
The property development standards for the C -D zone are as follows:
A. Maximum density: 36 density units per acre, including dwelling units in hotels and
motels, but not including other hotel or motel units (see also Section 17.16.010).
B. Yards: See Section 17.16.020.
C. Maximum height: 50 feet (see also Sections 17.16.020 and 17.16.040). Additional
building height up to 75 feet may be approved as provided under 17.42.020.C.1 and
C.2 and C.3 below.
1. Performance Standards for Buildings Taller Than 50 Feet (All Required).
a. The project must include housing at a minimum residential density unit value
of 24 units per acre. The average floor area of dwellings within the project
shall be 1,200 square feet or less. (Group housing projects must show that
the proposed building meets or exceeds the population density that would
otherwise be achieved by this standard.)
b. For projects on sloping sites, the height limit on the downhill portion of the site
shall be defined by a line 75 feet above the average between the highest and
lowest points of the site grade prior to development, and 75 feet above the
lowest point.
c. The applicant shall demonstrate that the project will exceed Title 24 California
Energy Efficiency Requirements by a minimum of 15 %; or
The project is designed to achieve at least a Silver rating on the LEED -CS or
NC checklist (or equivalent measure) (LEED Certification is not required but
is encouraged); or
The project is designed to achieve a minimum value of 50 points on the SLO
Green Build Multi - Family GreenPoint Checklist.
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d. No more than 33% of the site area at the storefront level may be used for
private parking facilities.
e. Lots shall conform to the minimum size and dimension requirements
provided in the Subdivision Regulations.
f. The Planning Commission may grant minor exceptions to the specific
requirements listed in this section, subject to a Planning Commission Use
Permit and provided a finding is made that, despite the exception, the project
is consistent with the intent of the ordinance and LUE Policy 4.16.4.
2. The Architectural Review Commission (ARC) may approve building height up to
60 feet if the ARC determines that the project includes at least two objectives
from the following sections (lettered a. through g.), with no two being from the
same lettered section.
The Planning Commission may approve a use permit allowing maximum building
height of 75 feet upon determining that at least two of the following policy
objectives (with no two being from the same lettered section) are met, and at
least one Affordable and Workforce Housing Objective must be chosen.
To approve a use permit the Planning Commission must make the following
finding:
The public benefits associated with the project significantly outweigh any
detrimental impacts from the additional height. (In weighing potential public
benefits, the Planning Commission shall consider objectives related to affordable
and workforce housing, economic vitality, historic preservation and open space
preservation to be especially important.)
Policy Objectives
Intent: The intent of the following Policy Objectives is to insure that buildings
taller than 50 feet proposed in the C -D zone include features that meet the
specific policy objectives outlined for tall buildings in the City's General Plan
(including, but not limited to, Land Use Element, Chapter 4.0). A variety of
objectives are listed to insure that proposed project features are appropriate for
the site and surroundings, and to allow for a wide range of possible project types.
Regardless of the number of objectives proposed, the decision making body
must determine that the overall project is consistent with the General Plan,
including goals and policies for view preservation, historical resource
preservation, solar access and architectural character.
a. Affordable and Workforce Housin
i. The project provides affordable housing, per City standards, at the rate of
5% for low income households, or 10% for moderate income households,
as a percentage of the total number of housing units built (no in -lieu fee
option).
ii. The project qualifies for, and utilizes, a density bonus per the City's
Affordable Housing Incentives (SLOMC Chapter 17.90).
iii. The project includes residential density greater than or equal to 36 units
per acre and the average floor area of units is 1,000 square feet or less.
(Group housing projects must show that the proposed building meets or
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exceeds the population density that would otherwise be achieved by this
objective.)
b. Pedestrian Amenities
i. The project provides a major pedestrian connection between Higuera
Street and the Creekwalk, Monterey Street and the Creekwalk, Higuera
Street and Marsh Street, or at another acceptable mid -block location.
ii. The project incorporates a significant public plaza, where the public art
requirement is met by providing the art on -site (no in -lieu fee option).
c. View Access and Preservation
i. The project provides a public viewing deck or decks, or similar feature, to
provide significant free public access to views of surrounding natural
features such as, but not limited to, Cerro San Luis.
ii. The project improves and dedicates land within the downtown core for
publicly -owned open space with street -level views of hillside resources,
consistent with Land Use Element Policy 4.7 and Program 4.20.
d. Economic Vitality
i. The project provides additional economic benefit to the City by providing
retail sales or hospitality uses (subject to the City's transient occupancy
tax) on multiple levels. Total floor area dedicated to retail or hospitality
uses must exceed 150% of the building footprint.
e. Historic Preservation
i. Where there are no historic resources on the project site, the project will
provide for the permanent preservation of a building off -site within the
Downtown Historic District or Chinatown Historic District that is listed in
the city's Inventory of Historical Resources through the recordation of a
Historic Preservation Agreement.
ii. The project provides for preservation or adaptive reuse of all buildings on
the City's Inventory of Historic Resources located on the project site in a
manner consistent with the Secretary of the Interior's Standards for the
Treatment of Historic Resources.
f. Open Space Preservation
The project provides for the permanent preservation of open space land
in the City's greenbelt through land dedication, the recordation of a
conservation easement, or other recognized preservation method to the
approval of the City.
g. Energy Efficiency
The project is designed to meet the fossil fuel reduction standards
established by the Architecture 2030 Challenge.
The project is designed to exceed the Title 24 energy efficiency
requirements by a minimum of 30 %.
h. Other Policy Objectives
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i. The project directly implements specific and identifiable City objectives as
set forth in the General Plan, the Conceptual Plan for the City's Center,
the Downtown Strategic Plan or other key policy document, to the
approval of the Planning Commission. (Sub- section h. may be used to
meet requirements for one policy objective)
3. Application Requirements: Planning applications submitted for new buildings
over 50 feet tall shall include the following additional items to assist the City in the
analysis and decision making process.
a. Viewshed Analysis: A written and graphic viewshed analysis from various
perspectives. The analysis shall identify visual resources within the viewshed
of the project and indicate how the design of the project addresses those
views from each perspective. Specific attention shall be given to views from
adjacent publicly -owned gathering spaces, such as Mission Plaza.
b. Solar Shading Analysis: A written and graphic solar shading analysis
showing the effects of shading on its surroundings between 10 a.m. and 3
p.m. on the winter solstice, summer solstice and vernal or autumnal equinox.
The analysis shall compare shading caused by the project to the City's Solar
Access Standards (Conservation Open Space Element Table 2).
c. Parking Demand Management/Trip Reduction Programs: A verifiable parking
demand management program and a trip reduction program to reduce
resident/employee dependence on single- occupant vehicle trips, to the
approval of the Public Works Director.
d. Three - Dimensional Digital Model: A complete three - dimensional digital
model of the proposed building, consistent with the specifications for the
City's Baseline 3 -D Digital Model of the Downtown Core and suitable for
display on the City's internet site.
e. Solid Waste Management Plan: A solid waste management plan to show
how the project meets or exceeds the City's Solid Waste Guidelines, to the
approval of the Utilities Director. If any exceptions to the Solid Waste
Guidelines are requested the plan shall include a written explanation and
justification.
f. Green Building Plan: A written Green Building Plan shall be provided to
indicate how the project complies with performance standards for energy
efficiency.
g. Emergency Services Access Plan: A written and graphic plan - created in
consultation with the City's Fire Marshal to show how access to upper floors
for emergency response personnel will be provided.
h. Public Safety Plan: A security plan - created in consultation with the Police
Department for.all proposed buildings that include publicly accessible areas
such as parking garages, courtyards, public stairways, elevators and decks.
The security plan will identify the locations of 911 capable phones in parking
areas and will establish rules and regulations for public use of courtyards and
decks, and establish timeframes for private security patrols to be in place.
Utilities Infrastructure Analysis: An engineer's evaluation of existing utilities
infrastructure and recommendations to insure that the project will have
adequate water pressure for domestic use and fire flows and that the
collection system in the area surrounding the project is sufficient to meet the
project's impact.
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Building Code Analysis: A building code analysis specifying the building's
allowable area, occupancy class, occupancy load, and construction type.
D. Maximum coverage: 100 %.
E. Maximum Floor Area Ratio (FAR):
1. 3.0 - maximum allowed for buildings up to 50 feet tall;
2. 3.75 - maximum allowed for buildings approved above 50 feet tall;
3. 4.0 - maximum allowed for approved buildings over 50 feet tall with transfer of
development credits for open space protection or historic preservation; or if a
density bonus for affordable housing is granted.
F. Standard Lot Dimensions:
Minimum lot area: 3,000 square feet
Minimum lot width: 25 feet
Minimum lot depth: 50 feet
Minimum street frontage: 15 feet
G. Vehicle Access: Although residential uses are encouraged in the C -D Zone, it is not
the intent of the City to ensure that parking is provided on -site for residential uses.
Therefore, there is no guarantee of parking availability, either on -site or off -site, for
downtown residential projects. On -site parking may be considered inappropriate at
certain downtown locations where the pedestrian experience would be harmed by
vehicle ingress and egress across the sidewalk. In order to maintain pedestrian
orientation and the continuity of sidewalks within the C -D Zone, an Administrative Use
Permit must be approved to permit the installation of new driveway approaches
proposed after the effective date of this ordinance. When new driveway approaches
are proposed in conjunction with an application for Architectural Review, a separate
Planning Application shall not be required. In order to approve the new driveway
approach, the approving body must make at least one of the following findings:
1. The proposed driveway approach will not harm the general health, safety and
welfare of people living or working in the vicinity of the project site because the
number of vehicles expected to use the driveway is limited (less than 10 spaces)
and there are no other alternatives, such as service alleys, to provide vehicle
access to the site.
2. The proposed driveway approach is located along a non - arterial street and will
not significantly alter the character of the street or pedestrian circulation in the
area in consideration of the characteristics of pedestrian flow to and from the
project site and surrounding uses.
3. The proposed driveway approach is a shared facility and provides efficient access
to more than a single project in a way that eliminates the need for additional
driveways.
4. The proposed driveway approach provides access to public parking.
H. Parking: Other sections of this Title notwithstanding, the Parking Requirements in the
C -D zone shall be as follows:
Restaurants, sandwich shops, take -out food, bars, taverns, night clubs, other
food service or entertainment establishments, theaters, auditoriums, convention
halls, and churches: one -half that required in Section 17.16.060 provided,
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however, that in no case the requirement shall exceed one space per 350 square
feet gross floor area.
2. Dwellings, motels, hotels and bed and breakfast inns: One -half that required in
Section 17.16.060.
3. All other uses: One space per 500 square feet gross floor area.
4. In determining the total number of required spaces, all fractions shall be rounded
to the nearest whole number. Fractions of 0.5 or greater shall be rounded to 1;
fractions less than 0.5 shall be rounded to 0.
5. For existing buildings, only the parking needed for additions thereto or for
changes in occupancy which increase parking requirement relative to prior uses,
shall be required.
6. Parking space reductions allowed by Section 17.16.060 shall not be applicable in
the C -D zone, as the reduced parking rates established in 17.42.020.H.1 -3 are
intended to provide flexibility in meeting parking requirements and rely on the
consolidation of parking.
7. The parking space requirement may be met by:
a. Providing the required spaces on the site occupied by the use;
b. Providing the required spaces off -site, but within 500 feet of the proposed
use, in a lot owned or leased by the developer of the proposed use;
c. Participating in a commonly held and maintained off -site parking lot where
other businesses maintain their required spaces;
d. Participating in a parking district that provides parking spaces through a fee
or assessment program. (This subsection may be satisfied by participation of
the underlying property in a parking district by January 1, 1988. If by that date
the underlying property is not participating in such a district, the parking
requirement shall be otherwise met);
e. Participating in an in -lieu fee program as may be established by the City
Council. Any parking agreement approved prior to adoption of the parking
standards contained in Sections H.1 -3 above, may be adjusted to conform
with those standards, subject to approval by the Community Development
Director and City Attorney; or
f. Any combination of subsections H.4.a. through H.4.e of this section.
The Community Development Department shall be notified of the expiration
or termination of any agreement securing required parking. The Department
shall schedule a public hearing before the planning commission to consider
revocation of the use authorization where no alternative location for required
parking is provided. (Ord. 1101 - 2, 1987; Ord. 1074 - 2, 1986: Ord. 1050 - 1
(part), 1985: Ord. 1023 - 1 1984; Ord. 1006 - 1 (part), 1984; Ord. 1941 - 1
(part), 1982: prior code - 9203.10(B))
I. Maximum Building Size: No retail establishment (commercial building) shall exceed
60,000 square feet of gross floor area, unless excepted by subsection H and Section
17.16.035.
J. A retail establishment may be allowed up to 140,000 square feet of gross floor area, if
the Planning Commission determines that it meets the following standards:
The proposed use will serve the community, in whole or in significant part, and
the nature of the use requires a larger size in order to function.
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2. The building in which the use is to be located is designed in discrete - elements
that respect the scale of development in the surrounding area.
3. The new building is designed in compliance with the City's Design Guidelines for
Large -Scale Retail Projects. (Ord. 1405 — 2001 Series)
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Chanter 17.44: TOURIST- COMMERCIAL (C -T) ZONE
Sections:
17.44.010 Purpose and application
17.44.020 Property development standards.
17.44.010 Purpose and application
The C -T zone is intended to provide accommodations and services for the traveling
public. The C -T zone implements and is consistent with the Tourist Commercial land use
category of the General Plan.
17.44.020 Property development standards.
The property development standards for the C -T zone are as follows:
A. Maximum density: 12 density units per net acre, including dwelling units in hotels and
motels, but not including other hotel or motel units (see also Section 17.16.010).
B. Yards: See Section 17.16.020.
C. Maximum coverage: 75% (see also Section 17.16.030).
D. Maximum height: 45 feet (see also Sections 17.16.020 and 17.16.040).
E. Maximum floor area ratio: the ratio of gross building floor area to site area shall not
exceed 2.5. (Ord. 1365 (200 Series) (Part))
F. Standard Lot Dimensions:
Minimum lot area: 9,000 square feet
Minimum lot width: 60 feet
Minimum lot depth: 100 feet
Minimum street frontage: 40 feet
G. Parking requirements: See Section 17.16.060. (Ord. 1006 - 1 (part). 1984: Ord. 941
- 1 (part), 1982: prior code - 9203.11(13))
H. Maximum Building Size: No retail establishment (commercial building) shall exceed
45,000 square feet of total gross floor area, unless excepted by Section 17.16.035.
(Ord. 1405 — 2001 Series)
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Chapter 17.46: SERVICE- COMMERCIAL (C -S) ZONE
Sections:
17.46.010 Purpose and application.
17.46.020 Property development standards.
17.46.010 Purpose and application.
The C -S zone is intended to provide for services, limited retail, and other business service
uses that may be less appropriate in the City's other commercial zones, as well as
accommodating certain storage, transportation, wholesaling and light manufacturing uses.
The C -S zone implements and is consistent with the Services and Manufacturing land
use category of the General Plan, and is intended to be applied primarily to areas with
more public exposure on arterial streets than those reserved for manufacturing.
17.46.020 Property development standards.
The property development standards for the C -S zone are as follows:
A. Maximum density: 24 density units per acre (see Section 17.16.010).
B. Yards. Minimum street yards shall be:
1. Where no building adjoins, five feet (requirement for parking lots and signs);
2. For buildings 20 feet and less in height, 10 feet;
3. For buildings more than 20 feet in height, 15 feet;
4. Other yards shall be as provided in the zone of any adjacent lot;
5. See also Section 17.16.020.
C. Maximum height: 35 feet (see also Section 17.16.020 and 17.16.040).
D. Maximum coverage: 75% (see also Section 17.16.030).
E. Maximum floor area ratio: the ratio of gross building floor area to site area shall not
exceed 1.5. (Ord. 1365 (200 Series) (Part))
F. Standard Lot Dimensions:
Minimum lot area: 9,000 square feet
Minimum lot width: 60 feet
Minimum lot depth: 100 feet
Minimum street frontage:40 feet
G. Parking requirements: See Section 17.16.060.
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H. Off - street loading requirements:
Gross Floor Area Number of Spaces
of Building Required
1,000 to 9,999 none
10,000 to 29,999 1
30,000 to 99,999 2
100,000 and more 3
I. Maximum Building Size: No retail establishment (commercial building) shall exceed
60,000 square feet of gross floor area, unless excepted by Section 17.16.035.
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Chapter 17.48: MANUFACTURING (M) ZONE
Sections:
17.48.010 Purpose and application.
17.48.020 Property development standards.
17.48.010 Purpose and application.
The M zone is intended to provide for assembly, fabrication, and other manufacturing
activities in addition to those permitted in the C -S zone, and for limited sales and services
to local consumers. The M zone implements and is consistent with the Services and
Manufacturing land use category of the General Plan, and is intended to be applied
primarily to areas served by, but with limited or no frontage on arterial streets.
17.48.020 Property development standards.
The property development standards for the M zone are as follows:
A. Maximum density: 24 density units per net acre (Section 17.16.010).
B. Yards. Minimum street yards shall be:
1. Where no building adjoins, five feet (requirement for parking lots and signs);
2. For buildings 20 feet and less in height, 10 feet;
3. For buildings more than 20 feet in height, 15 feet;
4. Other yards shall be as provided in the zone of any adjacent lot;
5. See also Section 17.16.020.
C. Maximum height: 35 feet (see also Sections 17.16.020 and 17.16.040).
D. Maximum coverage: 75% (see also Section 17.16.030).
E. Maximum floor area ratio: the ratio of gross building floor area to site area shall not
exceed 1.5. (Ord. 1365 (200 Series) (Part))
F. Standard Lot Dimensions:
Minimum lot area: 9,000 square feet
Minimum lot width: 60 feet
Minimum lot depth: 100 feet
Minimum street frontage: 40 feet
G. Parking requirements: See Section 17.16.060.
H. Off - street loading requirements:
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Gross Floor Area Number of Spaces
of Building Required
1,000 to 9,999 none
10,000 to 29,999 1
30,000 to 99,999 2
100,000 and more 3
(See also Performance Standards, Chapter 17.18.) (Ord. 1085 - 1 Ex. A(part), 1987; Ord.
941 - 1 (part), 1982: prior code - 9203.13(6))
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Chapter 17.49: BUSINESS PARK (BP) ZONE
Sections:
17.49.010 Purpose and application.
17.49.020 Property development standards.
17.49.010 Purpose and application.
The BP zone is intended to provide for research and development, light manufacturing,
and business services that are compatible with each other and with airport operations.
The BP zone implements and is consistent with the Business Park land use category of
the General Plan.
17.49.020 Property development standards.
BP zoning is found only within the Airport Area and Margarita Area Specific Plan
boundaries. The following is a summary of some of the property development standards
that apply to each specific plan area. These standards are included in the Zoning
Regulations for reference only. See the appropriate specific plan for more detailed
property development information.
Airport Area Specific Plan
A. Yards. Setback distance between:
1. Buildings and property lines along streets, 16 feet;
2. Parking lots and property lines along streets, 10 feet;
3. Buildings and property lines between adjacent parcels, zero;
4. Parking lots and property lines between adjacent parcels, 5 feet.
B. Maximum height:
1. Occupied buildings, 45 feet (not to exceed three stories);
2. Non - occupied architectural features, 52 feet.
C. Coverage:
1. Maximum coverage by buildings, driveways, and parking shall not exceed 80 %.
2. Minimum landscape area (planning areas, water features, and hard surfaces
used mainly by pedestrians) shall be at least 20% of site area.
D. Maximum floor area ratio:
1. Warehousing, storage, or automated manufacturing uses shall not exceed 1.0;
2. All other uses shall not exceed 0.6.
E. Standard Lot Dimensions:
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1. Minimum lot area: 0.5 acre
2. Minimum lot width: 100 feet
3. Minimum lot depth: 100 feet
4. Maximum lot depth to width ratio shall be 3:1
5. Minimum street frontage: 50 feet
Margarita Area Specific Plan (Low -rise Office)
F. Yards. Setback distance between:
1. Buildings and property lines along streets, 15 feet;
2. Parking lots and property lines along streets, 15 feet;
3. Buildings and property lines between adjacent parcels, 5 feet;
4. Parking lots and property lines between adjacent residential parcels, 3 feet;
5. Parking lots and property lines between adjacent non - residential parcels, zero.
G. Maximum height:
1. Occupied buildings, 25 feet;
2. Single -story masonry area, one occupied level, not to exceed 36 feet.
H. Coverage: Minimum landscape area (planning areas, water features, and hard
surfaces used mainly by pedestrians) shall be at least 20% of site area.
I. Maximum floor area ratio: The ratio of gross building floor area to site area shall not
exceed 0.29.
J. Standard Lot Dimensions: Same as Office zone.
Margarita Area Specific Plan (General Business Park)
K. Yards. Setback distance between:
1. Buildings and property lines along streets, 20 feet;
2. Parking lots and property lines along streets, 20 feet;
3. Buildings and property lines between adjacent parcels, zero;
4. Parking lots and property lines between adjacent residential parcels, N /A;
5. Parking lots and property lines between adjacent non - residential parcels, zero.
L. Maximum height:
1. Occupied buildings, 36 feet;
2. Non - occupied architectural features such as towers may extend to 45 feet.
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M. Coverage: Minimum landscape area (planning areas, water features, and hard
surfaces used mainly by pedestrians) shall be at least 15% of site area.
N. Maximum floor area ratio: The ratio of gross building floor area to site area shall not
exceed 0.44.
O. Minimum land parcel size: One acre.
P. Parking: The parking requirements in the Low -rise Office and General Business Park
areas are as follows:
1. For all uses, paring will be provided at a rate of not less than one space per 500
square feet of gross floor area, nor more than one space per 300 square feet of
gross floor area.
Exceptions:
a. Medical offices may, but are not required to, provide parking at a ratio of one
space per 200 square feet.
b. For warehousing, parking will be provided at a rate of not less than one space
per 1,500 square feet of gross floor area, nor more than one space per 1,000
square feet of gross floor area.
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CHAPTER 17.50: PLANNED DEVELOPMENT MD) OVERLAY ZONE
Sections:
17.50.010 - Purpose
17.50.020 - Applicability
17.50.030 Preliminary development plan.
17.50.040 Actions of the Planning Commission.
17.50.050 Actions of the Council.
17.50.060 Required findings.
17.50.070 Requirement for development plan.
17.50.080 Final development plan.
17.50.090 Phasing.
17.50.100 Amendment of final development plan.
17.50.110 Revocation of PD zoning.
17.50.010 Purpose
The PD overlay zone is intended to provide for flexibility in the application of zoning
standards to proposed development. The purpose is to allow consideration of innovation
in site planning and other aspects of project design, and more effective design responses
to site features, land uses on adjoining properties, and environmental impacts, than the
development standards of the underlying zone would produce without adjustment. The
City expects each planned development project to be of significantly higher design quality,
including more effective and attractive pedestrian orientation, environmental sensitivity,
energy efficiency, and the more efficient use of resources, than would be achieved
through conventional design practices and standards.
17.50.020 Applicability
A. Timing of rezoning. PD rezoning shall occur simultaneously with the approval of a
specific project through the Planned Development process (Chapter 17.62).
B. Where allowed. The PD zone may be applied to any parcel within the CN, CC, CD,
CR, CT, CS, and M zones; and in any other zone, to any parcel or contiguous parcels
of at least one acre.
C. General Plan compliance. The preparation, review, and approval of a PD overlay
zone shall require strict compliance with the General Plan and any applicable specific
plan.
D. Relationship of PD overlay to primary zoning district.
1. Allowable land uses. Any use or combination of uses allowed by Section
17.22.010 (Uses Allowed by Zones) within the underlying zoning district may be
established within the PD overlay zone, subject to any additional limitations on
specific land uses provided by the overlay as adopted. No PD overlay shall allow
a land use that is not allowed in the primary zoning district, or by the General Plan
or any applicable specific plan.
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2. Planning permit requirements. Development and new uses within the PD
overlay district shall obtain the permits required by Section 17.22.010 for the
underlying zone.
3. Site planning and project development standards. Development and new
land uses within the PD overlay shall comply with all applicable development
standards of the underlying zone, except as specifically modified, waived, or
augmented by the PD overlay.
E. Scope of approval. The application of the PD overlay to property may include the
adjustment or modification, where necessary and justifiable, any applicable
development standard of these Zoning Regulations (e.g., building height, floor area
ratio, parcel size, parking, setbacks, etc.), or of the City's Subdivision Regulations.
17.50.030 Preliminary development plan.
Application for planned development shall be made to the Community Development
Department and shall consist of a preliminary development plan, to include:
A. A legal description of the total site involved;
B. A statement of the objectives to be achieved by the planned development through the
particular approach to be used by the applicant;
C. A schedule indicating the approximate dates when construction of the development or
stages of the development are to be started and completed;
D. A quantified description of the total number and type of dwelling units, parcel sizes,
coverage, modified and natural open space, grading, residential densities, and areas
devoted to nonresidential uses;
E. Identification of portions of the development which would otherwise require a
variance, and reason for the deviation from normal standards;
F. A site plan and supporting maps, drawn to a suitable scale and clearly labeled,
showing, if applicable:
1. Existing site conditions, including contours, vegetation and water courses;
2. Proposed lot designs; .
3. Location and floor area of existing and proposed buildings or outlines of areas
within which buildings may be located;
4. Location and size of all areas to be conveyed or reserved as common open
spaces or for public or semipublic uses;
5. Existing and proposed circulation system of arterial, collector, and local streets;
off - street parking, loading, and emergency access areas; points of access to
public rights -of -way; proposed ownership of circulation routes;
6. Existing and proposed sidewalks and paths;
7. Existing and proposed utility systems, including sanitary sewer, storm drainage,
water, electricity, gas and telephone;
8. A general landscape plan.
9. A general grading plan;
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G. Information on land area adjacent to the proposed development, indicating important
relationships between the proposal and surrounding land uses, circulation systems,
public facilities and natural features;
H. Any additional information which may be required by the director to evaluate the
character and impact of the planned development. (Ord. 941 - 1 (part), 1982: prior
code - 9204.4(A))
17.50.040 Actions of the Planning Commission.
After giving notice as provided in Section 17.70.030, the Planning Commission shall hold
a public hearing on the application. The Planning Commission may approve, approve
subject to certain modifications, or deny the application. The decision of the Planning
Commission shall be in the form of a recommendation to the Council and shall be
rendered in writing, stating all modifications or conditions to be reflected in the final
development plan. (Ord. 941 - 1 (part), 1982: prior code 9204.4(6))
17.50.050 Actions of the Council.
After giving notice as provided in Section 17.70.030, the Council shall hold a public
hearing on the application and the recommendations of the Planning Commission. The
Council may approve, approve subject to certain modifications, or deny the proposal. The
decision of the Council shall be rendered in writing, stating all modifications or conditions
to be reflected in the final development plan. If it approves or conditionally approves the
preliminary development plan, the Council shall approve the rezoning and the official zone
map shall be amended to indicate approval of the planned development. (Ord. 941 - 1
(part), 1982: prior code 9204.4(C))
17.50.060 Decision and Findings
Following a public hearing, the Commission may recommend, and the Council may
approve or disapprove a rezoning to apply the PD overlay zoning district in compliance
with this Section.
A. Mandatory project features. The review authority may recommend or approve a
rezoning to apply the PD overlay zoning district only for a project that incorporates a
minimum of two of the following four features.
1. A minimum of 25 percent of the residential units within the project are affordable
to households of very low, low or moderate income (See Municipal Code Chapter
17.90 for incentives provided for affordable housing development, including
density bonuses and possible fee waivers);
2. The project will achieve greater energy efficiency than standard developments
through the incorporation of green building techniques, scoring at least a silver
rating on the LEED or other equivalent rating system, or achieving a minimum of
30 percent greater energy efficiency than the minimum required by California
Code of Regulations Title 24;
3. The project will preserve, enhance, and /or create a significant natural feature with
a minimum area of one -half acre; or
4. The project will provide a substantial public amenity, for example, a significant
public plaza, a public park, or a similar improved open space feature, including
provisions for guaranteed long -term maintenance not at the expense of the City.
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B. Required findings for approval. The review authority may approve a rezoning to
apply the PD overlay zoning district only after first making all of the following findings:
1. The project is consistent with the General Plan and any applicable specific plan,
and the proposed land use is allowed within the applicable primary zoning district;
2. The project complies with all applicable provisions of these Zoning Regulations
other than those modified by the PD rezoning;
3. The approved modifications to the development standards of these Zoning
Regulations are necessary and appropriate to accommodate the superior design
of the proposed project, its compatibility with adjacent land uses, and its
successful mitigation of environmental impacts;
4. The project complies with all applicable City Design Guidelines;
5. All affected public facilities, services, and utilities are adequate to serve the
proposed project;
6. The location, size, site planning, building design features, and operating
characteristics of the project are highly suited to the characteristics of the site and
surrounding neighborhood, and will be compatible with the character of the site,
and the land uses and development intended for the surrounding neighborhood
by the General Plan;
7. The site is adequate for the project in terms of size, configuration topography,
and other applicable features, and has appropriate access to public streets with
adequate capacity to accommodate the quantity and type of traffic expected to be
generated by the use; and
8. The establishment, maintenance, or operation of the proposed project will not, in
the circumstances of the particular case, be detrimental to the health, safety, or
general welfare of persons residing or working in the vicinity of the proposed use,
or detrimental or injurious to property and improvements in the neighborhood or
to the general welfare of the City.
17.50.070 Requirement for development plan.
No land division may be undertaken and no construction begun within an area zoned PD
until a final development plan has been approved. (Ord. 941 - 1 (part), 1982: prior code
9204.4(E))
17.50.080 Final development plan.
A. Within two years of approval or conditional approval of the development plan, the
applicant shall file with the Community Development Department a final development
plan. At his discretion and for good cause, the Director may extend the time for filing
the final development plan for a period or periods not exceeding a total of three years.
B. The final development plan shall include those items from Section 17.50.030
(Preliminary development plan) which describe the proposal, including division of
land, type and location of all buildings and improvements, and so on, but it need not
include information on existing conditions.
C. The Director shall review and take action on the final development plan within 30 days
of filing. He shall approve it upon finding that it is in substantial compliance with the
preliminary development plan as approved or modified by the Council. Upon approval
of the final development plan, the Director shall add the number of the planned
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development to the official zone map (for example, PD (9999)). Subsequently, all
grading, construction and landscaping shall comply with the approved final
development plan.
D. The final development plan may consist of final subdivision maps, building
construction plans, grading plans, and so on, that would normally be submitted in the
course of development, and need not be a separate submittal. The Director shall
determine the extent to which any additional documentation of development plans is
required. (Ord. 941 - 1 (part), 1982: prior code - 9204.4(F))
17.50.090 Phasing.
If the construction of the planned development is to occur in phases, the open space and
common facilities shall be developed and made available in proportion to the number of
dwelling units or nonresidential floor area occupied during any given stage. At no time
during construction of the project shall the density of developed land exceed the overall
density established in the final development plan
17.50.100 Amendment of final development plan.
A. Minor differences between the approved development plan and construction plans
may be allowed by the Director.
B. Written requests for amendments to a final development plan may be approved by the
Planning Commission after a public hearing, notice of which has been given as
provided in Section 17.70.030. Amendments shall be limited to changes in the size
and position of buildings; the number, area or configuration of lots; landscape
treatment; phasing, and the like.
C. Amendments may not include changes in proposed use, overall density, or overall
configuration of the land uses and circulation features. Changes to these aspects
may be accomplished only by reapplication and submittal of a new preliminary
development plan.
D. Amendments to large office PD ordinances approved by the Council prior to June
2003 may be approved under Subsection B. above to allow changes in proposed use
as long as those uses are determined by the Planning Commission to be consistent
with the General Plan.
E. These procedures apply whether or not all or part of the development has been built.
(Ord. 941 - 1 (part), 1982: prior code 9204.4.(H))
17.50.110 Revocation of PD zoning.
If a final development plan is not carried out in the time specified in the development plan
or within an approved extension period, the Planning Commission and Council may
remove the PD designation according to the usual procedure for city- initiated rezoning.
(Ord. 941 - 1 (part), 1982: prior code 9204.4(1))
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Chapter 17.52: SPECIFIC PLAN (SP) OVERLAY ZONE
Sections:
17.52.010 Purpose and application.
17.52.020 Allowed uses.
17.52.030 Property development standards.
17.52.010 Purpose and application.
The SP zone is intended to translate the provisions of an adopted specific plan into
regulations for the subsequent development of land. It will be applied to areas for which a
specific plan has been adopted or where the general plan calls for a specific plan prior to
development, generally within residential expansion areas. (Ord. 941 - 1 (part), 1982:
prior code - 9203.15(A))
17.52.020 Allowed uses.
Prior to adoption of a specific plan, areas in the SP zone may be used in conformance
with the provisions of the C /OS zone. Once a specific plan has been adopted, uses shall
be as provided in the specific plan. (Ord. 941 - 1 (part), 1982: prior code - 9203.15(B))
17.52.030 Property development standards.
A. Residential density shall be as provided in the specific plan.
B. Height, yards, coverage and parking shall be as provided in the specific plan. If the
specific plan does not contain explicit provisions on these items, they shall be
provided in the underlying zone.
C. Other development features explicitly contained in the specific plan, such as
landscaping, building siting and form, and circulation, shall be as provided in the
specific plan. (Ord. 941 - 1 (part), 1982: prior code - 9203.15(C))
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Chapter 17.54: HISTORICAL PRESERVATION (H) ZONE
Sections:
17.54.010 Purpose and Application
17.54.020 Allowed Uses
17.54.030 Property Development Standards
17.54.010 Purpose and application.
A. The H zone identifies parcels, areas or structures that (1) are architecturally or
historically important, and (2) may be eligible for benefits offered through the City's
Historical Preservation Program.
B. The H zone may be applied to areas with any of the following characteristics:
1. The property is within an area where buildings with pre -1941 architectural styles
create a recognizable character.
2. The property or area contains structures which (a) are good or excellent
examples of pre -1941 architecture, or (b) were designed by eminent architects or
designers, or (c) are community architectural landmarks.
3. The property or area contains structures that are included in the City's Master List
of Historical Resources.
4. The property, area or structure was owned or occupied by someone who had a
significant role in the history of the city, region, state or nation. (Ord. 1086 - 1 Ex.
A(part), 1987)
17.54.020 Allowed uses.
Uses shall be as provided in the underlying zone. (Ord. 1086 - 1 Ex. A (part), 1987)
17.54.030 Property development standards.
Property Development Standards shall be as established by the underlying zone. (Ord.
1086 - 1 Ex. A (part), 1987)
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CHAPTER 17.55: MIXED USE (MU) OVERLAY ZONE
Sections:
17.55.010 - Purpose
17.55.020 - Application and procedure
17.55.030 - Property development standards
17.55.010 - Purpose
The MU overlay zone, in combination with any other zone, requires a mix of residential
and nonresidential uses on the same site, where mixed use development would otherwise
be optional.
The primary purpose of the MU overlay is to provide a means for the City to identify areas
where the public health, safety, and welfare will be enhanced by requiring that all allowed
development be in the form of mixed use projects, where ground floor street frontages are
occupied by retail, business or personal services uses with residential uses above, or to
the rear of a site. The MU overlay is intended to promote a compact city, to provide
additional housing opportunities (including affordable housing opportunities), which is the
first priority, and to reduce auto travel by providing services, jobs, and housing in
proximity. The City desires the safety provided by having residential components in
commercial areas.
17.55.020 - Application and Procedure
A. Application of the MU overlay may be initiated by the City Council or Planning
Commission, to ensure that mixed residential and commercial uses will be included
when certain parcels are developed or redeveloped, or by a property owner.
B. An ordinance adopting an MU overlay shall specify the following items and may
include any other standard that would further the purpose and intent of this chapter:
1. The types of uses which are required or allowed to be combined;
2.. Any standards for the uses locations or their relationships to each other; and /or
3. Any issues specific to the site or the intended combination of uses which must be
resolved by the design of the project.
C. Each land use proposed on a site subject to the MU overlay shall be authorized in
compliance with the permit requirements of Section 17.22.010 (Uses Allowed by
Zones) that apply to the underlying zone.
17.55.030 - Property Development Standards
Property development standards shall be those of the underlying zone, except that the
application of the MU overlay to property may include establishing a higher height limit
than the underlying zone, to more effectively accommodate the residential component of
a mixed use project. Proposed development and new land uses shall also comply with all
applicable provisions of Section 17.08.072 (Mixed Use Projects).
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Chapter 17.56: SPECIAL CONSIDERATION (S) ZONE
Sections:
17.56.010 Purpose and application.
17.56.020 Allowed uses.
17.56.030 Property development standards.
17.56.040 Procedure - Subdivisions - Waiver of use permit requirement when
property subject to subdivision map application.
17.56.010 Purpose and application.
The S zone has two purposes:
A. In combination with any zone, to require approval of an administrative use permit
before any use may be established. The use permit requirement is intended to
assure compatibility of the use with its surroundings or conformance with the general
plan, or to determine if a proposed development solves problems such as noise
exposure, flood hazard, airport hazard, or slope instability which are particularly
severe on a given site. Such development review may also be used to protect areas
of scenic or ecological sensitivity, wildlife habitat, or wildland fire hazard.
The ordinance adopting the S zone will specify the considerations to be addressed,
and the ordinance number will be incorporated in the official zone map designation:
B. In combination with any other zone, to require a larger minimum parcel size than
required by the underlying zone. In such cases it will be designated on the zone map
as, for example, R- 1 -S -3, which indicates a minimum parcel size of three acres.
(Ord. 941 - 1 (part), 1982: prior code - 9203.17(A))
17.56.020 Allowed uses.
Subject to approval of an administrative use permit, any allowed or conditionally allowed
use in the underlying zone may be established. (Ord. 941 - 1 (part), 1982: prior code -
9203.17(B))
17.56.030 Property development standards.
As provided in Sections 17.58.020 through 17.58.080, the Administrative Hearing Officer
may establish conditions relating to improvements, building location, access, and so on,
which are more restrictive than provided in the underlying zone, in order to fulfill the intent
of these regulations. (Ord. 941 - 1 (part), 1982: prior code - 9203.17(C))
17.56.040 Procedure - Subdivisions - Waiver of use permit
requirement when property subject to subdivision map
application.
The Director may waive the requirement for a use permit when property proposed for
development is the subject of a subdivision map application. (Ord. 941 - 1 (part), 1982:
prior code - 9203.17(D))
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Chapter 17.58: USE PERMITS
Sections:
17.58.010
Purpose and intent.
17.58.020
Application form.
17.58.030
Procedures.
17.58.040
Findings.
17.58.050
Conditions of approval.
17.58.060
Criteria for approval.
17.58.070
Requirement for and compliance with use permits.
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17.58.010 Purpose and intent.
It is intended that use permits allow flexibility in providing for, regulating, or preventing
various uses, so they will be compatible with existing or desired conditions in their
neighborhoods. Use permit approval is required for certain uses so that their detrimental
effects can be reduced or avoided and potential conflicts in land use can be prevented.
This is necessary because of the wide variety of uses that are allowed within zone
districts and because of the variety of existing sites and uses found in the community.
(Ord. 941 - 1 (part), 1982: prior code - 9204.2(A))
17.58.020 Application form.
Application shall be made to the Community Development Department in the form
prescribed by the Director, including, as may be necessary, site plans, written descriptions
of activities to be conducted, technical studies of site characteristics, and so on. (Ord.
941 - (part), 1982: prior code - 9204.2(B))
17.58.030 Procedures.
A. Administrative Use Permit.
1. Before acting on any use permit application, the Director shall hold a hearing at
which information and arguments may be presented. Notice of the time, date,
place and purpose of the hearing shall be given by posting the property and by
publishing an advertisement in a newspaper of general circulation at least five
days before the hearing.
2. Decisions of the Director shall be rendered in writing within ten days of the
hearing. They shall state the conditions of approval, if any, or the reasons for
denial. The Director's decision shall be final unless appealed.
3. At his or her discretion, the Director may refer an administrative use permit to the
Planning Commission, pursuant to the requirements in subsection B of this
section, when he /she determines the application involves a major policy issue or
public controversy that would be resolved more suitably by the Commission.
B. Planning Commission Use Permits.
1. Before acting on any use permit application, the Planning Commission shall hold
a public hearing conducted according to its By -Laws. Notice of the time, date,
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place and purpose of the hearing shall be given by posting the property and
publishing an advertisement in a newspaper of general circulation at least ten
days before the hearing.
2. Decisions of the Planning Commission shall be rendered in writing within ten days
of the hearing. They shall state the conditions of approval, if any, or the reasons
for denial. The Planning Commission's decision shall be final unless appealed.
3. When a use permit or variance is before the Planning Commission, the
Commission may act to impose additional or relax any property development
standards capable of being so altered under relevant sections of these
regulations (see Chapters 17.16 and 17.60). The intent of this provision is to
enable the Commission to deal with various aspects of project design in a
comprehensive way, without postponement of action on a project for separate
hearings. Use permit and variance findings and procedures shall apply as
provided in relevant sections of these regulations.
4. Public notice for use permit and variance applications, in order to fulfill the intent
of this section, shall be sufficiently general so the public will be aware of the type
of project proposed and the types of actions the Commission may take, without
further notice, to approve or conditionally approve the project.
5. Likewise, on appeal, the Council may act to alter property development standards
by variance or use permit if a variance or use permit application is under
consideration, (Ord. 941 - 1 (part), 1982: prior code - 9204.2(C))
C. Expiration of use permit.
1. When a use, that was allowed by approval of a use permit, ceases operation for
one year or such other time period as specified in the conditions of approval, then
reinstatement of that use will be allowed only with approval of a new use permit.
2. The Community Development Director may extend the one -year limit stated in
C.1, above, upon receipt of a written request, upon finding that circumstances
have not changed significantly since the time the use ceased operation.
17.58.040 Findings.
In order to grant a use permit, the Director or Planning Commission, or on appeal, the
Council, must find that the proposed use will not be detrimental to the health, safety or
welfare of persons working or living at the site or within the vicinity. The Director,
Planning Commission or Council may deny the proposal or attach conditions as deemed
necessary to secure the purposes of these regulations. Actions on use permits shall be
justified by written findings, based on substantial evidence in view of the whole record.
(Ord. 1124 - 1 Ex. A (part), 1988; Ord. 941 - 1 (part), 1982: prior code - 9204.2(D))
17.58.050 Conditions of approval.
Conditions imposed by the Director, Planning Commission or Council may include, but
are not limited to, the following:
A. Modification or limitation to activities, including times and types of operation;
B. Special yards or open spaces;
C. Fences, walls or landscape screens;
D. Provision and arrangement of parking and vehicular and pedestrian circulation;
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E. On -site or off -site street, sidewalk or utility improvements and maintenance
agreements;
F. Noise generation and attenuation;
G. Dedication of right -of -way or easements or access rights;
H. Arrangement of buildings and use areas on the site;
I. Special hazard reduction measures, such as slope planting;
J. Minimum site area;
K. Other conditions which may be found necessary to address unusual site conditions.
L. Establishment of an expiration date, after which the use must cease at that site.
M. Recycling and solid waste plans.
N. Conditions may not be imposed that restrict the use to a specific person or group.
(Ord. 941 - 1 (part), 1982: prior code - 9204.2(E))
17.58.060 Criteria for approval.
In deciding whether a proposal is acceptable at a given location, the Director, Planning
Commission and Council shall consider whether the proposal could be established and
maintained without jeopardy to persons or property within or adjacent to the proposed site
and without damage to the resources of the site and its surroundings. Appropriate criteria
may be found in the following sources, without limitation:
A. General plan elements (such as Land Use, Circulation, Housing, Noise, Seismic
Safety, Public Safety, Open Space and Conservation):
B. Specific plans and special studies;
C. Standards and recommendations of agencies commenting on environmental
documents for the proposal or for similar projects. (Ord. 941 - 1 (part), 1982: prior
code - 9204.2(F))
17.58.070 Requirement for and compliance with use permits.
A. When more than one use permit - including more than one type of use permit - is
required by individual sections of these regulations, only one use permit application
need be filed and acted upon. If both an administrative use permit or permits would
simultaneously be required by separate sections, one Planning Commission use
permit shall be processed to cover all requirements. If an administrative use permit
for site development exceptions, and review by the Architectural Review Commission
are required, then only the architectural review application need be filed.
B. The modification or addition to a use requiring use - permit approval shall itself be
subject to use - permit approval. The addition of an allowed use to a premises
occupied by a conditionally allowed use shall require use - permit approval of the type
required for the existing use. The Director shall determine when such an addition or
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change is of such a minor or incidental nature that the intent of these regulations can
be met without further use permit control.
C. Any conditions established pursuant to these regulations shall be met before the use
is established, except that the Director, Planning Commission, or on appeal, the
Council, may establish a schedule for certain conditions to be met after establishment
of the use. Continuance of the use shall then be contingent on complying with the
schedule for meeting deferred conditions.
D. If the use or structure authorized by use permit is not established within one year of
the date of approval or such longer time as may be stipulated as a condition of
approval, the use permit shall expire. Upon written request received prior to
expiration, the Director may grant renewals of use permit approval for successive
periods of not more than one year each. Approvals of such renewals shall be in
writing and for a specific period. Renewals may be approved with new or modified
conditions upon a finding that the circumstances under which the use permit was
originally approved have substantially changed. Renewal of a use permit shall not
require public notice or hearing, unless the renewal is subject to new or modified
conditions. In order to approve a renewal, the Director must make the findings
required for initial approval. (Ord. 941 - 1 (part), 1982: prior code - 9204.2(G))
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Chapter 17.60: VARIANCES
Sections:
17.60.010 Intent.
17.60.020
Scope.
17.60.030
Procedure.
17.60.040
Findings.
17.60.050
Expiration.
17.60.010 Intent.
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The variance procedure is intended to allow minor relaxation by the Director of certain
standards that would otherwise prevent a property from being used in the same manner
as other, similar property, where the intent of these regulations is not compromised by
such minor relaxation. (Ord. 941 - 1 (part), 1982: prior code - 9204.3(A))
17.60.020 Scope.
Yards, height limits, coverage and parking space requirements may be relaxed. No
variance to use regulations or density standards may be granted. (Ord. 941 - 1 (part),
1982: prior code - 9204.3(B))
17.60.030 Procedure.
A. Application shall be in the form prescribed by the Director, shall state the precise
nature of the grounds for the variance sought, and shall generally follow the form
established for use permits.
B. Notification requirements and actions of the Director shall be as provided for
administrative use permits in Section 17.58.030A. (See also Section 17.58.03063.
(Ord. 941 - 1 (part), 1982: prior code - 9204.3(C))
17.60.040 Findings.
In order to approve a variance, the Director, Planning Commission or Council must make
each of the following findings:
A. That 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;
B. That the variance will not constitute a grant of special privilege - an entitlement
inconsistent with the limitations upon other properties in the vicinity with the same
zoning;
C. That the variance will not adversely affect the health, safety or general welfare of
persons residing or working on the site or in the vicinity. (Ord. 941 - 1 (part), 1982:
prior code - 9204.3(D))
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17.60.050 Expiration.
If the entitlement authorized by variance is not established within one year of the date of
approval or such longer time as may be stipulated as a condition of approval, the variance
shall expire. Upon written request received prior to expiration, the Director may grant
renewals of variance approval for successive periods of not more than one year each.
Approvals of such renewals shall be in writing and for a specific period. Renewals may
be approved with new or modified conditions upon a finding that the circumstances under
which the variance was originally approved have substantially changed. Renewal of a
variance shall not require public notice or hearing, unless the renewal is subject to new or
modified conditions. In order to approve a renewal, the Director must make the findings
required for initial approval. (Ord. 1006 - 1 (part), 1984: prior code - 9204.3(E))
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Chapter 17.64: REPEAT APPLICATIONS
Sections:
17.64.010 Waiting period of one year required when- Exceptions.
17.64.010 Waiting period of one year required when- Exceptions.
A. When any application made pursuant to these regulations has been denied, no new
application which is substantially the same shall be filed within one year of the date of
the previous denial unless the Planning Commission, for good cause, shall grant
permission to do so, or the Council or Planning Commission shall initiate such
application.
B. The Director shall determine when an application is substantially the same as a
previous application, subject to the appeal procedures of Chapter 17.66. (Ord. 941 -1
(part), 1982: prior code - 9204.9)
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Chapter 17.66: APPEALS
Sections:
17.66.010
Standing to appeal.
17.66.020
Time limits.
17.66.030
Course of appeals.
17.66.040
Content of appeals.
17.66.050
Hearings and notice.
17.66.010 Standing to appeal.
Any person may appeal a decision of any official body, except that administrative
decisions requiring no discretionary judgment, as provided in Chapter 1.20, may not be
appealed. (Ord. 941 - 1 (part), 1982: prior code - 9204.8(A))
17.66.020 Time limits.
Appeals must be filed within 10 calendar days of the rendering of a decision which is
being appealed. If the tenth day is a Saturday, Sunday or holiday, the appeal period shall
extend to the next business day. (Ord. 941 - 1 (part), 1982: prior code - 9204.8(B))
17.66.030 Course of appeals.
A. Decisions of the Director shall be appealed to the Planning Commission. Such
appeals shall be filed with the Director.
B. Decisions of the Planning Commission shall be appealed to the Council. Such
appeals shall be filed with the City Clerk. (Ord. 941 - 1 (part), 1982: prior code -
9204.8(C))
17.66.040 Content of appeals.
The appeal shall concern a specific action and shall state the grounds for appeal. (Ord.
941 - 1 (part), 1982: prior code - 9204.8(D))
17.66.050 Hearings and notice.
A. Action on appeals shall be considered at the same type of hearing and after the same
notice that is required for the original decision.
B. Once an appeal has been filed, it shall be scheduled for the earliest available
meeting, considering public notice requirements, unless the appellant agrees to a
later date. (Ord. 941 - 1 (part), 1982: prior code - 9204.8(E))
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Chapter 17.68: FEES
Sections:
17.68.010 Establishment authority.
17.68.010 Establishment authority.
junE 2008
The Council may, by resolution, establish fees for applications and procedures required
by these regulations, to the extent such fees have a reasonable relationship to the costs
incurred in processing the applications and providing public notice. (Ord. 941 - 1 (part),
1982: prior code - 9204.10)
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Chapter 17.70: AMENDMENTS
Sections:
17.70.010
Scope.
17.70.020
Initiation.
17.70.030
Planning Commission action.
17.70.040
Council action.
17.70.050 Annexation and prezoning.
17.70.060 Other requirements.
17.70.010 Scope.
An amendment to these regulations which changes any property from one zone to
another shall be adopted as set forth in Sections 17.70.020 through 17.70.060. Any other
amendment to these regulations may be adopted as other ordinances and amendments
to the Municipal Code are adopted. (Ord. 941 - 1 (part), 1982: prior code - 9204.7(A))
17.70.020 Initiation.
An amendment to these regulations may be initiated by:
A. A resolution of intention of the Planning Commission;
B. A resolution of intention of the Council; or
C. An application by any other person or agency in the form prescribed by the Director.
(Ord. 941 - 1 (part), 1982: prior code - 9204.7(B))
17.70.030 Planning Commission action.
A. Before taking any action on a proposed zone change, the Planning Commission shall
hold a public hearing. Notice of the time, date, place and purpose of the hearing shall
be given in each of the following ways at least 10 calendar days before the hearing:
1. Publication in a newspaper of general circulation within the city;
2. Posting each street frontage of the property to be rezoned, or the nearest street
access if the property does not abut a dedicated street;
3. First -class mail to owners of the property to be rezoned and of property within a
radius of 300 feet, as listed in the most recent annual revision of the County
Assessor's roll.
B. Failure to post or notify by mail shall not invalidate any amendments duly adopted.
C. If the Planning Commission approves a rezoning or denies a Council- initiated
rezoning, its action shall be a written recommendation to the Council, including any
findings required for approval.
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D. If the Planning Commission denies a rezoning which it or a private party has initiated,
the action shall be final unless appealed. It shall be rendered in writing and shall
state the reasons for denial. (Ord. 941 - 1 (part), 1982: prior code - 9204.7(C))
17.70.040 Council action.
Before taking action on a recommendation of the Planning Commission, the Council shall
hold a public hearing for which notice shall be given as provided in Section 17.70.030.
(Ord. 941 - 1 (part), 1982: prior code - 9204.7(D))
17.70.050 Annexation and prezoning.
Any area annexed to the city shall be prezoned consist with the general plan or classified
C /OS until rezoned after annexation. (Ord. 941 - 1 (part), 1982; prior code - 9204.7(E))
17.70.060 Other requirements.
Procedures for prezoning and adoption of urgency interim regulations shall be as
provided in the California Government Code. Requirements for the scheduling of zoning
hearings in relation to general plan amendments, reports from the Planning Commission
to the Council upon referral, and all other matters not prescribed in greater detail in these
regulations shall be as provided in the Government Code. (Ord. 941 - 1 (part), 1982: prior
code - 9204.7(F))
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Chapter 17.72: ENFORCEMENT
Sections:
17.72.010 Delegation of authority.
17.72.020 Violations.
17.72.010 Delegation of authority.
The Director shall be responsible for enforcing these regulations and shall issue no permit
in conflict with them. Any such permit issued shall be void. (Ord. 941 - 1 (part), 1982:
prior code - 9204.6(A))
17.72.020 Violations.
A. General Regulations and Requirements. The Director shall enforce these regulations
in accordance with provisions of this code and any other procedures as may be
adopted by resolution of the Council.
B. Revocation of Use Permits, Variances and Home Occupation Permits.
A use permit or variance shall be automatically revoked if not used within one
year, unless a longer period is specified in the approval, or unless an extension is
granted.
All types of permits and variances may be revoked by the body that originally
approved them, upon determining that any of the conditions have been violated.
Procedures for revocation shall be as prescribed for issuance of the permit,
including written notice to the permittee at least 10 calendar days before the
hearing. (Ord. 941 - 1 (part), 1982: prior code - 9204.6(B))
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Chapter 17.74: Building Setback Lines
Sections:
17.74.010 Title.
17.74.020 Purpose — Adoption of building setback lines.
17.74.030 Purpose — Protection of master street and highway plan.
17.74.040 Designation on maps— Contents of maps.
17.74.050 City clerk to keep up -to -date copies of maps showing official building
setback lines.
17.74.060 Adoption — Planning commission public hearing.
17.74.070 Adoption — Council public hearing.
17.74.080 Adoption —Maps to be a part of chapter provisions— Designation of
official centerline.
17.74.090 Laurel Lane.
17.74.100 Foothill Boulevard.
17.74.110 South Street.
17.74.120 Johnson Avenue.
17.74.130 Broad Street (Monterey to SE City Limits).
17.74.140 Orcutt Road (Broad to Johnson).
17.74.150 California Boulevard and San Luis Drive.
17.74.160 South Higuera Street.
17.74.170 Higuera Street (Marsh to Madonna).
17.74.180 Santa Rosa Street (Monterey to Murray).
17.74.190 Higuera Street (Prado Road to south city limit).
17.74.200 Santa Rosa Street (Monterey to Marsh).
17.74.210 Osos Street (Monterey to Higuera).
17.74.215 Santa Barbara Avenue (High Street to Broad Street).
17.74.220 No new structures to be in setback area — Exceptions.
17.74.230 Appeals from Section 17.74.220 — Procedure.
17.74.240 Enforcement — Nonconforming buildings and structures declared
unlawful and a nuisance — Abatement.
junE 2008
17.74.010 Title
This chapter shall be known and cited as the "Official Building Setback Line Ordinance" of
the city. (Prior code § 9300.8)
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17.74.020 Purpose— Adoption of building setback lines.
This chapter is enacted to enable adoption of official building setback lines for the city,
and to provide for the designation, recording, enforcement of and appeal from such
official building setback lines. (Prior code § 9300)
17.74.030 Purpose— Protection of master street and highway plan.
The purpose of this chapter is to protect the master street and highway plan adopted by
the city. The street and highway plan is being adopted in order to:
A. Serve as a general guide for the development of streets and highways;
B. Promote the public welfare, safety and convenience;
C. Provide a comprehensive guide for capital outlay on street and highway
improvements in the city;
D. Provide an authentic source of information for residents and investors in the city;
E. To obviate the menace to the public safety and the damage to property values
resulting from inadequate provision of traffic thoroughfares. (Prior code § 9300.1)
17.74.040 Designation on maps— Contents of maps.
A. Official building setback lines shall be designated on maps drawn up by the city
engineer at the request of the council or at the request of the city planning
commission, acting through the council.
B. The official building setback maps shall show all buildings adjacent to the street, or
proposed street, at a scale of one inch equals fifty feet, and they shall show the
existing right -of -way widths, if any, as well as any proposed changes in the street. The
maps shall be titled "Official Building Setback Lines of (name of street or highway)."
There shall be statements of adoption by the planning commission and the council on
each map. (Prior code § 9300.2)
17.74.050 City clerk to keep up -to -date copies of maps showing
official building setback lines.
A. The city clerk is instructed to keep up -to -date maps which shall show the streets or
portions of streets upon which official building setback lines have been established.
B. The maps shall not be recorded. (Prior code § 9300.3)
17.74.060 Adoption — Planning commission public hearing.
In order to adopt any additional building setback line maps, the city planning commission
shall be in receipt of the map from the city engineer and shall hold at least one public
hearing thereon. Notice of the hearing shall be given in a newspaper of general circulation
in the city at least ten days in advance of the first of such hearings. The city planning
commission shall submit its findings in writing to the council within ninety days after the
notice of the hearing. (Prior code § 9300.4.1)
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17.74.070 Adoption — Council public hearing.
JunE 2008
Upon receipt of the report from the city planning commission, the council shall set a date
for at least one public hearing and give public notice of the hearing as prescribed by law.
At such time as the hearing is concluded by the council, it may adopt the official building
setback line map as an amendment to Section 17.74.080, or resubmit the map to the
planning commission for further study. (Prior code § 9300.4.2)
17.74.080 Adoption —Maps to be a part of chapter provisions —
Designation of official centerline.
Official building setback line maps and all the notations thereon are made a part of this
chapter at the time of their adoption by the council, and the maps constitute sections
under this chapter. The centerline shown on any building setback line map is designated
as the official centerline of the street. (Prior code § 9300.4.3)
17.74.090 Laurel Lane.
The map adopted by Ordinance 48, 1957 Series, is designated as the "Official Building
Setback Lines of Laurel Lane," dated July 15, 1957, and the building setback line is forty -
three feet in commercial and manufacturing land use districts, and thirty -eight feet in
residential land use districts, on both sides of the centerline shown on the map. (Prior
code § 9300.4.4)
17.74.100 Foothill Boulevard.
The map adopted by Ordinance No. 56, 1957 Series, is designated as the "Official
Building Setback Lines of Foothill Boulevard," and the building setback line is forty -three
feet in the commercial and manufacturing land use districts, and thirty -eight feet in
residential land use districts, on both sides of the centerline shown on the map, except on
Sheets 2A and 3A as amended by Ordinance No. 346, 1966 Series. (Prior code
§ 9300.4.5)
17.74.110 South Street.
The map adopted by Ordinance 85, 1958 Series, is designated as the "Official Building
Setback Lines of South Street," and the building setback line is forty -three feet in
commercial and manufacturing land use districts, and thirty -eight feet in residential land
use districts, on both sides of the centerline shown on the map. (Prior code § 9300.4.6)
17.74.120 Johnson Avenue.
The map adopted by Ordinance 130, 1959 Series, is designated as the "Official Building
Setback Lines of Johnson Avenue," and the building setback line is forty -three feet in
commercial and manufacturing land use districts, on both sides of the centerline shown
on the map. (Prior code § 9300.4.7)
17.74.130 Broad Street (Monterey to SE City Limits).
An official building setback line is established on both sides of Broad Street, from Higuera
Street to the southeasterly city limit line excepting therefrom that portion from Pismo
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Street to High Street, for forty feet from the existing centerline of said portion of Broad
Street. (Ord. 1057 § 2, 1986; prior code § 9300.4.8)
17.74.140 Orcutt Road (Broad to Johnson).
An official building setback line is established on both sides of Orcutt Road, between
Broad Street and Johnson Avenue, in accordance with the official map designated
"Official Building Setback Line for Orcutt Road between Broad Street and Johnson
Avenue" dated November 4, 1963, as amended by the city council by ordinance on
February 16, 1982, and as amended by the city council by ordinance on August 16, 1994,
on file in the office of the city clerk. Provided, that the setback line may be amended in the
event that the city, in its sole discretion, chooses to construct, or cause to be constructed,
improvements which require a reduced area. (Ord. 1269 § 2, 1994; Ord. 921 § 2, 1982:
prior code § 9300.4.9)
17.74.150 California Boulevard and San Luis Drive.
The map adopted by Ordinance 313, 1965 Series, is designated as the "Official Building
Setback Line of California Boulevard and San Luis Drive," said map being dated May 17,
1965. (Prior code § 9300.4.11)
17.74.160 South Higuera Street.
The map adopted by Ordinance No. 313, 1965 Series, is designated as the "Official
Building Setback Line of South Higuera Street," said map being dated June 7, 1965.
(Prior code § 9300.4.12)
17.74.170 Higuera Street (Marsh to Madonna).
The official building setback line is established on the west side of Higuera Street from
Marsh Street to Madonna Road, in accordance with the official map designated "Official
Building Setback Line for South Higuera Street, between Marsh Street and Madonna
Road," dated September 7, 1965, as amended by the city council by ordinance on April
21, 1981, and as amended by the city council by ordinance on September 18, 2001, on
file in the office of the city clerk. (Ord. 1399 § 2, 2001: prior code § 9300.4.13)
17.74.180 Santa Rosa Street (Monterey to Murray).
An official building setback line is established along both sides of Santa Rosa Street from
Monterey Street to Murray Street and shall be forty -five feet from the centerline of the
Santa Rosa Street. No person shall erect or construct, or cause to be erected or
constructed, or begin to erect or construct any building, wall, fence, sign or other structure
within the space between the setback lines described in this section, and the line of the
street in front of the property on which the setback lines exist. (Prior code § 9300.4.14)
17.74.190 Higuera Street (Prado Road to south city limit).
An official building setback line is established along both sides of Higuera Street from
Prado Road to the southerly city limits in accordance with the map dated January 20,
1969, on file in the office of the city clerk, and the line shall be forty -two feet from the
centerline on both sides of Higuera Street. (Prior code § 9300.4.15)
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17.74.200 Santa Rosa Street (Monterey to Marsh).
junE 2008
An official building setback line is established along both sides of Santa Rosa Street
between Monterey Street and Marsh Street in accordance with the map dated January 20,
1969, on file in the office of the city clerk and the line shall be forty feet from the centerline
on both sides of Santa Rosa Street. (Prior code § 9300.4.16)
17.74.210 Osos Street (Monterey to Higuera).
An official building setback line is established along both sides of Osos Street between
Monterey Street and Higuera Street, in accordance with the official map dated November
3, 1969, on file in the office of the city clerk, and the line shall be twenty -nine feet from the
centerline on both sides of Osos Street. (Prior code § 9300.4.17)
17.74.215 Santa Barbara Avenue (High Street to Broad Street).
An official building setback line is established at thirty -seven feet easterly of the existing
centerline of Santa Barbara Avenue, from High Street to Broad Street (State Highway
227), along with seventeen -foot radius property returns at the High Street and
Roundhouse Avenue intersections, in accordance with the map dated November 6, 2001,
on file in the office of the city clerk. (Ord. 1401 § 2, 2001)
17.74.220 No new structures to be in setback area — Exceptions.
A. No building permit shall be issued for and no building or structure shall hereafter be
erected or placed within the official building setback line of streets or highways
established by this chapter, nor within the yard areas designated under Division 1 of
Title 17 of this code, measured from the official setback lines established by this
chapter, except as provided for under Section 17.74.230.
B. All buildings or structures as they are presently located and built along streets named
in this chapter, and for which setback lines have been or are hereby established, are
expressly excepted from the effects hereof. (Prior code § 9300.5)
17.74.230 Appeals from Section 17.74.220 — Procedure.
A. The council, upon receipt of a recommendation from the city planning commission,
shall hear and decide appeals for variances in the strict application of Section
17.74.220, or for the elimination of the setback ordinance from any property damaged
thereby.
B. The owner of any property affected by established official building setback lines may
appeal the strict interpretation of Section 17.74.220, or seek to be excluded from the
effect thereof. The appeal shall be made in writing to the city planning commission.
C. In order to make a recommendation contrary to the provisions stated in Section
17.74.220, or to recommend that any property be completely excepted from the
building setback line restrictions, the city planning commission must find:
1. That the property of which the official building setback line is a part of such nature
that the owner of the land will be substantially damaged by the refusal to grant the
permit or exception therefrom;
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2. That the property will not earn a fair return on the owner's investment unless the
construction involved is authorized;
3. That the granting of the application is necessary for the preservation of
substantial property rights.
D. Upon receipt of the report from the city planning commission, or upon expiration of
sixty days from the time the applicant filed his or her appeal with the city planning
commission, the council shall set a date for a public hearing thereon with notices as
required by law. At the conclusion of the public hearings the council may grant the
applicant a variance from the provisions of Section 17.74.220 or completely except
the applicant's land from the effect of the official building setback line.
E. In order to grant a variance or exception contrary to Section 17.74.220, the council
must find:
1. That the property of which the official building setback line is a part is of such
nature that the owner of the land will be substantially damaged by the refusal to
grant the permit or exception; or
2. That the property will not earn a fair return on the owner's investment unless the
construction involved is authorized; or
3. That the granting of the application is necessary for the preservation of
substantial property rights.
F. If property which, by the appeal process, has been excepted from the official building
setback line otherwise fronting thereon, is sought to be used for improvements which
would have been prevented by the effect of the particular building setback line, no
building permit shall be granted without the council having first been given sixty days
within which it may choose, by resolution, to acquire such of the property as is
necessary for future street widening purposes. If the council chooses not to acquire
the property, the council shall then determine whether a permit should be granted the
applicant. (Prior code § 9300.6)
17.74.240 Enforcement — Nonconforming buildings and structures
declared unlawful and a nuisance — Abatement.
A. It shall be the duty of the city official vested with the authority of issuing building
permits to enforce this chapter. The official shall not issue any such permit in conflict
with the terms of this chapter, and any such permit or license issued in conflict with
the provisions of this chapter shall be null and void.
B. Any building or structure erected or moved contrary to the provisions of this chapter
shall be and the same is declared to be unlawful and a public nuisance; and the city
attorney shall, upon order of the council, immediately commence action or
proceedings for the abatement and removal and enjoinment thereof in the manner
provided by law, and shall take such other steps and shall apply to such courts as
may have jurisdiction to grant such relief as will abate and remove such building or
structure. (Prior code § 9300.7)
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Chapter 17.76: Street Right -of -Way Dedication and Improvement
Sections:
17.76.010
Purpose.
17.76.020
General requirements and procedures.
17.76.030
Special requirements.
17.76.060
Appeal
17.76.010 Purpose.
This chapter establishes requirements and procedures for the purchase, dedication and
improvement of the street right -of -way specified in Chapter 17.74 and in the circulation
element of the general plan. (Prior code § 9310)
17.76.020 General requirements and procedures.
A. The city engineer shall establish setback lines and grades for the purchase,
dedication or improvement of any street right -of -way specified in Chapter 17.74. The
city engineer shall also resolve any uncertainty regarding these setback lines and
grades.
B. If purchase or dedication of property creates nonconforming conditions, the city shall
record this nonconformity with the county recorder for the information of future
property owners.
C. When feasible, the city shall ensure that overhead utility lines along the proposed
right -of -way are placed underground prior to completion of the street widening.
D. When funds are available, the city shall ensure that inadequate or deficient public
facilities (water, sewer, fire hydrant, storm drain) are replaced prior to completion of
the street widening.
E. When funds are available, the city shall ensure that. street trees are planted in
conjunction with the street widening. Under specified conditions, the city may require
property owners to plant required trees.
F. Replaced private signs shall conform to the current sign ordinance codified in Chapter
15.40.
G. The city cannot guarantee a permanent right to curbside parking.
H. Any person required to dedicate property or make improvements under the provisions
of this chapter, including any resolutions adopted pursuant to Section 17.76.030, may
appeal any determination made by the city engineer or any application of these
provisions to his or her property. The appeal shall be to the council pursuant to the
procedures set forth in Chapter 1.20. If as part of the appeal a request is made to
vary from aforementioned provisions, the appeal shall be granted only upon a finding
that imposing the provision appealed from creates an undue hardship which does not
apply to other properties similarly situated.
I. Notwithstanding the provisions of this chapter, new subdivisions shall adhere to the
requirements stated in Title 16 of this code. (Prior code § 9310.1)
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17.76.030 Special requirements.
The council shall adopt a resolution establishing requirements under the following
conditions:
A. Where the city initiates construction of a street widening and purchases property lying
within a proposed right -of -way;
B. Where a property owner applies to improve property;
C. Where a property owner applies for a use permit;
D. Where a property owner voluntarily dedicates property lying within a proposed right -
of -way (Prior code § 9310.2)
17.76.060 Appeal.
Any person required to dedicate land or make improvements under the provisions of this
chapter may appeal to the council, in writing, any determination made by the city engineer
or the application of these provisions to his or her property. The appeal must be filed prior
to execution of the agreement to make the dedication and /or improvements and must set
forth any grounds of undue hardship which does not apply to other property owners
affected by this chapter. Upon finding by the council of such undue hardship, the council
may make such modifications in the dedication and improvements as the council deems
just. (Prior code § 9310.3)
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Chapter 17.80: General Plan Amendment Regulations
Sections:
17.80.010 Title.
17.80.020 Amendments to be made in manner provided in this chapter.
17.80.030
Purpose.
17.80.040
Initiation of amendments — Applications.
17.80.050
Schedule for amendments.
17.80.060
Planning commission actions.
17.80.070
City council actions.
17.80.080
Coordination of plan amendments.
17.80.010 Title.
This chapter shall be known and may be cited as the "general plan amendment
regulations of the city." (Prior code § 9600)
17.80.020 Amendments to be made in manner provided in this
chapter.
The general plan or any part or element thereof shall be amended in the manner provided
in this chapter. (Prior code § 9601)
17.80.030 Purpose.
It is the purpose of this chapter to provide for the orderly processing of general plan
amendments in a manner consistent with the overall goals of the community's planning
program and the requirements of the California law. In particular, this chapter is intended
to:
A. Assure that the general plan is amended for good reason and with due consideration
of community -wide interests;
B. Help achieve and maintain internal consistency of general plan elements and
conformance between the plan and implementing techniques, such as zoning; and
C. Establish rights and assign responsibilities for the persons and agencies involved in
general plan administration so each can perform fairly and effectively. (Prior code
§ 9602)
17.80.040 Initiation of amendments — Applications.
A. Initiation of Amendment by Planning Commission or Council. The planning
commission or the council may initiate general plan amendments at any time by
directing staff to prepare the necessary analysis and scheduling the proposed
amendment for consideration at a hearing, as provided in Section 17.80.050.
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B. Applications to Initiate Amendments. Any person may request an amendment of
the general plan by filing an application with the department of community
development. Such application shall include:
A description of the proposed amendment, including, as may be necessary,
additions or modifications to the text and graphics of adopted general plan
elements or reports;
2. A statement explaining how the proposed change will better reflect community
desires as expressed in general plan goals and policies;
3. If the amendment involves change of a basic goal or policy, why the change is
warranted by new information or reevaluation of community needs;
4. An analysis of how the proposed change will beneficially and detrimentally affect
adjacent areas or shared resources. This analysis may take the form of a draft
environmental impact report;
5. A description of how the amendment of one policy may reinforce or conflict with
related policies, including those in other elements;
6. Such other supporting data as the director may require to enable evaluation of the
proposal;
7. A fee sufficient to cover the expected costs incurred in processing the application,
to be established by resolution of the council. (Ord. 1346 § 2 (part), 1999; Ord.
1108 § 1 Ex. A (part), 1987: prior code § 9603)
17.80.050 Schedule for amendments.
Any element of the general plan may be amended not more than four times each year.
Each amendment may include more than one change to the general plan. Such
amendments may be scheduled at any time deemed necessary or convenient. The
planning commission may review individual amendments as often as necessary, but the
city council must consider them in no more than four batches per year, so that cumulative
effects of such amendments can be considered. (Ord. 1346 § 2 (part), 1999: Ord. 1108
§ 1 Ex. A (part), 1987: prior code § 9604)
17.80.060 Planning commission actions.
A. Public Hearings— Notice. The planning commission shall hold at least one public
hearing before taking action on any general plan amendment. Notice of the date, time
and place of the hearing shall be given at least ten calendar days before the hearing
by publication of the notice, describing the nature of the proposed amendment(s), in a
newspaper of general circulation within the city.
B. Resolution. The approval of the planning commission of any amendment to the
general plan shall be by resolution of the commission adopted by the affirmative vote
of not less than a majority of its total voting members.
C. Transmittal to Council. Upon approval by the planning commission of any general
plan amendment or denial of a city council initiated amendment, it shall be transmitted
to the council with the planning commission's report and recommendation.
D. Appeals. Any denial by the planning commission maybe appealed to the city council.
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E. Other Situations. When neither a majority of the commission recommends approval
nor a majority of a quorum recommends denial, the planning commission may
transmit the amendment to the council with a report explaining the situation and
stating the recommendations of the individual commissioners. (Ord. 1108 § 1 Ex. A
(part), 1987: prior code § 9605)
17.80.070 City council actions.
A. Public Hearings— Notice. Upon transmittal from the planning commission or upon
appeal from the applicant, the council shall hold at least one public hearing on
proposed general plan amendments. Notice of the time, place and subject of the
hearing shall be given as provided in Section 17.80.060(A).
B. Resolution. Any amendment of the general plan shall be adopted by resolution of the
council adopted by the affirmative vote of not less than three of its members.
C. Referral of Council Changes. In adopting any general plan amendment which has
been approved by the planning commission, the council shall not make any
substantive changes or additions involving issues not considered by the planning
commission in their review, until the proposed change or addition has been referred
to the planning commission for a report and the report has been filed with the council.
Failure of the planning commission to report within forty calendar days after the
referral, or such longer period as may be designated by the council, shall be deemed
to be approval of the change or addition. (Ord. 1108 § 1 Ex. A (part), 1987: prior code
§ 9606)
17.80.080 Coordination of plan amendments.
Changes in policy or land use designations which involve more than one element shall be
made as concurrent amendments to the related elements in order to maintain internal
plan consistency. (Ord. 1108 § 1 Ex. A (part), 1987)
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Chapter 17.82: Residential Condominium
Development and Conversion
(Repealed by Ord. 1490)
PACK 147
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zonlnq izequlations junE 2008
Chapter 17.84: Floodplain Management Regulations*
Sections:
17.84.010 Statutory authorization, findings of fact and purpose and methods.
17.84.020 Definitions.
17.84.030 General provisions.
17.84.040 Administration.
17.84.050 Provisions for flood hazard reduction.
17.84.060 Variance procedure.
*Prior history: Prior code §§ 9800 -9816; Ords. 1093 and 1259.
17.84.010 Statutory authorization, findings of fact and purpose and
methods.
A. Statutory Authorization. The Legislature of the State of California has in
Government Code Sections 65302, 65560, and 65800 conferred upon local
governments the authority to adopt regulations designed to promote the public health,
safety, and general welfare of its citizenry. Therefore, the city council of the city of San
Luis Obispo does hereby adopt the following floodplain management regulations.
B. Findings of Fact.
1. The flood hazard areas of the city of San Luis Obispo are subject to periodic
inundation which results in loss of life and property, health and safety hazards,
disruption of commerce and governmental services, extraordinary public
expenditures for flood protection and relief, and impairment of the tax base, all of
which adversely affect the public health, safety, and general welfare.
2. These flood losses are caused by uses that are inadequately elevated,
floodproofed, or protected from flood damage. The cumulative effect of
obstructions in areas of special flood hazards which increase flood heights and
velocities also contributes to flood losses.
C. Statement of Purpose. It is the purpose of this chapter to promote the public health,
safety, and general welfare, and to minimize public and private losses due to flood
conditions in specific areas by legally enforceable regulations applied uniformly
throughout the community to all publicly and privately owned land within flood - prone,
mudslide [i.e., mudflowj or flood - related erosion areas. These regulations are
designed to:
1. Protect human life and health;
2. Minimize expenditure of public money for costly flood control projects;
3. Minimize the need for rescue and relief efforts associated with flooding and
generally undertaken at the expense of the general public;
4. Minimize prolonged business interruptions;
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5. Minimize damage to public facilities and utilities such as water and gas mains;
electric, telephone and sewer lines; and streets and bridges located in areas of
special flood hazard;
6. Help maintain a stable tax base by providing for the sound use and development
of areas of special flood hazard so as to minimize future blighted areas caused by
flood damage;
7. Ensure that potential buyers are notified that property is in an area of special flood
hazard; and
8. Ensure that those who occupy the areas of special flood hazard assume
responsibility for their actions.
D. Methods of Reducing Flood Losses. In order to accomplish its purposes, this
chapter includes regulations to:
1. Restrict or prohibit uses which are dangerous to health, safety, and property due
to water or erosion hazards, or which result in damaging increases in erosion or
flood heights or velocities;
2. Require that uses vulnerable to floods, including facilities which serve such uses,
be protected against flood damage at the time of initial construction;
3. Control the alteration of natural floodplains, stream channels, and natural
protective barriers, which help accommodate or channel floodwaters;
4. Control filling, grading, dredging, and other development which may increase
flood damage;
5. Prevent or regulate the construction of flood barriers which will unnaturally divert
floodwaters or which may increase flood hazards in other areas; and
6. These regulations take precedence over any less restrictive conflicting local laws,
ordinances and codes. (Ord. 1494 § 1, 2006)
17.84.020 Definitions.
Unless specifically defined below, words or phrases used in this chapter shall be
interpreted so as to give them the meaning they have in common usage and to give this
chapter its most reasonable application.
A zone. See "Special flood hazard area (SFHA)."
"Accessory structure" means a structure that is:
1. Solely for the parking of no more than two cars; or
2. A small, low -cost shed for limited storage, less than one hundred fifty square feet
and one thousand five hundred dollars in value.
"Accessory use" means a use which is incidental and subordinate to the principal use of
the parcel of land on which it is located.
"Alluvial fan" means a geomorphologic feature characterized by a cone or fan - shaped
deposit of boulders, gravel, and fine sediments that have been eroded from mountain
slopes, transported by flood flows, and then deposited on the valley floors, and which is
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subject to flash flooding, high velocity flows, debris flows, erosion, sediment movement
and deposition, and channel migration.
"Apex" means a point on an alluvial fan or similar landform below which the flow path of
the major stream that formed the fan becomes unpredictable and alluvial fan flooding can
occur.
"Appeal" means a request for a review of the floodplain administrator's interpretation of
any provision of this chapter.
"Area of shallow flooding" means a designated AO or AH zone on the flood insurance rate
map (FIRM). The base flood depths range from one to three feet; a clearly defined
channel does not exist; the path of flooding is unpredictable and indeterminate; and
velocity flow may be evident. Such flooding is characterized by ponding or sheet flow.
Area of special flood hazard. See "Special flood hazard area (SFHA)."
"Base flood" means a flood which has a one percent chance of being equaled or
exceeded in any given year (also called the "one- hundred -year flood "). "Base flood" is the
term used throughout this chapter.
"Base flood elevation (BFE)" means the elevation shown on the flood insurance rate map
for zones AE, AH, Al -30, VE and V1 -V30 that indicates the water surface elevation
resulting from a flood that has a one percent or greater chance of being equaled or
exceeded in any given year.
"Basement" means any area of the building having its floor subgrade, i.e., below ground
level, on all sides.
Building. See "Structure."
"Development" means any manmade change to improved or unimproved real estate,
including but not limited to buildings or other structures, mining, dredging, filling, grading,
paving, excavation or drilling operations or storage of equipment or materials.
"Encroachment" means the advance or infringement of uses, plant growth, fill, excavation,
buildings, permanent structures or development into a floodplain which may impede or
alter the flow capacity of a floodplain.
"Existing manufactured home park or subdivision" means a manufactured home park or
subdivision for which the construction of facilities for servicing the lots on which the
manufactured homes are to be affixed (including, at a minimum, the installation of utilities,
the construction of streets, and either final site grading or the pouring of concrete pads) is
completed before February 20, 1979.
"Expansion to an existing manufactured home park or subdivision" means the preparation
of additional sites by the construction of facilities for servicing the lots on which the
manufactured homes are to be affixed (including the installation of utilities, the
construction of streets, and either final site grading or the pouring of concrete pads).
"Flood, flooding, or floodwater" means a general and temporary condition of partial or
complete inundation of normally dry land areas from the overflow of inland or tidal waters;
the unusual and rapid accumulation or runoff of surface waters from any source; and /or
mudslides (i.e., mudflows); and the condition resulting from flood - related erosion.
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jum 2008 zonlng, izequLdtions
"Flood boundary and floodway map (FBFM)" means the official map on which the Federal
Emergency Management Agency or Federal Insurance Administration has delineated
both the areas of special flood hazards and the floodway.
"Flood insurance rate map (FIRM)" means the official map on which the Federal
Emergency Management Agency or Federal Insurance Administration has delineated
both the areas of special flood hazards and the risk premium zones applicable to the
community.
"Flood insurance study" means the official report provided by the Federal Insurance
Administration that includes flood profiles, the flood insurance rate map, the flood
boundary and floodway map, and the water surface elevation of the base flood.
"Floodplain or flood -prone area" means any land area susceptible to being inundated by
water from any source. See "Flood, flooding or floodwater."
"Floodplain administrator" is the community official designated by title to administer and
enforce the floodplain management regulations.
"Floodplain management" means the operation of an overall program of corrective and
preventive measures for reducing flood damage and preserving and enhancing, where
possible, natural resources in the floodplain, including but not limited to emergency
preparedness plans, flood control works, floodplain management regulations, and open
space plans.
"Floodplain management regulations" means this chapter and other zoning ordinances,
subdivision regulations, building codes, health regulations, special purpose ordinances
(such as grading and erosion control) and other application of police power which control
development in flood -prone areas. This term describes federal, state or local regulations
in any combination thereof which provide standards for preventing and reducing flood loss
and damage.
"Flood proofing" means any combination of structural and nonstructural additions,
changes, or adjustments to structures which reduce or eliminate flood damage to real
estate or improved real property, water and sanitary facilities, structures, and their
contents. For guidelines on dry and wet floodproofing, see FEMA Technical Bulletins TB
1 -93, TB 3 -93, and TB 7 -93.
"Floodway" means the channel of a river or other watercourse and the adjacent land
areas that must be reserved in order to discharge the base flood without cumulatively
increasing the water surface elevation more than one foot. Also referred to as "regulatory
floodway."
"Floodway fringe" is that area of the floodplain on either side of the regulatory floodway
where encroachment may be permitted.
"Fraud and victimization" as related to Section 17.84.060, means that the variance
granted must not cause fraud on or victimization of the public. In examining this
requirement, the city council will consider the fact that every newly constructed building
adds to government responsibilities and remains a part of the community for fifty to one
hundred years. Buildings that are permitted to be constructed below the base flood
elevation are subject during all those years to increased risk of damage from floods, while
future owners of the property and the community as a whole are subject to all the costs,
inconvenience, danger, and suffering that those increased flood damages bring. In
addition, future owners may purchase the property, unaware that it is subject to potential
flood damage, and can be insured only at very high flood insurance rates.
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"Functionally dependent use" means a use which cannot perform its intended purpose
unless it is located or carried out in close proximity to water. The term includes only
docking facilities, port facilities that are necessary for the loading and unloading of cargo
or passengers, and ship building and ship repair facilities, and does not include long -term
storage or related manufacturing facilities.
"Governing body" is the local governing unit, i.e., county or municipality, that is
empowered to adopt and implement regulations to provide for the public health, safety
and general welfare of its citizenry.
"Hardship" as related to Section 17.84.060 means the exceptional hardship that would
result from a failure to grant the requested variance. The city council requires that the
variance be exceptional, unusual, and peculiar to the property involved. Mere economic or
financial hardship alone is not exceptional. Inconvenience, aesthetic considerations,
physical handicaps, personal preferences, or the disapproval of one's neighbors likewise
cannot, as a rule, qualify as an exceptional hardship. All of these problems can be
resolved through other means without granting a variance, even if the alternative is more
expensive, or requires the property owner to build elsewhere or put the parcel to a
different use than originally intended.
"Highest adjacent grade" means the highest natural elevation of the ground surface prior
to construction next to the proposed walls of a structure.
"Historic structure" means any structure that is:
1. Listed individually in the National Register of Historic Places (a listing maintained
by the Department of Interior) or preliminarily determined by the Secretary of the
Interior as meeting the requirements for individual listing on the National Register;
2. Certified or preliminarily determined by the Secretary of the Interior as
contributing to the historical significance of a registered historic district or a district
preliminarily determined by the Secretary to qualify as a registered historic district;
3. Individually listed on a state inventory of historic places in states with historic
preservation programs which have been approved by the Secretary of Interior; or
4. Individually listed on the city's master list of historic structures, provided this local
inventory is consistent with state - approved or certified historic preservation
programs as determined by the Secretary of the Interior or directly by the
Secretary of the Interior in states without approved programs.
"Levee" means a manmade structure, usually an earthen embankment, designed and
constructed in accordance with sound engineering practices to contain, control or divert
the flow of water so as to provide protection from temporary flooding.
"Levee system" means a flood protection system which consists of a levee, or levees, and
associated structures, such as closure and drainage devices, which are constructed and
operated in accord with sound engineering practices.
"Lowest floor" means the lowest floor of the lowest enclosed area, including basement
(see "Basement" definition).
1. An unfinished or flood resistant enclosure below the lowest floor that is usable
solely for parking of vehicles, building access or storage in an area other than a
basement area, is not considered a building's lowest floor, provided it conforms to
applicable nonelevation design requirements, including, but not limited to:
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a. The flood openings standard in Section 17.84.050(A)(3);
b. The anchoring standards in Section 17.84.050 (A)(1);
c. The construction materials and methods standards in Section
17.84.050(A)(2); and
d. The standards for utilities in Section 17.84.050(B).
2. For residential structures, all subgrade enclosed areas are prohibited as they are
considered to be basements (see "Basement" definition). This prohibition
includes below -grade garages and storage areas.
"Manufactured home" means a structure, transportable in one or more sections, which is
built on a permanent chassis and is designed for use with or without a permanent
foundation when attached to the required utilities. The term "manufactured home" does
not include a "recreational vehicle."
"Manufactured home park or subdivision" means a parcel (or contiguous parcels) of land
divided into two or more manufactured home lots for rent or sale.
"Market value" is defined in the city of San Luis Obispo substantial improvement and
damage procedures. See Section 17.84.040(B)(2).
"Mean sea level" means, for purposes of the National Flood Insurance Program, the
National Geodetic Vertical Datum (NGVD) of 1929 or other datum, to which base flood
elevations shown on a community's flood insurance rate map are referenced.
"New construction," for floodplain management purposes, means structures for which the
"start of construction" commenced on or after February 20, 1979, and includes any
subsequent improvements to such structures.
"New manufactured home park or subdivision" means a manufactured home park or
subdivision for which the construction of facilities for servicing the lots on which the
manufactured homes are to be affixed (including at a minimum, the installation of utilities,
the construction of streets, and either final site grading or the pouring of concrete pads) is
completed on or after February 20, 1979.
"Obstruction" includes, but is not limited to, any dam, wall, wharf, embankment, levee,
dike, pile, abutment, protection, excavation, channelization, bridge, conduit, culvert,
building, wire, fence, rock, gravel, refuse, fill, structure, vegetation or other material in,
along, across or projecting into any watercourse which may alter, impede, retard or
change the direction and /or velocity of the flow of water, or, due to its location, its
propensity to snare or collect debris carried by the flow of water, or its likelihood of being
carried downstream.
One - hundred -year flood. See "Base flood."
"Program deficiency" means a defect in a community's floodplain management
regulations or administrative procedures that impairs effective implementation of those
floodplain management regulations.
"Public safety and nuisance" as related to Section 17.84.060, means that the granting of a
variance must not result in anything which is injurious to safety or health of an entire
community or neighborhood, or any considerable number of persons, or unlawfully
obstructs the free passage or use, in the customary manner, of any navigable lake, or
river, bay, stream, canal, or basin.
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"Recreational vehicle" means a vehicle which is:
junE 2008
1. Built on a single chassis;
2. Four hundred square feet or less when measured at the largest horizontal
projection;
3. Designed to be self - propelled or permanently towable by a light duty truck; and
4. Designed primarily not for use as a permanent dwelling but as temporary living
quarters for recreational, camping, travel, or seasonal use.
"Regulatory floodway" means the channel of a river or other watercourse and the adjacent
land areas that must be reserved in order to discharge the base flood without cumulatively
increasing the water surface elevation more than one foot.
"Remedy a violation" means to bring the structure or other development into compliance
with state or local floodplain management regulations, or if this is not possible, to reduce
the impacts of its noncompliance. Ways that impacts may be reduced include protecting
the structure or other affected development from flood damages, implementing the
enforcement provisions of this chapter or otherwise deterring future similar violations, or
reducing state or federal financial exposure with regard to the structure or other
development.
"Riverine" means relating to, formed by, or resembling a river (including tributaries),
stream, brook, etc.
Sheet flow area. See "Area of shallow flooding."
"Special flood hazard area (SFHA)" means an area in the floodplain subject to a one
percent or greater chance of flooding in any given year. It is shown on an FHBM or FIRM
as zone A, AO, Al -A30, AE, A99, or AH and includes all areas designated in the city's
waterway management plan as being in the one - hundred -year floodplain.
"Start of construction" includes substantial improvement and other proposed new
development and means the date the building permit was issued, provided the actual start
of construction, repair, reconstruction, rehabilitation, addition, placement, or other
improvement was within one hundred eighty days from the date of the permit. The actual
start means either the first placement of permanent construction of a structure on a site,
such as the pouring of slab or footings, the installation of piles, the construction of
columns, or any work beyond the stage of excavation; or the placement of a
manufactured home on a foundation. Permanent construction does not include land
preparation, such as clearing, grading, and filling; nor does it include the installation of
streets and /or walkways; nor does it include excavation for a basement, footings, piers, or
foundations or the erection of temporary forms; nor does it include the installation on the
property of accessory buildings, such as garages or sheds not occupied as dwelling units
or not part of the main structure. For a substantial improvement, the actual start of
construction means the first alteration of any wall, ceiling, floor, or other structural part of
a building, whether or not that alteration affects the external dimensions of the building.
"Structure" means a walled and roofed building that is principally above ground; this
includes a gas or liquid storage tank or a manufactured home.
"Substantial damage" means damage of any origin sustained by a structure whereby the
cost of restoring the structure to its before - damaged condition would equal or exceed fifty
percent of the market value of the structure before the damage occurred.
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"Substantial improvement" means:
1. Any reconstruction, rehabilitation, addition, or other improvement of a structure,
the cost (cumulatively within any ten -year period) of which equals or exceeds fifty
percent of the market value of the structure before the "start of construction" of
the improvement. This term includes structures which have incurred "substantial
damage," regardless of the actual repair work performed.
2. Any reconstruction, rehabilitation or other improvement of a foundation for a
structure which equals or exceeds twenty -five percent of the foundation.
3. Any reconstruction, rehabilitation or other improvement which, by nature of the
work, will necessitate raising the structure off the foundation to complete the
work.
The term does not, however, include either:
1. Any project for improvement of a structure to correct existing violations or state or
local health, sanitary, or safety code specifications which have been identified by
the local code enforcement official and which are the minimum necessary to
assure safe living conditions; or
2. Any alteration of a "historic structure;" provided, that the alteration will not
preclude the structure's continued designation as a "historic structure."
"Variance" means a grant of relief from the requirements of this chapter which permits
construction in a manner that would otherwise be prohibited by this chapter.
"Violation" means the failure of a structure or other development to be fully compliant with
this chapter. A structure or other development without the elevation certificate, other
certifications, or other evidence of compliance required in this chapter is presumed to be
in violation until such time as that documentation is provided.
"Water surface elevation" means the height, in relation to the National Geodetic Vertical
Datum (NGVD) of 1929, North American Vertical Datum (NAVD) of 1988, or other datum,
of floods of various magnitudes and frequencies in the floodplains of coastal or riverine
areas.
"Watercourse" means a lake, river, creek, stream, wash, arroyo, channel or other
topographic feature on or over which waters flow at least periodically. Watercourse
includes specifically designated areas in which substantial flood damage may occur.
"XB zone" means the area between the limits of the one percent flooding and the 0.2
percent flooding indicated as an X zone in the maps and formerly as a B zone in the
maps. (Ord. 1494 § 1, 2006)
17.84.030 General provisions.
A. Lands to Which This Chapter Applies. This chapter shall apply to all areas of
special flood hazards, and where specifically identified, XB zones, within the
jurisdiction of the city of San Luis Obispo.
B. Basis for Establishing the Areas of Special Flood Hazard. The areas of special
flood hazard identified by the Federal Emergency Management Agency (FEMA) in the
"Flood Insurance Study (FIS) for the City of San Luis Obispo, California in San Luis
Obispo County" dated October 1978, with accompanying flood insurance rate maps
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(FIRMs) and flood boundary and floodway maps (FBFMs), dated April 1979, and all
subsequent amendments and /or revisions, are hereby adopted by reference and
declared to be a part of this chapter. This FIS and attendant mapping is the minimum
area of applicability of this chapter and may be supplemented by studies for other
areas, including local experience and historical data, which allow implementation of
this chapter and which are recommended to the city council by the floodplain
administrator to be included in the regulated area. The study, FIRMs and FBFMs are
on file at the Department of Public Works, 919 Palm Street.
C. Compliance. No structure or land shall hereafter be constructed, located, extended,
converted, or altered without full compliance with the terms of this chapter and other
applicable regulations. Violation of the requirements (including violations of conditions
and safeguards) shall constitute a misdemeanor. Nothing herein shall prevent the city
council from taking such lawful action as is necessary to prevent or remedy any
violation.
D. Abrogation and Greater Restrictions. This chapter is not intended to repeal,
abrogate, or impair any existing easements, covenants, or deed restrictions.
However, where this chapter and another ordinance, easement, covenant, or deed
restriction conflict or overlap, whichever imposes the more stringent restrictions shall
prevail.
E. Interpretation. In the interpretation and application of this chapter, all provisions shall
be:
1. Considered as minimum requirements;
2. Liberally construed in favor of the governing body; and
3. Deemed neither to limit nor repeal any other powers granted under state statutes.
F. Warning and Disclaimer of Liability. The degree of flood protection required by this
chapter is considered reasonable for regulatory purposes and is based on scientific
and engineering considerations. Larger floods can and will occur on rare occasions.
Flood heights may be increased by manmade or natural causes. This chapter does
not imply that land outside the areas of special flood hazards or uses permitted within
such areas will be free from flooding or flood damages. This chapter shall not create
liability on the part of the city council, any officer or employee thereof, the state of
California, or the Federal Emergency Management Agency, for any flood damages
that result from reliance on this chapter or any administrative decision lawfully made
hereunder.
G. Severability. This chapter and the various parts thereof are hereby declared to be
severable. Should any section of this chapter be declared by the courts to be
unconstitutional or invalid, such decision shall not affect the validity of the chapter as
a whole, or any portion thereof other than the section so declared to be
unconstitutional or invalid. (Ord. 1494 § 1, 2006)
17.84.040 Administration.
A. Designation of the Floodplain Administrator. The director of public works or their
designee is hereby appointed to administer, implement, and enforce this chapter by
granting or denying development permits in accord with its provisions.
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B. Duties and Responsibilities of the Floodplain Administrator. The duties and
responsibilities of the floodplain administrator shall include but not be limited to the
following:
1. Permit Review. Review all development permits to determine:
a. Permit requirements of this chapter have been satisfied, including
determination of substantial improvement and substantial damage of existing
structures;
The applicant was advised other local, state or federal permits may be
required;
c. The site is reasonably safe from flooding;
d. The proposed development does not adversely affect the carrying capacity of
areas where base flood elevations have been determined but a floodway has
not been designated. This means that the cumulative effect of the proposed
development when combined with all other existing and anticipated
development will not increase the water surface elevation of the base flood
more than one foot at any point within the city of San Luis Obispo;
e. If the proposed development is within a designated in -fill area, special
floodplain management zone, or the Mid - Higuera Specific Plan Area as
defined by the Drainage Design Manual, that the more stringent requirements
of the manual have been met; and
f. All letters of map revision (LOMRs) for flood control projects are approved
prior to the issuance of building permits. Building permits must not be issued
based on conditional letters of map revision (CLOMRs). Approved CLOMRs
allow construction of the proposed flood control project and land preparation
as specified in the "start of construction" definition.
2. Development of Substantial Improvement and Substantial Damage
Procedures.
a. Using FEMA publication FEMA 213, "Answers to Questions About
Substantially Damaged Buildings," develop detailed procedures for identifying
and administering requirements for substantial improvement and substantial
damage, to include defining "market value."
b. Assure procedures are coordinated with other departments /divisions and
implemented by community staff.
3. Review, Use and Development of Other Base Flood Data. When base flood
elevation data has not been provided in accordance with Section 17.84.030(8),
the floodplain administrator shall obtain, review, and reasonably utilize any base
flood elevation and floodway data available from a federal or state agency, or
other source, in order to administer Section 17.84.050.
NOTE: A base flood elevation may be obtained using one of two methods from
the FEMA publication, FEMA 265, "Managing Floodplain Development in
Approximate Zone A Areas — A Guide for Obtaining and Developing Base (100 -
Year) Flood Elevations" dated July 1995.
4. Notification of Other Agencies.
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a. Alteration or Relocation of a Watercourse.
i. Notify adjacent communities and the California Department of Water
Resources prior to alteration or relocation;
ii. Submit evidence of such notification to the Federal Emergency
Management Agency; and
iii. Assure that the flood carrying capacity within the altered or relocated
portion of said watercourse is maintained.
b. Base Flood Elevation Changes Due to Physical Alterations.
i. Within six months of information becoming available or project
completion, whichever comes first, the floodplain administrator shall
submit or assure that the permit applicant submits technical or scientific
data to FEMA for a letter of map revision (LOMR).
ii. All LOMRs for flood control projects are approved prior to the issuance of
building permits. Building permits must not be issued based on
conditional letters of map revision (CLOMRs). Approved CLOMRs allow
construction of the proposed flood control project and land preparation as
specified in the "start of construction" definition.
Such submissions are necessary so that upon confirmation of those
physical changes affecting flooding conditions, risk premium rates and
floodplain management requirements are based on current data.
c. Changes in Corporate Boundaries. Notify FEMA in writing whenever the
corporate boundaries have been modified by annexation or other means and
include a copy of a map of the community clearly delineating the new
corporate limits.
5. Documentation of Floodplain Development. Obtain and maintain for public
inspection and make available as needed the following:
a. Certification required by Sections 17.84.050 (A)(3) and 17.84.050(D) (lowest
floor elevations);
b. Certification required by Section 17.84.050 (A)(3) (elevation or floodproofing
of nonresidential structures);
c. Certification required by Section 17.84.050 (A)(3) (wet floodproofing
standard);
d. Certification of elevation required by Section 17.84.050(C)(1) (subdivisions
and other proposed development standards);
e. Certification required by Section 17.84.050 (F)(2) (floodway encroachments);
and
f. Maintain a record of all variance actions, including justification for their
issuance, and report such variances issued in its biennial report submitted to
the Federal Emergency Management Agency.
6. Map Determination. Make interpretations, where needed, as to the exact
location of the boundaries of the areas of special flood hazard where there
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appears to be a conflict between a mapped boundary and actual field conditions.
The person contesting the location of the boundary shall be given a reasonable
opportunity to appeal the interpretation as provided in subsection (D) of this
section.
7. Remedial Action. Take action to remedy violations of this chapter as specified in
Section 17.84.030(C).
8. Biennial Report. Complete and submit biennial report to FEMA.
9. Planning. Assure community's general plan is consistent with floodplain
management objectives herein.
10. Nonconversion of Enclosed Areas Below the Lowest Floor. To ensure that
the areas below one foot above the BFE shall be used solely for parking vehicles,
limited storage, or access to the building and not be finished for use as human
habitation without first becoming fully compliant with the floodplain management
ordinance in effect at the time of conversion, the floodplain administrator shall:
a. Determine which applicants for new construction and /or substantial
improvements have fully enclosed areas below the lowest floor that are five
feet or higher;
b. Obtain a "Conversion Agreement for Construction Within Flood Hazard
Areas" or equivalent between the property owner and the city of San Luis
Obispo. The agreement shall be recorded with the County of San Luis Obispo
recorder as a deed restriction. The conversion agreement shall be in a form
acceptable to the floodplain administrator and city attorney; and
Condition the property that there shall be no conversion of enclosed
areas below the lowest floor elevation without first becoming fully
compliant with this chapter and other city requirements.
ii. Have the authority granted to the city to inspect any area of a structure
below the base flood elevation to ensure compliance upon prior notice of
at least seventy -two hours.
C. Development Permit. A development permit shall be obtained before any
construction or other development, including manufactured homes, within any area of
special flood hazard established in Section 17.84.030(B). Application for a
development permit shall be made on forms furnished by the city of San Luis Obispo.
The applicant shall provide the following minimum information:
1. Plans in duplicate, drawn to scale, showing:
a. Location, dimensions, and elevation of the area in question, existing or
proposed structures, storage of materials and equipment and their location;
b. Proposed locations of water supply, sanitary sewer, and other utilities;
c. Grading information showing existing and proposed contours, any proposed
fill, and drainage facilities;
d. Location of the regulatory floodway when applicable;
e. Base flood elevation information as specified in Sections 17.84.030(B) or
subsection (B)(3) of this section;
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f. Proposed elevation in relation to mean sea level, of the lowest floor (including
basement) of all structures; and
g. Proposed elevation in relation to mean sea level to which any nonresidential
structure will be floodproofed, as required in Section 17.84.050 (A)(3) and
detailed in FEMA Technical Bulletin TB 3 -93.
2. Certification from a registered civil engineer or architect that the nonresidential
floodproofed building meets the floodproofing criteria in Section 17.84.050(A)(3).
3. For a crawlspace foundation, location and total net area of foundation openings
as required in Section 17.84.050(A)(3) and detailed in FEMA Technical Bulletins
1 -93 and 7 -93.
4. Description of the extent to which any watercourse will be altered or relocated as
a result of proposed development.
5. All appropriate certifications listed in subsection (13)(5) of this section.
D. Appeals. The city council of the city of San Luis Obispo shall hear and decide
appeals when it is alleged there is an error in any requirement, decision, or
determination made by the floodplain administrator in the enforcement or
administration of this chapter. (Ord. 1494 § 1, 2006)
17.84.050 Provisions for flood hazard reduction.
A. Standards of Construction. In all areas of special flood hazards the following
standards are required:
1. Anchoring. All new construction and substantial improvements of structures,
including manufactured homes, shall be adequately anchored to prevent flotation,
collapse or lateral movement of the structure resulting from hydrodynamic and
hydrostatic loads, including the effects of buoyancy.
2. Construction Materials and Methods. All new construction and substantial
improvements of structures, including manufactured homes, shall be constructed:
a. With flood resistant materials, and utility equipment resistant to flood damage
for areas below the base flood elevation;
b. Using methods and practices that minimize flood damage;
c. With electrical, heating, ventilation, plumbing and air conditioning equipment
and other service facilities that are designed and /or located so as to prevent
water from entering or accumulating within the components during conditions
of flooding; and
d. Within zones AH or AO, so that there are adequate drainage paths around
structures on slopes to guide floodwaters around and away from proposed
structures.
3. Elevation and Floodproofing.
a. Residential Construction. All new construction or substantial improvements
of residential structures shall have the lowest floor, including basement:
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In AE, AH, Al -30 zones, elevated one foot above the base flood
elevation.
ii. In an AO zone, elevated above the highest adjacent grade to a height
one foot above the depth number specified in feet on the FIRM, or
elevated at least three feet above the highest adjacent grade if no depth
number is specified.
iii. In an A zone, without BFEs specified on the FIRM [unnumbered A zone],
elevated one foot above the base flood elevation; as determined under
Section 17.84.040(B)(3).
iv. In an XB zone, above the base flood elevation.
Upon the completion of the structure, the elevation of the lowest floor,
including basement, shall be certified by a registered civil engineer or
licensed land surveyor, and verified by the community building inspector
to be properly elevated. Such certification and verification shall be
provided to the floodplain administrator.
b. Nonresidential Construction. All new construction or substantial
improvements of nonresidential structures shall either be elevated to conform
with subsection (A)(3) of this section or:
i. Be floodproofed, together with attendant utility and sanitary facilities,
below the elevation recommended under subsection (A)(3) of this
section, so that the structure is watertight with walls substantially
impermeable to the passage of water;
ii. Have structural components capable of resisting hydrostatic and
hydrodynamic loads and effects of buoyancy; and
iii. Be certified by a registered civil engineer or architect that the standards
of subsection (A)(3) of this section are satisfied. Such certification shall
be provided to the floodplain administrator.
c. Flood Openings. All new construction and substantial improvements of
structures with fully enclosed areas below the lowest floor (excluding
basements) that are usable solely for parking of vehicles, building access or
storage, and which are subject to flooding, shall be designed to automatically
equalize hydrostatic flood forces on exterior walls by allowing for the entry
and exit of floodwater. Designs for meeting this requirement must meet the
following minimum criteria:
i. For nonengineered openings:
(a) Have a minimum of two openings on different sides having a total net
area of not less than one square inch for every square foot of
enclosed area subject to flooding;
(b) The bottom of all openings shall be no higher than one foot above
grade;
(c) Openings may be equipped with screens, louvers, valves or other
coverings or devices; provided, that they permit the automatic entry
and exit of floodwater; and
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(d) Buildings with more than one enclosed area must have openings on
exterior walls for each area to allow floodwater to directly enter; or
ii. Be certified by a registered civil engineer or architect.
d. Manufactured Homes.
i. Manufactured homes located outside of manufactured home parks or
subdivisions shall meet the elevation and floodproofing requirement in
subsection (A)(3) of this section.
ii. Manufactured homes placed within manufactured home parks or
subdivisions shall meet the standards in subsection (D) of this section.
Additional guidance may be found in FEMA Technical Bulletins TB 1 -93
and TB 7 -93.
e. Garages and Low -Cost Accessory Structures.
i. Attached Garages.
(a) A garage. attached to a residential structure, constructed with the
garage floor slab below the BFE, must be designed to allow for the
automatic entry of floodwaters. See subsection (A)(3) of this section.
Areas of the garage below the BFE must be constructed with flood -
resistant materials. See subsection (A)(2) of this section.
(b) A garage attached to a nonresidential structure must meet the above
requirements or be dry floodproofed. For guidance on below -grade
parking areas, see FEMA Technical Bulletin TB -6.
iii. Detached Garages and Accessory Structures.
(a) Accessory structures used solely for parking (two -car detached
garages or smaller) or limited storage (small, low -cost sheds), as
defined in Section 17.84.020, may be constructed such that its floor
is below the base flood elevation (BFE), provided the structure is
designed and constructed in accordance with the following
requirements:
(i) Use of the accessory structure must be limited to parking or
limited storage;
(ii) The portions of the accessory structure located below the BFE
must be built using flood- resistant materials;
(iii) The accessory structure must be adequately anchored to prevent
flotation, collapse and lateral movement;
(iv) Any mechanical and utility equipment in the accessory structure
must be elevated or floodproofed to or above the BFE;
(v) The accessory structure must comply with floodplain
encroachment provisions in subsection (F) of this section; and
(vi) The accessory structure must be designed to allow for the
automatic entry of floodwaters in accordance with subsection
(A)(3) of this section.
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(b) Detached garages and accessory structures not meeting the above
standards must be constructed in accordance with all applicable
standards in subsection (A) of this section.
B. Standards for Utilities.
1. All new and replacement water supply and sanitary sewage systems shall be
designed to minimize or eliminate:
a. Infiltration of floodwaters into the systems; and
b. Discharge from the systems into floodwaters.
2. On -site waste disposal systems shall be located to avoid impairment to them, or
contamination from them during flooding.
C. Standards for Subdivisions and Other Proposed Development.
1. All new subdivisions proposals and other proposed development, including
proposals for manufactured home parks and subdivisions, greater than fifty lots
or five acres, whichever is the lesser, shall:
a. Identify the special flood hazard areas (SFHA) and base flood elevations
(BFE).
b. Identify the elevations of lowest floors of all proposed structures and pads on
the final plans.
c. If the site is filled above the base flood elevation, the following as -built
information for each structure shall be certified by a registered civil engineer
or licensed land surveyor and provided as part of an application for a letter of
map revision based on fill (LOMR -F) to the floodplain administrator:
i. Lowest floor elevation.
ii. Pad elevation.
iii. Lowest adjacent grade.
2. All subdivision proposals and other proposed development shall be consistent
with the need to minimize flood damage.
3. All subdivision proposals and other proposed development shall have public
utilities and facilities such as sewer, gas, electrical and water systems located
and constructed to minimize flood damage.
4. All subdivisions and other proposed development shall provide adequate
drainage to reduce exposure to flood hazards.
D. Standards for Manufactured Homes Within Manufactured Home Parks or
Subdivisions. All manufactured homes in special flood hazard areas shall meet the
anchoring standards in subsection (A)(1) of this section, construction materials and
methods requirements in subsection (A)(2) of this section, flood openings
requirements in subsection (A)(3) of this section, and garages and low -cost
accessory structure standards in subsection (A)(3) of this section.
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Note: Manufactured homes located outside of manufactured home parks or
subdivisions shall meet the elevation and floodproofing requirement in subsection
(A)(3) of this section.
All manufactured homes that are placed or substantially improved on sites
located: (1) in a new manufactured home park or subdivision; (2) in an expansion
to an existing manufactured home park or subdivision; or (3) in an existing
manufactured home park or subdivision on a site upon which a manufactured
home has incurred "substantial damage" as the result of a flood shall within zones
Al -30, AH, and AE on the community's flood insurance rate map, be elevated on
a permanent foundation such that the lowest floor of the manufactured home is
elevated one foot above the base flood elevation and be securely fastened to an
adequately anchored foundation system to resist flotation, collapse, and lateral
movement.
2. All manufactured homes to be placed or substantially improved on sites in an
existing manufactured home park or subdivision within zones Al -30, AH, and AE
on the community's flood insurance rate map that are not subject to the
provisions of subsection (D)(1) of this section will be securely fastened to an
adequately anchored foundation system to resist flotation, collapse, and lateral
movement, and be elevated so that either the:
a. Lowest floor of the manufactured home is at least one foot above the base
flood elevation; or
Manufactured home chassis is supported by reinforced piers or other
foundation elements of at least equivalent strength that are no less than
thirty -six inches in height above grade.
Upon the completion of the structure, the elevation of the lowest floor,
including basement, shall be certified by a registered civil engineer or
licensed land surveyor, and verified by the community building inspector to be
properly elevated. Such certification and verification shall be provided to the
floodplain administrator.
E. Standards for Recreational Vehicles.
1. All recreational vehicles placed in zones Al -30, AH, and AE will either:
a. Be on the site for fewer than one hundred eighty consecutive days; or
b. Be fully licensed and ready for highway use. A recreational vehicle is ready
for highway use if it is on its wheels or jacking system, is attached to the site
only by quick- disconnect -type utilities and security devices, and has no
permanently attached additions; or
c. Meet the permit requirements of Section 17.84.040(C) and the elevation and
anchoring requirements for manufactured homes in subsection (D)(1) of this
section.
F. Floodways. Since floodways are extremely hazardous areas due to the velocity of
floodwaters which carry debris, potential projectiles, and erosion potential, the
following provisions apply:
1. Until a regulatory floodway is adopted, no new construction, substantial
development, or other development, including fill, shall be permitted within zones
Al -30 and AE, unless it is demonstrated that the cumulative effect of the
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proposed development, when combined with all other development, will not
increase the water surface elevation of the base flood more than one foot at any
point within the city of San Luis Obispo.
2. If the proposed development is within a designated in -fill area, special floodplain
management zone, or the Mid - Higuera Specific Plan Area as defined by the
Drainage Design Manual, the more stringent requirements of the manual apply.
3. Within an adopted regulatory floodway, the city of San Luis Obispo shall prohibit
encroachments, including fill, new construction, substantial improvements, and
other development, unless certification by a registered civil engineer is provided
demonstrating that the proposed encroachment shall not result in any increase in
flood levels during the occurrence of the base flood discharge.
4. If subsections (F)(1) and (2) of this section are satisfied, all new construction,
substantial improvement, and other proposed new development shall comply with
all other applicable flood hazard reduction provisions of this subsection. (Ord.
1494 § 1, 2006)
17.84.060 Variance procedure.
A. Nature of Variances. The issuance of a variance is for floodplain management
purposes only. Insurance premium rates are determined by statute according to
actuarial risk and will not be modified by the granting of a variance.
The variance criteria set forth in this section of the chapter are based on the general
principle of zoning law that variances pertain to a piece of property and are not
personal in nature. A variance may be granted for a parcel of property with physical
characteristics so unusual that complying with the requirements of this chapter would
create an exceptional hardship to the applicant or the surrounding property owners.
The characteristics must be unique to the property and not be shared by adjacent
parcels. The unique characteristic must pertain to the land itself, not to the structure,
its inhabitants, or the property owners.
It is the duty of the city council to help protect its citizens from flooding. This need is
so compelling and the implications of the cost of insuring a structure built below flood
level are so serious that variances from the flood elevation or from other requirements
in this chapter are quite rare. The long -term goal of preventing and reducing flood
loss and damage can only be met if variances are strictly limited. Therefore, the
variance guidelines provided in this chapter are more detailed and contain multiple
provisions that must be met before a variance can be properly granted. The criteria
are designed to screen out those situations in which alternatives other than a variance
are more appropriate.
B. Conditions for Variances.
Generally, variances may be issued for new construction, substantial
improvement, and other proposed new development to be erected on a lot of
one -half acre or less in size contiguous to and surrounded by lots with existing
structures constructed below the base flood level, providing that the procedures
of Sections 17.84.040 and 17.84.050 of this chapter have been fully considered.
As the lot size increases beyond one -half acre, the technical justification required
for issuing the variance increases.
2. Variances may be issued for the repair or rehabilitation of "historic structures" (as
defined in Section 17.84.020) upon a determination that the proposed repair or
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rehabilitation will not preclude the structure's continued designation as a historic
structure and the variance is the minimum necessary to preserve the historic
character and design of the structure.
3. Variances shall not be issued within any mapped regulatory floodway if any
increase in flood levels during the base flood discharge would result.
4. Variances shall only be issued upon a determination that the variance is the
"minimum necessary," considering the flood hazard, to afford relief. "Minimum
necessary" means to afford relief with a minimum of deviation from the
requirements of this chapter. For example, in the case of variances to an
elevation requirement, this means the city council need not grant permission for
the applicant to build at grade, or even to whatever elevation the applicant
proposes, but only to that elevation which the city council believes will both
provide relief and preserve the integrity of the this chapter.
5. Any applicant to whom a variance is granted shall be given written notice over the
signature of a community official that:
a. The issuance of a variance to construct a structure below the base flood level
will result in increased premium rates for flood insurance up to amounts as
high as twenty -five dollars for one hundred dollars of insurance coverage, and
b. Such construction below the base flood level increases risks to life and
property. It is recommended that a copy of the notice shall be recorded by the
floodplain administrator in the Office of the County of San Luis Obispo
recorder and shall be recorded in a manner so that it appears in the chain of
title of the affected parcel of land.
6. The floodplain administrator will maintain a record of all variance actions,
including justification for their issuance, and report such variances issued in its
biennial report submitted to the Federal Emergency Management Agency.
C. Appeal Board.
1. In passing upon requests for variances, the city council shall consider all technical
evaluations, all relevant factors, standards specified in other sections of this
chapter, and the:
a. Danger that materials may be swept onto other lands to the injury of others;
b. Danger of life and property due to flooding or erosion damage;
c. Susceptibility of the proposed facility and its contents to flood damage and
the effect of such damage on the existing individual owner and future owners
of the property;
d. Importance of the services provided by the proposed facility to the
community;
e. Necessity to the facility of a waterfront location, where applicable;
f. Availability of alternative locations for the proposed use which are not subject
to flooding or erosion damage;
g. Compatibility of the proposed use with existing and anticipated development;
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h. Relationship of the proposed use to the comprehensive plan and floodplain
management program for that area;
Safety of access to the property in time of flood for ordinary and emergency
vehicles;
Expected heights, velocity, duration, rate of rise, and sediment transport of
the floodwaters expected at the site; and
k. Costs of providing governmental services during and after flood conditions,
including maintenance and repair of public utilities and facilities such as
sewer, gas, electrical, and water system, and streets and bridges.
2. Variances shall only be issued upon a:
a. Showing of good and sufficient cause;
Determination that failure to grant the variance would result in exceptional
hardship to the applicant; and
c. Determination that the granting of a variance will not result in increased flood
heights, additional threats to public safety, or extraordinary public expense,
create a nuisance (see 'Public safety and nuisance" in Section 17.84.020),
cause fraud and victimization of the public, or conflict with existing local laws
or ordinances.
3. Variances may be issued for new construction, substantial improvement, and
other proposed new development necessary for the conduct of a functionally
dependent use; provided, that the provisions of subsections (C)(1) through (C)(4)
of this section are satisfied and that the structure or other development is
protected by methods that minimize flood damages during the base flood and
does not result in additional threats to public safety and does not create a public
nuisance.
4. Upon consideration of the factors of subsection (13)(1) of this section and the
purposes of this chapter, the city council may attach such conditions to the
granting of variances as it deems necessary to further the purposes of this
chapter. (Ord. 1494 § 1, 2006)
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Chapter 17.86: Downtown Housing Conversion Regulations*
Sections:
17.86.010 Purpose and intent.
17.86.020 Area of application.
17.86.030 Definitions.
17.86.040 Land uses affected.
17.86.050 No net housing loss.
17.86.060 Exceptions.
17.86.070 Findings required.
17.86.080 Conditions of approval.
17.86.090 Public hearing— Notification.
*Prior history: Prior code §§ 9900 -9906.
17.86.010 Purpose and intent.
It is the desire and intent of the city to preserve housing in the central business district
and surrounding downtown planning area. It is also the intent of the city to preserve
housing that is affordable to very low -, low- and moderate - income households and to
encourage mixed residential and commercial uses, where appropriate, to implement
general plan goals. The provisions of this chapter are intended to achieve these goals by
regulating the conversion of downtown housing to nonresidential uses. (Ord. 1460 § 3
(part), 2004)
17.86.020 Area of application.
Provisions of this chapter shall apply to the downtown planning area shown in Figure 1.
(Ord. 1460 § 3 (part), 2004)
17.86.030 Definitions.
Where not defined herein, terms shall be as defined in the zoning regulations, Title 17 of
the Municipal Code.
A. Downtown Core. That central downtown area of the city zoned "C -D" (Downtown
Commercial) in the most recently adopted zoning map.
B. Conversion. A change in the primary use of at least fifty -one percent of the floor area
of a legally permitted dwelling or building from residential to nonresidential use, or
physical change in design of fifty -one percent of an individual dwelling's or building's
floor area to accommodate nonresidential uses.
C. Development Project. Any public or private action for which a city construction
permit or planning approval is required, including architectural review, use permit,
variance, subdivision or other approval.
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D. Downtown Planning Area. The central part of the city, generally bounded by
Highway 101, the railroad, and High Street, including the commercial core and
surrounding neighborhoods, as shown in Figure 1.
E. Net Housing Loss. Where the number of residential units removed through
demolition, remodeling or conversion to nonresidential uses exceeds the number of
dwellings added through new construction, additions, remodeling, or relocation within
the downtown core, or in the area outside the downtown core but within the downtown
planning area. The cumulative number of dwellings added and residential units
removed based on city final building inspections, within each of the above areas, shall
be determined separately, and shall be based on the number of dwellings existing on
March 30, 2004, as determined by the director.
F. Replacement Unit. A dwelling which is built, moved or remodeled to replace a
residential unit lost through demolition or remodeling or conversion to nonresidential
use.
G. Residential Use. A land use which includes "dwellings," "boarding /rooming house,"
"dormitory," "residential care facilities," "caretakers' quarters," "hotel /motel," "hostel,"
"bed and breakfast inn," "fraternity (or sorority) house," or "live -work unit," as defined
by the zoning regulations and listed in Table 9, Chapter 17.22 of the Municipal Code.
H. Residential Unit. A structure which is on a permanent foundation, with provisions for
sleeping and sanitation, and which is permanently connected to utilities. A residential
unit may or may not contain provisions for cooking, and may be single, detached or in
a multiple unit, attached configuration.
I. Subarea. The geographic are corresponding to either the downtown core, or the area
outside the downtown core but within the downtown planning area, as shown in
Figure 10. (Ord. 1460 § 3 (part), 2004)
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Figure 10 — Downtown Planning Area
17.86.040 Land uses affected.
Provisions of this chapter shall apply to properties that contain one or more dwelling units
and to all group housing, including "boarding or rooming houses" or "dormitories,"
"residential care facilities" or "caretakers' quarters," "hotels and motels" or "hostel" or "bed
and breakfast inn," "fraternity (or sorority) houses" which have one or more individual
rooms for rent, and to "live -work units," as defined by the zoning regulations and listed in
Table 9, Chapter 17.22 of the Municipal Code. (Ord. 1460 § 3 (part), 2004)
17.86.050 No net housing loss.
Development projects within the downtown planning area shall not result in a net housing
loss. If the director determines that a development project would result in a net housing
loss, the developer shall replace residential units to be removed, whether the units to be
removed are occupied or not. Residential units shall be replaced on a one - for -one basis,
and shall be built concurrently with the development project. Replacement units may be of
any size, type, or tenure, consistent with zoning regulations and as approved by the
architectural review commission or the director. Replacement units shall be located within
the same subarea as the units removed, but need not be located on the same site as
previously existed. Development projects shall meet the following standards, to the
approval of the director:
A. Vacation of Unit. Each tenant shall have the right to remain not less than sixty days
from the date of city approval of a development project exception. The director or
council may grant an extension to this right to remain for a period of time not to
exceed an additional thirty days.
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B. No Increase in Rent. A tenant's rent shall not be increased during the period
provided in subsection A of this section.
C. Affordability of Units. The development project shall include dwelling units
affordable to low and moderate income persons, at rents or sales prices that meet the
city's affordable housing standards. The number of dwellings to be rented or sold at
affordable levels shall equal the maximum number of affordable dwellings that existed
within the twenty- four -month period immediately prior to the application for the
conversion permit, but in no case less than that required under the inclusionary
housing affordable housing requirement in the general plan housing element.
D. Tenant Relocation Assistance. For very low -, low -, or moderate - income residents
displaced by the development project, the developer shall provide relocation
assistance, to the approval of the director. Such assistance may include, but is not
limited to: giving tenants the first right of refusal to purchase or rent affordable
replacement units, reimbursement of moving costs, and /or providing rental. (Ord.
1460 § 3 (part), 2004)
17.86.060 Exceptions.
The city council may grant exceptions to the provisions of this chapter, subject to the
findings listed in Section 17.86.070. In granting an exception, the city council may
establish conditions to ensure the intent of general plan policies is met, as described in
Section 17.86.080. The application requirements and procedures shall be as required for
a planning commission use permit as provided in Chapter 17.58. (Ord. 1460 § 3 (part),
2004)
17.86.070 Findings required.
To grant an exception, the city council must make each of the following findings:
Findings:
A. Approval of an exception is consistent with the San Luis Obispo general plan and
specifically, with housing element policies regarding no net housing loss, affordable
housing, and mixed uses in the downtown planning area.
B. Granting the exception will not adversely affect affordable housing opportunities for
very low -, low -, or moderate - income persons, either individually or cumulatively.
C. The proposed project will not result in a significant loss of housing when compared
with the total number of existing dwellings in the downtown core or downtown
planning area outside the core.
D. Granting the exception will further the achievement of other community goals, such as
removing substandard or dangerous housing, improving physical accessibility,
rehabilitating a historic structure, or downtown beautification.
E. It is physically infeasible to rehabilitate or relocate the housing to be removed or
converted.
F. No public purpose would be served by the strict enforcement of the no net loss policy
due to mitigating factors (include specific mitigating factors). (Ord. 1460 § 3 (part),
2004)
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17.86.080 Conditions of approval.
JunE 2008
The city council may establish conditions of approval which provide for the general health,
safety and welfare of residents displaced by the proposed development, and to achieve
the intent of general plan housing conservation policies and mitigate the loss of housing.
(Ord. 1460 § 3 (part), 2004)
17.86.090 Public hearing— Notification.
Prior to acting on an exception request, the city council shall hold a public hearing, and
notice of the time, date, place and purpose of the hearing shall be given to the residents
of the proposed conversion and to owners and residents within three hundred feet of the
affected property. Said property shall be posted, and an advertisement shall be published
in a newspaper of general circulation, at least ten days before the public hearing. (Ord.
1460 § 3 (part), 2004)
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Chapter 17.87: Water Efficient Landscape Standards
Sections:
17.87.010 Definitions.
17.87.020 Procedures.
17.87.030 Submittal Requirements.
17.87.040 Landscape Standards.
17.87.010 Definitions.
For the purposes of this Chapter, the following words and phrases shall have the meaning
set forth below:
A. "Anti -drain valve" or "check valve" means a valve located under a sprinkler head to
hold water in the system so it minimizes drainage from the lower elevation sprinkler
heads.
B. "Application rate" means the depth of water applied to given area, usually measured
in inches per hour.
C. "Automatic controller" means a mechanical or solid state timer, capable of operating
valve stations to set the days and length of time of a water application.
D. "Backflow prevention device" means a safety device used to prevent pollution or
contamination of the water supply due to the reverse flow of water from the irrigation
system.
E. "Emitter" means drip irrigation fittings that deliver water slowly from the system to the
soil.
F. "Infiltration rate" means the rate of water entry into the soil expressed as a depth of
water per unit of time (inches per hour).
G. "Establishment period" means the first year after installing the plant in the landscape.
H. "Hydrozone" means a portion of the landscaped area having plants with similar water
needs that are served by a valve or set of valves with the same irrigation schedule.
I. "Irrigation efficiency" means the measurement of the amount of water beneficially
used, which is the amount of water stored in the root zone, divided by the amount of
water applied. Irrigation efficiency is derived from measurements and estimates of
irrigation system characteristics and management practices.
J. "Mulch" means any organic material such as leaves, bark, or straw which is applied to
the soil surface to reduce evaporation and erosion.
K. "Overspray" means the water which is delivered outside of planted areas, wetting
pavements, walks, structures, or other planted areas.
L. "Rain- sensing device" means a system which automatically shuts off the irrigation
system when it rains.
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M. "Runoff' means water which is not absorbed by the soil or landscape to which it is
applied and flows from the area and across property lines.
N. "Station" means planted area served by one valve or by a set of valves that operate
simultaneously.
O. "Water conservation concept statement" means a one -page checklist and a narrative
summary of the project. (Ord. 1209 § 2, 1992)
17.87.020 Procedures.
A. There are three categories of landscape standards. All development will fall under
one or more of the categories, depending on its size and type of city review required.
For example, basic landscape requirements are listed in category I and apply to all
projects. Larger, more complex projects, where potential for water saving is greater,
must meet the additional requirements listed under categories II and III.
1. Category I —All new development projects including those which are exempt from
architectural review, such as individually built, single - family houses and duplexes.
2. Category II — Projects requiring architectural review, such as new houses on
sensitive sites, the construction of three or more dwellings on a lot, and new
commercial buildings.
3. Category III — Commercial or industrial projects on sites of twenty thousand
square feet or more, and residential projects of ten or more units.
B. Where a project is reviewed by the architectural review commission (ARC), the ARC
shall evaluate it for compliance with these standards. For projects which are exempt
from architectural review, the community development director shall determine
conformance with the standards during building permit plan check. Development
projects shall conform to these standards prior to building permit issuance.
C. Decisions of the community development director are appealable to the ARC, and
decisions of the ARC are appealable to the City Council, subject to the appeal
provisions of Chapter 17.66of the Municipal Code. (Ord. 1209 § 2, 1992)
17.87.030 Submittal Requirements.
A. Required for All Projects (Category 1): A landscape documentation package
consisting of the following elements, which are described in 17.87.030 (D):
1. Water conservation checklist.
2. Landscape design plan.
3. Irrigation design plan.
4. Certificate of substantial compliance.
B. Required for Projects Subject to ARC Review (Category II):
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1. The landscape documentation package described in part A above.
2. Planting notes and water conservation concept statement describing the water
conservation measures taken and how the landscape design meets the esthetics
or functional requirements of the site and of the proposed land use, including
screening, solar access, climate modification, and erosion control.
3. Section /elevation view through the site showing the relationships between
planting design, buildings, site improvements, and design.
C. Required for Large or Complex Project (Category III), in Addition to the Information
Listed Above in Part B:
1. The landscape and irrigation plans shall be prepared by a landscape architect or
other qualified professional;
2. Planting and irrigation details showing planting, irrigation, staking, and other
pertinent details which explain the landscape design and /or conservation
measures; and3. A maintenance program describing general maintenance
procedures, including: frequency and responsibilities for watering; replanting;
pruning; irrigation equipment repair and programming; weed control; and
fertilizing.
D. The landscape documentation package shall include:
Water conservation checklist and concept statement, a cover sheet which serves
as a checklist to verify that the elements of the landscape documentation
package have been completed including a narrative summary of the project.
Category I projects are not required to provide a water conservation concept
statement.
2. Landscape design plan, showing scale, north arrow, property lines, existing and
proposed structures, streets, major natural features such as creeks and rock
outcroppings; location, size, type, and quantity of proposed plants; existing trees
to be removed or retained, noted by type, location, trunk diameter and height,
overall condition and expected life span; statistics listing total paved area,
designation of hydrozones, and percentage of total site area devoted to irrigated
turf.
3. Irrigation design plan, showing scale, north arrow, property lines, existing and
proposed structures, streets, and existing trees to remain and major natural
features; below - ground utilities. The location, size, and type of irrigation system
components, including automatic controllers, main and lateral lines, sprinkler
heads, emitters, backflow prevention devices, and rain - sensing devices if utilized.
4. Certification by a licensed landscape architect or contractor, certified irrigation
designer, or other licensed or certified professional in a landscape related field
that planting and irrigation as built complies with city approved plans. The
certificate shall be submitted in writing to the city and the owner of record prior to
the issuance of the building permit.
After the project is completed, the person certifying shall conduct a final field observation
and shall provide a certificate of substantial completion to the city. The certificate shall
include a list of any observed deficiencies and recommended correction measures. (Ord.
1209 §2,1992)
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17.87.040 Landscape Standards.
A. Landscape Design Criteria
JunE 2008
Irrigated turf areas shall not exceed twenty percent of the site's total area. The
ARC may allow larger turf areas where special water conservation measures are
used, and where their primary purpose is for recreation rather than esthetics, as
in parks, playgrounds, and private rear yards. If a project is exempt from the ARC
review process, the community development director may allow larger turf areas
using these criteria.
2. Water - conserving turf varieties or turf substitutes (groundcovers) shall be used
where appropriate.
3. Planter and turf areas will be designed for maximum water efficiency and ease of
maintenance. Turf shall not be used in narrow planters, raised beds, and other
relatively small planters as determined by the community development director.
Turf planting on slopes over fifteen percent causes excess irrigation runoff, and
will not be allowed.
4. Use decorative paving and alternative ground covers such as pathway bark,
crushed rock, wood chippings, concrete, brick, or wood pavers to attractively
landscape pathways, service areas, or areas difficult to maintain.
5. Plants shall be selected appropriately according to their suitability to the climatic,
geologic, and topographical conditions of the site. Protection and preservation of
native species and natural areas is encouraged.
6. Plants having similar water use shall be grouped together in distinct hydrozones
and irrigated by a separate valve.
7. Plant selection shall clearly emphasize the use of drought - tolerant and water -
conserving plants.
8. Curbs, headerboards, pavers, and other decorative materials should be used to
define the edges of planters to reduce irrigation runoff into nonplanted areas, and
to defined turf areas.
9. Water features will be designed and maintained to use water efficiently. Pools,
ponds, decorative fountains, and other similar ornamental water features will use
recirculating water. Water features will be of a design, shape, and size that
minimizes water loss through evaporation.
10. Parking lots should be adequately landscaped to prevent large, uninterrupted
expanses of paving.
11. Planted areas will have a two- inch -thick layer of mulch at planting to reduce soil
moisture evaporation and discourage weed growth.
12. Use erosion control measures on planted slopes of 3:1 (thirty -three percent) or
steeper. Where runoff and erosion are likely, planted slopes shall have jute mesh,
straw matting, or comparable biodegradable material to reduce erosion and allow
plants to become established.
B. Irrigation Design Criteria
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Runoff and Overspray. Soil types and infiltration rates shall be considered when
designing irrigation systems. All irrigation systems shall be designed to avoid
runoff, low -head drainage, overspray, or other similar conditions where water
flows onto adjacent property, nonirrigated areas, walks, roadways, or structures.
Proper irrigation equipment and schedules, including features such as repeat
cycles, shall be used to closely match application rates to infiltration rates, to
minimize or eliminate runoff.
2. Irrigation Efficiency. Irrigation systems shall be designed, maintained, and
managed using such techniques as low- precipitation heads, drip irrigation,
moisture - sensors, check valves, and other water - conserving techniques where
appropriate.
3. Use temporary irrigation for open space or hydroseeded areas. These systems
should be removed after the establishment period.
C. Standards for Large or Complex Projects (Category III).
Developers will provide owner design /maintenance guidelines for residential and
commercial subdivisions. The guidelines shall be included in a package of
landscape water conservation information provided and distributed by the
subdivider to owners, and shall include, as a minimum, recommended plant types
and sample designs for water conservation, suggested watering and
maintenance schedules, horticultural measures to reduce landscape water use,
and financial and /or other incentives to. encourage appropriate and timely
installation of water saving landscapes.
2. Where model homes are included, the subdivider will install at least two units or
model homes with water conserving landscapes and include signs explaining
design strategies and plant materials for water conservation. (Ord. 1209 § 2,
1992)
D. Standards for Parking Lots.
In all parking lots, planting areas shall generally be provided after each six
parking-spaces in any row and at the ends of each row of parking spaces in order
to encourage the use of trees in parking areas. Landscape areas shall have a
minimum dimension of 4 feet; except, those areas with trees shall have a
minimum dimension of 8 feet. Landscape areas shall be defined by concrete
curbing designed to minimize damage to pavement caused by irrigation of
landscaping. Landscape areas defining ends of rows shall extend to the
minimum inside turn radius, shall not conflict with an aisle or back -up area, nor be
less than 4 feet in width. Exceptions to this provision may be granted by the
Community Development Department or the ARC.
2. In order to prevent large expanses of pavement, parking lots shall have at least 5
percent of their surface devoted to landscaping (exclusive of setbacks) arranged
in an appropriate and effective manner. Additional landscape area may be
required by the Community Development Department or the ARC.
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Chapter 17.88: Residential Growth Management
Regulations
Sections:
17.88.010 Purpose and justification.
17.88.020 Allocations.
17.88.030 Adjustments to allocations requested by property owners.
17.88.040 Periodic city council review and consideration of revisions.
17.88.010 Purpose and justification.
A. The regulations codified in this chapter are intended to assure that the rate of
population growth will not exceed the city's ability to assimilate new residents and to
provide municipal services, consistent with the maximum growth rates established in
the general plan. Also, these regulations are to assure that those projects which best
meet the city's objectives for affordable housing, infill development, open space
protection, and provision of public facilities will be allowed to proceed with minimum
delay.
B. San Luis Obispo is a charter city, empowered to make and enforce all laws
concerning municipal affairs, subject only to the limitations of the city charter and the
constitution and laws of the state. Regulation of the rate of residential development is
a reasonable extension of municipal authority to plan overall development, in
furtherance of the public health, safety and general welfare.
C. According to the general plan land use element, the city should achieve a maximum
annual average population growth rate of one percent. The reserve of developable
land within the city and the capacity of proposed annexations could sustain growth
rates which would exceed the objectives of the general plan.
D. General plan policies and the annexation -area phasing schedule required by these
regulations reduce the likelihood that any property within the city might be deprived of
reasonable development entitlements through the operation of these regulations.
E. The growth rate policies of the general plan reflect the city's responsibility to
accommodate a reasonable share of expected state and regional growth.
F. To avoid further imbalance between the availability of jobs and of housing within the
city, the general plan also manages expansion of growth- inducing activities. The
burdens of growth management are not being placed solely on the residential sector,
since it largely responds to demands caused by other sectors.
G. Considering the likely levels of housing demand and construction throughout the
housing market area, nearly coinciding with San Luis Obispo County, these
regulations are not expected to affect the overall balance between housing supply
and demand in the market area. These regulations will not impede and may help
meet the needs of very low -, low- and moderate - income households. (Ord. 1459 § 3
(part), 2004: Ord. 1359 § 3 (part), 1999)
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17.88.020 Allocations.
junE2008
A. The city council shall, by resolution, adopt a phasing schedule that allocates potential
residential construction among annexation areas, consistent with the general plan
and with these regulations.
B. The limitations on residential development established by these regulations apply to
new residential construction within certain areas that have been annexed to the city or
that will be annexed to the city. Development in such areas is subject to development
plans or specific plans, which shall contain provisions consistent with these
regulations and with the phasing schedule.
C. For locations which the phasing schedule shows as "allowed," allocations shall be
implemented by the timing of issuance of building permits.
D. These regulations shall not limit the issuance of building permits for locations which
the phasing schedule shows as having an "assumed" rate of construction.
E. Dwellings affordable and enforceably restricted to residents with very low, low or
moderate incomes, as defined in the city's general plan housing element, and new
dwellings in the downtown core (C -D zone as shown in the most official zoning map)
shall be exempt from these regulations. Enforceably restricted shall mean dwellings
that are subject to deed restrictions, development agreements, or other legal
mechanisms acceptable to the city to ensure long -term affordability, consistent with
city affordable housing standards. In expansion areas, the overall number of units
built must conform to the city- approved phasing plan.
F. It shall not be necessary to have dwellings allocated for a particular time interval or
location to process and approve applications for general plan amendment, zone
change or other zoning approval, subdivision, or architectural review. (Ord. 1459 § 3
(part), 2004: Ord. 1359 § 3 (part), 1999)
17.88.030 Adjustments to allocations requested by property
owners.
Upon verified written request by each owner for whom the timing of property development
would be affected by a proposed change (either hastened or delayed), the community
development director may adjust the allocation of dwellings among expansion areas
shown in the phasing schedule, so long as the total number of dwellings for all expansion
areas within an interval does not change. The director shall approve such requests upon
determining that there would be no substantial difference in provision of affordable
housing, necessary public facilities, or open space protection as a result of the
adjustment. (Ord. 1459 § 3 (part), 2004: Ord. 1359 § 3 (part), 1999)
17.88.040 Periodic city council review and consideration of
revisions.
A. The community development department shall provide status updates to the city
council concerning implementation of these regulations, coordinated with the annual
report on the general plan. The status update will describe actual construction levels
and any adjustments to allocations that have been approved by the director, and may
include recommendations for revisions.
B. Following consideration of the annual report, or at such other times as it deems
appropriate, the city council may revise the phasing schedule. Such revisions shall be
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junC 2008 zon1nc, QcquIAtions
consistent with the general plan. City council approval shall be required to do any of
the following:
1. Change the total number of dwellings that may be permitted within an interval;
2. Change the number of dwellings assumed for demolition or infill development or
small annexations, or allocated in total to expansion areas;
3. Reduce the number of dwellings previously allocated to a certain expansion area,
when there is not verified written approval by each affected owner;
4. Shift the years covered by intervals.
C. Before approving a revision, the city council must conduct a public hearing. Notice of
the hearing shall be provided at least ten but not more than thirty days prior to the
hearing, by publication in a newspaper of general circulation in the city and by first -
class mail to each owner of property potentially affected by a delay in building permit
issuance as compared with the schedule in effect at that time. Owner information may
be obtained from the county property assessment roll, or from other sources which
the community development director determines will provide complete and current
information. Failure of an owner or owners to receive notice shall not invalidate any
duly adopted revision.
D. For in -city development and for minor annexations, the annual report shall compare
the actual number of permitted dwellings with the assumed rate of permit issuance.
When the previously assumed number of in -city and small- annexation permitted
dwellings exceeds those actually permitted, and expected to be permitted based on
current trends and project processing, the city council shall consider revising the
phasing schedule to make the difference available to the current phases of large
annexations.
E. If an annexation area does not fully use its allocation within the previously indicated
interval, the city council shall consider assigning the unused potential to that same
area in future intervals. It is the intent of this part to encourage completion of
neighborhoods that have been started; provided, that doing so does not cause the
allowed citywide growth rate to be exceeded; and further provided, that the allocations
previously assigned to other annexation areas will not be reduced without the
approval of the affected landowners. (Ord. 1459 § 3 (part), 2004: Ord. 1359 § 3 (part),
1999)
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Chapter 17.89: Water Allocation Regulations
Sections:
17.89.010
Purpose.
17.89.020
Definitions.
17.89.030
Requirement for water allocations— Exemptions.
17.89.040
Eligibility for water allocations.
17.89.050
Allowed water -use increases — Reserve categories.
17.89.060
Procedure for assigning water allocations.
17.89.070
Administration.
17.89.080
Fees.
17.89.090
Enforcement — Penalties.
17.89.100
Extension of planning approvals.
17.89.010 Purpose.
JunE2oo8
These regulations are to ensure that increased water use due to additional development
and changes in the use of land and buildings will not jeopardize adequate water service to
both existing users and new users. They are to help the city regain and then maintain a
balance between water use and reliable levels of supply, so the city can provide adequate
water service consistent with the goals and policies of the general plan. (Ord. 1280 § 2
Ex. A, 1995; Ord. 1211 § 1, 1992; Ord. 1119 § 3 (part), 1988)
17.89.020 Definitions.
As used in this chapter, the following terms shall have the indicated meanings:
A. "Affordable residential development" means a development having at least twenty -five
percent of total dwellings affordable to low- income residents, as provided in Chapter
17.90 of this title.
B. "Government development" means the construction of a building or other facility
serving a public function and owned by a government agency, such as the city, the
county, the state, the federal government, or a public school district. "Government
development" does not include governmentally assisted private development or
private development in partnership with or on land purchased or leased from a
government agency.
C. "Low -flow fixtures" means plumbing fixtures having the maximum flows allowed for
such fixtures in new construction, as provided by state law.
D. "Present water demand" is the result of multiplying the city's population, as estimated
by the California Department of Finance, by the water use rate in the city's adopted
urban water management plan.
E. "Residential development" means a development containing dwellings or group living
quarters, including manufactured housing or mobile homes, convalescent hospitals
and intermediate -care facilities, and emergency or temporary shelters. "Residential
development" does not include hotels, motels, hospitals, or recreational camps.
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F. "Safe annual yield" means the amount of water which the city is entitled to and which
can be withdrawn from reservoirs or groundwater sources annually, without depleting
the reservoirs or overdrafting the groundwater basin, as stated in the city's adopted
urban water management plan. The yield of a new water supply project shall be
counted toward safe yield only when construction has been initiated for the project.
(Ord. 1280 § 2 Ex. A, 1995; Ord. 1211 § 1, 1992; Ord. 1119 § 3 (part), 1988)
17.89.030 Requirement for water allocations— Exemptions.
A. A water allocation shall be required for all actions within the city which would increase
water use, except as provided in subsection (B) of this section or elsewhere in this
chapter. A water allocation shall be required to obtain a connection to the city water
system for a structure or facility not previously connected; change the use of land or
buildings, whether or not a construction permit is also required; and obtain a
construction permit.
B. A water allocation shall not be required for the following:
1. Building or enlarging a garage, storage shed, or other accessory structure which
would not increase water use, as determined by the community development
director.
2. Modifying or enlarging any building; provided, that the modification or
enlargement does not:
a. Create a greater number of dwellings.
b. Increase the occupant capacity of any group - quarters or congregate
residential facility.
c. Create additional hotel or motel units.
d. Increase the floor area of a nonresidential building by fifty percent or one
thousand square feet, whichever is greater.
3. Building a new structure or facility which replaces a structure or facility having
substantially the same or less water use, as determined by the community
development director.
4. Building a new structure or facility which is provided with its own water supply
which is approved by the city.
Building a new structure or facility which (a) through retrofit of permanent
watersaving devices reduces use of city water in existing structures or facilities by
an amount equal to at least twice the estimated water use of the proposed
development, as determined by the community development director (see also
Section 17.89.050(C) concerning limitation on retrofit potential for annexations),
or (b) funds the capital and any excess operating costs to provide permanent
sources of nonpotable water to replace city water sources in existing facilities.
6. Carrying out a government development (though the expected use of city water
by government developments shall be included at the time of construction when
determining the cumulative total of assigned, nonresidential water allocations).
(Ord. 1280 § 2 Ex. A, 1995; Ord. 1211 § 1, 1992; Ord. 1119 § 3 (part), 1988)
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17.89.040 Eligibility for water allocations.
june 2008
Water allocations shall be assigned to specific construction permits or requests to
connect specific structures or facilities. A structure or facility shall be eligible for a water
allocation only when each of the following has occurred:
A. All required city discretionary approvals have been obtained.
B. A complete construction permit application, request for connection, or other
applicable request for entitlement has been received by the community development
department.
C. Construction plans, or the structure or facility to be connected, include all applicable
water- saving features required by this code when the allocation is requested plus any
additional features required by ordinance or resolution of the council. (Ord. 1280 § 2
Ex. A, 1995; Ord. 1211 § 1, 1992; Ord. 1119 § 3 (part), 1988)
17.89.050 Allowed water -use increases — Reserve categories.
A. The city shall make available for allocation to development the amount of safe yield
which exceeds present water demand, provided that:
Until a two thousand acre -food reliability reserve plus five hundred acre -feet to
compensate for reservoir siltation have been obtained pursuant to the urban
water management plan, only one -half the excess of safe yield over present
demand will be available for allocation to development; and
2. Until substantially all toilets and showerheads in the city are low -flow fixtures, only
the additional safe yield from new water supply projects will be available for
allocation to development.
B. At least seven thousand seven hundred two acre -feet of safe yield shall be available
for existing and potential development within the city limits of July 1, 1994.
C. Projects outside the city limits of July 1, 1994, shall, in total, be eligible for exemptions
through retrofitting not to exceed thirty -three acre -feet net savings.
D. The total safe yield made available for allocation to development should be divided as
follows among the indicated types of development:
1. Residential, 56 percent;
2. Affordable residential, 10 percent;
3. Nonresidential, 34 percent.
E. An allocation forfeited pursuant to Section 17.89.060(F) shall be made available to
other applications within its use category. (Ord. 1280 § 2 Ex. A (part), 1995; Ord.
1211 § 1 (part), 1992; Ord. 1151 § 3 Ex. A, 1990: Ord. 1119 § 3 (part), 1988)
17.89.060 Procedure for assigning water allocations.
A. Water shall be allocated from the appropriate category, in the order complete
construction permit applications are received, until the next eligible application would
deplete the amount available for allocation. Applications shall then be held, with
pace 184
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assignment of any allocation in the order complete construction permit applications
have been received.
B. Affordable residential applications shall be allocated water from the residential
category until that reserve is exhausted, after which such applications shall be eligible
for allocations from the affordable residential reserve. During any July the city council
may reassign all or part of any unused reserve from the affordable residential
category to the residential category, upon determining that there is no foreseeable
need for the amount to be reassigned.
C. Developments with components in exclusive categories which cannot feasibly be
separated must obtain any required water allocation for each applicable category.
D. No project shall be allocated more than fifty percent of the available reserve within the
appropriate category; provided, that upon request by an applicant and upon finding
that a larger allocation to the certain project would further the intent of these
regulations, the council may permit a larger portion of the available reserve to be
allocated to that project. For the purposes of this section, "project" means the
smallest, whole development approved as a single discretionary action by the city,
including the construction within the area of a certain parcel map, tract map, planned
development, use permit, or architectural approval. "Project" does not include an
entire specific plan area.
E. A water allocation shall be forfeited upon expiration of any building permit application
or any valid building permit, or extension thereto, approved by the chief building
official.
F. An allocation shall not be transferred from one site or development to another, but it
may be otherwise transferred among parties.
G. Despite any other provision of these regulations, projects of the following type shall be
able to receive building permits:
Any project on a site which was within the city on March 15, 1989, and for which a use
permit application, an architectural review application, or a complete planned
development preliminary plan had been received by the city on or before March 15,
1989.
H. Despite any other provision of these regulations to the contrary, allocations shall be
provided for tenant improvements within buildings constructed before August 1, 1988,
within spaces which have been continuously vacant since completion of the building
shell, to the extent that the tenant's expected water use according to city schedules
does not exceed the lowest typical use for the type of building. (Ord. 1280 § 2 Ex. A
(part), 1995; Ord. 1211 § 1 (part), 1992; Ord. 1164 § 1, 1990; Ord. 1144 § 3, 1989:
Ord. 1119 § 3 (part), 1988)
17.89.070 Administration.
A. Deleted by Ord. 1384.
B. These regulations shall be administered by the community development department.
The community development director may prepare administrative procedures for this
purpose. These procedures may be reviewed and modified by the city council at any
time.
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The community development director shall establish the amount of required water
allocations for specific types of development. These allocations shall reflect the
expected net increase in water use on a development site. They shall be based
whenever possible on evaluation of water use records for similar types of
development within the city, and may take into account specific proposed features
which would result in a development using more or less water than generally
estimated for its category. The estimates shall be expressed as the number of acre -
feet per year a certain type of development is expected to use. (Ord. 1384 § 2, 2001;
Ord. 1280 § 2 Ex. A (part), 1995; Ord. 1211 § 1 (part), 1992; Ord. 1119 § 3 (part),
1988)
17.89.080 Fees.
No fee shall be charged for the administration of these regulations. The council may, by
separate action, establish capital facility fees to fund water conservation and supply
projects, or revise water rates, as deemed appropriate. (Ord. 1280 § 2 Ex. A (part), 1995;
Ord. 1211 § 1 (part), 1992; Ord. 1119 § 3 (part), 1988)
17.89.090 Enforcement— Penalties.
The following violations of these regulations. shall be a misdemeanor, punishable as
provided in Chapter 1.12 of this code:
A. Connection to the city water system or beginning construction of a development
without first obtaining any required water allocation.
B. Constructing or operating a structure or facility which has obtained an allocation
pursuant to these regulations in a manner that would have resulted in its not having
obtained the allocation. (Ord. 1280 § 2 Ex. A (part), 1995; Ord. 1211 § 1 (part), 1992;
Ord. 1119 § 3 (part), 1988)
17.89.100 Extension of planning approvals.
While these regulations are in effect, any use permit, variance, or architectural approval
which expires pursuant to this code shall automatically be extended for two years. Upon
written request by an applicant prior to expiration of the automatic renewal period, the
community development director, upon finding that conditions relevant to the approval
have not substantially changed, may grant extensions not to exceed one year each. (Ord.
1280 § 2 Ex. A (part), 1995; Ord. 1211 § 1 (part), 1992; Ord. 1119 § 3 (part), 1988)
pace 186
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Chapter 17.90: Affordable Housing Incentives
Sections:
17.90.010 Purpose.
17.90.020 Definitions.
17.90.030 Standard incentives for housing projects.
17.90.040 Standard incentives for conversion of apartments to condominium
projects.
17.90.050 Alternative or additional incentives.
17.90.060
Relationship to other city procedures.
17.90.070
Agreements for affordable housing.
17.90.080
Fees.
17.90.090
Affordability standards.
17.90.100
Occupant screening.
17.90.010 Purpose.
The purpose and intent of this chapter is to encourage housing projects which incorporate
units affordable to very-low, lower, and moderate income households, and qualifying
seniors, and which conform to city development policies and standards, by providing
density bonuses, or other equivalent incentives, as required by California Government
Code Section 65915, et seq. (Ord. 1282 § 2, 1995; Ord. 1035 § 1 (part), 1985)
17.90.020 Definitions.
For the purposes of this chapter, the following words and phrases shall have the meaning
set forth below:
A. "Density" means residential density as defined in Section 17.16.010 of this code.
B. "Density bonus" means a density increase of at least twenty -five percent over the
maximum density otherwise allowable under the zoning regulations.
C. "Director" means the community development director or his or her authorized
representative.
D. "Lower income households" shall have the meaning set forth in California Health and
Safety Code, Section 50079.5; provided the income of such persons and families
shall not exceed eighty percent of the median income within the county.
E. "Very-low income households" shall have the meaning set forth in California Health
and Safety Code, Section 50105.
F. "Moderate income households" shall include those persons and families whose
incomes exceed eighty percent but are less than or equal to one hundred twenty
percent of the median income within the county.
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G. "Affordable" shall mean residential rent costs or sales prices which conform to the
standards issued by the director and updated periodically to reflect state and /or
federal housing cost indices. (Ord. 1282 § 2, 1995; Ord. 1035 § 1 (part), 1985)
17.90.030 Standard incentives for housing projects.
A. This section shall apply only to housing projects consisting of five or more dwelling
units.
B. When a developer agrees to construct at least twenty percent of the units otherwise
allowable under the zoning regulations for persons or families of lower or moderate
income, the director shall grant the developer, upon the developer's request, a density
bonus equivalent to an increase in density of at least twenty -five percent over the
density otherwise allowed by the zoning regulations; and the developer shall be
eligible to receive at least one of the development incentives described in Section
17.90.050.
C. When a developer agrees to construct at least ten percent of the units otherwise
allowable under the zoning regulations for very-low income households, the director
shall grant the developer, upon the developer's request, a density bonus equivalent to
an increase in density of at least twenty -five percent over the density otherwise
allowed by the zoning regulations; and the developer shall be eligible for at least one
of the development incentives described in Section 17.90.050.
D. When a developer agrees to construct at least fifty percent of the total dwelling units
in a residential project for qualifying senior residents, as defined in Section 51.3 of the
Civil Code, the director shall grant the developer, upon the developer's request, a
density bonus equivalent to an increase in density of at least twenty -five percent over
the density otherwise allowed by the zoning regulations; and the developer shall be
eligible to receive at least one of the incentives described in Section 17.90.050.
E. If a developer agrees to construct housing for two or more of the categories listed in
Section 17.90.030.(B), (C), and (D) above, the developer shall be entitled to a density
bonus of at least twenty -five percent and shall be eligible to receive at least one of the
development incentives described in Section 17.90.050. The city may, upon the
developer's request, negotiate additional incentives in exchange for the increased
provision for affordable housing.
F. The developer may submit a preliminary proposal for the development of affordable
housing prior to the submittal of any formal requests for general plan amendments,
zoning amendments or subdivision map approvals. The city council shall, within
ninety days of receiving a written preliminary proposal, notify the housing developer in
writing of the procedures under which the city will comply with this chapter.
G. Any request for a density bonus or other incentives shall be in writing, and shall
include the following information, as well as any additional information required by the
director:
1. The name of the developer;
2. The location of the proposed project;
3. The density allowed under the zoning regulations, as well as the proposed
density;
pace 188
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junC 2008 zoninq nequtdtions
4. The number and type (bedroom count) of dwellings and identification of those
dwellings which are to be affordable to each household income category;
5. Whether the dwellings will be offered for sale or for rent;
6. The proposed sales price, financing terms, rental rates or other factors which will
make the dwellings affordable to very-low, lower and moderate income
households. (Ord. 1282 § 2, 1995; Ord. 1035 § 1 (part), 1985)
17.90.040 Standard incentives for conversion of apartments to
condominium projects.
A. When an applicant for approval to convert apartments to condominium units agrees
to provide at least thirty -three percent of the units of the proposed condominium
project to households of lower or moderate income, or fifteen percent of the units of
the proposed condominium project to very-low income households, and agrees to pay
for the reasonable, necessary administrative costs incurred by the city pursuant to this
section, the director shall grant a density bonus equivalent to an increase in the units
of twenty -five percent over the number of apartments, to be provided within the
existing structure or structures proposed for conversion; provided, the director may
place such reasonable conditions on the granting of the density bonus as he or she
finds appropriate including, but not limited to, conditions which assure continued
affordability of units to the targeted income groups or qualifying seniors.
B. Nothing in this section shall be construed to require the city to approve a proposal to
convert apartments to condominiums.
C. An applicant shall not be eligible for a density bonus under this section if the
apartments proposed for conversion constitute a housing development for which a
density bonus or other incentives were provided under Sections 17.90.030 or
17.90.050.
D. The city shall grant the developer's request for development incentive(s) unless the
city council makes written findings of fact that the additional incentive(s) are not
required to achieve affordable housing objectives as defined in Section 50062.5 of the
Health and Safety Code, or to ensure that rents for the targeted dwelling units will be
set and maintained in conformance with city affordable housing standards. (Ord. 1282
§ 2, 1995; Ord. 1035 § 1 (part), 1985)
17.90.050 Alternative or additional incentives.
A. When a developer agrees to construct housing for households of very-low, lower or
moderate income households, or for qualifying senior households, and desires an
incentive other than a density bonus as provided in Section 17.90.030 of this chapter,
or when an applicant for approval to convert apartments to a condominium project
agrees to provide housing for households of very low, lower, or moderate income, or
for qualifying senior households, and desires an incentive other than a density bonus
as provided in Section 17.90.040, the developer or the applicant shall submit a
proposal for consideration by the council.
B. If the proposal is submitted by a developer of a housing project, the proposal shall
include information set forth in Section 17.90.030 (G), as well as a description of the
requested incentive, an estimate of the incentive's financial value in comparison with
the financial of the density bonus allowed in Section 17.90.030, as well as the basis
pAC,C 189
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for the comparison estimate. Alternative incentive proposals may include but are not
limited to one or more of the following:
1. Density bonus in excess of that provided in Section 17.90.030;
2. Waiver of application and processing fees;
3. Waiver of utility connection or park land in -lieu fees or park land dedication
requirement;
4. City funded installation of off -site improvements which may be required for the
project, such as streets or utility lines;
5. Write -down of land costs;
6. Direct subsidy of construction costs or construction financing costs;
7. Approval of exceptions to subdivision or zoning property development standards,
but only to the extent that such exceptions would be authorized by relevant
provisions of this code; provided, that any proposal for an incentive which
requires a direct financial contribution from the city shall also include provisions
for assuring continued availability of designated units at affordable rents or sales
prices for a period of not less than thirty years, or as otherwise required by state
law.
8. Provide other incentives of equivalent financial value to a density bonus based
upon the land cost per dwelling unit.
C. If the proposal is submitted by an applicant for approval to convert apartments to a
condominium project, the proposal shall include those relevant items set forth in
Section 17.90.030 (G), plus the requested incentive, an estimate if the incentive's
financial value in comparison with the financial value of the density bonus as set forth
in Section 17.90.040, and the basis for the comparison estimate. Nothing in this
section shall be construed to require the city to provide cash transfer payments or
other monetary compensation. The city may reduce or waive requirements which the
city might otherwise apply as conditions of conversion approval.
D. Nothing in this section shall be construed to require the council to approve any
alternate incentive. The developer or applicant has the standard incentive of a density
bonus under Sections 17.90.030 and 17.90.040 if the council fails to approve an
alternative incentive.
E. The council action on any alternative incentive proposal shall be by resolution. Any
such resolution shall include findings relating to the information required in subpart B
or C of this section.
F. The council shall respond to a proposal within ninety days after submittal of a
complete proposal. The city clerk shall notify the developer or the applicant of the
council's response. Should the council fail to approve a proposal for alternative
incentives within ninety days after submittal of a complete proposal, the proposal shall
be deemed denied, and the city clerk shall so advise the developer or applicant in
writing. (Ord. 1282 § 2, 1995; Ord. 1035 § 1 (part), 1985)
pace 190
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junE 2008 zonlnc, Reclutations
17.90.060 Relationship to other city procedures.
A. Projects incorporating affordable housing and receiving density bonuses, incentives,
or alternative incentives as provided in this chapter shall receive high priority
processing, to the extent allowed by law. Operation of Sections 17.90.030 or
17.90.040, or approval of alternative incentives as provided in Section 17.90.050 shall
not be construed as a waiver of standard development review procedures or an
exemption of the project from city development standards other than those explicitly
listed in the approving resolution. Should a project fail to receive any required city
approval, the density bonus or alternative incentive granted under this chapter shall
be null and void.
B. Applications of Sections 17.90.030 and 17.90.040 to projects shall be ministerial acts
for purposes of environmental review. Environmental documents need not be filed
solely for recordation of agreements concerning the density bonus and provision of
affordable housing. Normal environmental review procedures shall apply to the
project applications.
C. If the council approves an alternative incentive as provided in Section 17.90.050, such
approval shall be subject to and conditioned upon an environmental determination
being made for the project in the usual manner. The community development
department shall outline for the council any probable, significant environmental effects
which would result from the proposed incentive. (Ord. 1282 § 2, 1995; Ord. 1035 § 1
(part), 1985)
17.90.070 Agreements for affordable housing.
Prior to the issuance of construction permits for any project incorporating a density bonus
or other incentive as provided in this chapter, the city and the project owner(s) shall enter
into an agreement in a form acceptable to the city attorney, to be recorded in the office of
the county recorder. The agreement shall specify mechanisms or procedures to assure
the continued affordability and availability of the specified number of dwelling units to very-
low, lower, and moderate income households and /or qualifying seniors. The agreement
shall also set forth those items required by Section 17.90.030 (G) of this chapter or any
alternative incentives granted pursuant to Section 17.90.050 of this chapter. The
agreement shall run with the land and shall be binding upon all heirs, successors or
assigns of the project or property owner, and shall ensure affordability for a period of not
less than thirty years, or as otherwise required by state law. (Ord. 1282 § 2, 1995; Ord.
1035 § 1 (part), 1985)
17.90.080 Fees.
A. No fee in addition to normal project application fees shall be charged for a request for
a density bonus pursuant to the provisions of Sections 17.90.030 or 17.90.040,
except for reasonable, necessary administrative costs incurred by the city pursuant to
Section 17.90.040.
B. A fee not to exceed the amount charge for "preapplication concept review" may be
charged for proposals submitted pursuant to the provisions of Section 17.90.050.
(Ord. 1282 § 2, 1995; Ord. 1035 § 1 (part), 1985)
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17.90.090 Affordability standards.
june 2008
A. The community development department shall publish and revise as needed a
schedule of rental rates and sales prices for dwellings which will be affordable to
households with incomes as provided in this chapter. The schedule shall substantially
conform with the affordability standards as established by state or federal law.
B. The maximum rental rates and sales prices as revised, generally on an annual basis,
shall remain in effect for projects receiving density bonuses or additional incentives
under this chapter as provided in the affordable housing agreement, but in no case
less than the minimum term required by state law. (Ord. 1282 § 2, 1995; Ord. 1035
§ 1 (part), 1985)
17.90.100 Occupant screening.
A. The affordable dwellings developed pursuant to this chapter shall be available to
qualified occupants without regard to race, religion, national origin, sex, occupation or
other affiliation. Occupants may be screened on the basis of age only to qualify those
occupants seeking housing designed for the elderly.
B. The city housing authority shall screen prospective occupants so that dwellings
developed pursuant to this chapter shall be occupied by households with the
appropriate qualifying incomes or ages. Owners of projects shall enter into
agreements with the housing authority for such screening services.
C. Preference in occupant screening shall be given to those employed within or residing
within the city or the immediately surrounding area, to the extent that this provision
does not conflict with state or federally funded housing assistance programs which
may apply to a particular project, or other applicable law. This section is to insure that
those households having the greatest difficulty obtaining housing at market rates
within the city shall be able to occupy affordable housing made available pursuant to
this chapter. (Ord. 1282 § 2, 1995; Ord. 1035 § 1 (part), 1985).
PAGE 192
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junC 2008 zonlnc, Requldtions
Chapter 17.91: Inclusionary Housing Requirements
Sections:
17.91.000
Title.
17.91.010
Purpose.
17.91.020
Definitions.
17.91.030
Applicability and exclusions.
17.91.040
General standards.
17.91.050
Procedures.
17.91.060
In -lieu housing fee.
17.91.070
Affordable housing fund established.
17.91.080
Real property dedication.
17.91.090
Incentives.
17.91.100
Project application.
17.91.110
Conditions of development approval.
17.91.120
Program requirements.
17.91.130
Eligibility screening.
17.91.140
Affordability restrictions.
17.91.150
Shared equity purchase program.
17.91.151
Early resale of shared equity properties.
17.91.160
Management and monitoring.
17.91.170
Enforcement and appeals.
17.91.180
Severability.
17.91.000 Title.
The provisions of this chapter shall be known collectively as the inclusionary housing
requirement of the city of San Luis Obispo. (Ord. 1458 § 3 (part), 2004: Ord. 1348 § 2
(part), 1999)
17.91.010 Purpose.
The purpose and intent of this chapter is to promote the public welfare by increasing the
production and availability of affordable housing units, and to establish an inclusionary
housing requirement which implements general plan policies guiding land use and
housing development. (Ord. 1458 § 3 (part), 2004: Ord. 1348 § 2 (part), 1999)
17.91.020 Definitions.
For the purposes of this chapter, the following words and phrases shall have the meaning
set forth below:
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A. "Affordable" means housing which can be purchased or rented by a household with
very low -, low -, or moderate - income, as described in the city's affordable housing
standards.
B. "Affordable housing agreement" shall mean a written agreement between the
developer, city and possibly additional parties which specifies the terms and
conditions under which affordable housing requirements are to be met.
C. "Affordable housing fund" means a fund established and administered by the city,
containing in -lieu fees and other funds held and used exclusively to increase and
improve the supply of affordable housing.
D. "Affordable housing project" shall mean a development project in which one hundred
percent of the dwellings to be built will be sold or rented in conformance with the city's
affordable housing standards.
E. "Building valuation" shall mean the total value of all construction work for which a
construction permit is required, as determined by the chief building official using the
Uniform Building Code.
F. "Commercial project" means a development project involving primarily nonresidential
uses, including retail, office, service- commercial, light- industrial, neighborhood -
commercial, tourist - commercial, and manufacturing uses as further described in the
zoning regulations.
G. "Density" means residential density as defined in Section 17.16.010 of this code.
H. "Density bonus" means a density increase of at least twenty -five percent over the
maximum density otherwise allowable under the zoning regulations.
I. "Development project" shall mean an activity for which a subdivision map or
construction permit is required, including new buildings and building additions or
remodels as described in Section 17.91.030, but not including changes in ownership,
occupancy, management or use.
"Director" means the community development director or his or her authorized
representative.
K. "Equity build -up" shall mean a property's sales price at first resale, less the initial
purchase price and less the city's equity share as described in Section 17.91.150.
L. "Expansion area" means a land area proposed for annexation to the city or annexed
after the adoption date of the ordinance codified in this chapter.
M. " Inclusionary housing unit" means a dwelling which is built under the provisions of this
chapter, and which meets the city's affordable housing standards.
N. "In -lieu fee" means a fee paid to the city as an alternative to the production of
inclusionary housing, to be used in the acquisition, construction, or rehabilitation of
affordable housing.
O. "Low -" or "lower- income households" shall have the meaning set forth in California
Health and Safety Code Section 50079.5; provided, the income of such persons and
families shall not exceed eighty percent of the median income within the county.
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P. "Market value" shall mean the highest price a willing buyer would pay and a willing
seller would accept, both being fully informed and in an open market, as determined
by an appraiser or other qualified professional.
Q. "Mixed use development project" shall mean a development project which combines
residential and nonresidential uses on the same lot, pursuant to city zoning
regulations.
R. "Moderate- income households" shall include those persons and families whose
incomes exceed eighty percent but are less than or equal to one hundred twenty
percent of the median income within the county.
S. "Real property" shall mean land and improvements, if any, including anything
permanently affixed to the land, such as buildings, walls, fences, and paved areas.
T. "Residential project' shall mean development projects which result in the subdivision
of land and /or the construction or conversion of dwellings, including, but not limited to,
single - family detached homes, apartments, condominiums, live /work studios, mobile
homes, and group housing.
U. "Very low income" shall have the meaning set forth in California Health and Safety
Code Section 50105; provided, that such income level shall not exceed fifty percent of
median income within the county. (Ord. 1458 § 3 (part), 2004: Ord. 1348 § 2 (part),
1999)
17.91.030 Applicability and exclusions.
A. This chapter shall apply to development projects consisting of five or more lots or new
dwelling units, and to commercial development projects consisting of two thousand
five hundred square feet of gross floor area or larger.
B. The following types of development projects are excluded:
1. Residential developments of four units or less;
2. New commercial developments of less than two thousand five hundred square
feet gross floor area;
3. Residential and commercial building additions, repairs or remodels; provided, that
such work does not increase the number of existing dwellings by four or more
units, or result in an increase in gross floor area of two thousand five hundred
square feet;
4. The conversion of less than five dwelling units to condominiums within any five -
year period;
5. Commercial condominium conversions which do not result in the creation of new
dwellings;
6. Affordable housing projects;
7. Emergency projects, or projects which the city council determines are necessary
to protect public health and safety;
8. Development projects which the city council determines are essentially
noncommercial or nonresidential in nature, which provide educational, social or
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related services to the community and which are proposed by public agencies,
nonprofit agencies, foundations and other similar organizations;
9. Projects which replace or restore a structure damaged or destroyed by fire, flood,
earthquake or other disaster within three years prior to the application for the new
structure(s);
10. Projects for which an approved tentative map or vesting tentative map exists, or
for which a construction permit was issued prior to the effective date of the
ordinance codified in this chapter and which continue to have unexpired permits.
(Ord. 1458 § 3 (part), 2004: Ord. 1348 § 2 (part), 1999)
17.91.040 General standards.
A. Methods of Meeting Requirements. New development projects shall satisfy the
inclusionary housing requirements, as specified in Tables 2 and 2A of the general
plan housing element, which provide that all nonexempt development projects shall
contribute toward the production of affordable housing by constructing at least one
affordable dwelling unit or paying an in -lieu fee. To meet the requirements, the
developer shall comply with one or more of the following methods:
1. Construct the required number of affordable dwelling units, as specified in Table
2, as adjusted by Table 2A; or
2. Pay an in -lieu fee as described in Table 2, as adjusted by Table 2A. For
development projects in which the adjustment factor under Table 2A equals zero
( "0 "), the minimum adjustment factor shall be 0.25 (resulting in a minimum in -lieu
fee of 1.25 percent of the building valuation for in -city development projects and
commercial developments in expansion areas, and 3.75 percent of building
valuation for residential developments in expansion areas); or
3. Dedicate real property for affordable housing; or
4. Use a combination of the above methods, to the approval of the city council.
B. Affordable Housing Standards. Affordable dwelling units constructed must meet
city affordable housing standards, and must be consistent with affordability policies in
the general plan housing element.
C. Concurrent Development. The required inclusionary units shall be constructed
concurrently with market rate units unless the developer and the city council agree
within an affordable housing agreement to an alternative development schedule.
(Ord. 1458 § 3 (part), 2004: Ord. 1348 § 2 (part), 1999)
17.91.050 Procedures.
A. Fractional Numbers. In determining the number of dwellings that are required to be
built pursuant to Table 2, fractional units less than 0.50 shall be rounded down to the
first whole number unit, and fractional units of 0.50 or greater shall be rounded up to
the next higher whole number unit, as calculated by the director.
B. Determining Adjustment Factor Using Project Density and Average Unit Size.
To determine the adjustment factor in Table 2A, project density shall be calculated by
dividing the total number of density units proposed (including density bonus where
applicable) by the development project site's net area. Average floor area shall be
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calculated by dividing the total gross floor area of all dwellings (excluding garages)
within the development project by the total number of dwellings. Dedicated open
space shall not be included in a site's net area.
C. Mixed Use Development Projects. For mixed -use development projects with five or
more dwellings, the inclusionary housing requirement is determined by: (1) using
Table 2 to calculate the base inclusionary requirement for the commercial use, and
(2) using Table 2A to adjust the base requirement based on project density and
average unit size, as described in subsection B of this section. For mixed use
development projects with less than five dwellings, the base inclusionary housing
requirement for the commercial use shall apply.
D. Timing. The inclusionary housing requirement shall be met prior to issuance of a
certificate of occupancy for the first unit in a building, or the first building in a complex
to be constructed or remodeled; or for subdivisions, prior to final map approval; or
prior to building permit issuance, for projects for which a certificate of occupancy is
not issued; or as otherwise agreed to by the city council as part of tentative map,
rezoning, conditional use permit or other development approval.
E. Affordable Housing Agreement. To meet the requirement, the developer may enter
into an agreement with the city, the city's housing authority, nonprofit housing
provider, or other qualified housing provider approved by the city council to construct,
refurbish, convert, operate and maintain the required affordable housing. Such
affordable housing agreements shall be to the approval of the director and shall be in
a form approved by the city attorney. (Ord. 1458 § 3 (part), 2004: Ord. 1348 § 2 (part),
1999)
17.91.060 In -lieu housing fee.
A. Payment of In -Lieu Fee. Developer may, at his or her discretion, choose to pay a fee
to the city or dedicate real property in lieu of constructing affordable dwellings to meet
this requirement.
B. Amount and Method of Payment. The dollar amount and method of payment of the
in -lieu fee shall be as described in Table 2, and where applicable, as adjusted by
Table 2A of the general plan housing element, as further described in Section
17.91.040(A)(2), to the approval of the director. For subdivisions in which the
construction valuation is not known, the director shall estimate the average
construction valuation based on lot area, land value, and applicable city development
standards. Developer shall use the estimated average construction valuation to
determine the amount of in -lieu fees.
C. Timing. In -lieu fees shall be paid prior to release of occupancy of the first dwelling
within a residential development; or for residential subdivisions to be built out by
others, prior to final subdivision map approval; or prior to occupancy for new
commercial buildings or remodels; or prior to building permit issuance, for projects for
which a certificate of occupancy is not issued; or as otherwise provided by written
agreement between the developer and city, to the approval of the director. (Ord. 1458
§ 3 (part), 2004: Ord. 1348 § 2 (part), 1999)
17.91.070 Affordable housing fund established.
The city hereby establishes an affordable housing fund. Said fund shall be administered
by the finance director and shall be used exclusively to provide funding for the provision of
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affordable housing and for reasonable costs associated with the development of
affordable housing, at the discretion of the city council.
A. In -Lieu Fees. In -lieu fees collected shall be deposited into the affordable housing
fund, to the satisfaction of the finance director. (Ord. 1458 § 3 (part), 2004: Ord. 1348
§ 2 (part), 1999)
17.91.080 Real property dedication.
A. Irrevocable Offer to Dedicate Real Property. At the discretion of the city council, an
irrevocable offer to dedicate real property equal or greater in value to the in -lieu fee
which would otherwise be required may be offered to the city, or to a housing provider
designated by the city, instead of providing the required number of affordable
dwellings or paying in -lieu fees. In considering an offer to dedicate real property, the
city council must find that the dedication of real property will provide equal or greater
public benefit than constructing affordable units or paying in -lieu fees, based on the
following criteria:
1. Valuation of the land and /or improvements to be dedicated relative to other
methods of meeting the requirement;
2. Suitability of the land and /or improvements for housing, including general plan
conformity, size, shape, topography, and location; and
3. Feasibility of developing affordable housing, including general plan consistency,
and availability of infrastructure.
B. Real Property Valuation. The valuation of real property offered in -lieu shall be
determined by the director, based upon an appraisal made by a qualified appraiser
mutually agreed to by the developer and the city. Costs associated with the appraisal,
title insurance and transfer, recordation and related costs shall be borne by the
developer.
C. Agreement and Timing. The real property dedication shall be by deed or other
instrument acceptable to the city, and shall be completed by recordation with the
recorder of the county of San Luis Obispo prior to occupancy release of the first
residential unit or commercial building in the development; or prior to building permit
issuance, for projects for which a certificate of occupancy is not issued; or as
otherwise provided by written agreement between the developer and the city. (Ord.
1458 § 3 (part), 2004: Ord. 1348 § 2 (part), 1999)
17.91.090 Incentives.
A. Eligibility for Incentives. The developer may be eligible to receive or to request
development incentives in return for constructing affordable housing in connection
with a development project, pursuant to the affordable housing incentives (Chapter
17.90), as part of a city planning application. Incentives or other forms of financial
assistance may be offered by the city to the extent that resources are available for
this purpose and to the degree that such incentives or assistance will help achieve the
city's housing goals.
B. Affordable Housing Agreement. Any incentives provided by the city, beyond those
incentives to which a developer may be automatically entitled to under Chapter 17.90
of this code, shall require city council approval and shall be set out in an affordable
housing agreement. The form and content of such agreement shall be to the approval
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of the city attorney and the director. Developers are further encouraged to utilize other
local, state or federal assistance, when available, to meet the affordable housing
standards. (Ord. 1458 § 3 (part), 2004: Ord. 1348 § 2 (part), 1999)
17.91.100 Project application.
A. Method of Application. An applicant/developer proposing a project for which
affordable housing is required shall submit a statement with the standard planning
application, describing the inclusionary housing proposal. The developer's statement
shall include:
A brief description of the proposal, including the method chosen to meet the
inclusionary housing requirement; number, type and location of affordable units;
term of affordability; preliminary calculation of in -lieu fees; or offer of land
dedication;
2. How the proposal meets general plan policies and inclusionary housing
requirements;
3. Plans and other exhibits showing preliminary site layout, grading, building
elevations, parking and other site features, location of affordable dwelling units,
and (where applicable) market -rate dwelling units;
4. Description of incentives requested, including exceptions from development
standards, density bonuses, fee waivers or other incentives; and
5. Other information which the director determines necessary to adequately
evaluate the proposal, including but not limited to the method proposed to award
occupancy of the affordable units.
B. Director Response. After receiving a complete planning application, including an
affordable housing proposal, the director shall respond to the applicant or developer's
affordable housing proposal. The city response shall identify: (1) affordable housing
issues and concerns; (2) incentives which the director can support when making a
recommendation to the decision - making body; and (3) procedures which will need to
be followed to comply with the inclusionary housing requirements. (Ord. 1458 § 3
(part), 2004: Ord. 1348 § 2 (part), 1999)
17.91.110 Conditions of development approval.
A. Submittal of an Affordable Housing Agreement. Applicants and developers for
development projects subject to this chapter shall, as a condition of development
approval, prepare and submit an affordable housing agreement for city approval. The
draft agreement shall be reviewed by the director and city attorney for compliance
with project approvals, city policies and standards, and applicable codes. Following
approval and signing of the agreement by the parties, the final agreement shall be
recorded and relevant terms and conditions shall be recorded as a deed restriction on
those lots or affordable units subject to affordability requirements. The affordable
housing agreement shall be binding to all future owners and successors in interest.
B. Agreements for Constructing Affordable Units. For development projects meeting
their inclusionary requirement through construction of affordable dwelling units, the
affordable housing agreement shall specify:
1. The number and location of affordable units;
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2. The size (square footage), number of bedrooms, and design of the affordable
units;
3. Terms of affordability;
4. Schedule for construction of the affordable units;
5. Incentives or other assistance to be provided by the city;
6. Where applicable, the procedures to be used for qualifying tenants or buyers,
setting rental /sales costs, renting or selling units, filling vacancies, and managing
the units; and
7. Mechanisms or procedures to assure that the selection of potential residents
takes place via an open, public process including but not limited to a lottery,
selection by the housing authority or other non - profit 3rd party, or by other means
that insure (qualified) members of the community have an equal chance at
participation. The agreement shall also specify the mechanism or procedures
used to assure the continued affordability and availability of the specified number
of dwelling units to very-low, lower, and moderate income households and /or
qualifying seniors.
8. Other terms or conditions requested by city.
C. Agreements for Real Property Dedication. For development projects meeting their
inclusionary housing requirement through real property dedication, the agreement
shall specify:
1. The method of conveyance, schedule, and appraised value of the proposed
dedication;
2. Calculation of housing in -lieu fees otherwise applicable to the project at the time
of recordation;
3. Title report and insurance;
4. Description of location, condition, improvements, and other relevant factors
applying to the property; and
5. Other information required by the city.
D. Payment of In -Lieu Fees. An affordable housing agreement shall not be required for
projects which meet their inclusionary housing requirement through the payment of in-
lieu fees. (Ord. 1458 § 3 (part), 2004: Ord. 1348 § 2 (part), 1999)
17.91.120 Program requirements.
Only households qualifying as very low -, low- or moderate - income, pursuant to the
affordable housing standards, shall be eligible to rent, purchase or occupy inclusionary
units developed or funded in compliance with this requirement. For sale inclusionary
housing units shall be owner - occupied for the term of the affordable housing agreement.
(Ord. 1458 § 3 (part), 2004: Ord. 1348 § 2 (part), 1999)
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17.91.130 Eligibility screening.
The city, its housing authority, or other housing provider designated by the city shall
screen prospective renters or buyers of affordable units. Renters or buyers of affordable
units shall enter into an agreement with the city, its housing authority or other housing
provider to comply with the affordable housing standards. Occupants must be selected by
means of an open, public process which ensures that individuals of a group of interested
participants have equal probability of selection. Private selection of individuals by project
owners is not permitted except for any affordable units provided in excess of the required
inclusionary units. (Ord. 1458 § 3 (part), 2004: Ord. 1348 § 2 (part), 1999)
17.91.140 Affordability restrictions.
Developers of affordable units for sale shall specify the type of affordability restriction to
be applied. The developer shall choose to either: (1) participate in a shared equity
purchase program, as described in Section 17.91.150, or (2) enter into an affordable
housing agreement to ensure that affordability is maintained for the longest period
allowed or required by state law, but not less than thirty years. Affordable rental units shall
be affordable for the longest period allowed or required by state law, but not less than
thirty years. (Ord. 1348 § 2 (part), 1999)
17.91.150 Shared equity purchase program.
A. Under this program, the qualified buyer of a designated affordable dwelling unit shall
enter into a shared equity agreement with the city. Said agreement shall be recorded
as a second trust deed against the purchased property, at no interest, securing and
stating the city's equity share in the property. The city's equity share shall be
calculated by the director, and shall be the decimal percentage of the property's value
resulting from:
1. The difference between the property's market value and the actual price paid by
the homeowner, divided by the market value; and /or when applicable,
2. The amount of subsidy provided by the city to the homeowner to purchase the
property, divided by the property's market value.
B. Upon sale, the city's equity share shall be repaid to the city from the proceeds of the
sale, less the city's percentage share of title insurance, escrow fees and documentary
transfer taxes, at the close of escrow. (Ord. 1458 § 3 (part), 2004: Ord. 1348 § 2
(part), 1999)
17.91.151 Early resale of shared equity properties.
In the event of "early resale," owners of properties subject to the shared equity purchase
program shall either: (1) pay an equity recapture fee to the city as described in the
schedule below, in addition to the city's equity share, or (2) sell the property to another
eligible household. "Early resale" shall mean the sale, lease or transfer of property in
within five years of the initial close of escrow. If the owner chooses to pay the equity
recapture fee, the recapture fee shall be paid to the city upon resale at close of escrow,
based on the following schedule:
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Year % of Equity Build -up Recaptured
0 -2
100%
3
75%
4
50%
5
25%
6 and after
0%
junE 2008
The recapture amount shall be determined prior to the calculation of escrow closing costs.
(Ord. 1458 § 3 (part), 2004: Ord. 1348 § 2 (part), 1999)
17.91.160 Management and monitoring.
Inclusionary rental units shall be managed and operated by the property owner, or the
owner's agent, for the term of the affordable housing agreement. Sufficient
documentation shall be submitted to ensure compliance with this chapter, to the
satisfaction of the director. (Ord. 1458 § 3 (part), 2004: Ord. 1348 § 2 (part), 1999)
17.91.170 Enforcement and appeals.
A. Enforcement. No final subdivision map shall be approved, nor building permit issued,
nor shall any other development entitlement be granted for a development project
which does not meet these requirements. No inclusionary unit shall be rented or sold
except in accordance with these requirements and the affordable housing standards.
B. Appeals. The director shall administer and interpret these requirements, subject to
applicable codes and city procedures. Decisions of the director are appealable,
subject to the zoning regulations appeal provisions (Chapter 17.66). (Ord. 1458 § 3
(part), 2004: Ord. 1348 § 2 (part), 1999)
17.91.180' Severability.
If any provision of this chapter or the application thereof to any person or circumstances is
held invalid, the remainder of the chapter and the application of the provision to other
persons or situations shall not be affected thereby. (Ord. 1458 § 3 (part), 2004: Ord. 1348
§ 2 (part), 1999)
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Chapter 17.92: Onshore Support Facilities
Sections:
17.92.010 Findings.
17.92.020 Prohibited.
17.92.010 Findings.
A. There is a strong likelihood that serious adverse effects will result from onshore
processing, storage or related service facilities supporting offshore oil and gas
development authorized by the federal and state governments.
B. Such facilities would threaten the community's vital economy and environmental
quality. (Ord. 1071 § 2 (1) (part), 1986)
17.92.020 Prohibited.
No onshore support facility for offshore oil or gas development shall be allowed or
permitted within the city until such time that the council proposes the inclusion of such
uses in an appropriate zone district or districts, and such proposal has been approved by
a vote of the people of the city. For the purpose of this chapter, the term 'onshore support
facility" means any activity or land use required to support directly the exploration,
development, production, storage, processing, transportation or related aspects of
offshore energy resource extraction. (Ord. 1071 § 2 (1) (part), 1986)
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Chapter 17.93: High- Occupancy Residential Use Regulations
Sections:
17.93.010
Purpose.
17.93.020
Definitions.
17.93.030
General requirements.
17.93.040
Performance standards.
17.93.050 Administration.
17.93.060 Periodic review, violations and enforcement.
17.93.010 Purpose.
This chapter is intended to promote the quality of life in low- density and medium - density
residential neighborhoods by ensuring that dwellings provide adequate support facilities.
(Ord. 1154 § 1 (part), 1990)
17.93.020 Definitions.
A. "Adult" means a person eighteen years of age and older.
B. "High- occupancy residential use" means any dwelling, other than a "residential care
facility" as defined in Section 17.100.180, in the R -1 or R -2 zones when the
occupancy of the dwelling consists of six or more adults.
C. "Tandem parking" means the arrangement of parking where no more than two cars
are arranged in tandem, one in front of the other. (Ord. 1154 § 1 (part), 1990)
17.93.030 General requirements.
A. Applicability. A high- occupancy residential use is allowed in the R -1 and R -2 zones
subject to the performance standards set forth in Section 17.93.040.
B. Relation to Zone Standards. Where this chapter does not contain a particular type
of standard or procedure, conventional zoning standards shall apply.
C. Exceptions or Variances. Nothing in this section prohibits applicants from
requesting exceptions or variances from the strict interpretation of zoning regulations
to the extent allowed by said regulations for any use. (Ord. 1154 § 1 (part), 1990)
17.93.040 Performance standards.
A. Upon approval of an administrative use permit, as defined by Chapter 17.58, a high -
occupancy residential use may be established with occupancy of six or more adults.
The purpose of the use permit is to ensure compliance with the performance
standards described in this section, and to ensure the compatibility of the use at
particular locations.
1. The dwelling must contain a minimum three hundred square feet of gross floor
area, less garage area, per adult.
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2. The parking requirement shall be the greater of:
a. The number of spaces required for dwellings as described in Section
17.16.060; or
b. One off - street parking space per adult occupant, less one.
3. The parking of one vehicle within a required street yard or setback is allowed.
Parking in other yards is prohibited.
4. Each required parking space shall be of an all- weather surface.
5. Upon approval of the community development director, parking may be provided
in tandem.
6. There shall be a minimum of one bathroom provided for every three adult
occupants.
7. The dwelling must meet all current building, health, safety and fire codes and
have been built with all required permits. (Ord. 1154 § 1 (part), 1990)
17.93.050 Administration.
A. Permit Requirement. For high- occupancy residential uses with six or more adult
occupants, the applicant shall apply for and obtain an administrative use permit as
defined by zoning regulations. The applicant shall submit and certify the following
information as part of the application for an administrative use permit:
1. Address of dwelling;
2. A site plan which shows:
a. The entire boundary of the site as well as adjacent structures within twenty
feet;
b. The number and location of off - street parking spaces;
c. The gross floor area of the dwelling in square feet;
d. The floor plan for the dwelling with the rooms clearly labeled;
3. The number of proposed adult occupants;
4. Owner's signature;
5. Any other information deemed necessary by the community development
director. (Ord. 1154 § 1 (part), 1990)
17.93.060 Periodic review, violations and enforcement.
A. Period Review. High- occupancy residential uses shall be reviewed annually to
ensure compliance with the provisions of this chapter. The use permit shall be
reviewed annually for compliance with this chapter. It shall be the responsibility of the
property owner to initiate the review and pay applicable fees.
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B: Violations. Violation of any of the provisions of this chapter shall be the basis for
enforcement action by the city which may include revocation of a previously approved
use permit. (Ord. 1154 § 1 (part), 1990)
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Chapter 17.94: Development Agreements
Sections:
17.94.010 Purpose and scope.
17.94.020 Authority.
17.94.030
Initiation of hearings.
17.94.040
Applications —Legal interest.
17.94.050
Fees.
17.94.060
Preapplication review.
17.94.070
Application— Contents.
17.94.080
Public notice.
17.94.090 Failure to receive notice.
17.94.100 Planning commission hearing and recommendation.
17.94.110 City council hearing.
17.94.120 City council action.
17.94.130 Development agreement— Contents.
17.94.140 Development agreement— Adoption by ordinance — Execution of
contract.
17.94.150 Recordation of executed agreement.
17.94.160 Ordinances, regulations and requirements applicable to development.
17.94.170 Subsequently enacted state and federal laws.
17.94.180 Enforcement — Continuing validity.
17.94.190 Amendment —Time extension — Cancellation.
17.94.200
Review for compliance— Director's authority.
17.94.210
Violation of agreement — Council review and action.
17.94.220
Modification or termination for violations.
17.94.230 Consequences of termination.
17.94.240 Irregularity in proceedings.
17.94.250 Coordination of approvals.
17.94.010 Purpose and scope.
Development agreements specify the rights and responsibilities of the city and
developers. Used in conjunction with subdivision approval, annexation, rezoning, or
architectural approval, development agreements establish the terms and conditions under
which development projects may proceed. Development agreements are best used for
large, complex or phased projects which require extended construction time and which
involve numerous public improvements such as streets, utilities, flood improvements,
schools, parks and open space and other improvements of community -wide benefit.
Under a development agreement, projects may proceed under the rules, standards,
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policies and regulations in effect at the time of original project approval. (Ord. 1134 § 1
(part), 1989)
17.94.020 Authority.
This chapter establishes procedures and requirements for development agreements the
purposes specified in and as authorized by Article 2.5, Chapter 4, Title 7 of the
Government Code, Sections 65864 et seq. The planning commission may recommend
and the city council may enter into a development agreement for the development of real
property with any person having a legal or equitable interest in such property, as provided
below. At its sole discretion, the council may, but is not required to, approve a
development where a clear public benefit or public purpose can be demonstrated. (Ord.
1134 § 1 (part), 1989)
17.94.030 Initiation of hearings.
Hearings on a development agreement may be initiated: (A) upon the filing of an
application as provided below; or (B) by the council by a simple majority vote. (Ord. 1134
§ 1 (part), 1989)
17.94.040 Applications —Legal interest.
Any person having a legal or equitable interest in real property or such other interest as
specified in subsection (AX3)(b) of Section 17.94.070 may apply for a development
agreement, except that a person may not file, and the director shall not accept, an
application which is the same as, or substantially the same as, an application which was
denied within the previous year, unless the application is initiated by the council. (Ord.
1134 § 1 (part), 1989)
17.94.050 Fees.
The council shall establish, and from time to time may amend, a schedule of fees to cover
the city's costs of processing applications for development agreements. (Ord. 1134 § 1
(part), 1989)
17.94.060 Preapplication review.
Before submitting an application and support materials, applicants shall discuss the
proposal with the community development director. At such review, the applicant should
present a preliminary site plan and show basic features of the proposed project, including
its public purposes and /or benefits. For large or complex projects, the applicant may
request council review of the preliminary concept. Such a review shall be at the council's
sole discretion, and would allow the council to review and comment on a proposal early in
the review process. (Ord. 1134 § 1 (part), 1989)
17.94.070 Application— Contents.
A. A development agreement application shall include the following information:
1. A planning application and processing fee;
2. The names and addresses of the applicant and of all persons having a legal or
equitable interest in all or a part of the property proposed to be used;
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3. Evidence that the applicant:
a. Has a legal or equitable interest in the property involved, or
b. Has written permission from a person having a legal or equitable interest to
make such application;
4. Location of the subject property by address and vicinity map;
5. Legal description of the property, including a statement of total area involved;
6. A plan showing the location of all property included in the request for action,
existing and proposed land uses, property lines and dimensions, topography,
significant natural features, setbacks, the location of all highways, streets, alleys
and the location and dimensions of all lots or parcels of land within a distance of
three hundred feet from the exterior boundaries of the property described in the
application;
7. Mailing list including addresses of all tenants occupying the subject property and
properties within three hundred feet from the subject property boundaries; and a
mailing list of owners of adjacent properties within three hundred feet from the
subject property boundaries, as shown on the county assessor's latest available
assessment roll;
8. The proposed development agreement, together with all explanatory text, plans,
maps, drawings, pictures and other information as may be required to evaluate
such proposal, and as further described in Section 17.94.130;
9. Such other information as the director may require.
B. The director may waive the filing of one or more of the above items where the
required information is filed with an application for a rezoning, use permit, variance,
subdivision approval or other development entitlement to be considered concurrently
with the development agreement.
The director may reject any application that does not supply the required
information, or may reject incomplete applications.
The accuracy of all information, maps and lists submitted shall be the
responsibility of the applicant. (Ord. 1134 § 1 (part), 1989)
17:94.080 Public notice.
A. Director Action. When the director certifies that the application is complete, the item
shall be scheduled for commission hearing; and the director shall give notice of the
public hearing, as provided below.
B. Manner of Giving Public Notice. Public notice requirements shall be met by:
1. Mailing or delivery to the applicant and to all owners of real property within three
hundred feet of the property included in the development agreement;
2. Mailing or delivery to all tenants of property within three hundred feet of the
property included in the development agreement;
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3. Mailing to any person who has filed a written request for such notice with the
planning director, and
4. Publication at least once in a newspaper of general circulation published and
circulated in the city. Said notice shall be published at least ten days before the
hearing date, and shall include: (a) the time and place of the public hearing, and
(b) a general explanation of the development agreement, including the property
location, proposed land uses and applicant's name. (Ord. 1134 § 1 (part), 1989)
17.94.090 Failure to receive notice.
The failure to receive notice by any person entitled thereto by law or this chapter does not
affect the authority of the city to enter into a development agreement. (Ord. 1134 § 1
(part), 1989)
17.94.100 Planning commission hearing and recommendation.
The commission shall consider the proposed development agreement and shall make its
recommendation to the council. The recommendation shall include whether or not the
proposed development agreement meets the following findings:
A. The proposed development agreement is consistent with the general plan and any
applicable specific plan;
B. The proposed development agreement complies with zoning, subdivision and other
applicable ordinances and regulations;
C. The proposed development agreement promotes the general welfare, allows more
comprehensive land use planning, and provides substantial public benefits or
necessary public improvements, making it in the city's interest to enter into the
development agreement with the applicant; and
D. The proposed project and development agreement:
1. Will not adversely affect the health, safety or welfare of persons living or working
in the surrounding area;
2. Will be appropriate at the proposed location and will be compatible with adjacent
land uses; or
3. Will not have a significant adverse impact on the environment. (Ord. 1134 § 1
(part), 1989)
17.94.110 City council hearing.
After the recommendation of the planning commission, the director shall give notice of a
public hearing the city council in the manner provided for in Section 17.94.080. (Ord. 1134
§ 1 (part), 1989)
17.94.120 City council action.
A. Referral. After it completes the public hearing and considers the commission's
recommendation, the council may approve, conditionally approve, modify or
disapprove the proposed development agreement. The council may refer matters not
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previously considered by the commission during its hearing back to the commission
for review and recommendation.
B. Approval. The development agreement may be approved if the city council makes the
findings for approval listed in Section 17.94.100 above. (Ord. 1134 § 1 (part), 1989)
17.94.130 Development agreement— Contents.
A. Development agreements shall include the following:
1. The duration of the agreement, including a specified termination date if
appropriate;
2. The uses to be permitted on the property;
3. The density or intensity of use permitted;
4. The maximum height, size and location of buildings permitted;
5. The reservation or dedication of land for public purposes to be secured, including,
but not limited to, rights -of -way, open space preservation, and public access
easements;
6. Proposed exceptions from zoning regulations or other development standard, and
findings where required;
7. The time schedule established for periodic review as required by Section
17.94.200.
B. Development agreements may also include additional terms, conditions and
restrictions in addition to those listed in subsection A of this section. These additional
terms may include, but are not limited to:
1. Development schedules providing that construction of the proposed development
as a total project or in phases be initiated and /or completed within specified time
periods;
2. The construction of public facilities required in conjunction with such
development, including but not limited to vehicular and pedestrian rights -of -way,
public art and other landscape amenities, drainage and flood - control facilities,
parks and other recreational facilities, and sewers and sewage treatment
facilities;
3. Method of financing such improvements and, where. applicable, reimbursement to
developer or city,
4. Prohibition of one or more uses normally listed as permitted, accessory, subject
to director's review or subject to use permit in the zone normally allowed by right;
5. Limitations on future development or special terms or conditions under which
subsequent development approvals not included in the agreement may occur,
6. The requirement of a faithful performance bond where deemed necessary to and
in an amount deemed sufficient to guarantee the faithful performance of specified
terms, conditions, restrictions and /or requirements of the agreement.In lieu of a
bond, the applicant may deposit with the city clerk certificates of deposit or other
security acceptable to the finance director,
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7. Specific design criteria for the exteriors of buildings and other structures,
including colors and materials, landscaping and signs;
8. Special yards, opens spaces, trails, staging areas, buffer areas, fences and walls,
public art, landscaping and parking facilities, including vehicular and pedestrian
ingress and egress;
9. Performance standards regulating such items as noise, vibration, smoke, dust,
din, odors, gases, garbage, heat and the prevention of glare or direct illumination
of adjacent properties;
10. Limitations on operating hours and other characteristics of operation which the
council determines could adversely affect the reasonable use and enjoyment of
surrounding properties. (Ord. 1134 § 1 (pan), 1989)
17.94.140 Development agreement— Adoption by ordinance —
Execution of contract.
A. The development agreement shall be approved by the adoption of an ordinance.
Upon the adoption of the ordinance, the city shall enter into the development
agreement by the execution thereof by the city administrative officer.
B. No ordinance shall be finally adopted and the city administrative officer shall not
execute a development agreement until it has been executed by the applicant and all
other parties to the agreement. If the applicant has not executed the agreement or
agreement as modified by the city council, and returned the executed agreement to
the city clerk within sixty days following council approval, the approval shall be
deemed withdrawn, and the council shall not finally adopt such ordinance, nor shall
the city administrative officer execute the agreement.
C. Such sixty -day time period may be extended upon approval of the council. (Ord. 1134
§ 1 (part), 1989)
17.94.150 Recordation of executed agreement.
Following the execution of a development agreement by the city administrative officer, the
city clerk shall record the executed agreement with the county recorder. (Ord. 1134 § 1
(part), 1989)
17.94.160 Ordinances, regulations and requirements applicable to
development.
Development projects covered by a development agreement shall comply with the
general plan, zoning and subdivision regulations, and other applicable codes, ordinances,
rules, regulations and official policies in effect on the date of execution of the
development agreement by the city administrative officer, provided, however, that a
development agreement shall not:
A. Be construed to prevent the application of later adopted or amended ordinances,
rules, regulations and policies which do not conflict with such existing ordinances,
rules, regulations and policies under the development agreement;
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B. Prevent the approval, conditional approval or denial of subsequent development
applications pursuant to such existing or later adopted or amended ordinances, rules,
regulations and policies; or
C. Preclude the city from adopting and implementing emergency measures regarding
water or sewer deficiencies when the council determines that such action is
necessary to protect public health and safety. If such action becomes necessary, the
council reserves the right to suspend water or sewer service on an equitable basis
until such deficiencies are corrected. (Ord. 1134 § 1 (part), 1989)
17.94.170 Subsequently enacted state and federal laws.
In the event that state or federal laws or regulations enacted after execution of a
development agreement prevent or preclude compliance with one or more provisions of
such agreement, the provisions of such agreement shall be deemed modified or
suspended to the extent necessary to comply with such laws or regulations. (Ord. 1134
§ 1 (part), 1989)
17.94.180 Enforcement — Continuing validity.
A. Unless and until amended or canceled in whole or in part as provided in Sections
17.94.190 or 17.94.210, a development agreement shall be enforceable by any party
to the agreement, regardless of any change in regulations which alters or amends the
regulations applicable to the project covered by a development agreement, except as
specified in Sections 17.94.160 and 17.94.170.
B. The development agreement shall be binding upon, and the benefits of the
agreement shall inure to, all successors in interest to the parties to the agreement.
(Ord. 1134 § 1 (part), 1989)
17.94.190 Amendment —Time extension — Cancellation.
A development agreement may be amended, extended or canceled in whole or in part, by
mutual consent of all parties to the agreement or their successors in interest. Procedures
for amendment, time extensions or cancellation of the development agreement by mutual
consent shall be the same as provided for initiation and consideration of such agreement.
(Ord. 1134 § 1 (part), 1989)
17.94.200 Review for compliance— Director's authority.
A. Every development agreement entered into by the city council shall provide for
director review of compliance with the development agreement at time intervals as
specified in the agreement, but not less than once every twelve months.
B. The director shall determine whether the applicant or his or her successor in interest
has or has not complied with the agreement. If the director determines that the terms
or conditions of the agreement are not being met, all parties to the agreement shall be
notified by registered or certified mail, also indicating that failure to comply within a
period specified may result in legal action to enforce compliance, termination or
modification of the agreement.
C. It is the duty of the applicant or his or her successor in interest to provide evidence of
good faith compliance with the agreement to the director's satisfaction at the time of
the director's review. Refusal by the applicant or his or her successor in interest to
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provide the required information shall be prima facie evidence of violation of such
agreement.
D. If at the end of the time period established by the director, the applicant or his or her
successor in interest has failed to comply with the terms of the agreement or has not
submitted evidence substantiating such compliance, the director shall notify the city
council of his or her findings, recommending such action as he or she deems
appropriate, including legal action to enforce compliance or to terminate or modify the
agreement. (Ord. 1134 § 1 (part), 1989)
17.94.210 Violation of agreement — Council review and action.
A. When the director notifies the council that a development agreement is being
violated, a public hearing shall be scheduled before the council to consider the
matter. Procedures for conduct of such hearing shall be the same as provided for
initiation and consideration of a development agreement.
B. If the council determines that the applicant or his or her successor in interest is in
violation of a development agreement, it may take one of the following actions:
1. Schedule the matter for council hearing for modification or possible termination of
the agreement. Procedures for hearing notice shall be the same as provided in
Section 17.94.080; or
2. Continue the matter for further consideration. (Ord. 1134 § 1 (part), 1989)
17.94.220 Modification or termination for violations.
After the hearing required by Section 17.94.210 (A), the council may terminate or modify
the agreement upon finding that
A. 1. Terms, conditions and obligations of any party to the development agreement
have not been met;
2. The scope, design, intensity or environmental effects of a project were
represented inaccurately;
3. The project has been or is being built, operated or used in a manner that differs
significantly from approved plans, permits or other entitlements; or
4. Parties to the agreement have engaged in unlawful activity, or have used bad
faith in the performance of or the failure to perform their obligations under the
agreement.
B. Modifications. Such remedial action may include, but is not limited to, changes to
project design or uses, operating characteristics, or necessary on -site or off -site
improvements which are determined to be reasonably necessary to protect public
health, safety or welfare, and to correct problems caused by or related to
noncompliance with the terms of the agreement. (Ord. 1134 § 1 (part), 1989)
17.94.230 Consequences of termination.
Upon termination of the development agreement, the owner shall otherwise comply with
city codes, regulations, development standards and other applicable laws in effect at the
time of termination of the agreement. (Ord. 1134 § 1 (part), 1989)
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17.94.240 Irregularity in proceedings.
No action, inaction or recommendation regarding the proposed development agreement
shall be held void or invalid or be set aside by a court by reason of any error, irregularity,
informality, neglect or omission as to any matter pertaining to the application, notice,
finding, record, hearing, report, recommendation, or any other matters of procedure
whatsoever unless, after an examination of the entire record, the court is of the opinion
that the error was prejudicial and that a different result would have been probable if the
error had not occurred or existed. (Ord. 1134 § 1 (part), 1989)
17.94.250 Coordination of approvals.
A. Public Hearings. Where an application for development agreement is concurrently
filed with an application for a zone change, use permit, variance, minor subdivision or
tract map, or annexation and the applications may be feasibly processed together,
public hearings may be concurrently held.
B. Zoning or Subdivision Exceptions. Yards, building height, coverage, parking
requirements, density, and other design standards may be modified or relaxed during
consideration of a development agreement. The council may modify or relax
development or subdivision standards when: (1) such modification or relaxation is
otherwise allowed by this municipal code, (2) the council makes findings as required
by zoning and subdivision regulations, and (3) the council determines that such
modification or relaxation of standards is consistent with the general plan, and
reasonably necessary to allow the safe, efficient or attractive development of the
subject property. (Ord. 1134 § 1 (part), 1989)
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Chapter 17.95: Adult Entertainment Businesses
Sections:
17.95.010 Purpose and intent.
17.95.020 Definitions.
17.95.030 Location of adult entertainment businesses.
17.95.040 Design and performance standards.
17.95.050 Severance clause.
17.95.060 Violations.
17.95.010 Purpose and intent.
JunE 2008
The purpose and intent of this chapter is to regulate adult businesses which, unless
closely regulated, tend to have serious secondary effects on the community, including, but
not limited to, the following: depreciation of property values; increase in vacancies in
residential and commercial areas in the vicinity of adult businesses; interference with
residential property owner's enjoyment of their properties when such properties are
located in the vicinity of adult businesses, as a result of increases in crime, litter, noise,
and vandalism; higher crime rates in the vicinity of adult businesses; and blight conditions
such as inadequate maintenance of commercial premises and parking lots, which thereby
have a deleterious effect upon adjacent areas. Special regulation of these businesses is
necessary to prevent these adverse effects and the blighting or degradation of the
neighborhoods in the vicinity of adult businesses.
It is neither the intent nor the effect of these regulations to impose limitations or
restrictions on the content of any communicative material. Similarly, it is neither the intent
nor the effect of these regulations to restrict or deny access by adults to communicative
materials or to deny access by the distributors or exhibitors of adult business to their
intended lawful market.
Nothing in these regulations is intended to authorize, legalize, or permit the establishment,
operation, or maintenance of any business, building, or use which violates any city
ordinance or any statute of the state of California regarding public nuisances, unlawful or
indecent exposure, sexual conduct, lewdness, obscene or harmful matter or the exhibition
or public display thereof. (Ord. 1286 § 1, 1995)
17.95.020 Definitions.
For the purposes of this chapter the following terms shall be defined as follows:
A. "Adult entertainment business" shall mean those businesses as defined as follows:
1. Adult bookstore, adult novelty store, or adult video store is an establishment with
more than twenty -five percent of: (a) its floor area devoted to; or (b) stock -in -trade
consisting of; or (c) gross revenues derived from, and offering for sale for any
form of consideration, any one or more of the following:
a. Books, magazines, periodicals or other printed matter, photographs,
drawings, motion pictures, slides, films, tapes, video cassettes, records, or
other visual or audio representations which are characterized by an emphasis
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upon the depiction or description of "specified sexual activities" or "specified
anatomical areas."
Instruments, devices or paraphernalia which are designed to be used in
connection with "specified sexual activities;" or c. Goods which are replicas
of, or which simulate "specified anatomical areas," or goods which are
designed to be placed on or in "specified anatomical areas" or to be used in
conjunction with "specified sexual activities."
2. "Adult live entertainment theater" means any place, building, enclosure or
structure, partially or entirely used for "live adult entertainment" performances or
presentations characterized by an emphasis on depicting, exposing, displaying,
describing or relating to "specified sexual activities" or "specified anatomical
areas" for observation by patrons or customers therein.
"Live adult entertainment" means any physical human body activity, whether
performed or engaged in alone or with other persons, including but not limited to
singing, walking, speaking, dancing, acting, posing, simulating, wrestling or
pantomiming, in which the performer or performers expose to public view without
opaque covering "specified anatomical areas" for entertainment value for any
form of consideration.
"Adult motion picture or video arcade" means any business wherein coin, paper,
note, or token operated or electronically, electrically, or mechanically controlled
still or motion picture machines, projectors, or other image - producing devices are
maintained to show images to four or fewer persons per machine, at any one
time, and where the predominant character or theme of the images so displayed
is distinguished or characterized by its emphasis on matter depicting, or relating
to "specified sexual activities" or "specified anatomical areas.
4. "Adult motion picture theater" means any business, other than a hotel or motel
which provides closed circuit viewing to each individual room as a secondary
service to its motel customers, with the capacity for five or more persons where,
for any form of consideration, films, motion pictures, video cassettes, slides, or
similar photographic reproductions in which the predominant character and theme
is distinguished or characterized by its emphasis on matter depicting or relating to
"specified sexual activities" or "specified anatomical areas" as defined in this
section. This includes, without limitation, showing any such slides, motion pictures
or videos by means of any video tape system which has a display, viewer, screen,
or a television set.
5. "Exceptions." An "adult entertainment business" shall not include:
a. Bona fide medical establishments operated by properly licensed and
registered medical and psychological personnel with appropriate medical or
professional credentials for the treatment of patients.
b. Persons depicting "specified anatomical areas" in a modeling class operated:
(1) By a college, junior college, or university supported entirely or partly by
public revenue;
(2) By a private college or university which maintains and operates
educational programs in which credits are transferable to a college, junior
college, or university supported entirely or partly by public revenue; or
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(3) In a structure operated either as a profit or not - for - profit facility:
(a) which has no sign visible from the exterior of the structure and no
other advertising that indicates a nude person is available for viewing;
and
(b) where, in order to participate in a class a student must enroll at least
three days in advance of the class.
c. The practice of massage in compliance with Chapter 5.56 of this Code.
B. "Establish." "Establish" shall mean and include any of the following:
1. The opening or commencement of any adult entertainment business as defined
in this section; or
2. The conversion of an existing business, whether or not an adult entertainment
business, to any adult entertainment business as defined in this Section; or
3. The relocation of any adult entertainment business; or
4. The addition of any of the "adult entertainment businesses" defined herein to any
other existing adult entertainment business.
C. "Specified anatomical areas." "Specified anatomical areas" shall include the following:
1. Less than completely and opaquely covered human genitals, pubic region,
buttock, anus, and /or the female breast below a point immediately above the top
of the areola; and
2. Human male genitals in a discernibly turgid state, even if completely and
opaquely covered.
D. "Specified sexual activities." "Specified sexual activities" shall include the following:
1. Actual or simulated sexual intercourse, oral copulation and intercourse, oral -anal
copulation, bestiality, direct physical stimulation of unclothed genitals, flagellation
or torture in the context of sexual relationship, or the use of excretory functions in
the context of a sexual relationship, and any of the following sexually oriented
acts or conduct: anilingus, buggery, coprophagy, coprophilia, cunnilingus,
fellation, necrophilia, pederasty, pedophilia, piquerism, sapphism, zooerasty; or
2. Clearly depicted human genitals in a state of sexual stimulation, arousal or
tumescence; or
3. Human or animal masturbation, sodomy, oral copulation, coitus, ejaculation; or
4. Fondling or touching of nude human genitals, pubic region, buttocks or female
breast; or
5. Masochism, erotic or sexually oriented torture, beating or the infliction of pain; or
6. Erotic or lewd touching, lewd fondling or other lewd contact with an animal by a
human being; or
7. Human excretion, urination, menstruation, vaginal or anal irrigations.
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E. "Operate." "Operate" shall mean to own, lease (as lessor or lessee), rent (as landlord
or tenant or as agent for the purpose of representing a principal in the management,
rental or operation of the property of such principal), manage, conduct, direct, or be
employed in an adult entertainment business.
F. "Operator." "Operator" shall mean and include the owner, custodian, manager or
person in charge of any adult entertainment business.
G. 'Parcel of land." "Parcel of land" means any quantity of land capable of being
described with such definiteness that its location and boundaries may be established,
which is designated by its owner or developer as land to be used or developed as a
unit or which has been used or developed as a unit.
H. 'Person." "Person" shall mean an individual, proprietorship, partnership, corporation,
association, or other legal entity.
"Religious institution." 'Religious institution" shall mean any church, synagogue,
mosque, temple, or building which used primarily for religious worship, religious
education incidental thereto and related religious activities.
"Residential zone." 'Residential zone shall mean property which has a zoning
designation of R -1, R -2, R -3, R -4 or such other residential zones as may be created
by ordinance, or a mobilehome park as defined in this Code.
K. "School." "School' shall mean any public or private educational facility primarily
attended by minors, including but not limited to, large family day care homes, nursery
schools, preschools, kindergartens, elementary schools, primary schools,
intermediate schools, junior high schools, middle schools, high schools, secondary
schools, continuation schools, and special education schools, and includes school
grounds.
L. "Sensitive uses." "Sensitive uses" shall include religious institutions, residential zones
and schools. (Ord. 1286 § 1, 1995)
17.95.030 Location of adult entertainment businesses.
A. No person shall operate or establish an "adult entertainment business," as defined in
this Code, in any area of the city, except the retail - commercial (C -R) zone or the
tourist commercial (C -T) zone.
B. No building permit or zoning clearance, business license, or other permit or
entitlement for business use shall be legally valid if issued by any adult entertainment
business proposed to operate or be established in any area of the city except the
retail - commercial (C -R) zone or the tourist - commercial (C -T) zone.
C. Any adult entertainment business proposed to be operated or established in the retail -
commercial (C -R) zone or the tourist commercial (C -T) zone shall be subject to the
following restrictions:
The establishment or operation of an adult entertainment business shall be
subject to the locational criteria setting forth minimum distances from the
sensitive uses and zones as follows:
a. Seven hundred feet from any parcel of land which is locate in a residential
zone.
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b. Seven hundred feet from any parcel of land upon which a religious institution
or school is located.
2. For the purpose of this chapter, all distances shall be measured in a straight line,
without regard for intervening structures, using the closest property lines of the
parcels of the land involved. (Ord. 1286 § 1, 1995)
17.95.040 Design and performance standards.
The establishment or operation of an adult entertainment business shall comply with the
applicable fees and site development standards, including, but not limited to, parking and
design review, and the requirements of the Uniform Codes adopted pursuant to Chapter
15.04 of the San Luis Obispo Municipal Code. An adult entertainment business shall
comply with the applicable city business tax requirements. In addition, adult entertainment
businesses shall comply with the following design and performance standards:
A. Signs, advertisements, displays, or other promotional materials depicting or
describing "specified anatomical areas" or "specified sexual activities" or displaying
instruments, devices, or paraphernalia which are designed for use in connection with
"specified sexual activities" shall not be shown or exhibited so as to be discernible by
the public beyond the walls of the building or portion thereof in which the adult
entertainment business is conducted.
B. Each adult entertainment business shall have a business entrance separate from any
other nonadult business located in the same building.
C. All building openings, entries, and windows for an adult entertainment business shall
be located, covered or screened in such a manner as to prevent a view into the
interior of an adult entertainment business from any area open to the general public.
D. No adult entertainment business shall be operated in any manner that permits the
observation by the public of any material or activity depicting, describing, or relating to
"specified sexual activities" or "specified anatomical areas" from any public way or
from any location beyond the walls of the building or portion thereof in which the adult
entertainment business is conducted.
E. The building entrance to the adult entertainment business shall be clearly and legibly
posted with a notice indicating that minors are precluded from entering the premises.
F. No loudspeakers or sound equipment shall be used by adult entertainment
businesses for amplification of sound to a level discernible by the public beyond the
walls of the building or portion thereof in which the adult entertainment business is
conducted.
G. Each adult entertainment business shall be provided with a manager's station which
shall be used for the purpose of supervising activities within the business. A manager
shall be on the premises during all times that the adult entertainment business is
open to the public.
H. The interior of the adult entertainment business shall be configured in such a manner
that there is an unobstructed view from a manager's station of every area of the adult
entertainment business to which any patron is permitted access for any purpose,
excluding restrooms. If the adult entertainment business has two or more manager's
stations designated, then the interior of the adult entertainment business shall be
configured in such a manner that there is an unobstructed view of each area of the
adult entertainment business to which any patron is permitted access for any adult
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purpose, excluding restrooms, from at least one of the manager's stations. The view
required in this subsection must be by direct line of sight from the manager's station.
No individual viewing area may be occupied by more than one person at any one
time. "Individual viewing area" shall mean a viewing area designed for occupancy by
one person. Individual viewing areas of the adult entertainment business shall be
operated and maintained without any hole or other opening or means of direct
communication or visual or physical access between the interior space of two or more
individual viewing areas.
J. Off - street parking shall be provided for the adult entertainment business as specified
in accordance with the parking provisions of San Luis Obispo Municipal Code Section
17.16.060.
K. An off -site security program shall be prepared and implemented including the
following items:
1. All off - street parking areas and building entries serving the adult entertainment
business shall be illuminated during all hours of operation with a lighting system
which provides a minimum maintained horizontal illumination of one footcandle
(ten luxes) (one candlepower) of light on the parking surface and /or walkway.
2. All interior portions of the adult entertainment business, except those areas
devoted to mini- motion or motion pictures, shall be illuminated during all hours of
operation with lighting system which.provides a minimum maintained horizontal
illumination of not less than two footcandles (twenty luxes) (two candlepower) of
light on the floor surface. (Ord. 1286 § 1, 1996)
17.95.050 Severance clause.
If any section, subsection, paragraph, subparagraph or provision of this chapter or the
application thereof to any person, property or circumstance is held invalid, the remainder
of the chapter and the application of such to other persons, properties or circumstances
shall not be affected thereby. (Ord. 1286 § 1, 1995)
17.95.060 Violations.
It shall be unlawful to establish or operate an adult entertainment business in violation of
this chapter. Any person who violates any provision of this chapter shall be guilty of a
misdemeanor. Nothing in this chapter shall be deemed or constituted to prevent the city
from commencing any civil proceeding otherwise authorized by law for the declaration or
abatement of a public nuisance. (Ord. 1286 § 1, 1995)
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Chapter 17.98: Public Art Requirements for Private Development
Sections:
Payment of art in -lieu fee.
17.98.010
Purpose.
17.98.020
Definitions.
17.98.030
Public art account.
17.98.040
Applicability.
17.98.050
Exceptions.
17.98.060
Public art contribution.
17.98.070 Application procedures for placement of required public art on private
property.
17.98.080 Approval for placement of public art on private property.
17.98.090 Application procedure for acceptance of public art donated to the city.
17.98.100 Review of application for acceptance of public art donated to the city.
17.98.110
Payment of art in -lieu fee.
17.98.120
Certificate of occupancy.
17.98.130
Ownership of public art.
17.98.140 Removal or alteration of public art.
17.98.010 Purpose.
The city of San Luis Obispo wishes to enhance the cultural and aesthetic environment of
the city, and to encourage creativity and an appreciation of the arts and our cultural
heritage. Through the establishment of a program of public art funded by private
development, the city will promote the general welfare through balancing the community's
physical growth and revitalization with its cultural and artistic resources. (Ord. 1372 § 1
(part), 2000)
17.98.020 Definitions.
As used in this chapter:
A. "Art in public places" shall mean public art installed either on or off site, as part of new
development, in conformance with the standards set forth in this chapter.
B. "Nonresidential development" shall mean the construction of commercial, mixed use,
office and industrial projects, which are not intended for residential purposes.
C. "Public art" shall include, but not be limited to, sculpture, monuments, murals,
frescoes, bas - relief, mobiles, drawings, paintings, graphic arts, mosaics,
photographs, fountains, decorative arts, ceramics, carving and stained glass located
in or on a public place. It does not include landscaping, paving, architectural
ornamentation or signs as defined by Chapter 15.40 of this code.
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D. "Public art coordinator" shall mean that city employee designated by the city
administrative officer to be responsible for the city's visual arts in public places
program.
E. "Public art jury" shall mean an appointed jury of no less that five city residents
including, but not limited to, as appropriate, a board member from the San Luis
Obispo County arts council, an artist, a business representative, an educator /historian
and a city or advisory body representative.
F. "Public place" shall mean city or privately owned land or buildings which are open to
the general public on a consistent basis and which are also places of high visibility to
the general public.
G. "Total construction costs" shall mean the valuation of the proposed structures or
improvements, as calculated based on the most recent Building Valuation Data from
the Uniform Building Code (UBC). (Ord. 1372 § 1 (part), 2000)
17.98.030 Public art account.
There shall be an account designated for public art, into which shall be deposited all fees
paid pursuant to this chapter. This account shall be maintained by the city finance director
and shall be used for the acquisition, installation, and improvement of public art in the city.
(Ord. 1372 § 1 (part), 2000)
17.98.040 Applicability.
The program described in this chapter is a mandatory program and the standards
specified are minimum standards for compliance. Participation in the program by itself
does not qualify project applicants for consideration of increased project density /intensity
as discussed in the land use element of the city of San Luis Obispo general plan.
A. This chapter shall apply to all new nonresidential development, as defined in this
chapter, having a total construction cost of one hundred thousand dollars or more, as
calculated based on the most recent Building Valuation Data from the Uniform
Building Code (UBC).
B. This chapter shall apply to all expansion of, remodeling of or tenant improvements to
existing eligible buildings when any such work has a total construction cost of one
hundred thousand dollars or more, as calculated based on the most recent Building
Valuation Data from the Uniform Building Code (UBC). (Ord. 1372 § 1 (part), 2000)
17.98.050 Exceptions.
The following development activities shall be exempt from the requirements of Section
17.98.040:
A. Construction, repair or alteration of buildings to carry out rehabilitation of private
property if that rehabilitation is primarily financed with public funds.
B. Construction, repair or alteration of buildings to meet city- mandated seismic
rehabilitation or fire lateral replacement. (Ord. 1372 § 1 (part), 2000)
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17.98.060 Public art contribution.
A. The project applicant shall acquire and install public art approved by a public art jury
and the architectural review commission in a public place on or in the vicinity of the
development project site. The minimum cost of the public art, including installation,
shall be determined by the following allocation:
An amount equal to one -half of one percent of that portion of the total
construction costs in excess of one hundred thousand dollars, for each building
permit, computed using the latest Building Valuation Data as set forth in the
Uniform Building Code (UBC) unless, in the opinion of the city's chief building
official, a different valuation measure should be used.
2. Should a project consist of multiple buildings with separate building permits, at
the city's option, arrangements may be made to combine the public art
requirements in an appropriate manner.
3. In no event shall the required cost for public art under this program exceed fifty
thousand dollars per building permit.
B. As an option, the project applicant may acquire and install public art, approved by a
public art jury and the architectural review commission and accepted by the city
council, in a city -owned public place not located at the development site. Cost of the
public art shall be determined by the allocations set forth in subsection A of this
section. Such public art shall be considered a donation to the city of San Luis Obispo.
C. In lieu of placement of approved public art, the applicant may pay as a voluntary
alternative, to a public art in -lieu account an amount equal to the program allocation
set forth in subsection A of this section. (Ord. 1372 § 1 (part), 2000)
17.98.070 Application procedures for placement of required public
art on private property.
An application for placement of public art on private property shall be submitted to the
community development director and shall include:
A. Preliminary sketches, photographs or other documentation of sufficient descriptive
clarity to indicate the nature of the proposed public art;
B. An appraisal or other evidence of the value of the proposed public artwork, including
acquisition and installation costs;
C. Preliminary plans containing such detailed information as may be required by a public
art jury and the architectural review commission to adequately evaluate the location of
the artwork in relation to the proposed development and its compatibility to the
proposed development, including compatibility with the character of adjacent
conforming developed parcels and existing neighborhoods;
D. A narrative statement to be submitted to the community development director to
demonstrate that the public art will be displayed in an area open and freely available
to the general public, or that public accessibility will be provided in an equivalent
manner based on the characteristics of the artwork or its placement on the site. (Ord.
1372 § 1 (part), 2000)
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17.98.080 Approval for placement of public art on private property.
A. Applications completed in accordance with Section 17.98.070 shall be submitted to
the community development director for review and approval of the public art in
accordance with this chapter.
B. The community development director shall forward the completed application to the
public art coordinator who shall convene a public art jury to review the proposed
public art using adopted public art evaluation criteria.
C. Upon recommendation of the public art jury, the public art application shall be
reviewed by the architectural review commission.
D. All approvals for placement of public art on private property shall be obtained prior to
issuance of a building permit. (Ord. 1372 § 1 (part), 2000)
17.98.090 Application procedure for acceptance of public art
donated to the city.
An application for acceptance of public art to be donated to the city shall include:
A. Preliminary sketches, photographs, models or other documentation of sufficient
descriptive clarity to indicate the nature of the proposed public art;
B. An appraisal or other evidence of the value of the proposed public art, including
acquisition and installation costs;
C. A written agreement executed by or on behalf of the artist who created the public art
which expressly waives his or her rights under the California Art Preservation Act or
other applicable law;
D. Other information as may be required by the public art coordinator to adequately
evaluate the proposed donation of public art. (Ord. 1372 § 1 (part), 2000)
17.98.100 Review of application for acceptance of public art
donated to the city.
A. Prior to the issuance of grading and building permits, the applicant shall present to
the community development director for review, an application for acceptance of
public art donated to the city, pursuant to Section 17.98.060(B).
B. The community development director shall forward the application to the public art
coordinator who shall convene a public art jury to review the proposed public art,
using adopted public art evaluation criteria.
C. Upon the recommendation of the public art jury, the application shall be forwarded to
the architectural review commission for review.
D. Upon the recommendation of the architectural review commission, the application
shall be forwarded to the city council, which shall have the sole authority to accept,
reject or conditionally accept the donation. (Ord. 1372 § 1 (part), 2000)
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17.98.110 Payment of art in -lieu fee.
junE 2008
If the payment of an art in -lieu fee is voluntarily elected, the payment, in an amount equal
to the program allocation set forth in Section 17.98.060(C), shall be paid prior to the
issuance of a building permit. (Ord. 1372 § 1 (part), 2000)
17.98.120 Certificate of occupancy.
The following requirements must be met prior to the city's issuance of occupancy permits.
A. Full compliance with one of the following:
1. The approved public art has been placed on the site of the approved project, in a
manner satisfactory to the chief building official and the public art coordinator; or
2. Donation of approved public art has been accepted by the city council; or
3. In -lieu art fees have been paid.
B. If public art has been placed on the site of the approved project, the applicant must
execute and record with the county recorder covenants, conditions and restrictions
(CC &Rs), which require the property owner, successor in interest and assigns to:
Maintain the public art in good condition as required by the city's public art
guidelines;
2. Indemnify, defend and hold the city and related parties harmless from any and all
claims or liabilities from the public art, in a form acceptable to the city attorney;
3. Maintain liability insurance, including coverage and limits as may be specified by
the city's risk manager. (Ord. 1372 § 1 (part), 2000)
17.98.130 Ownership of public art.
A. All public art placed on the site of an applicant's project shall remain the property of
the applicant; the obligation to provide all maintenance necessary to preserve the
public art in good condition shall remain with the owner of the site.
B. Maintenance of public art, as used in this chapter; shall include without limitation,
preservation of the artwork in good condition to the satisfaction of the city, protection
of the public art against physical defacement, mutilation or alteration and securing
and maintaining fire and extended coverage insurance and vandalism coverage in an
amount to be determined by the city's risk manager. Prior to placement of approved
public art, applicant and owner of the site shall execute and record a covenant, in a
form approved by the city, requiring maintenance of the public art. Failure to maintain
the public art as provided in this chapter is declared to be a public nuisance.
C. In addition to all other remedies provided by law, in the event the owner fails to
maintain the public art, upon reasonable notice, the city may perform all necessary
repairs and maintenance or secure insurance, and the costs therefore shall become a
lien against the real property.
D. All artwork donated to the city shall become the property and responsibility of the city
upon acceptance by the city council. (Ord. 1372 § 1 (part), 2000)
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JunE 2008 zonlnc, Requtations
17.98.140 Removal or alteration of public art.
A. Public art installed on or integrated into a construction project pursuant to the
provisions of this chapter shall not be removed or altered without the approval of the
city council.
B. If any public art provided on a development project pursuant to the provisions of this
chapter is knowingly removed by the property owner without prior approval, the
property owner shall contribute funds equal to the development project's original
public art requirement to the city's public art in -lieu account, or replace the removed
artwork with one which is of comparable value and approved by the city council. If this
requirement is not met, the occupancy permit for the project may be revoked by the
city council upon due notice and an opportunity to be heard. The city may, in addition,
pursue any other available civil or criminal remedies or penalties. (Ord. 1372 § 1
(part), 2000)
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Chapter 17.100: Definitions
A. Definitions, "A."
junE 2008
Accessory. "Accessory" means clearly subordinate or incidental and directly related
to a permitted use or structure. "Accessory use" includes active or passive solar
heating systems and cogeneration facilities. "Accessory structures" that include
habitable space, as defined by the California Building Code, shall be no larger than
450 square feet. (Ord. 941- 1(part), 1982: prior code — 9204.11 (part))
Airport. An area approved by the Federal Aviation Administration (FAA) for the take-
off and landing of aircraft, including appurtenant areas for airport buildings, aircraft
operations, and related facilities, aprons and taxiways, control towers, hangers, 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 news stands, and other similar commercial uses serving the air -
traveling public and airport employees.
Ambient entertainment. Acoustic or recorded music, or live readings of books or
poetry, which is clearly incidental, that allows for normal conversation levels, and for
which no cover fee or ticket is required. Indoor stage /performance area shall not
exceed 80 square feet.
Ambulance, Taxi, or Limousine Dispatch Facility. A base facility from which taxis
and limousines are dispatched, and /or where ambulance vehicles and crews stand by
for emergency calls. Does not include a dispatch office facility on a site separate
from the location where the vehicles used by the business are parked or stored
between calls, which is instead included under the definition of "Office - Production or
Administration."
Antenna/Telecommunications Facility. Public, commercial and private.
electromagnetic and photoelectrical transmission, broadcast, repeater and receiving
stations for radio, television, telegraph, telephone, data network, and wireless
communications, including commercial earth stations for satellite -based
communications. Includes antennas, commercial satellite dish antennas, and
equipment buildings. Does not include telephone, telegraph and cable television
transmission facilities utilizing hard -wired or direct cable connections.
Arbor/Trellis. Arbors and trellises are ornamental landscape features designed to
display and support landscape plantings. They typically consist of an open, lattice-
work design constructed of wood, metal, or other lightweight material.
Auto and Vehicle Sales /Rental. A retail establishment selling and /or renting
automobiles, trucks and vans, motorcycles, and bicycles (bicycle sales are also
included under "General Retail "). May also include repair shops and the sales of
parts and accessories, incidental to vehicle dealerships. Does not include: the sale
of auto parts /accessories separate from a vehicle dealership (see "Auto Parts
Sales "); mobile home, recreational vehicle, or watercraft sales (see "Mobile Home,
RV and Boat Sales "); tire recapping establishments (see "Vehicle Services ");
businesses dealing exclusively in used parts, (see "Recycling - Scrap and Dismantling
Yards "); or "Service Stations," which are separately defined.
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Auto Parts Sales. A store that sells new automobile parts, tires, and accessories.
May also include minor parts installation (see also "Vehicle Services "). Does not
include tire recapping establishments, which are found under "Vehicle Services" or
businesses dealing exclusively in used parts, which are included under 'Recycling -
Scrap and Dismantling Yards."
Automated Teller Machine (ATM). A computerized, self - service machine used by
banking customers for financial transactions, including deposits, withdrawals and fund
transfers, without face -to -face contact with financial institution personnel. These
machines may be located at or within banks, or in other locations.
B. Definitions, "B."
Bakery, Retail. An establishment primarily engaged in the retail sale of baked
products. The products may be prepared either on or off site.
Bakery, Wholesale. A place for preparing, cooking, baking, and selling of products
for off - premise distribution. Over the counter or other retail dispensing of baked
goods on- premise is prohibited.
Banks and Financial Services. Financial institutions including:
banks and trust companies
credit unions
holding (but not primarily operating) companies
home loan services
lending and thrift institutions
mortgage brokers
other investment companies
securities /commodity
contract brokers and dealers
security and commodity exchanges
vehicle finance (equity) leasing
See also, "Automated Teller Machine," above.
Bar/Tavern. A business where alcoholic beverages are sold for on -site consumption,
which are not part of a larger restaurant. Includes bars, taverns, pubs, and similar
establishments where any food service is subordinate to the sale of alcoholic
beverages. May also include beer brewing as part of a microbrewery, and other
beverage tasting facilities. Does not include adult entertainment businesses.
Bed and Breakfast Inn (B &B). A building or group of buildings providing 15 or fewer
bedrooms or suites that are rented for overnight lodging, with a common eating area
for guests. Does not include .room rental, which is separately defined (see
Boarding /Rooming House).
Bedroom. A room within a dwelling unit that is designed for sleeping and consists of
at least 70- square feet in area, has light, ventilation and egress consistent with
Building Code requirements and has less than a 50% open wall area with an
adjoining room.
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Block Front. Block front means all the properties fronting on one side of a street,
between intersecting streets or a street and a railroad, waterway, cul -de -sac, or
unsubdivided land. (Ord. 941 - 1 (part), 1982: prior code - 9204.11 (part))
Boarding /Rooming House. A dwelling or part of a dwelling where lodging is
furnished for compensation to more than three persons living independently from
each other. Meals may also be included. Does not include fraternities, sororities,
convents, or monasteries, which are separately defined.
Building. 'Building" means any structure used or intended for sheltering or
supporting any use or occupancy. (Ord. 941 - 1 (part), 1982: prior code - 9204.11
(part))
Building and Landscape Materials Sales. Retail establishments selling hardware,
lumber and other large building materials, where most display and sales occur
indoors. Includes paint, wallpaper, glass, fixtures. Includes all these stores selling to
the general public, even if contractor sales account for a major proportion of total
sales. Establishments primarily selling electrical, plumbing, heating, and air
conditioning equipment and supplies are classified in "Wholesaling and Distribution."
Business Support Service. An establishment within a building that provides
services to other businesses. Examples of these services include:
blueprinting
computer - related services (rental, repair)
copying and quick printing services
film processing and photofinishing (retail)
mailing and mail box services
outdoor advertising services
protective services (other than office related)
security systems services
C. Definitions, "C."
Caretaker Dwelling. A permanent residence that is secondary or accessory to the
primary use of the property, and used for housing a caretaker employed on the site of
any non - residential use where needed for security purposes or to provide 24 -hour
care or monitoring of people, plants, animals, equipment, or other conditions on the
site.
Catering Service. An establishment that serves and supplies food to be consumed
off premises.
Cemetery, Mausoleum, Columbarium. Interment establishments engaged in
subdividing property into cemetery lots and offering burial plots or air space for sale.
Includes mausoleum, crematorium, and columbarium operations; and full - service
mortuaries and funeral parlors accessory to a cemetery or columbarium.
Club, Lodge, Private Meeting Hall. Permanent, headquarters -type and meeting
facilities for organizations operating on a membership basis for the promotion of the
interests of the members, including facilities for:
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business associations
civic, social and fraternal orgs.
labor unions and similar orgs.
political organizations
professional membership orgs.
other membership organizations
Commercial Recreation Facility - Indoor. Establishments providing indoor
amusement and entertainment services for a fee or admission charge, including:
bowling alleys
coin - operated amusement arcades
electronic game arcades
ice skating and roller skating
pool and billiard rooms as primary uses
This use does not include adult entertainment businesses, or night clubs, which are
separately defined. Four or more electronic games or coin - operated amusements in
any establishment, or a premises where 50 percent or more of the floor area is
occupied by amusement devices, are considered an electronic game arcade as
described above, three or less machines are not considered a land use separate from
the primary use of the site.
Commercial Recreation Facility - Outdoor. Facilities for various outdoor
recreational activities, where a fee is charged for use. Examples include:
amusement and theme parks
fairgrounds
go -cart tracks
golf driving ranges
miniature golf courses
roller skating, hockey, skateboarding
water slides
May also include commercial facilities customarily associated with the above outdoor
commercial recreational uses, including bars and restaurants, video game arcades,
etc.
Construction /Heavy Equipment Sales and Rental. Retail establishments selling or
renting construction, farm, or other heavy equipment. Examples include cranes,
earth moving equipment, tractors, combines, and other motorized farming equipment,
heavy trucks, etc.
Convalescent hospital. "Convalescent hospital' means any place, structure, or
institution providing for skilled nursing and allied professional health care, or for
chronic or convalescent care for one or more persons, exclusive of relatives, in which
nursing, dietary or other personal services are rendered to convalescents, invalids, or
aged persons, who, by reason of advanced age, chronic illness, or physical infirmity
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are unable to properly care for themselves, but not including persons suffering from
contagious or mental diseases, alcoholism, or drug addiction, and in which surgery is
not performed and primary treatment, such as customarily is given in hospitals or
sanitariums, is not provided. Convalescent hospital includes "nursing home" but does
not include "rest home," "hospital," or "residential care facility." (Ord. 941 - 1 (part),
1982: prior code - 9204.11 (part) Ord. 1346 (1999 Series))
Convenience Store. A retail establishment with not more than 4,500 square feet of
gross floor area, offering for sale prepackaged food products, household items,
newspapers and magazines, and sandwiches and other freshly prepared foods, such
as salads, for off -site consumption.
Convent or Monastery. A housing facility where residents are limited to members of
a specific religious order.
Creek. "Creek" is a waterway or portion of waterway designated as a creek on the
Open Space Element Creek Map. A drainage ditch, concrete swale, underground
culvert, or storm drain (as indicated on the Creek Map) is not a creek. Creeks located
outside the urban reserve line are as designated by the USGS 7.5 Minute series
quadrangle maps or San Luis Obispo County data. (Ord. 1225 (1992))
D. Definitions, "D."
Day Care. Facilities that provide non - medical care and supervision of adults or minor
children for periods of less than 24 hours. These facilities include the following, all of
which are required to be licensed by the California State Department of Social
Services.
1. Child Day Care Center. Commercial or non - profit child day care facilities
designed and approved to accommodate 15 or more children. Includes infant
centers, preschools, sick -child centers, and school -age day care facilities. These
may be operated in conjunction with a school or church facility, or as an
independent land use.
2. Large Family Day Care Home. As provided by Health and Safety Code Section
1596.78, a home that regularly provides care, protection, and supervision for
seven to 14 children, inclusive, including children under the age of 10 years who
reside in the home, for periods of less than 24 hours per day, while the parents or
guardians are away.
3. Small Family Day Care Home. As provided by Health and Safety Code Section
1596.78, a home that provides family day care for eight or fewer children,
including children under the age of 10 years who reside in the home.
4. Adult day care facility. A day care facility providing care and supervision for
adult clients.
Den (or family room, sewing room, loft or studio). "Den" (or "family room,"
"sewing room," 'loft" or "studio ") means a room which is open on at least one side,
does not contain a wardrobe, closet or similar facility, and which is not designed for
sleeping. (Ord. 941 - 1 (part), 1982: prior code - 9204.11 (part))
Demolition. The act of reconstructing, removing, taking down or destroying all or
portions of an existing building or structure, or making extensive repairs or
modifications to an existing building or structure, if such changes involve removal or
replacement of 50 percent or more of both the structural framing and cladding or of
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the exterior walls within a 24 -month period. When determining whether a building or
structure is demolished, the following applies:
A. The nonconforming portions of any wall is counted as removed or taken down,
even when retention of these portions is proposed.
B. Any continuous run of remaining exterior wall surfaces measuring 10 feet or
less in length are counted as removed or replaced.
Director. "Director" means the Director of the Community Development Department,
or someone designated by him to act on his behalf. (Ord. 941 - 1 (part), 1982: prior
code - 9204.11 (part))
Dormitory. A building used as group quarters for students, as an accessory use for
a college, university, boarding school, or other similar institutional use.
Drive - through facility. "Drive- through facility' means one in which vehicles line up
for service at definite spots and where customers are served without leaving their
vehicles. (Ord. 941 -1 (part), 1982: prior code - 9204.11 (part))
Dwelling. "Dwelling" means a building or mobile home on a permanent foundation
with provisions for sleeping, cooking and sanitation, and with permanent connections
to utilities, providing independent living space. Ord. 1006 - 1 (part), 1984: Ord. 941 -
1 (part), 1982: prior code - 9204.11 (part)) (Ord. 1365 (2000 Series)(part))
E. Definitions, "E."
Educational facilities.
A. "Adult school," "business school' or "trade school" means a professional,
recreational or vocational school providing a continuous program of instruction
primarily for adults, as a business.
B. "College" means a facility providing a continuous academic program primarily for
students 17 years of age or older.
C. "Elementary school" means a facility providing a continuous program of instruction
for students generally aged five through 12.
D. "High school" means a facility providing a continuous program of instruction for
students generally aged 16 through 18.
E. "Junior high school" means a facility providing a continuous program of instruction
for students generally aged 13 through 15.
F. "Nursery school and preschool' see Day Care. (Ord. 1225, 1992 (part))
Electronic game /Electronic game amusement center. "Electronic game" means
a coin - operated machine or device offered to the public as a game or amusement,
the object of which is to achieve a high or low score based on the skill of the player.
"Electronic game amusement center" means any premises having thereon available
four or more electronic games, when the games are a primary good or service offered
by the establishment. See also Chapter 5.52, electronic game amusement centers.
(Ord. 946 - 3. 1983: prior code - 9204.11 (part))
Existing topography. "Existing topography" means the natural unaltered topography
or the topography resulting from grading activity legally permitted in conjunction with
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subdivision improvements, right -of -way improvements, or previous on -site building
improvements. (Ord. 1365 (2000 Series)(part))
Extended Hour Retail. A business that is open to the public between the hours of 2
a.m., and 6 a.m.
F. Definitions, "F."
Festival (or carnival or fair). "Festival" (or "carnival' or "fair ") means a temporary
public or commercial gathering where entertainment, food, crafts, and the like are
offered for viewing or sale. Gatherings on public property under the sponsorship or
control of the city are excluded. (Ord. 941 - 1 (part), 1982: prior code - 9204.11
(part))
Fitness /Health Facility. Fitness centers, gymnasiums, health and athletic clubs
including any of the following: indoor sauna, spa or hot tub facilities; indoor tennis,
handball, racquetball, archery and shooting ranges and other indoor sports activities.
Floor area ratio. The gross floor area of a building or buildings on a lot divided by
the lot area. (Ord. 1365 (2000 Series)(part))
Food bank /packaged food distribution center. A use where goods are received
and /or stored for delivery to the ultimate customer.
Fraternity house (or sorority house). "Fraternity house" (or "sorority house ")
means residence for college or university students who are members of a social or
educational association which is affiliated and in good standing with California
Polytechnic State University and where such an association holds meetings or
gatherings. (Ord. 941 - 1 (part), 1982: prior code - 9204.11 (part))
Front Yard. The area of a residential lot that lies between the street property line and
the walls of any residences that face the street. (Ord. 1277, 1995)
Fuel Dealer. A retail trade establishment that sells fuel oil, butane, propane and
liquefied petroleum gas (LPG), bottled or in bulk, to consumers, as the primary use of
the site. Does not include the sale of these fuels as an accessory use to a service
station.
Furniture /Fixtures Manufacturing, Cabinet Shop. Manufacturers producing: wood
and metal household furniture and appliances; bedsprings and mattresses; all types
of office furniture and public building furniture and partitions, shelving, lockers and
store furniture; and miscellaneous drapery hardware, window blinds and shades.
Includes wood and cabinet shops, but not sawmills or planing mills, which are instead
included under "Manufacturing - Heavy."
Furniture, Furnishings and Appliance Store. A store that primarily sells the
following products and related services, that may also provide incidental repair
services:
computers and computer equipment large musical instruments
draperies
lawn furniture
floor coverings movable spas and hot tubs
furniture office furniture
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glass and chinaware other household electrical and gas
home appliances appliances
home furnishings outdoor furniture
home sound systems refrigerators
interior decorating materials and services stoves
televisions
G. Definitions, "G."
General Retail. Stores and shops selling many lines of merchandise. Examples of
these stores and lines of merchandise include:
art galleries, retail
artists' supplies
auction rooms
bicycles (also included under Auto &
Vehicle Sales)
books
cameras and photographic supplies
clothing and accessories
collectibles (cards, coins, comics, stamps,
etc.)
department stores
drug and discount stores
dry goods
fabrics and sewing supplies
florists and houseplant stores (indoor sales
only, outdoor sales are "Building and
Landscape Materials Sales ")
hobby materials
jewelry
luggage and leather goods musical
instruments, parts and accessories
orthopedic supplies
religious goods
small wares
specialty shops
sporting goods and equipment
stationery
toys and games
variety store
Golf Course. Golf courses, and accessory facilities and uses including: clubhouses
with bar and restaurant, locker and shower facilities; driving ranges; "pro shops" for
on -site sales of golfing equipment; and golf cart storage and sales facilities.
Grazing. "Grazing" means the keeping of hoofed animals where food grown on the
premises is the principal food of the livestock. (Ord. 941 - 1 (part), 1982: prior code -
9204.11 (part))
Gross floor area. "Gross floor area" means the total area enclosed within a building,
including closets, stairways, and utility and mechanical rooms, measured from the
interior face of the walls. (Ord. 941 - 1 (part), 1982: prior code - 9204.11 (part))
Guest House. A separate "accessory structure ", that is designed, occupied, or
intended for occupancy as sleeping and bathing quarters only, that does not contain a
Kitchen, and is intended to be used in conjunction with a primary residence that
contains a kitchen. A guest house shall be no larger than 450 square feet.
H. Definitions, "H."
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Heliport. A designated, marked area on the ground or the top of a structure where
helicopters may land at any time.
High Occupancy Residential Use. A "High Occupancy Residential Use" is any
dwelling other -than a residential care facility as defined in section 17.04.340 of this
code, in the R -1 or R -2 zones when the occupancy of the dwelling consists of six or
more adults. (Ord. 1154 - 1 Ex. A (part), 1989)
Home Occupation. The conduct of a business within a dwelling unit or residential
site, employing only the occupants of the dwelling, with the business activity being
subordinate to the residential use of the property.
Homeless Shelter. A church, public building, or quasi - public facility that provides
emergency or temporary. shelter to homeless individuals and /or groups. These
accommodations may include temporary lodging, meals, laundry facilities, bathing,
counseling, and other basic support services.
Hospital. "Hospital" means a facility housing and providing a full range of medical
care, including acute care, for patients who require such care on the premises. (Ord.
941 - 1 (part), 1982: prior code - 9204.11 (part))
Hostel. Inexpensive lodging that caters primarily, but not exclusively, to travelers
who arrive by bicycle, train, or other non - automotive vehicles.
Hotel, Motel. A facility with guest rooms or suites, with or without kitchen facilities,
rented to the general public for transient lodging. Hotels typically include a variety of
services in addition to lodging; for example, restaurants, meeting facilities, personal
services, etc. Also includes accessory guest facilities such as swimming pools,
tennis courts, indoor athletic facilities, accessory retail uses, etc.
Definitions, "I."
Impervious surface. A surface that is incapable of being penetrated by water
Industrial Research and Development (R&D). A facility for scientific research, and
the design, development and testing of electrical, electronic, magnetic, optical and
computer and telecommunications components in advance of product manufacturing,
and the assembly of related products from parts produced off -site, where the
manufacturing activity is secondary to the research and development activities.
Includes pharmaceutical, chemical and biotechnology research and development.
Does not include soils and other materials testing laboratories (see "Laboratories "), or
medical laboratories (see "Medical Service - Clinic, Laboratory, Urgent Care ").
K. Definitions, "K."
Kitchen. "Kitchen" means any area within any structure including one or more of the
following facilities that are capable of being used for the preparation or cooking of
food: oven /microwave oven, stove, hotplate, refrigerator exceeding six cubic feet,
dishwasher, garbage disposal, sink having a drain outlet larger than 1 '/2 inch in
diameter, and cabinets, counter space, or other areas for storing food.
L. Definitions, "L."
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Laboratory - Medical, Analytical, Research, Testing. A facility for testing, analysis,
and /or research. Examples of this use include medical labs, soils and materials
testing labs, and forensic labs. This type of facility is distinguished from Industrial
Research and Development in its orientation more toward testing and analysis than
product development or prototyping; an Industrial Research and Development facility
may typically include this type of lab. The "medical lab" subset of this land use type is
oriented more toward specimen analysis and processing than direct blood drawing
and specimen collection from patients (see "Medical Service - Clinic, Laboratory,
Urgent Care "), but may also include incidental specimen collection.
Laundries and Dry Cleaning Plants. Service establishments engaged primarily in
high volume laundry and garment services, including: carpet and upholstery
cleaners; diaper services; dry cleaning and garment pressing; commercial laundries;
linen supply. These facilities may include accessory customer pick -up facilities.
These facilities do not include coin - operated laundries or dry cleaning pick -up stores
without dry cleaning equipment; see 'Personal Services."
Libraries and Museums. Public or quasi - public facilities, examples of which include:
aquariums, arboretums, art galleries and exhibitions, botanical gardens, historic sites
and exhibits, libraries, museums, planetariums, and zoos. May also include
accessory retail uses such as a gift/book shop, restaurant, etc.
Live/Work Unit, Work/Live Unit. An integrated housing unit and working space,
occupied and utilized by a single household in a structure, either single - family or
multi - family, that has been designed or structurally modified to accommodate joint
residential occupancy and work activity, and which includes:
1. Complete kitchen space and sanitary facilities in compliance with the City building
code; and
2. Working space reserved for and regularly used by one or more occupants of the
unit.
The difference between live /work and work/live units is that the "work" component
of a live /work unit is secondary to its residential use, and may include only
commercial activities and pursuits that are compatible with the character of a
quiet residential environment, while the work component of a work/live unit is the
primary use, to which the residential component is secondary.
Lot. "Lot' means:
A. A parcel of real property with a distinct designation delineated on an approved
survey map, tract map, or parcel map filed in the Office of the County Recorder
and abutting at least one public street; or
B. A parcel of real property containing at least the area required for the zone district
in which it is located, abutting at least one public street or other access approved
by the council, and held under separate ownership from adjoining property. (Ord.
941 - 1 (part), 1982: prior code - 9204.11 (part))
M. Definitions, "M."
Maintenance Service, Client Site Services. Base facilities for various businesses
that provide services on the premises of their clients. Includes gardening, janitorial,
pest control, water and smoke damage recovery, and similar services; and appliance,
computer, electronics, elevator, equipment, HVAC, instrument, plumbing, and other
maintenance and repair services not operating from a retail establishment that sells
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the products being maintained or repaired. When these services operate from a retail
establishment that sells the products being maintained or repaired, they are instead
considered part of the retail use. Does not include office -only facilities with no storage
of the equipment and /or vehicles used by the service, which are included under
"Office - Production and Administrative."
Manufacturing - Heavy. A facility accommodating manufacturing processes that
involve and /or produce basic metals, building materials, chemicals, fabricated metals,
paper products, machinery, textiles, and /or transportation equipment, where the
intensity and /or scale of operations may cause impacts on surrounding land uses or
the community. Examples of heavy manufacturing uses include the following.
1. Chemical Product Manufacturing. An establishment that produces or uses
basic chemicals, and other establishments creating products predominantly by
chemical processes. Examples of these products include: basic chemicals,
including acids, alkalies, salts, and organic chemicals; chemical products to be
used in further manufacture, including synthetic fibers, plastic materials, dry
colors, and pigments; and finished chemical products to be used for ultimate
consumption, including drugs /pharmaceuticals, cosmetics, and soaps; or to be
used as materials or supplies in other industries including paints, fertilizers, and
explosives. Also includes sales and transportation establishments handling the
chemicals described above, except as part of retail trade.
2. Concrete, Gypsum, and Plaster Product Manufacturing. An establishment
that produces bulk concrete, concrete building block, brick, and /or other types of
precast and prefabricated concrete products. Also includes ready -mix concrete
batch plants, lime manufacturing, and the manufacture of gypsum products,
including plasterboard. A retail ready -mix concrete operation as an incidental use
in conjunction with a building materials outlet is defined under 'Building and
Landscape Materials Sales."
3. Glass Product Manufacturing. An establishment that manufactures glass
and /or glass products by melting silica sand or cullet, including the production of
flat glass and other glass products that are pressed, blown, or shaped from glass
produced in the same establishment. Artisan and craftsman type operations of a
larger scale than home occupations are instead included under (Manufacturing -
Light - Handcraft Industries and Small -Scale Manufacturing).
4. Lumber and Wood Product Manufacturing. Manufacturing, processing, and
sales involving the milling of forest products to produce rough and finished lumber
and other wood materials for use in other manufacturing, craft, or construction
processes. Includes the following processes and products:
containers, pallets and skids
matches (wood)
milling operations
trusses and structural beams
turning and shaping of wood products
wholesaling of basic wood products
wood product assembly
Does not include craft -type shops ( "Handcraft Industries and Small -Scale
Manufacturing "); other wood and cabinet shops ( "Furniture and Fixture
Manufacturing, Cabinet Shops "); or the entirely indoor retail sale of building
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materials, construction tools and equipment ('Building and Landscape Materials
Sales ").
5. Machinery Manufacturing. An establishment that makes or processes raw
materials into finished machines or parts for machines. Does not include the
manufacture of electronics, equipment, or appliances ( "Electronics, Equipment, and
Appliance Manufacturing ").
6. Metal Products Fabrication, Machine and Welding Shops. An establishment
engaged in the production and /or assembly of metal parts, including the production of
metal cabinets and enclosures, cans and shipping containers, doors and gates, duct
work, forgings and stampings, hardware and tools, plumbing fixtures and products,
tanks, towers, and similar products. Examples of these uses include:
blacksmith and welding shops
plating, stripping, and coating shops
sheet metal shops
machine shops and boiler shops
7. Motor Vehicles and Transportation Equipment. Manufacturers of equipment for
transporting passengers and cargo by land, air and water, including motor vehicles,
aircraft, spacecraft, ships, boats, railroad and other vehicles such as motorcycles,
bicycles and snowmobiles. Includes manufacture of motor vehicle parts and
accessories; trailers and campers for attachment to other vehicles; self- contained
motor homes; and van conversions. Does not include mobile home and modular
home assembly (listed under "Lumber and Wood Products ").
8. Paving and Roofing Materials Manufacturing. The manufacture of various
common paving and petroleum -based roofing materials, including bulk asphalt,
paving blocks made of asphalt, creosote wood, and various compositions of asphalt
and tar. Does not include the manufacture of wood roofing materials (shingles,
shakes, etc.) ( "Lumber and Wood Product Manufacturing ").
9. Petroleum Refining and Related Industries. Industrial plants for purifying
petroleum, and the compounding of lubricating oils and greases from purchased
materials. Also includes oil or gas processing facilities, liquified natural gas (LNG)
facilities, the manufacture of petroleum coke and fuel briquettes, tank farms, and
terminal facilities for pipelines. Does not include petroleum pipeline surge tanks and
pump stations ('Public Utility Facilities "), or petroleum product distributors ('Petroleum
Product Storage and Distribution ").
10. Plastics, other Synthetics, and Rubber Product Manufacturing. The
manufacture of rubber products including: tires, rubber footwear, mechanical rubber
goods, heels and soles, flooring, and other rubber products from natural, synthetic, or
reclaimed rubber. Also includes establishments engaged primarily in manufacturing
tires; products from recycled or reclaimed plastics or styrofoam; molding primary
plastics for other manufacturers, manufacturing miscellaneous finished plastics
products, fiberglass manufacturing, and fiberglass application services. Does not
include establishments engaged primarily in recapping and retreading automobile
tires ( "Vehicle Services - Major Repair /Body Work ").
11. Primary Metal Industries. An establishment engaged in: the smelting and refining
of ferrous and nonferrous metals from ore, pig, or scrap; the rolling, drawing, and
alloying of metals; the manufacture of castings, forgings, stampings, extrusions, and
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other basic metal products; and the manufacturing of nails, spikes, and insulated wire
and cable. Also includes merchant blast furnaces and by- product or beehive coke
ovens.
12. Pulp and Pulp Product Manufacturing. An establishment that manufactures pulp,
paper, or paperboard. Includes pulp, paper, and paperboard mills. Does not include
establishments primarily engaged in converting paper or paperboard without
manufacturing the paper or paperboard, including envelope manufacturing, converted
paper products, paper coating and glazing, paper bags, assembly of paperboard
boxes, wallpaper (Manufacturing, Light Manufacturing, Paper Product Manufacturing).
13. Stone and Cut Stone Product Manufacturing. An establishment that cuts, shapes,
and /or finishes marble, granite, slate, and /or other stone for construction and
miscellaneous uses. Does not include establishments engaged primarily in buying or
selling partly finished monuments and tombstones (see "Handcraft Industries and
Small Scale Manufacturing).
14. Structural Clay and Pottery Product Manufacturing. An establishment that
produces brick and structural clay products, including pipe, china plumbing fixtures,
vitreous china articles, and /or fine earthenware and porcelain products. Does not
include artist/craftsman uses (see "Handcraft Industries and Small Scale
Manufacturing," "Home Occupations ").
15. Textile and Leather Product Manufacturing. An establishment that converts basic
fibers (natural or synthetic) into a product, including yarn or fabric, that can be further
manufactured into usable items (see "Handcraft Industries and Small Scale
Manufacturing), and industries that transform hides into leather by tanning or curing.
Includes:
coating, waterproofing, or otherwise treating fabric
dressed and dyed furs
dying and finishing fiber, yarn, fabric, and knit apparel
leather- tanned, curried, and finished
manufacture of knit apparel and other finished products from yarn
manufacture of felt goods, lace goods, non -woven fabrics and miscellaneous textiles
manufacturing of woven fabric, carpets, and rugs from yarn
preparation of fiber and subsequent manufacturing of yarn, threads, braids, twine
scouring and combing plants
upholstery manufacturing
yarn and thread mills
Manufacturing - Light. A facility accommodating manufacturing processes involving
and /or producing: apparel; food and beverage products; electronic, optical, and
instrumentation products; ice; jewelry; and musical instruments. Light manufacturing
also includes other establishments engaged in the assembly, fabrication, and
conversion of already processed raw materials into products, where the operational
characteristics of the manufacturing processes and the materials used are unlikely to
cause significant impacts on surrounding land uses or the community. Examples of
light manufacturing uses include the following.
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1. Clothing and Fabric Product Manufacturing. An establishment that
assembles clothing, draperies, and /or other products by cutting and sewing
purchased textile fabrics, and related materials including leather, rubberized
fabrics, plastics and furs. Does not include custom tailors and dressmakers not
operating as a factory and not located on the site of a clothing store (see
'Personal Services "). See also, "Manufacturing - Heavy - Textile and Leather
Product Manufacturing."
2. Electronics, Equipment, and Appliance Manufacturing. An establishment that
manufactures equipment, apparatus, and /or supplies for the generation, storage,
transmission, transformation and use of electrical energy, including:
appliances such as stoves /ovens,
refrigerators, freezers, laundry equipment,
fans, vacuum cleaners, sewing machines
aviation instruments
computers, computer components,
peripherals
electrical transmission and distribution
equipment
electronic components and accessories,
semiconductors, integrated circuits, related
devices
electrical welding apparatus
lighting and wiring equipment such as
lamps and fixtures, wiring devices, vehicle
lighting
industrial apparatus
industrial controls
instruments for measurement, testing,
analysis and control, associated sensors
and accessories
miscellaneous electrical machinery,
equipment and supplies such as batteries,
X -ray apparatus and tubes, electromedical
and electrotherapeutic apparatus, electrical
equipment for internal combustion engines
motors and generators
optical instruments and lenses
photographic equipment and supplies
pre- recorded magnetic tape
radio and television receiving equipment
such as television and radio sets,
phonograph records and surgical, medical
and dental instruments, equipment, and
supplies
surveying and drafting instruments
telephone and telegraph apparatus
transformers, switch gear and
switchboards
watches and clocks
Does not include testing laboratories (soils,
materials testing, etc.) (see "Business
Support Services "), or research and
development facilities separate from
manufacturing (see 'Research and
Development ").
3. Food and Beverage Product Manufacturing. Manufacturing establishments
producing or processing foods and beverages for human consumption, and
certain related products. Examples of these uses include:
bottling plants
breweries
grain mill products and by- products
meat, poultry, and seafood canning, curing,
candy, sugar and confectionery products byproduct processing
manufacturing soft drink production
catering services separate from stores or
restaurants
coffee roasting
miscellaneous food item preparation from
raw product
Does not include: bakeries, which are
separately defined; or beer brewing as part
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dairy products manufacturing
fats and oil product manufacturing
fruit and vegetable canning, preserving,
related processing
junC 2008
of a brew pub, bar or restaurant (see
"Bar/Tavern," and "Night Club ").
4. Handcraft Industries, Small -Scale Manufacturing. Establishments
manufacturing and /or assembling small products primarily by hand, including
jewelry, pottery and other ceramics, as well as small glass and metal art and craft
products. Also includes manufacturing establishments producing small products
not classified in another major manufacturing group, including: brooms and
brushes; buttons, costume novelties; jewelry; musical instruments; pens, pencils,
and other office and artists' materials; sporting and athletic goods; toys; etc.
5. Paper Product Manufacturing. An establishment that converts pre -
manufactured paper or paperboard into boxes, envelopes, paper bags, wallpaper,
etc., and /or that coats or glazes pre- manufactured paper. Does not include the
manufacturing of pulp, paper, or paperboard (see AManufacturing - Heavy - Pulp
and Pulp Product Manufacturing ").
Media Production. Fixed -base facilities for motion picture, television, video, sound,
computer, and other communications media production. These facilities include the
following types.
1. Backlots /outdoor facilities and soundstages. Outdoor sets, backlots, and
other outdoor facilities and warehouse -type facilities providing space for the
construction and use of indoor sets, including supporting workshops and craft
shops.
2. Broadcast studios. Workplace where movies, televisions shows, or radio
programs are produced and recorded, including administrative and technical
production, administrative and production support offices, post - production
facilities (editing and sound recording studios, foley stages, etc.), optical and
special effects units, film processing laboratories, etc.
Medical Service - Doctor Office. A facility other than a hospital where medical,
dental, mental health, surgical, and /or other personal health care services are
provided on an outpatient basis, and that accommodates no more than five licensed
primary practitioners (for example, chiropractors, medical doctors, psychiatrists, etc.).
Counseling services by other than medical doctors or psychiatrists are included
under "Offices - Professional." Does not include sports therapy that provides on -site
fitness equipment, which is instead included under "Fitness /Health Facility."
Medical Service - Clinic, Laboratory, Urgent Care. A facility other than a hospital
where medical, mental health, surgical and other personal health services are
provided on an outpatient basis. Examples of these uses include:
medical and dental laboratories
medical offices with six or more licensed practitioners and /or medical specialties
out - patient care facilities
urgent care facilities
other allied health services
Counseling services by other than medical doctors or psychiatrists are included
under "Offices - Professional."
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Medical Service - Extended Care. Residential facilities providing nursing and
health - related care as a primary use with in- patient beds. Examples of these uses
include: board and care homes; convalescent and rest homes; extended care
facilities; and skilled nursing facilities. Long -term personal care facilities that do not
emphasize medical treatment are included under "Residential Care."
Medical Service - Hospital. Hospitals and similar facilities engaged primarily in
providing diagnostic services, and extensive medical treatment, including surgical and
other hospital services. These establishments have an organized medical staff,
inpatient beds, and equipment and facilities to provide complete health care. May
include on -site accessory clinics and laboratories, accessory retail uses and
emergency heliports (see the separate definition of "Accessory Retail and Services ").
Minor Addition. Additions comprising less than 50% increase in total building area,
constructed in compliance with current regulations.
Minor Nonconforming Addition. Extension of the nonconforming feature of an
existing building by no more than 50 %.
Mixed Use Project. A project that combines both non - residential and residential
uses, where the residential component is typically located above or behind the
commercial.
Mobile Home, RV, and Boat Sales. Retail establishments selling both mobile home
dwelling units, and /or various vehicles and watercraft for recreational uses. Includes
the sales of boats, campers and camper shells, jet skis, mobile homes, motor homes,
and travel trailers.
Mobile Home Park. A parcel of land under one or more ownerships that has been
planned and improved for the placement of two or more mobile homes, as the term
,'mobile home" is defined in California Civil Code Section 798.3 or successor provision
of the California Mobilehome Residency Law, for nontransient use.
Mortuaries and Funeral Homes. Funeral homes and parlors, where deceased are
prepared for burial or cremation, funeral services may be conducted, and cremation
may occur.
Multi- Family Dwelling. A dwelling unit that is part of a structure containing one or
more other dwelling units, or a non - residential use. An example of the latter is a
mixed -use project where, for example, one or more dwelling units are part of a
structure that also contains one or more commercial uses (retail, office, etc.). Multi-
family dwellings include: duplexes, triplexes, fourplexes (buildings under one
ownership with two, three or four dwelling units, respectively, in the same structure);
apartments (five or more units under one ownership in a single building); and
townhouse development (three or more attached dwellings where no unit is located
over another unit). Does not include secondary units, which are defined in Chapter
17.21.
N. Definitions, "N."
Night Club. A facility providing entertainment, examples of which include live or
recorded music and /or dancing, comedy, disc jockeys, etc., which may also serve
alcoholic beverages for on -site consumption. Does not include ambient music, which
is defined separately.
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O. Definitions, "O."
Office. These Zoning Regulations distinguish between the following types of offices.
These do not include medical offices (see "Medical Service - Clinic, Laboratory,
Urgent Care," and "Medical Service - Doctor Office. ")
1. Accessory. An office facility that is incidental and accessory to another business
or sales activity that is the primary use.
2. Business and Service. An establishment providing direct services to
consumers. Examples of these uses include:
employment agencies
insurance agent offices (small -scale customer service offices, not administrative,
see item 5. below)
real estate offices
travel agencies
utility company payment offices (not administrative, see item 4. below)
This use does not include Banks and Financial Services, which are separately
defined.
3. Government. Administrative, clerical, or public contact and /or service offices of
a city, other local, state, or federal government agency or service facilities.
Includes post offices, but not bulk mailing distribution centers, which are under
"Truck and Freight Terminals."
4. Processing. An office -type facility characterized by high employee density, with
little or no public visitation, and occupied by a business engaged in information
processing, or other computer- dependent and /or telecommunications -based
activities. Examples of these uses include:
airline, lodging chain, and rental car company reservation centers
computer software and hardware design and development
consumer credit reporting
data processing services
health management organization (HMO) offices where no medical services are
provided
insurance claim processing
mail order and electronic commerce transaction processing
telecommunications facility design and management
telemarketing
5. Production and administrative. An office -type facility used for administrative
purposes, and /or occupied by a business engaged in the production of intellectual
property. Examples of these uses include:
advertising agencies
commercial art and design services
construction contractors (office facilities only)
design services including architecture, engineering, landscape architecture, urban
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planning
educational, scientific and research organizations
media postproduction services
news services
photography studios
utility company administrative offices
writers and artists offices
6. Professional. An office -type facility occupied by a business providing
professional services. Examples of these uses include:
accounting, auditing and bookkeeping services
attorneys
counseling services
court reporting services
detective agencies and similar services
financial management and investment counseling
literary and talent agencies
management and public relations services
psychologists
secretarial, stenographic, word processing, and temporary clerical employee
services
security and commodity brokers
7. Temporary. A mobile home, recreational vehicle or modular unit used as a
temporary office facility. Temporary Offices may include: construction
supervision offices on a construction site or off -site construction yard; a
temporary on -site real estate office for a development project; or a temporary
business office in advance of permanent facility construction.
8. Temporary Real Estate. The temporary use of a dwelling unit within a
residential development project as a sales office for the units on the same site,
which is converted to residential use at the conclusion of its office use.
Office - Supporting Retail. A retail store that carries one or more types of
merchandise that will typically be of frequent interest to and /or needed by the various
businesses listed under the definition of "Office," and /or the employees of those
businesses. Examples of these types of merchandise include:
Computer equipment
Office supplies, stationery
News stands
Photographic supplies and cameras
Off -site wine tasting room. "Off -site wine tasting room" means a satellite wine
tasting room associated with a licensed winery serving only those wines it produces in
1 -ounce tastes. Only one satellite wine tasting room is permitted per licensed winery.
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Wine tasting establishments serving wines from multiple wineries are separately
defined as a Bar/Tavern.
One - bedroom dwelling. "One- bedroom dwelling" means a one - bedroom dwelling
unit with not more than 1,000 square feet of gross floor area. The floor area in a loft
is included as part of the gross floor area calculation.
Outdoor sales. "Outdoor sales" means the sale of items regularly stored or
displayed outside a building, where such items are visible from a public right -or -way
or neighboring property. (Ord. 941 - 1 (part), 1982: prior code - 9204.11 (part))
Overlay zone. "Overlay zone" means a zone applied in combination with other zone
districts in order to impose additional restrictions or to allow greater variety than is
possible with the underlying zone. (Ord. 941 - 1 (part), 1982: prior code - 9204.11
(part))
P. Definitions, "P."
Parking Facility. A surface parking lot or parking structure that is a primary use of a
site.
Park, Playground. Public parks, play lots, and playgrounds, providing non-
commercial facilities for active and /or passive recreation for neighborhood or
community use. These facilities may also include any listed under the definition of
Sports and Active Recreation Facility.
Personal Services. Establishments providing non - medical services to individuals as
a primary use. Examples of these uses include:
barber and beauty shops
clothing rental
dry cleaning pick -up stores with limited equipment
home electronics and small appliance repair
laundromats (self - service laundries)
massage (licensed, therapeutic, non - sexual)
shoe repair shops
tailors
tanning salons
These uses may also include accessory retail sales of products related to the
services provided.
Personal Services - Restricted. Personal services that may tend to have a blighting
and /or deteriorating effect upon surrounding areas and which may need to be
dispersed to minimize their adverse impacts. Examples of these uses include:
check cashing
fortune tellers, psychics
palm and card readers
tattoo and body piercing services
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Photo and Film Processing Lab. A facility that provides high volume and /or custom
processing services for photographic negative film, transparencies, and /or prints,
where the processed products are delivered to off -site retail outlets for customer pick-
up. Does not include: small -scale photo processing machines accessory to other
retail businesses, which are allowed as part of those businesses; or small -scale retail
photofinishing services that provide over - the - counter processing services to individual
customers, which are included in the definition of "Business Support Services."
Printing and Publishing. Establishments engaged in printing by letterpress,
lithography, gravure, screen, offset, or electrostatic (xerographic) copying; and other
establishments serving the printing trade such as bookbinding, typesetting, engraving,
photoengraving and electrotyping. This use also includes establishments that publish
newspapers, books and periodicals; establishments manufacturing business forms
and binding devices. "Quick printing" services are included in the definition of
"Business Support Services."
Private club (or lodge). "Private club" (or "lodge ") means a premises
accommodating bona fide members and their guests only, for social, cultural or
educational activities, and only incidentally used for gatherings of other than the club's
members. (Ord. 941 - 1 (part), 1982: prior code - 9204.11 (part))
Produce Stand. A temporary facility for selling seasonal goods such as fruits,
vegetables, and plants.
Public Assembly Facility. An indoor facility for public assembly and group
entertainment, other than sporting events. Examples of these facilities include:
community centers
exhibition and convention halls
public and semi - public auditoriums
similar public assembly uses
Public Safety Facility. Facilities operated by public agencies including fire stations,
other fire prevention and fire fighting facilities, police and sheriff substations and
headquarters, including interim incarceration facilities.
Public Utility Facility. Fixed -base structures and facilities serving as junction points
for transferring electric utility services from one transmission voltage to another or to
local distribution and service voltages, and similar facilities for water supply and
natural gas distribution. This use type may also include administrative and customer
service offices (also included under "Offices "), and includes any of the following that
are not exempted from land use permit requirements by Government Code Section
53091:
corporation and maintenance yards.
electrical substations and switching stations
natural gas regulating and distribution facilities
public water system wells, treatment plants and storage
telephone switching facilities
wastewater treatment plants, settling ponds and disposal fields
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R. Definitions, "R."
JunE 2008
Recreational vehicle. Any trailer, camper, motor home or other vehicle designed
and intended for traveling and recreational purposes.
Recycling Facilities. This land use type includes a variety of facilities involved with
the collection, sorting and processing of recyclable materials.
1. Collection facility. A center where the public may donate, redeem or sell
recyclable materials, which may include the following, where allowed by the
applicable zoning district:
a. Reverse vending machines;
b. Small collection facilities which occupy an area of 350 square feet or less and
may include:
(1) A mobile unit;
(2) Bulk reverse vending machines or a grouping of reverse vending
machines occupying more than 50 square feet; and
(3) Kiosk -type units which may include permanent structures.
c. Large collection facilities which occupy an area of more than 350 square feet
and /or include permanent structures.
2. Mobile recycling unit. An automobile, truck, trailer, or van used for the
collection of recyclable materials, carrying bins, boxes, or other containers.
3. Processing facility. A structure or enclosed space used for the collection and
processing of recyclable materials for shipment, or to an end - user's
specifications, by such means as baling, briquetting, cleaning, compacting,
crushing, flattening, grinding, mechanical sorting, re- manufacturing and
shredding. Processing facilities include the following types, both of which are
included under the definition of "Scrap and Dismantling Yards," below:
a. Light processing facility occupies an area of under 45,000 square feet of
collection, processing and storage area, and averages two outbound truck
shipments each day. Light processing facilities are limited to baling,
briquetting, compacting, crushing, grinding, shredding and sorting of source
separated recyclable materials sufficient to qualify as a certified processing
facility. A light processing facility shall not shred, compact, or bale ferrous
metals other than food and beverage containers; and
b. A heavy processing facility is any processing facility other than a light
processing facility.
4. Recycling facility. A center for the collection and /or processing of recyclable
materials. A "certified" recycling or processing facility is certified by the California
Department of Conservation as meeting the requirements of the California
Beverage Container Recycling and Litter Reduction Act of 986. A recycling facility
does not include storage containers located on a residentially, commercially or
industrially designated site used solely for the recycling of material generated on
the site. See "Collection Facility" above.
5. Recycling or recyclable material. Reusable domestic containers and other
materials which can be reconstituted, re- manufactured, or reused in an altered
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form, including glass, metals, paper and plastic. Recyclable material does not
include refuse or hazardous materials.
6. Reverse vending machine. An automated mechanical device which accepts at
least one or more types of empty beverage containers and issues a cash refund
or a redeemable credit slip with a value not less than the container's redemption
value, as determined by State law. These vending machines may accept
aluminum cans, glass and plastic bottles, and other containers.
A bulk reverse vending machine is a reverse vending machine that is larger than
50 square feet, is designed to accept more than one container at a time, and
issues a cash refund based on total weight instead of by container.
7. Scrap and dismantling yards. Outdoor establishments primarily engaged in
assembling, breaking up, sorting, and the temporary storage and distribution of
recyclable or reusable scrap and waste materials, including auto wreckers
engaged in dismantling automobiles for scrap, and the incidental wholesale or
retail sales of parts from those vehicles. Includes light and heavy processing
facilities for recycling (see the definitions above). Does not include: places
where these activities are conducted entirely within buildings; pawn shops, and
other secondhand stores; the sale of operative used cars; or landfills or other
waste disposal sites.
Religious Facility. Facilities operated by religious organizations for worship, or the
promotion of religious activities, including churches, mosques, synagogues, temples,
etc.; and accessory uses on the same site, including living quarters for ministers and
staff, child day care facilities and religious schools where authorized by the same type
of land use permit required for the religious facility itself. May also include fund-
raising sales, bazaars, dinners, parties, or other outdoor events on the same site.
Other establishments maintained by religious organizations, including full -time
educational institutions, hospitals and other related operations, are classified
according to their respective activities.
Repair Services. Establishments providing repair services for large equipment and
appliances primarily serving businesses. Repair services for individuals are
separately defined under "Personal Services ".
Rest home. "Rest home" means a residential facility for six or more elderly or infirm
persons, all of whom are independently mobile and do not require confinement or
regular nursing or medical care on the premises. Rest home differs from a
"convalescent hospital"' in that it is expected to provide comfort, safety, social
participation, and the maintenance of health and activity, but do not provide skilled
nursing care for the ill. (Ord. 941 - 1(part), 1982: prior code 9204.11 (part) Ord. 1346
(1999 Series)
Residential Care. A single dwelling unit or multiple -unit facility licensed or
supervised by any Federal, State, or local health /welfare agency that provides 24-
hour non - medical care of unrelated persons who are handicapped and in need of
personal services, supervision, or assistance essential for sustaining the activities of
daily living or for the protection of the individual in a family -like environment.
Residential Hospice Facility. Residential facilities licensed or supervised by any
Federal, State, or local health /welfare agency that provide 24 -hour medical and /or
non - medical services for patients under the care of a licensed, Medicare Certified
Hospice Agency.
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Residential Support Services. An establishment with a gross floor area no greater
than 3,000 square feet that provides services to residences and residential home
offices. Examples of these services include:
computer - related services (rental, repair)
copying and quick printing services
mailing and mail box services
Restaurant. A retail business selling ready -to -eat food for on- or off - premise
consumption. These include eating establishments where customers are served from
a walk -up ordering counter for either on- or off - premise consumption, establishments
where most customers are served food at tables for on- premise consumption, but
may also provide food for take -out, and establishments that provide food for off -
premise consumption only. Includes coffee houses, donut shops, delicatessens, etc.
Does not include restaurants with drive - through ordering or service.
Riparian Vegetation. "Riparian vegetation" means those herbaceous plants,
shrubs, and trees which are naturally associated with stream side environments, and
with roots and branches extending in or over a creek channel. (A list of riparian
vegetation is available at the Community Development Department.)
S. Definitions, "S."
School. Public and private educational institutions, including:
boarding schools
business, secretarial, and vocational schools
community colleges, colleges and universities
elementary, middle, and junior high schools
establishments providing courses by mail
high schools
military academies
professional schools (law, medicine, etc.)
seminaries /religious ministry training facilities
Also includes specialized schools offering instruction in the following:
art
ballet and other dance
computers and electronics
drama
driver education
language
music
Also includes facilities, institutions and conference centers that offer specialized
programs in personal growth and development, such as arts, environmental
awareness, communications, and management. Does not include pre - schools and
child day care centers (see " Day Care "). See also the definition of "Studios - Art,
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Dance, Music, Photography, etc." for smaller -scale facilities offering specialized
instruction.
Service Station. "Service station" means any business where motor fuel is offered
for retail sale, whether or not in conjunction with minor retail uses such as mini
markets and similar ancillary uses. "Service station" includes the sale and installation
of tires, batteries and automotive accessories; lubrications; and the testing,
adjustment and repair of motor parts, brakes, tires and accessories. It also includes
accessory sales of fuel oil, butane, propane, and liquefied petroleum gas (LPG).
Service station does not include steam cleaning, mechanical car washing, tire
recapping, body or chassis repair or painting, which are instead included under
"vehicle services;" or the sale, rental or storage of motor vehicles, trailers or other
equipment, which are included under "auto and vehicle sales /rental." Service Station
does not include separate retail or other non - related commercial uses on the same
property that have independent points of sale separated from the motor fuel point of
sale by a distance of at least 250 feet. A point of sale shall be defined as the actual
location of the transaction including, but not limited to, a cash register or automated
payment station.
Setback line. "Setback line" means an officially adopted line determining the extent
of a future street or other public right -of -way. (Ord. 941 - 1 (part), 1982: prior code -
9204.11 (part))
Shopping center. "Shopping center" means a development consisting of at least
five separate establishments with a minimum area of 50,000 square feet, a site with a
minimum of 300 feet of frontage and shared common drives and off - street parking.
(Ord. 1103 - 1 A(2),1987: Ord. 1008 - 1, 1984)
Single - Family Dwelling. A building designed for and /or occupied exclusively by one
family. Also includes factory- built, modular housing units, constructed in compliance
with the Uniform Building Code (UBC), and mobile homes /manufactured housing
units that comply with the National Manufactured Housing Construction and Safety
Standards Act of 1974, placed on permanent foundations.
Social Service Organization. A public or quasi - public establishment providing
social and /or rehabilitation services, examples of which include counseling centers,
employment agencies, job counseling and training centers, vocational rehabilitation
agencies, and welfare offices. These organizations serve the unemployed, persons
with social or personal problems, persons requiring special services, the
handicapped, or otherwise disadvantaged. Includes organizations soliciting funds to
be used directly for these and related services, and establishments engaged in
community improvement and neighborhood development. Does not include day -care
services, homeless shelters, or residential care, which are separately defined.
Specific plan. "Specific plan" means a plan for a designated area within the city,
based on the general plan, but containing more detailed regulations and programs as
provided in Section 65450 and following of the California Government Code. (Ord.
941 - 1 (part), 1982: prior code - 9204.11 (part))
Sports and Entertainment Assembly. A large -scale indoor or outdoor facility
accommodating spectator- oriented sports, concerts, and other entertainment
activities. Examples of this land use include amphitheaters, race tracks, stadiums
and coliseums. May also include commercial facilities customarily associated with
the above uses, including bars and restaurants, gift shops, video game arcades, etc.
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Sports and Active Recreation Facility. Public and private facilities for various
outdoor sports and other types of recreation, where the facilities are oriented more
toward participants than spectators. Examples include:
athletic /sport fields (e.g., baseball, football, softball, soccer)
health and athletic club outdoor facilities
skateboard parks
swimming pools
tennis and other sport courts (e.g., handball, squash)
Does not include golf courses, which are separately defined.
Storage - Accessory. The storage of materials accessory and incidental to a
primary use is not considered a land use separate from the primary use.
Storage - Personal Storage Facility. Structures containing generally small,
individual, compartmentalized stalls or lockers rented as individual storage spaces
and characterized by low parking demand.
Storage Yard. The storage of various materials outside of a structure other than
fencing, either as an accessory or principal use.
Street. "Street' means a public right -of -way providing vehicular access to abutting
property. (Ord. 941 - 1 (part), 1982: prior code - 9204.11 (part))
Structure. "Structure" means anything assembled or constructed on the ground, or
attached to anything with a foundation on the ground. (Ord. 941 - 1 (part), 1982:
prior code - 9204.11 (part))
Studio apartment. "Studio apartment' means a one -room dwelling unit with not
more than 450 square feet of gross floor area, designed for occupancy by not more
than two people. The floor area in a loft is included as part of the gross floor area
calculation. (Ord. 1085 - 1 Ex. A (part), 1987: Ord. 941 - 1 (part), 1982: prior code -
9204.11 (part)) ,
Studio - Art, Dance, Martial Arts, Music, etc. Small scale facilities, typically
accommodating one group of students at a time, in no more than one instructional
space. Larger facilities are included under the definition of "Schools - Specialized
education and training." Examples of these facilities include: individual and group
instruction and training in the arts; production rehearsal; photography, and the
processing of photographs produced only by users of the studio facilities; martial arts
training studios; gymnastics instruction, and aerobics and gymnastics studios with no
other fitness facilities or equipment.
T. Definitions, "T."
Theater. An indoor facility for public assembly and group entertainment, other than
sporting events. Examples of these facilities include:
civic theaters, and facilities for "live" theater and concerts
movie theaters
See also "Public Assembly Facility," and "Sports and Entertainment Assembly."
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Top of bank. "Top of bank" means the line where the naturally eroded ground slope,
or the slope resulting from a creek alteration, flattens to conform with the ground
which has not been cut by water flow within the creek channel. If the bank is
terraced, the top of bank is the highest step.
Truck or Freight Terminal. A transportation facility furnishing services incidental to
air, motor freight, and rail transportation. Examples of these facilities include:
delivery and courier services
freight forwarding services
freight terminal facilities
joint terminal and service facilities
overnight mail processing facilities
packing, crating, inspection and weighing services
postal service bulk mailing distribution centers
transportation arrangement services
trucking facilities, including transfer and storage
U. Definitions, "U."
Use. "Use" means the activity for which land or buildings are designed, occupied or
maintained. (Ord. 941 - 1 (part), 1982: prior code - 9204.11 (part))
Utility Infrastructure. Pipelines for water, natural gas, and sewage collection and
disposal; and facilities for the transmission of electrical energy for sale, including
transmission lines for a public utility company. Also includes telephone, telegraph,
cable television and other communications transmission facilities utilizing direct
physical conduits. Does not include offices or service centers (see "Offices -
Business and Service "), or distribution substations (see "Public Utility Facilty ").
V. Definitions, "V."
Vacation Rental. A dwelling or part of a dwelling where lodging is furnished for
compensation for fewer than thirty consecutive days. Does not include fraternities,
sororities, convents, monasteries, hostels, bed & breakfast inns, hotels, motels, or
boarding /rooming houses, which are separately defined.
Vehicle Services - Auto Repair and Service. The repair, servicing, alteration,
restoration, towing, painting, cleaning (including self - service and attended car
washes), or finishing of automobiles, trucks, recreational vehicles, boats and other
vehicles as a primary use, including the incidental wholesale and retail sale of vehicle
parts as an accessory use. This use includes the following categories.
1. Major Repair /Body Work. Repair facilities dealing with entire vehicles. These
establishments provide towing, collision repair, other body work, and painting
services; and also include tire recapping establishments.
2. Minor Maintenance /Repair. Minor facilities specialize in limited aspects of
repair and maintenance (e.g., muffler and radiator shops, quick -lube, etc.).
Does not include automobile parking (see 'Parking Facilities "), repair shops that are
part of a vehicle dealership on the same site (see "Vehicle Sales /Rental," and "Mobile
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Home, Recreational Vehicle and Boat Sales and Rental'); gas stations, which are
separately defined; or dismantling yards, which are included under "Recycling - Scrap
and Dismantling Yards."
Veterinary Clinics, Animal Hospitals, Kennels. Office and indoor medical
treatment facilities used by veterinarians, including large and small animal veterinary
clinics, and animal hospitals. Kennels and boarding operations are commercial
facilities for the keeping, boarding or maintaining of four or more dogs four months of
age or older, or four or more cats, except for dogs or cats in pet shops.
W. Definitions, "W."
Warehouse Store. A retail store that emphasizes the packaging and sale of
products in large quantities or volumes, some at discounted prices, where products
are typically displayed in their original shipping containers. Sites and buildings are
usually large and industrial in character. Patrons may be required to pay membership
fees.
Warehouses, Wholesaling and Distribution. These facilities include:
1. Warehouses. Facilities for the storage of furniture, household goods, or other
commercial goods of any nature, including moving company warehouses.
Includes cold storage, and moving companies. Does not include: warehouse,
storage or mini - storage facilities offered for rent or lease to the general public
(see "Storage, Personal Storage Facilities "); warehouse facilities in which the
primary purpose of storage is for wholesaling and distribution (see "Wholesaling
and Distribution "); or terminal facilities for handling freight (see "Truck and Freight
Terminals ").
2. Wholesaling and Distribution. Establishments engaged in selling merchandise
to retailers; to contractors, industrial, commercial, institutional, farm, or
professional business users; to other wholesalers; or acting as agents or brokers
in buying merchandise for or selling merchandise to such persons or companies.
Examples of these establishments include:
agents, merchandise or commodity brokers, and commission merchants
assemblers, buyers and associations engaged in the cooperative marketing of
farm products
merchant wholesalers
stores primarily selling electrical, plumbing, heating and air conditioning supplies
and equipment.
Also includes storage, processing, packaging, and shipping facilities for mail
order and e- commerce retail establishments.
Work /Live Unit. See "Live/Work Unit, Work /Live Unit."
Z. Definitions, "Z."
Zone (or district or zone district). "Zone" (or "district' or "zone district ") means an
area of the city delineated on the official zoning map, designated by name or
abbreviation as provided in the regulations codified in this division. (Ord. 941 - 1
(part), 1982: prior code - 9204.11 (part))
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