HomeMy WebLinkAboutO-1634 - AMENDING TITLE 17 (ZONING REGULATIONS) OF THE MUNICIPAL CODE ASSOCIATED WITH ACCESSORY DWELLING UNITS WITH A STATUTORY EXEMPTION FROM ENVIRONMENTAL REVIEW (CODE-0107-2017ORDINANCE NO. 1634 (2017 SERIES)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, AMENDING TITLE 17 (ZONING
REGULATIONS) OF THE MUNICIPAL CODE ASSOCIATED WITH
ACCESSORY DWELLING UNITS WITH A STATUTORY EXEMPTION
FROM ENVIRONMENTAL REVIEW (CODE -0107-2017)
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
February 22, 2017 (CODE -0107-2017) and recommended the City Council adopt amendments to
the City's Municipal Code related to the regulation of Accessory Dwelling Units (ADUs); and
WHEREAS, the City Council of the City of San Luis Obispo conducted a public hearing
in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo, California, on May 2,
2017, for the purpose of considering amendments to the Municipal Code related to the regulation
of ADUs (CODE -0107-2017); and
WHEREAS, the City Council finds that the proposed amendments are consistent with
Assembly Bill 2299 and Senate Bill 1069, the City's 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.
NOW THEREFORE, BE IT ORDAINED by the Council of the City of San Luis Obispo
as follows:
SECTION 1. Environmental Determination. Pursuant to Public Resources Code section
21080.17, the adoption of an ordinance to implement Government Code section 65852.2 is exempt
from the California Environmental Quality Act (CEQA). Similarly, the ministerial approval of
ADU applications would not be a "project" for CEQA purposes, and environmental review would
not be required prior to approving individual applications.
SECTION 2. Findings. Based upon all the evidence, the Council makes the following
findings:
1. The proposed amendments to the City's ADU regulations 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 proposed amendments to the City's ADU regulations are consistent with Assembly
Bill 2299 and Senate Bill 1069 and Government Code section 65952.2
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Ordinance No. 1634 (2017 Series) Page 2
3. The proposed amendments to the City's ADU regulations do not burden the development
of ADUs within the City.
SECTION 3. Chapter 17.100. "Definitions, S." (Single Family Dwelling) of the City of
San Luis Obispo's Municipal Code is hereby amended to read as follows:
Single Family Dwelling. A building designed for and/or occupied exclusively by one
family, or one of more persons occupying premises and living as a single housekeeping
unit which is not attached to or located on a lot with commercial uses. Single family
dwellings contain one dwelling on one lot. Single family dwellings may also include
approved seeendaf accessory dwelling units. Also includes factory built, modular housing
units, constructed in compliance with the Uniform, Building Code (UBC), and mobile
homes/manufactures housing units that comply with the National Manufactured Housing
Construction and Safety Standards Act of 1974, places on permanent foundations.
SECTION 4. Chapter 17.21.010 (Secondary Dwelling Units) of the City of San Luis
Obispo's Municipal Code is hereby repealed and replaced in its entirety to read as follows:
Chapter 17.21: Accessory
Sections:
17.21.010 Accessory Dwelling Units
17.21.020 Guest Quarters
17.21.030 Accessory Structures
17.21.010 Accessory Dwelling Units.
A. Purpose.
1. The purpose of this chapter is to provide for the creation of accessory dwelling units in a
manner that is consistent with requirements set forth in California Government Code
Sections 65852.2, as amended from time to time.
2. Implementation of this section is meant to expand housing opportunities by increasing the
number of smaller units available within existing neighborhoods.
B. Definitions.
For the purpose of this section, the following words and phrases have the meanings given them in
this section:
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Ordinance No. 1634 (2017 Series)
Page 3
1. "Accessory 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 section. It shall include permanent provisions for living, sleeping, eating,
cooking and sanitation on the same parcel as the primary unit. An Accessory Dwelling Unit
also includes the following:
a. An efficiency unit, as defined in Section 17958.1 of the Health and Safety Code.
b. A manufactured home, as defined in Section 18007 of the Health and Safety Code.
2. "Director" means the director of the Community Development Department or his
designate.
3. "Director's Action" means the required submittal of an Administrative Approval
Application and review by the Community Development Director.
4. "Passageway" means a pathway that is unobstructed clear to the sky and extends from a
street to one entrance of the accessory dwelling unit. Passageways are not required for
detached accessory dwelling units.
5. "Primary unit" means the existing single-family residential structure on the site.
C. General Requirements.
1. Application. Where this section does not contain a particular type of standard or procedure,
conventional zoning standards and procedures shall apply.
2. Areas Where Accessory Dwelling Units Are Allowed. Upon meeting the requirements
of this section, accessory 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.
3. Areas Prohibited. Accessory 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.
4. No Subdivision of Property. No subdivision of property shall be allowed where an
accessory dwelling unit has been established unless the subdivision meets all requirements
of zoning and subdivision regulations.
5. Sale of Property. This section shall also apply to new owners of property where an
accessory dwelling unit has been established. All conditions of Director's Action (if
applicable), restrictive covenants, and other contractual agreements with the city shall
apply to the property and the new owners.
6. Unit Types Allowed. An accessory dwelling unit may be either attached or detached from
the primary single family dwelling on the lot.
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Ordinance No. 1634 (2017 Series)
Page 4
a. An attached accessory dwelling unit shall be defined as either attached to (by a
minimum of one shared wall), or completely contained within, the primary existing
space of the single family dwelling unit or existing accessory structure.
b. A detached accessory dwelling unit shall be defined as new residential square
footage not attached or sharing any walls with the primary existing single family
dwelling unit.
7. Size of Accessory Dwelling Unit. The gross floor area of an accessory dwelling unit shall
be no less than an efficiency unit, and shall not exceed the lesser of fifty percent (50%) of
the primary unit's existing living area or eight hundred (800) square feet. The Director may
authorize an exception to this standard up to 1,200 square feet by a Director's Action,
defined above.
8. Accessory dwelling units are limited to one (1) unit per property.
D. Performance Standards and Compatibility.
I . Design Standards. Accessory dwelling units shall conform to all applicable development
standards included in the underlying zone such as height, yards, parking, building
coverage, etc. An accessory dwelling unit that conforms to this chapter shall not be
considered to exceed the allowable density for the lot upon which it is located, and shall be
deemed to be a residential use that is consistent with the existing general plan and zoning
designations for the lot.
a. Accessory dwelling units shall conform to all applicable building and construction
codes.
b. No passageway, defined above, shall be required in conjunction with the
construction of a detached accessory dwelling unit.
c. No setback shall be required for an existing garage that is converted to an accessory
dwelling unit, and a setback of no more than five feet from the side and rear lot
lines shall be required for an accessory dwelling unit that is constructed above a
garage.
d. Accessory dwelling units shall not be required to provide fire sprinklers if fire
sprinklers are not required for the primary residence.
e. No additional parking spaces shall be required for an accessory dwelling unit.
i. Replacement of Required Parking for Primary Unit: When a garage, carport,
or covered parking structure is demolished or converted in conjunction with
the construction of an accessory dwelling unit, replacement parking spaces
may be located in any configuration on the same lot as the accessory
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Ordinance No. 1634 (2017 Series)
Page 5
dwelling unit, including but not limited to covered spaces, uncovered
spaces, or tandem spaces.
Accessory dwelling units on listed historic properties and in historic districts shall
be found consistent with the Historic Preservation Ordinance including Historic
Preservation Guidelines and Secretary of Interior Standards for the Treatment of
Historic Properties.
g. Where ADUs are being created within an existing structure (primary or accessory),
no new utility connection or payment of impact fees shall be required. For all other
ADUs, a new utility connection for the ADU and payment of impact fees shall be
required.
2. Architectural Compatibility. Accessory dwelling units should be architecturally and
functionally compatible with the primary residence. The accessory dwelling unit shall
comply with the following design standards:
a. Architectural Style and Form. Architectural style and form shall match or be
compatible with the style and form of the primary residence on the property.
b. Materials. The materials of the accessory dwelling unit shall match or be
compatible with the materials of the primary residence on the property.
Compliance with these design standards shall be reviewed ministerially and be performed
during the building permit application process.
E. Procedure requirements.
An accessory dwelling unit that meets the standards contained in Section 17.21.010 shall be subject
to ministerial review (Building Permit) and approval without discretionary review (i.e. Use Permit,
Architectural Review, etc.) or public hearing. All applications shall be permitted within 120 days
of submission of a complete application which complies with all applicable requirements and
development standards as set forth in this Chapter.
Any application for an accessory dwelling that exceeds the lesser of fifty percent (50%) of the
primary unit's existing living area or eight hundred (800) square feet may apply for a Director's
Action, defined above, in which the Community Development Director may authorize an
exception to that standard.
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Ordinance No. 1634 (2017 Series)
F. Owner -Occupancy.
Page 6
The owner of the property must occupy either the primary residence or the accessory dwelling
unit. The Director may waive this requirement in one (1) year increments, not to exceed a total of
five consecutive years, based on a showing of a hardship. A hardship shall include, but not be
limited to, inheritance of property with an accessory dwelling unit.
G. Covenant Agreement
Prior to the issuance of building permits for an accessory dwelling unit, a covenant agreement shall
be recorded which discloses the structure's approved floor plan and status as a "accessory dwelling
unit" and agreeing that the property will be owner -occupied. This agreement shall be recorded in
the office of the County Recorder to provide constructive notice to all future owners of the
property.
H. Violations.
Violation of any of the provisions shall be subject to basic code enforcement action as provided in
Title 1 of this code.
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Ordinance No. 1634 (2017 Series)
Page 7
SECTION 5. Chapter 17.22: Use Regulation. Table 9 (Uses Allowed by Zone).
Residential Uses land uses of the City of San Luis Obispo's Municipal Code is hereby repealed
and replaced in its entirety to read as follows:
city or son LUIS OWSPO
zonm.; t:e,rItl mons
TART C Q _ IICFC At I r)W l RV 7471KIF _ f'_nntinry2d
m.Wdl 2011
Land Use
Permit Requirement by Zoning District
Specific use
Regulations
AG CfOS R1 R2 RS R4 PF D ill C -N C -C C -D C-R C -T CS M BP
11--l-1-1.....'', ccuaor --cc
Club, lodge, private meeting hall
D
D
A
PC
D
ASD
D
I D
I D
Commercial recreation facility - Indoor
Chapter 1720
Caretaker quarters
PC
A
A
D
D
D
I D
D( 121
PC D
17.08.060
Commercial recreation facility - Outdoor
A
A D
PC
Convents and monasteries
PC
I
I PC
Educational conferences
D
D
Fraternity, sorority
D
1)
1
PC
17.1130 ).0 6
Fitness1health facility
D
A
D
D
PC
I A
A D
D
',off Cause
PC
Home occupation
H
H
Library, museum
H
H
PC
H
D
D
D
D
H
H
17.08.090
iivetwoik units
Lrlmsry, branch facility
D
D
D
D
A
A
A
Nightclub
Mixed-use prgme t
D
D
D
D
D
D
Chapter 17 95
Park,play9rcund D
D A A A
A
D
D
.A
A
A
A
A
A
A
Public assembly facility
PC
Mobile home park
D
D
D
D
PC
A
Relk*usfacilfy
PC D D-
D
D
A
D
D
D
A
D{7? Df71 D(7)
Sc - o3 rng 3 00 rrni ry, ml
secondary
PC
PC
A
D
D
Residential care facilities - 6 or fewer residents
I
School - Callege, university campus
A
A
PC
A
A
A [)
AID
AAD
D
School - College, university - 5atefLte classroom
facility
A
A
A
A
A
D
AAD
AiD
D
School - E.lememmy, middle. secondary
PC PC D
D
PC
PC
PC
D
PC PC
I
D
School - Specialized educatiorm1raining
PC
AID
AAD
A
A
A
A
Special event
AID
D
D
D
D
D
D
D
D
D
D
1708-010
Sports and active recreation facility
D
PC
PC
PC
PC
A
Sports and entertainment asseniby facility
A
A
PC
Chapter 17.21
Worldive units
PC
Studio - Art, dance, martial arts, music, etc.
D
D
AID
AID
A
PC
A
17.08.120
Theater
PC(8)
D
D
D
D
Chapter 17 95
Theater - Drive-in
I
PC
PC
yBoarding/rooming house, dormitory
PC
D
D
D
Chapter 1720
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
ligh occupancy residential use
D
D
Home occupation
H
H
H
H
H
H
H
H H
H
H
H
H
H
17.08.090
iivetwoik units
A
A
A
A
A
17.08,120
Mixed-use prgme t
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
I
A
A
A
A
A
A
A [)
AID
AAD
D
Residential care facilities - 7 or more residents
A
A
A
A
A
D
AAD
AiD
D
Residential hospice facility
PC
PC
D
PC PC
I
D
Rest home
A
A
A
A
A
D
?D
AID
D
Sirngle-family dwellings
A
A
Aft)
A
A
A
A
D
D
Accessory dwelling units
A
A
A
A
A
Chapter 17.21
Worldive units
D
D
17.08.120
Key: A = Allowed U = Ulrectors Use F'ennn approval Fequrreo 11 = rlamllny —rnu —i vac rrnnm uyNivrm �cyunw
AJD = Directors approval on ground floor, allowed an second Maar or above H =Home Occupation Permit required
Note: Footnotes affecting specific land uses follow the table
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Ordinance No. 1634 (2017 Series) Page 8
SECTION 6. Severability. If any subdivision, paragraph, sentence, clause, or phrase of
this ordinance is, for any reason, held to be invalid or unenforceable by a court of competent
jurisdiction, such invalidity or unenforceability shall not affect the validity or enforcement of the
remaining portions of this ordinance, or any other provisions of the city's rules and regulations. It
is the city' s express intent that each remaining portion would have been adopted irrespective of
the fact that any one or more subdivisions, paragraphs, sentences, clauses, or phrases be declared
invalid or unenforceable.
SECTION 7. A summary of this ordinance, approved by the City Attorney, together with
the ayes and noes shall be published at least five days prior to its final passage in the Tribune, a
newspaper published and circulated in said City, and the same shall go into effect at the expiration
of 30 days after its final passage. A copy of the full text of this ordinance shall be on file in the
Office of the City Clerk on and after the date following introduction and passage to print and shall
be available to any member of the public.
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Ordinance No. 1634 (2017 Series)
Page 9
INTRODUCED on the 2nd day of May, 2017, AND FINALLY ADOPTED by the
Council of the City of San Luis Obispo on the 6th day of June, 2017, on the following vote:
AYES
NOES:
ABSENT:
ATTEST:
Council Members Christianson, Gomez and Pease,
Vice Mayor Rivoire and Mayor Harmon
None
None
�A6A�A6jhl!�L'
Carrie Gallagher
City Clerk
VED AS T M:
C 'stine Dietrick
City Attorney
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City
of San Luis Obispo, California, this tgi4l day of
��� I V
Carrie Gallagher
City Clerk
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