HomeMy WebLinkAboutItem 3 - GENP-0327-2017 (Zoning Regulations Update) Articles 2 & 4
MEMORANDUM
DATE: February 28, 2018
TO: Planning Commission
BY: Kyle Bell, Associate Planner
FROM: Doug Davidson, Deputy Director DD
SUBJECT: Zoning Regulations Update – Early review of Article 1 (Zones, Allowable Uses,
and Development and Design Standards), Article 4 (Regulations for Specific Land
Uses and Activities, and the White Paper on Flexible Densities in Downtown.
The Zoning Regulations Outline has been provided for reference as Attachment 1, these pre-draft
Articles have been provided for an early review by the Planning Commission as these documents
are still under review by staff to provide direction to MIG in preparation toward the public draft.
All changes are driven from the General Plan policies and programs originally identified in the
project scope. Comments will be provided to the consultant team to address in the draft document.
Discussion and review of the pre-draft articles is intended to provide the Commission with the
opportunity to;
• Become familiar with the re-organization
• Highlight areas of concern
• Request additional information or clarity on specific sections
• Discuss implementation of the General Plan (Attachment 2)
Article 2 – Zones, Allowable Uses, and Development and Design Standards
Refer to the Outline in Attachment 1 to identify which sections are new, and which sections have
been amended. The following highlights will be presented and discussed at the meeting, are
identified below;
a. New Tables to summarize Development Standards per Zone, direction required on the
following items;
o Inclusion of lot dimensions as part of these tables
o Building height in the Office zone (Administrative Use Permit)
o Density in the C-D, C-N & Office zones (Housing Element 6.271)
o Development Standards for the BP zone
1 Housing Element Program 6.27. Evaluate and consider increasing the residential density allowed in the
Neighborhood-Commercial (CN), Office (O) and Downtown Commercial (CD) zoning districts. The City will
evaluate allowing up to 24 units per acre in the CN and O zones, and up to 72 un its per acre in the CD zone, twice
the current density allowed in these areas.
GENP-0327-2017
Memorandum: Zoning Regulations Update
Page 2
b. Direction on Draft Downtown (D) Overlay in consideration of incorporating Downtown
Development Standards extended beyond the C-D zone along Upper Monterey, with a
Planning Commission Use Permit. The implementation of this Overlay on specific
properties would require rezoning (not part of the current project scope).
c. Direction on Draft Specific Considerations (S) Overlay in consideration of new categories
and required findings for specific sensitive concerns. All existing Ordinances would remain
in place, required findings are intended to address specific properties based on intent of
each independent Ordinance. The implementation of this Overlay on specific properties
would require rezoning as a follow-up to the Zoning Regulations Update. A new S Overlay
on North Broad Street (previously authorized by both the Planning Commission and City
Council as part of the Bressi property subdivision) and updating Ordinance 1130 are a part
of the current Update
d. AOZ Overlay – Under review with the County Airport Planning Staff
Article 4 – Regulations for Specific Land Uses and Activities
Refer to the Outline in Attachment 1 to identify which sections are new, and which sections have
been amended. The following highlights will be presented and discussed at the meeting, are
identified below;
a. Awaiting policy direction from the City Council on;
o Consideration of flexible density downtown (see White Paper section)
o Removing Barriers to Construction of Accessory Dwelling Units
o Adequacy of City’s Alcohol Outlet Regulations
o Recreational Vehicles
b. New regulation sections for;
o Animal Boarding and Kennels
o Food Trucks
o Recycling Facilities
c. Consideration for new sections to be relocated into Article 4 (‘italics’ indicate the current
location of standards);
o Commercial Recreation – Article 2
▪ Potential to address Electronic Game Amusement Centers
o General Market (C-N zone) – Article 2
o General Retail (C-N zone) – Article 2
o Group Housing – Article 8
o High Occupancy Residential Use – Article 8
o Mixed Use Development – Article 3
o Office Uses – Article 2
o Schools – Article 2
d. Consideration of revising Home Occupation regulations to incorporate live/work
definition.
GENP-0327-2017
Memorandum: Zoning Regulations Update
Page 3
White Paper: Flexible Density Downtown
California is amid a housing crisis. Communities throughout the State are challenged with
accommodating their fair share of housing production, many of which are exploring innovative
solutions to that challenge. The City of San Luis Obispo has a pivotal opportunity through its
Zoning Regulations Update to increase the amount of housing in Downtown consistent with its
land use policy objectives. The purpose of this paper is to describe options for providing greater
flexibility in development standards to encourage increased housing density in Downtown. This
paper begins by outlining key policies in the 2035 General Plan that lay the foundation for flexible
densities in Downtown. Next, it describes several options for increasing density and land use
flexibility, including examples from other municipalities. The paper concludes with
recommendations for the City to consider during the Zoning Regulations Update.
The White Paper lays a good foundation for the density-focused discussion scheduled for the
Planning Commission on March 14th.
ATTACHMENTS
1. Zoning Regulations Update Outline
2. LUCE Policies identified for implementation
3. Article 2 – Zones, Allowable Uses, and Development and Design Standards
4. Article 4 – Regulations for Specific Land Uses and Activities
5. For Reference: Table 9 (Uses Allowed Per Zone)
6. For Reference: Land Use Classifications
7. White Paper – Flexible Density
October 23, 2017
TO: Doug Davidson, Deputy Director of Community Development, Development Review
Kyle Bell, Associate Planner
City of San Luis Obispo
FROM: MIG Consultant Team
RE: Final Updated Zoning Regulations Outline
Below we present the outline for the reorganization of Title 17 (Zoning Regulations) of the San Luis
Obispo Municipal Code. This builds on the August 4, 2017 outline memo by incorporating revisions from
the public and Planning Commission at the September 13, 2017 Planning Commission study session ,
plus staff’s comments from September 14, 2017.
As we noted previously, this outline serves as a guide to the reorganization . Once we have reorganized,
we will use track changes to show amendments to regulations.
Article 1: Enactment, Applicability, and Enforcement
New (and Notes) Existing (and Notes)
CHAPTER 17.02. PURPOSE AND APPLICABILITY OF THE ZONING REGULATIONS
17.020.010 – Title 17.020.010 – Title
17.020.020 – Purpose and Authority 17.020.020 – Purpose
17.020.030 – General Requirements 17.020.030 – General Requirements
17.020.040– Relationship to Prior Ordinances and
Other Codes
New
17.020.050 – General Plan Consistency –
Regulations Interpretation and Application
17.020.050 – General Plan Consistency –
Regulations Interpretation and Application
17.02.060 – Relationship to California
Environmental Quality Act
Explains how processes are affected by CEQA
review.
New
17.02.070 – Relationship to Design Guidelines New
17.02.080 – Relationship to Specific Plans New
17.02.090 – Prior Rights and Violations New
17.02.100 – Limitations on Use New
17.02.110 – Severability, Partial Invalidation of the
Zoning Regulations
New
Attachment 1
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Article 1: Enactment, Applicability, and Enforcement
New (and Notes) Existing (and Notes)
17.02.120 - Enforcement Chapter 17.72: Enforcement
CHAPTER 17.04. INTERPRETATION OF THE ZONING REGULATIONS
17.04.010 – Rules of Interpretation 17.020.040 - Interpretations
17.04.020 – Procedures for Interpretation 17.020.040 - Interpretations
17.04.030 – Uses Not Classified
This provides greater clarity on how the Director
deals with unclassified uses and formalizes a
process for recording interpretations.
New
17.04.050 – Text Takes Precedence over Graphics New
CHAPTER 17.06. ZONES ESTABLISHED AND ZONING MAP
17.06.010 – Purpose New
17.06.020 – Designation of Zones 17.060.010 – Designation of Zones
17.06.030 – Official Zoning Map 17.06.020 – Areas within the City to Be
Designated within a Zone District – Zoning Map
to be Part of these Regulations
17.06.040 – Uncertainty of Boundaries New
17.06.050 – Classification of Annexed Lands and
Unclassified Property 17.70.050 – Annexation and Prezoning
Article 2: Zones, Allowable Uses, and Development and Design Standards
New (and Notes) Existing (and Notes)
CHAPTER 17.10. USE REGULATIONS
17.10.010 – Use Regulations
This section will include current Table 9 (which may
have a new number).
Will include provisions for prohibited uses in current
17.22, elsewhere in the Zoning Regulations, and as
directed by City staff
Regarding the current Table 9 notes, we will look to
relocate the notes to the chapters addressing
specific zones and we will include a cross reference
in the “Specific Use Regulations” in Table 9.
17.22 Use Regulation (Table 9 and introductory
text)
17.08.070 – Mineral Extraction
Chapter 17.92: Onshore Support Facilities
CHAPTER 17.12. AGRICULTURAL (AG) ZONE
17.12.010 – Purpose and Application 17.33.010 – Purpose and Application
17.12.020 – Development Standards 17.33.020 – Property Development Standards
CHAPTER 17.14. CONSERVATION/OPEN SPACE (C/OS) ZONE
17.14.010 – Purpose and Application 17.32.010 – Purpose and Application
17.14.020 – Development Standards 17.32.020 – Property Development Standards
CHAPTER 17.16. LOW-DENSITY RESIDENTIAL (R-1) ZONE
17.16.010 – Purpose and Application 17.24.010 – Purpose and Application
17.16.020 – Development Standards 17.24.020 – Property Development Standards
17.16.040 – Recreational Vehicle Parking
17.16.050 – Manufactured Housing
17.16.060 – Guest Quarters 17.21.020 – Guest Quarters
17.16.070 – Accessory Dwelling Units 17.21.010 – Accessory Dwelling Units
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Article 2: Zones, Allowable Uses, and Development and Design Standards
New (and Notes) Existing (and Notes)
CHAPTER 17.18. MEDIUM-DENSITY RESIDENTIAL (R-2) ZONE
17.18.010 – Purpose and Application 17.26.010 – Purpose and Application
17.18.020 – Development Standards 17.26.020 – Property Development Standards
17.18.030 – Recreational Vehicle Parking
CHAPTER 17.20. MEDIUM-HIGH DENSITY RESIDENTIAL (R-3) ZONE
17.20.010 – Purpose and Application 17.28.010 – Purpose and Application
17.20.020 – Development Standards 17.28.020 – Property Development Standards
17.20.030 – Recreational Vehicle Parking
CHAPTER 17.22. HIGH-DENSITY RESIDENTIAL (R-4) ZONE
17.22.010 – Purpose and Application 17.30.010 – Purpose and Application
17.22.020 – Development Standards 17.30.020 – Property Development Standards
17.22.030 – Recreational Vehicle Parking
CHAPTER 17.24. OFFICE (O) ZONE
17.24.010 – Purpose and Application 17.34.010 – Purpose and Application
17.24.020 – Development Standards 17.34.020 – Property Development Standards
CHAPTER 17.26. COMMERCIAL-NEIGHBORHOOD (C-N) ZONE
17.26.010 – Purpose and Application 17.38.010 – Purpose and Application
17.26.020 – Development Standards 17.38.020 – Property Development Standards
CHAPTER 17.28. COMMERCIAL-RETAIL (C-R) ZONE
17.28.010 – Purpose and Application 17.40.010 – Purpose and Application
17.28.020 – Development Standards 17.40.020 – Property Development Standards
CHAPTER 17.30. COMMERCIAL-COMMUNITY (C-C) ZONE
17.30.010 – Purpose and Application 17.41.010 – Purpose and Application
17.30.020 – Development Standards 17.41.020 – Property Development Standards
CHAPTER 17.32. COMMERCIAL-DOWNTOWN (C-D) ZONE
17.32.010 – Purpose and Application 17.42.010 – Purpose and Application
17.32.020 – Development Standards 17.42.020 – Property Development Standards
CHAPTER 17.34. COMMERCIAL-TOURIST (C-T) ZONE
17.34.010 – Purpose and Application 17.44.010 – Purpose and Application
17.34.020 – Development Standards 17.44.020 – Property Development Standards
CHAPTER 17.36. COMMERCIAL-SERVICE (C-S) ZONE
17.36.010 – Purpose and Application 17.46.010 – Purpose and Application
17.36.020 – Development Standards 17.46.020 – Property Development Standards
CHAPTER 17.40. MANUFACTURING (M) ZONE
17.40.010 – Purpose and Application 17.48.010 – Purpose and Application
17.40.020 – Development Standards 17.48.020 – Property Development Standards
CHAPTER 17.42. BUSINESS PARK (BP) ZONE
17.42.010 – Purpose and Application 17.49.010 – Purpose and Application
17.42.020 – Development Standards 17.49.020 – Property Development Standards
CHAPTER 17.46. PUBLIC FACILITY (PF) ZONE
17.46.010 – Purpose and Application 17.36.010 – Purpose and Application
17.46.020 – Development Standards 17.36.020 – Property Development Standards
17.46.030 – Public School Tenant Uses 17.36.030 – Public School Tenant Uses
CHAPTER 17.52. PLANNED DEVELOPMENT (PD) OVERLAY ZONE
17.52.010 – Purpose 17.50.010 – Purpose
17.52.020 – Applicability 17.50.020 – Application and Procedure
17.52.030 – Preliminary Development Plan 17.62.010 – Preliminary Development Plan
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Article 2: Zones, Allowable Uses, and Development and Design Standards
New (and Notes) Existing (and Notes)
Required
17.52.040 – Process for Approval 17.62.020 – Actions of the Planning Commission
17.62.030 – Actions of the Council
17.62.040 – Required Findings
17.62.045 – Decision and Findings
17.52.050 – Final Development Plan 17.62.060 – Final Development Plan
17.62.050 – Requirement for Development Plan
17.52.060 – Phasing 17.62.070 – Phasing
17.52.070 – Amendment to Final Development Plan 17.62.080 – Amendment of Final Development
Plan
17.52.080 – Revocation of PD Zoning 17.62.090 – Revocation of PD Zoning
CHAPTER 17.54. SPECIFIC PLAN (SP) OVERLAY ZONE
17.54.010 – Purpose and Application 17.52.010 – Purpose and Application
17.54.020 – Allowed Uses 17.52.020 – Allowed Uses
17.54.030 – Development Standards 17.52.030 – Development Standards
CHAPTER 17.56. SPECIAL FOCUS AREA (S-F) OVERLAY ZONE
17.56.010 – Purpose and Application 17.53.010 – Purpose and Application
17.56.020 – Allowed Uses 17.53.020 – Allowed Uses and Development
Standards
17.56.030 - Development Standards 17.53.020 – Allowed Uses and Development
Standards
17.56.040 – Subsequent Amendments 17.53.030 – Subsequent Amendments
CHAPTER 17.58. HISTORICAL PRESERVATION (H) OVERLAY ZONE
17.58.010 – Purpose and Application 17.54.010 – Purpose and Application
17.58.020 – Allowed Uses 17.54.020 – Allowed Uses
17.56.030 – Development Standards 17.54.030 – Development Standards
CHAPTER 17.60. MIXED USE (MU) OVERLAY ZONE
17.60.010 – Purpose 17.55.010 – Purpose
17.60.020 – Application and Procedure 17.55.020 – Application and Procedure
17.60.030 – Development and Design Standards
We propose to consolidate the MU provisions
throughout Title 17 into this chapter to make them
easier to use. Also, provisions beyond the current
regulations will be included to address LUCE policy
and to reflect elimination of the current live/work and
work/live provisions.
17.55.030 – Development Standards
17.08.072 – Mixed Use Projects
B. Mix of Uses
C. Maximum Density
D. Site Layout and Project Design Standards
17.60.040 – Design Considerations 17.087.072.A – Mixed Use Projects: Design
Considerations
17.60.050 – Performance Standards 17.087.072.E – Mixed Use Projects:
Performance Standards
17.60.060 – Requirements for Use Permit Projects 17.087.072.F – Mixed Use Projects:
Requirements for Use Permit Projects
CHAPTER 17.62. SPECIAL CONSIDERATION (S) OVERLAY ZONE
17.62.010 – Purpose and Application 17.56.010 – Purpose and Application
17.62.020 – Allowed Uses 17.56.020 – Allowed Uses
17.62.030 – Development Standards 17.56.030 – Development Standards
17.62.040 – Waiver of Use Permit Requirement with
Subdivision Map
17.56.040 – Waiver of Use Permit Requirement
with Subdivision Map
CHAPTER 17.64. AIRPORT (AOZ) OVERLAY ZONE
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Article 2: Zones, Allowable Uses, and Development and Design Standards
New (and Notes) Existing (and Notes)
17.64.010 – Purpose 17.57.010 – Purpose and Intent
17.64.020 – Applicability 17.57.020 – Applicability
17.57.050 – Airport Overlay Zone
17.64.030 – Allowed Uses 17.57.040 – Development Standards and Uses
and Table 10
17.64.040 – Development Standards 17.57.040 – Development Standards and Uses
17.64.050 – Procedures for Establishing Uses within
the AOZ
17.57.030 – Procedures
17.64.060 – Airspace Protection 17.57.060 – Airspace Protection
17.64.070 – Noise Compatibility Standards 17.57.070 – Noise
17.64.080 – Overflight Notice 17.57.080 – Overflight Notice
17.64.090 – Designated Clear Areas 17.57.090 – Open Land
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Article 3: Regulations and Standards Applicable to All Zones
New (and Notes) Existing (and Notes)
CHAPTER 17.XX. SITE DEVELOPMENT AND GENERAL DEVELOPMENT STANDARDS
▪ Permitted Projections into Required Setback
Areas
▪ Vision Clearance Triangle at Intersections
▪ Height Measurement and Exceptions
Regarding the remaining provisions below: Each will
be a separate chapter. W e have not listed the
detailed regulations for each topic.
New
17.16.020.D – What May Occupy Yards
17.16.020.E.2.f – Intersection Visibility
17.16.040 Height
Applicability of Other Provisions in the Zoning
Regulations
17.17.020 - Applicability of Other Provisions
17.16.005 - Applicability of Other Provisions
Accessory Structures in Residential Zones 17.21.030 – Accessory Structures
Building Setback Lines Chapter 17.74: Building Setback Lines (Plan
Line)
Coverage 17.16.030 – Coverage
Creek Setbacks 17.16.025 – Creek Setbacks
Density 17.16.010 – Density
Fences, Walls, and Hedges 17.16.050 – Fences, Walls, and Hedges=
Flood Damage Prevention Chapter 17.84: Flood Damage Prevention
Regulations
Night Sky Preservation Chapter 17.23: Night Sky Preservation
Outdoor Sales and Storage 17.16.090 – Screening of Outdoor Sales and
Storage
Parking and Loading 17.16.060 – Parking Space Requirements and
Table 6
17.16.070 – Parking and Driveway Design and
Exceptions
Performance Standards
A. Applicability
B. Air Contaminants
C. Discharges to Water or Public Sewer
System
D. Energy Conservation
E. Hazardous Materials
F. Heat and Cold
G. Illumination
H. Noise
I. Solid Waste
J. Vibration
Chapter 17.18: Performance Standards
New: Applicability (same as 17.18.090 – General
and Special Conditions), Hazardous Materials,
Cold
Property Maintenance Standards Chapter 17.17: Property Maintenance Standards
Public Art Requirements for Private Development
Definitions could be kept in this section or moved to
Definitions chapter.
Chapter 17.98: Public Art Requirements for
Private Development
Street Right-of-Way Dedication and Improvement Chapter 17.76: Street Right-of-Way Dedication
and Improvement
Water-Efficient Landscape Standards
We recommend keeping these definitions specific to
Chapter 17.87: Water Efficient Landscape
Standards
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Article 3: Regulations and Standards Applicable to All Zones
New (and Notes) Existing (and Notes)
this chapter here rather than place them in the
Definitions chapter.
Yards 17.16.020 – Yards (except D. and E.2.f)
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This is the place to consider adding any other uses for which the City has routine conditions it may wish
to codify. Also, each land use topic will be a separate chapter; we have not listed the detailed regulations
for each topic in this outline.
Article 4: Regulations for Specific Land Uses and Activities
New (and Notes) Existing (and Notes)
Adult Entertainment Businesses
We recommend keeping these definitions specific to
this chapter here rather than place them in the
Definitions chapter.
Chapter 17.95: Adult Entertainment Businesses
Alcoholic Beverage Sales - Deemed Approved
Regulations
17.11: Deemed Approved Alcoholic Beverage
Sales Regulations
Alcoholic Beverages and Motor Fuel – Concurrent
Sales
17.08.040 - Concurrent Sales of Motor Fuel and
Alcoholic Beverages
Bed and Breakfast Establishments Chapter 17.19: Bed and Breakfast
Establishments
Convenience Stores 17.08.095 – Convenience Stores
Day Care – Large Family (Seven to 14 children) 17.08.100 – Child and Adult Day Care
Day Care – Small Family (Eight or fewer children) 17.08.100 – Child and Adult Day Care
Day Care Centers – Adult and Children 17.08.100 – Child and Adult Day Care
Electronic Game Amusement Centers 17.08.060 – Electronic Game Amusement
Centers
Home Occupations 17.08.090 – Home Occupation
Homeless Shelters 17.08.110 – Homeless Shelters
Homestay Rentals 17.08.140 – Homestay Rentals
Outdoor Sales on Commercial and Residential Lots 17.08.020 - Outdoor Sales on Commercial and
Residential Lots
Pools and Pool Equipment - Location 17.08.120 – Location of Pool and Pool
Equipment
Public Utilities 17.08.080 – Public Utilities
Recreational Vehicle as Dwelling Unit—Limitations 17.16.015 – Recreational Vehicle as Dwelling
Unit
Religious Assembly Uses in Residential Zones
Suggest to include performance standards to
minimize conflicts in residential neighborhoods
New
Safe Parking 17.08.115 – Safe Parking
Satellite Dish Antenna 17.16.110 – Satellite Dish Antenna
Service Stations 17.08.030 – Service Stations
Temporary and Intermittent Uses 17.08.010 – Temporary and Intermittent Uses
Vending Machines 17.08.050 – Vending Machines
Wireless Telecommunications Facilities 17.16.120 – Wireless Telecommunications
Facilities
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Article 5: Nonconformities
New (and Notes) Existing (and Notes)
CHAPTER XX: NONCONFORMING STRUCTURES
Intent 17.14.010 - Intent
Regulations 17.14.020 – Regulations
17.16.035 – Size limits on large-scale retail
establishments
CHAPTER XX: NONCONFORMING USES
Intent 17.10.010 - Intent
Regulations 17.10.020 - Regulations
CHAPTER XX: NONCONFORMING LOTS
Intent 17.12.010 - Intent
Regulations 17.12.020 - Regulations
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This is the place to consider adding any other permitting or administrative provisions that would benefit
from codification. For example, should the Design Review Process be included here? Does the City have
a Zoning Clearance process? Administrative Adjustments?
Article 6: Permit Procedures
New (and Notes) Existing (and Notes)
CHAPTER XX: GENERAL PROVISIONS
Purpose and Intent New
Discretionary Permits and Action
This will include a chart showing the various permits
and responsible review/hearing bodies.
New
Exemptions from Permit Requirements New
Additional Permits May Be Required New
Burden of Proof and Precedence New
CHAPTER XX: PERMIT APPLICATION FILING AND PROCESSING
Purpose
This new chapter consolidates common provisions
from each of the chapters that address how to file
applications and how staff goes about reviewing
applications before sending them to the responsible
review/acting authority.
New
Authority for Land Use and Zoning Decisions New
Multiple Permit Applications New
Application Preparation and Filing 17.58.020 – Application Form
Application Fees Chapter 17.68: Fees
Applicant Indemnification New
Initial Application Review New
Project Evaluation and Staff Reports New
Environmental Review New
Reapplication for Denied Permit Application Chapter 17.64: Repeat Applications
Inactive Applications Chapter 17.65: Inactive Applications
CHAPTER XX: ADMINISTRATIVE AND PLANNING COMMISSION USE PERMITS
Purpose and Intent 17.58.010 – Purpose and Intent
Procedure – Administrative Use Permit 17.58.030 - Procedures
Procedure – Planning Commission Use Permit 17.58.030 - Procedures
Conditions of Approval 17.58.050 – Conditions of Approval
Criteria for Approval 17.58.060 – Criteria for Approval
Required Findings 17.58.040 - Findings
Requirement for and Compliance with Use Permits 17.58.070 - Requirement for and Compliance
with Use Permits
Modification of Use Permit New
Permit to Run with the Land New – This states State law.
CHAPTER XX: REASONABLE ACCOMMODATION
Purpose and Intent 17.61.010 – Purpose and Intent
Requests for Reasonable Accommodation 17.61.040 - Requests for Reasonable
Accommodation
Application Requirements 17.61.050 – Application Requirements
Review Authority 17.61.030 – Review Authority
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Article 6: Permit Procedures
New (and Notes) Existing (and Notes)
Conditions of Approval 17.61.080 – Conditions of Approval
Required Findings 17.61.060 - Required Findings
Occupancy Requirement 17.61.070 – Performance Standard
Modification of Use Permit New
Permit to Run with the Land New – This states State law.
Appeals 17.61.090 Appeals
CHAPTER XX: VARIANCES
Purpose and Intent 17.60.010 – Purpose and Intent
17.60.020 – Scope
Procedure 17.60.030 - Procedure
Burden of Proof New
Required Findings 17.60.040 - Findings
Expiration 17.60.050 - Expiration
Modification of Use Permit New
Permit to Run with the Land
This states State law.
New
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Article 7: Administration of Zoning Regulations
New (and Notes) Existing (and Notes)
CHAPTER XX: ADMINISTRATIVE RESPONSIBILITY
Purpose
This is a new chapter that sets forth the
responsibilities of the review authorities.
New
Community Development Director
Planning Commission
Architectural Review Commission Cross reference to Chapter 2.48
City Council
CHAPTER XX: AMENDMENTS - ZONING REGULATIONS AND ZONING MAP
Scope 17.70.010 – Scope
Authority to Initiate an Amendment 17.70.020 – Initiation
Processing, Notice, and Hearings 17.70.030 – Planning Commission Action
17.70.040 – Council Action
CHAPTER XX: GENERAL PLAN AMENDMENTS
Purpose 17.80.010 – Title
17.80.020 – Amendments to be made in manner
provided in this chapter
17.80.030 – Purpose
Authority to Initiate an Amendment 17.80.040 – Initiation of Amendments -
Applications
Schedule for and Coordination of Amendments 17.80.050 – Schedule for Amendments
17.80.080 – Coordination of Amendments
Processing, Notice, and Hearings 17.80.060 – Planning Commission Action
17.80.070 – Council Action
CHAPTER XX: APPEALS
Standing to Appeal 17.66.010 – Standing to Appeal
Time to File Appeal 17.66.020 – Time Limits
Content of Appeal Filing 17.66.040 – Content of Appeals
Course of Appeals 17.66.030 – Course of Appeals
Hearings and Notice 17.66.050 – Hearings and Notice
CHAPTER XX: PUBLIC NOTICES AND HEARINGS
Purpose
This chapter consolidates all similar requirements
throughout Title 17 regulating how hearings are
noticed, scheduled, and conducted.
Notice of Hearing
Scheduling of Hearing
Hearing Procedure
Recommendation by Planning Commission
Recommendation by Architectural Review
Commission
New
Cross reference to Chapter 2.48.
Coordination of Multiple Appeals on Single
Application
This is the new process we have discussed to bring
forward to the City Council, as one packet, appeals
New
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Article 7: Administration of Zoning Regulations
New (and Notes) Existing (and Notes)
on PC action and ARC action.
Effective Date of Decision
CHAPTER XX: DEVELOPMENT AGREEMENTS
Purpose and Scope 17.94.010 Purpose and Scope
Authority 17.94.020 Authority
Initiation of Hearings 17.94.030 Initiation of Hearings
Applications—Legal Interest 17.94.040 Applications—Legal Interest
Fees 17.94.050 Fees
Preapplication Review 17.94.060 Preapplication Review
Application—Contents 17.94.070 Application—Contents
Public Notice 17.94.080 Public Notice
Failure to Receive Notice 17.94.090 Failure to Receive Notice
Planning Commission Hearing and
Recommendation
17.94.100 Planning Commission Hearing and
Recommendation
City Council Hearing 17.94.110 City Council Hearing
City Council Action 17.94.120 City Council Action
Development Agreement—Contents 17.94.130 Development Agreement—Contents
Development Agreement—Adoption by Ordinance—
Execution of Contract
17.94.140 Development Agreement—Adoption
by Ordinance—Execution of Contract
Recordation of Executed Agreement 17.94.150 Recordation of Executed Agreement
Ordinance, Regulations, and Requirements
Applicable to Development
17.94.160 Ordinances, Regulations and
Requirements Applicable to Development
Subsequently Enacted State and Federal Laws 17.94.170 Subsequently Enacted State and
Federal Laws
Enforcement—Continuing Validity 17.94.180 Enforcement—Continuing Validity
Amendment—Time Extension—Cancellation 17.94.190 Amendment—Time Extension—
Cancellation
Review for Compliance—Director’s Authority 17.94.200 Review for Compliance—Director’s
Authority
Violation of Agreement—Council Review and Action 17.94.210 Violation of Agreement—Council
Review and Action
Modification or Termination for Violations 17.94.220 Modification or Termination for
Violations
Consequences of Termination 17.94.230 Consequences of Termination
Irregularity of Proceedings 17.94.240 Irregularity in Proceedings
Coordination of Approvals 17.94.250 Coordination of Approvals
Attachment 1
SAN LUIS OBISPO ZONI NG REGULATIONS UPDAT E
final outline
14
Article 8: Housing-Related Regulations
New (and Notes) Existing (and Notes)
CHAPTER XX: INCLUSIONARY HOUSING REQUIREMENTS
Purpose 17.91.010 - Purpose
Definitions 17.91.020 - Definitions
Applicability and Exclusions 17.91.030 - Applicability and Exclusions
General Standards 17.91.040 - General Standards
Procedures 17.91.050 - Procedures
In-lieu Housing Fee 17.91.060 - In-lieu Housing Fee
Affordable Housing Fund Established 17.91.070 - Affordable Housing Fund
Established
Real Property Dedication 17.91.080 - Real Property Dedication
Incentives 17.91.090 - Incentives
Project Application 17.91.100 - Project Application
Conditions of Approval 17.91.110 - Conditions of Development
Approval
Program Requirements 17.91.120 - Program Requirements
Eligibility Screening 17.91.130 - Eligibility Screening
Affordability Restrictions 17.91.140 - Affordability Restrictions
Shared Equity Purchase Program 17.91.150 - Shared Equity Purchase Program
Early Resale of Shared Equity Properties 17.91.151 - Early Resale of Shared Equity
Properties
Management and Monitoring 17.91.160 - Management and Monitoring
Enforcement and Appeals 17.91.170 - Enforcement and Appeals
Severability 17.91.180 - Severability
CHAPTER XX: AFFORDABLE HOUSING INCENTIVES
Purpose
These may require minor adjustments to conform to
recent changes in State law.
17.90.010 – Purpose
Definitions
We recommend keeping these definitions specific to
this chapter here rather than place them in the
Definitions chapter.
17.90.020 - Definitions
Application Process 17.90.030 - Application Process
Standard Incentives for Housing Projects 17.90.040 - Standard Incentives for Housing
Projects
Standard Incentives for Conversion of Apartments to
Condominium Projects
17.90.050 - Standard Incentives for Conversion
of Apartments to Condominium Projects
Alternative or Additional Incentives 17.90.060 - Alternative or Additional Incentives
Relationship to Other City Procedures 17.90.070 - Relationship to Other City
Procedures
Agreements for Affordable Housing 17.90.080 - Agreements for Affordable Housing
Fees
Because this fee provision is very specific to this
process, we recommend keeping it here instead of
with the more generic fee provisions.
17.90.090 – Fees
Affordability Standards 17.90.100 - Affordability Standards
Occupant Qualifications 17.90.110 - Occupant Screening
Attachment 1
SAN LUIS OBISPO ZONI NG REGULATIONS UPDAT E
final outline
15
Article 8: Housing-Related Regulations
New (and Notes) Existing (and Notes)
CHAPTER XX: DOWNTOWN HOUSING CONVERSION REGULATIONS
Purpose and Intent 17.86.010 - Purpose and Intent
Area of Applicability 17.86.020 - Area of Application
Definitions
We recommend keeping these definitions specific to
this chapter here rather than place them in the
Definitions chapter.
17.86.030 – Definitions
Land Uses Affected 17.86.040 - Land Uses Affected
No Net Housing Loss 17.86.050 - No Net Housing Loss
Exceptions 17.86.060 - Exceptions
Public Hearing Required 17.86.090 – Public Hearing—Notification
Conditions of Approval 17.86.080 – Conditions of Approval
Required Findings 17.86.070 – Findings Required
CHAPTER XX: RESIDENTIAL GROWTH M ANAGEMENT REGULATIONS
Purpose and Justification 17.88.010 - Purpose and Justification
Allocations 17.88.020 - Allocations
Periodic City Council Review and Consideration of
Revisions
17.88.030 - Periodic City Council Review and
Consideration of Revisions
Interim Urgency Regulations Chapter 17.20: Residential Occupancy
Standards
This section may be adjusted to ensure
compliance with federal fair housing laws. Other
regulations address the concern via regulating
the types of housing allowed in each zone,
building code limits on occupancy, parking
regulations for larger units, and requirements for
what constitutes a bedroom.
17.70.060 – Other Requirements
This section may be removed since it just states
Government Code requirements for urgency
ordinances and other provisions.
Chapter 17.93: High-Occupancy Residential
Use Regulations
This section may be adjusted to ensure
compliance with federal fair housing laws.
Attachment 1
SAN LUIS OBISPO ZONI NG REGULATIONS UPDAT E
final outline
16
Article 9: Definitions
New (and Notes) Existing (and Notes)
CHAPTER XX: DEFINITIONS
A
Adult Business definitions will be kept in the Adult
Business provisions.
A
B B
C C
D D
E E
F F
17.84.020 Definitions (Floodplain Management
Regulations)
G G
H H
I I
J J
K K
L
A new section will be provided to group all Land Use
related (uses listed in Table 9) definitions.
L
M M
N N
O O
P P
17.989.020 Definitions (Public Art)
Q Q
R
R
17.61.020 Definitions (for Reasonable
Accommodation)
S S
T T
U U
V V
W W
X X
Y Y
Z Z
Attachment 1
SAN LUIS OBISPO ZONI NG REGULATIONS UPDAT E
final outline
17
Chapters/Sections Deleted and Why
Chapter or Section Reason for Deletion
17.08.130 – Live/Work and Work/Live Units Incorporated into Mixed Use Overlay regulations
17.16.100 – Utility Services Previously deleted by Ord. No. 1287
Chapter 17.82: Residential Condominium
Development and Conversions
Previously deleted by Ord. No. 1490
Attachment 1
LAND USE & CIRCULATION ELEMENT POLICIES & PROGRAMS
Policy Number Policy Statement
2.10. Updating & Enforcing Standards
2.10.1. Enforcing Standards. The City shall review, revise if deemed necessary, and actively enforce
noise, parking, and property development and property-maintenance standards.
2.10.2. Property Maintenance Standards. The City shall implement, and regularly review and update
property-maintenance regulations focused on proper enclosure of trash, appearance of yards and
buildings from the street, and storage of vehicles.
2.11. Multifamily Preferences and Standards
2.11.1. Preferences. The City shall evaluate student housing preferences and consider revising
development standards to better meet them in multifamily housing near campus.
2.11.2. Multifamily Open Space and Storage Standards. The City shall review, and revise, if deemed
desirable, its standards for multifamily housing so that apartments will provide usable open
space and storage similar to the requirements for condominiums.
2.12. Downtown Residential Development. The City shall adopt special development standards to
guide addition of dwellings within Downtown residential areas to implement Policy 2.8. The
following should be included when evaluating new standards for this area:
A. Requirements that new dwellings on lots with existing houses be above or behind the existing
houses, and that the added building area be modestly sized and of similar architecture in
comparison with the principal residences on the site and in the surrounding area;
B. Requiring new buildings to reflect the mass and spacing of existing, nearby buildings;
C. Requiring special parking and coverage standards;
D. Requiring minimum amounts of usable open space.
2.13. Neighborhood Compatibility. The City will consider new regulations, for Low-Density and
Medium-Density Residential areas, to require special review for (1) incompatibly large houses,
(2) replacement or infill homes in existing neighborhoods, and (3) accessory buildings with
plumbing facilities allowing easy conversion to illegal se cond dwellings. The City will
periodically update Community Design Guidelines for larger homes, infill housing and
accessory single-story buildings.
2.15. Residential Densities. The City will evaluate alternatives to the current maximum number of
dwelling units per acre (based on bedroom count) and height, parking, and setback standards, to
regulate residential building intensity, and bulk and mass. Floor area limits will be considered.
2.16. Use of Downtown Parking by Residents. The City shall evaluate the potential to use portions
of City-owned parking lots and structures for residents’ parking.
3.9. Zoning Regulations. The City shall amend its Zoning Regulations to implement the changes
included in the 2014 General Plan update program.
3.10. Noise Control. Zoning Regulations and Community Design Guidelines will include measures
such as the following to prevent unacceptable noise exposure for residential areas or other noise -
sensitive uses: location and shielding of mechanical equipment; location of truck loading, trash
collection areas, and loudspeakers; noise attenuation measures along property lines.
3.13. Zoning Update for Visitor Services Uses. The City shall review zoning regulations to consider
allowing visitor-service uses in office zones adjacent to community commercial zones in the
Downtown and adjacent to Monterey Street between Johnson and Santa Rosa.
3.14. Zoning Update for Emerging Technologies. The City will investigate emerging technologies
and trends to evaluate whether updates to zoning regulations are needed.
4.28. Allowing Efficiency Units and Variable Density in Downtown. The City shall modify zoning
regulations to allow efficiency units and variable density in the Downtown Core.
4.32. Use Permit Requirements. The City shall incorporate into its zoning regulations specific
criteria for evaluating use permits for bars/taverns, night clubs and late night drinking
establishments.
7.16. Airport Overlay Zone. The City shall create an Airport Overlay Zone to reflect the boundaries
of the San Luis Obispo County Regional Airport Land Use Plan within the City limits. The
Attachment 2
Policy Number Policy Statement
purpose of the Airport Overlay Zone is to codify airport compatibility criteria in areas for which
the City may override the Airport Land Use Commission determinati on to ensure compliance
with the requirements of the California State Aeronautics Act (Cal. Pub. Utilities Code, Section
21670, et. seq.) which establishes statewide requirements for airport land use compatibility
planning, guidance from the California Airport Land Use Planning Handbook, which is
published by the California Department of Transportation Division of Aeronautics to support
and amplify the State Aeronautics Act requirements, and other related federal and state
requirements relating to airport land use compatibility planning. Implementation of the
compatibility policies will be accomplished through the Zoning Code.
7.17. Airport Land Use and Zoning Code. The City shall update its Zoning Regulations to address
allowable uses and development standards for areas in which the City may override a
determination of inconsistency. Zoning regulations shall be consistent with the requirements of
the State Aeronautics Act, use guidance from the Caltrans Airport Land Use Planning Handbook
and comply with related state and federal requirements relating to airport land use compatibility.
These development standards will include, but not limited to, intensity and densit y limitations,
identification of prohibited uses, infill development, height limitations, obstructions, and other
hazards to flight, noise insulation requirements, buyer awareness measures, nonconforming uses
and reconstruction and the process for airport compatibility criteria reviews by the City
consistent these development standards.
7.18. Review of Local General Plan and implementing Development Standards. Unless
previously referred and acted upon by the City, review of General and Specific Plans and
Amendments, Zoning ordinance or amendments, or Building code changes within the San Luis
Obispo County Regional Airport Land Use Plan boundary (Figure 9) shall include referral to
the Airport Land Use Commission as specified in Section 21676(b) of the Public Utilities Code
for a determination of consistency with the San Luis Obispo County Airport Land Use Plan.
12.1. Zoning Regulations. Zoning Regulations consist of the zoning map, lists of uses allowed in
certain zones, property-development standards such as maximum building height and minimum
parking, and procedures intended to give the interests of development applicants and other
citizens fair consideration.
Attachment 2
ADMINISTRATIVE DRAFTARTICLE 2: ZONES, ALLOWABLE USES, AND DEVELOPMENT AND
DESIGN STANDARDS
CHAPTER 17.10. USE REGULATIONS
17.10.010 – Purpose and Application
The purpose of this Chapter is to identify those land uses that may be established in conjunction with any buildings,
improvements, lots, or premises within the zones established by Chapter 17.06 (Zones Established and Zoning Map).
17.10.010 020 – Use Regulations By Zone
17.22.010 Uses allowed by zones.
A. Status ofAllowed Uses. Uses within zones shall be regulated as set forth provided in Table 9, subject to
subsections B through J H of this Ssection and additional regulations specified in the Additional Regulations column
of Table 9. Land uses are defined in Article 9, Chapter 19.XX, Land Use Classifications. In Table 9, symbols shall
have these meanings:
A The use is allowed as a matter of right.;
D The use requires If the director Director approves an administrativea Minor uUse pPermit approved
by the Director, as provided in Sections 17.58.020 through 17.58.070., the use may be established;
PC The use requires If the planning Planning cCommission approves a Conditional uUse pPermit
approved by the Planning Commission, as provided in Sections 17.58.020 through 17.58.070., the
use may be established;
A/D The use is allowed above the ground floor only. Subject to If the director Director approves an
administrativea Minor uUse Ppermit review, the use 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.
CB. Interpretation of Use Listing.
1. In cases where a specific land use or activity is not defined, the Director shall assign the land use or activity
to a classification that is substantially similar in character per Section 17.04.030.B, Director’s Determination.
2. These regulations are intended to permit similar types of uses within each zone. The dDirector, 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 Minor Uuse pPermit or Conditional 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.
DC. Principal and Accessory Uses. Listed uses are principal uses. Accessory uses are allowed only where awith
principal use is established.
ED. 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.
Attachment 3
ADMINISTRATIVE DRAFT
FE. Public School Uses. See Section 17.36.030 concerning uses which that may be established within public
schools.
F. Airport Land Use Plan and Airport Overlay Zone. See Chapter 17.64 (Airport Overlay Zone) concerning uses
that may be allowed within the Airport Overlay Zone.
G. Prohibition of Drive-Through Facilities. Drive-through facilities are not allowed in any zone.
H. Prohibition of Vacation Rentals. Vacation rentals are not allowed in any zone.
I. Prohibition of Mineral Extraction. Commercial mining is prohibited in city limits.
JG. Specific Plan Consistency. Some land subject to city City zZoning Regulations is also subject to one of several
Sspecific Pplans, which are intended to provide additional policies and development standards for the development
of those areas. Land within Sspecific Pplans, designated by the SP zoning, may be subject to further restrictions.
The list of uses and permit requirements in the Sspecific Pplan shall prevail.
H. Prohibited Uses. The following uses are prohibited in all zones:
1. Drive-Through Facilities.
2. Large-Scale Retail with over 140,000 square feet of gross floor area.
3. Livestock Feed Lots.
4. Mineral Extraction and Commercial Mining.
5. Onshore Support Facilities
.
1. 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
Ffederal and Sstate governments.
2.
a. B. Such facilities would threaten the community’s vital economy and environmental quality. (Ord. 1071
§ 2 (1) (part), 1986)
3.
b. No onshore support facility for offshore oil or gas development shall be allowed or permitted within the
Ccity until such time that the cCouncil proposes the inclusion of such uses in an appropriate zone
district or districtsor zones, and such proposal has been approved by a vote of the people of the Ccity.
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)
4.
5.6. Vacation Rentals. See also Section XXX (Homestays).
INSERT REVISED TABLE 9 HERE
17.08.070 Mineral extraction.
Commercial mining is prohibited within city limits. (Ord. 1365 § 3 (part), 2000: Ord. 1265 § 2 Ex. A, 1994)
Chapter 17.92
ONSHORE SUPPORT FACILITIES
Attachment 3
ADMINISTRATIVE DRAFTSections:
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)
Table 9: Uses Allowed by Zone
Land Use
Permit Requirements by Zoning District Specific Use
Regulations AG C/OS R1 R2 R3 R4 PF O(1) C-N C-C C-D C-R C-T C-S M BP
AGRICULTURE
Crop production A A A D D
Grazing A A
Greenhouse/plant
nursery, commercial PC PC
Community gardens
D D D D D
Livestock feed lot
PC PC
INDUSTRY, MANUFACTURING & PROCESSING, WHOLESALING
Bakery, wholesale A A PC
Furniture and fixtures
manufacturing,
cabinet shop D A
Industrial research
and development PC D D
Laboratory – Medical,
analytical, research,
testing PC A A A A
Laundry, dry cleaning
plant A A
Manufacturing –
Heavy PC PC
Attachment 3
ADMINISTRATIVE DRAFTTable 9: Uses Allowed by Zone
Land Use
Permit Requirements by Zoning District Specific Use
Regulations AG C/OS R1 R2 R3 R4 PF O(1) C-N C-C C-D C-R C-T C-S M BP
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 PC
Wholesaling and
distribution A A PC
LODGING
Bed and breakfast inn D PC PC A A A
Safe parking
PC
(13)
PC
(13)
PC
(13)
PC
(13) PC PC PC PC PC PC PC PC PC 17.08.115
Homeless shelter PC PC A PC PC PC PC PC PC PC PC 17.08.110
Hostel PC PC A A A
Hotel, motel A A A PC
Recreational vehicle
(RV) park accessory
to hotel, motel PC
Vacation rental 17.22.010(G)
RECREATION, EDUCATION & PUBLIC ASSEMBLY USES
Club, lodge, private
meeting hall D D A D A/D D D D
Commercial
recreation facility –
Indoor PC D D D D D(12) PC D 17.08.060
Commercial
recreation facility –
Outdoor PC PC
Educational
conferences D D D D 17.08.010(C)(6)
Attachment 3
ADMINISTRATIVE DRAFTTable 9: Uses Allowed by Zone
Land Use
Permit Requirements by Zoning District Specific Use
Regulations AG C/OS R1 R2 R3 R4 PF O(1) C-N C-C C-D C-R C-T C-S M BP
Fitness/health facility D A D D PC A A D
Golf course PC
Library, museum PC D D D D
Library, branch facility D D D D
Night club D D D D D D PC(14) Chapter 17.95
Park, playground D D A A A A D D A A A
Public assembly
facility PC 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 PC PC
School – College,
university campus PC
School – College,
university – Satellite
classroom facility
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 A/D A/D A PC A
Theater PC(8) D D D D Chapter 17.95
Theater – Drive-in 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
Attachment 3
ADMINISTRATIVE DRAFTTable 9: Uses Allowed by Zone
Land Use
Permit Requirements by Zoning District Specific Use
Regulations AG C/OS R1 R2 R3 R4 PF O(1) C-N C-C C-D C-R C-T C-S M BP
Live/work units A A A A A 17.08.130
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
Multifamily dwellings A A A A D D
Residential care
facilities – 6 or fewer
residents A A A A A A A/D A/D A/D D
Residential care
facilities – 7 or more
residents A A A A A D A/D A/D D
Residential hospice
facility PC PC D PC PC D
Rest home A A A A A D A/D A/D D
Single-family
dwellings A A A(2) A A A A D D
Accessory dwelling
units A A A A A Chapter 17.21
Work/live units D D 17.08.130
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
Bar/tavern D D D D D D
Building and
landscape materials
sales, indoor A A A A A
Building and
landscape materials
sales, outdoor D D A A A
Construction and
heavy equipment
sales and rental D D
Convenience store D D D A A A A A D D D 17.08.095
Extended hour retail D D D D D D D D
Farm supply and feed
store PC A A
Fuel dealer (propane,
etc.) D A
Attachment 3
ADMINISTRATIVE DRAFTTable 9: Uses Allowed by Zone
Land Use
Permit Requirements by Zoning District Specific Use
Regulations AG C/OS R1 R2 R3 R4 PF O(1) C-N C-C C-D C-R C-T C-S M BP
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, specialty
foods A(10) A A A PC
Liquor store/alcohol
sales D D D D PC 17.11
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 sf, up to 5,000
sf D D A A D
Wine tasting room –
off site D D D D D D 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
Restaurant with late
hour alcohol service D D D D D D D
Chapter 17.11 &
17.100.180
Outdoor BBQ/grill,
accessory to
restaurant D D D D D D D
Service station (see
also Vehicle services) D D D D A 17.08.030
Vending machine See Section 17.08.050 17.08.050
Warehouse stores –
45,000 sf or less gfa D D D
Warehouse stores –
More than 45,000 sf
gfa PC PC PC
SERVICES – BUSINESS, FINANCIAL & PROFESSIONAL
ATMs A A A A A A A A A
Attachment 3
ADMINISTRATIVE DRAFTTable 9: Uses Allowed by Zone
Land Use
Permit Requirements by Zoning District Specific Use
Regulations AG C/OS R1 R2 R3 R4 PF O(1) C-N C-C C-D C-R C-T C-S M BP
Banks and financial
services A A A A D(4) D(4) D
Business support
services A A A/D A A A A
Medical service –
Clinic, laboratory,
urgent care D D D A D(11) D(11)
Medical service –
Doctor office A A/D A/D A D(11) D(11)
Medical service –
Extended care PC PC D PC PC D
Medical service –
Hospital PC PC
Convalescent hospital PC PC
Office – Accessory A A A A A A A A
Office – Business and
service A A A/D A D(4) D(4) D
Office – Government D PC A A PC
Office – Processing D D D D(4) D(4) A
Office – Production
and administrative A A/D A/D A D(4) D(4) A
Office – Professional A A/D A/D A D
Office – Temporary See Section 17.08.010(C)
Photographer,
photographic studio A A/D 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
Maintenance service,
client site services A A PC
Mortuary, funeral
home D D A D
Attachment 3
ADMINISTRATIVE DRAFTTable 9: Uses Allowed by Zone
Land Use
Permit Requirements by Zoning District Specific Use
Regulations AG C/OS R1 R2 R3 R4 PF O(1) C-N C-C C-D C-R C-T C-S M BP
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 D A A A D D 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 A/D A A
Veterinary
clinic/hospital,
boarding, small
animal, outdoor D
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
Heliport PC PC PC
Media production –
Backlots/outdoor
facilities and
soundstages D D D
Media production –
Broadcast studio A A/D A A A A
Parking facility PC(6) PC(6) PC(6) D(6) D(6) D(6)
Attachment 3
ADMINISTRATIVE DRAFTTable 9: Uses Allowed by Zone
Land Use
Permit Requirements by Zoning District Specific Use
Regulations AG C/OS R1 R2 R3 R4 PF O(1) C-N C-C C-D C-R C-T C-S M BP
Parking facility –
Multilevel 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 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 H = Home occupation permit required
Note: Footnotes affecting specific land uses follow the table.See Section 17.10.030 – Specific Zone Use Regulations as well as sections referenced in the
Specific Use Regulations column of Table 9.
17.10.030 – Use Regulations in Certain Zones
Notes to Table 9:
3CA. C-N Zone – Limitations on General Retail Floor Areain the C-N Zone. A general retail use in the
C-N zone shall not exceed a gross floor area of two thousand2,000 square feet for each establishment, or a
combined floor area of all general retail establishments within a shopping center of twenty-five25 percent of the
total floor area in a shopping center with a gross floor area of fifteen thousand 15,000 square feet or more; and
shall not exceed fifty 50 percent of the total floor area in a shopping center with a gross floor area of less than
fifteen thousand 15,000 square feet. The administrative use permit may provide for exceptions Exceptions to the
floor area limitations above require Minor Use Permit approval. For gGeneral retail uses with a floor area greater
than 2,000 square feet on up to a parcel not located within a shopping center require, an administrative Minor
uUse pPermit approval shall be required to ensure consistency with policies of the general General plan Plan
lLand uUse eElement and compatibility with surrounding uses.
10JB. GroceriesGeneral Markets, Liquor, Specialty Foods Convenience Stores, and Liquor Stores in the C-N
Zone. In the C-N zone, grocery, liquor and specialty food general markets, convenience stores, and liquor stores
under three thousand3,000 square feet are allowed. Such uses with a gross floor area between 3,000 three
thousand and five thousand 5,000 square feet are allowed with the approval ofmay be approved by an
administrative use permita Minor Use Permit. Such usesStores with between five thousand 5,000 and ten
thousand 10,000 square feet of gross floor area may be approved by planning commissionConditional uUse
pPermit. In order for a use permit to be approved by the hearing officer or by the planning commission, the
deciding body review authority mustshall 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 General pPlan.
4DC. Offices in the 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:
Attachment 3
ADMINISTRATIVE DRAFTa. 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.
5ED. C-R Zone – Auto Vehicle Sound System Installation in the C-R Zone. Auto Vehicle sound installation
services may be approved only as an accessory use to the retail sales of auto sound systems on the same site or
as part of an approved vehicle services use. Minor Use pPermit review shall consider parking space
displacement, noise from the operation, and the appearance and visibility of the installation area.
6F. Parking as a Principal Use. Use permit approval may include deviations to otherwise applicable setback
requirements and building height limits. A multi-level parking facility shall require the approval of a use
permit by the planning commission.
7G.E. Religious Facilities in the C-S, C-T, and M Zones.
a1. C-S Zone Requirements. Minor Use pPermit 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 Minor uUse pPermit 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. Minor Use Ppermit conditions may include measures to mitigate incompatibility.
b2. C-T and M Zone Requirements. A religious facility use may be allowed only inside an existing building.
8HF. Theaters in the PF Zone – Theaters. Only nonprofit theaters are allowedpermitted.
9I. Day Care Centers. Allowed by right where accessory to a church or school, or where an employer provides on-site
child care to fourteen or fewer children for the exclusive benefit of employees, providing the primary use meets
city parking standards.
11KG. Medical Services in the C-S and BP zones. In order to approve a medical service Medical Office, Dental
Office, or Clinic in the C-S or BP zones, the review authority hearing officer mustshall be required to make all of
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.
Attachment 3
ADMINISTRATIVE DRAFTf. 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.
12LH. C-S Zone – Required Findings for Indoor Commercial Recreational Facilities – Large Scale in the C-S
zone. Commercial indoor recreational uses in the C-S zone shall not include less than ten thousand square feet
gross floor area per establishment. The approval of an indoor a commercial recreational – large scale facility in
the C-S zone shall require that the review authority to 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.
13MI. Safe Parking. Safe parking is only allowed in the R-1, R-2, R-3, and R-4 zones when accessory to a public
assembly use, such as a club, lodge, private meeting hall or religious assembly facility. Safe parking is prohibited
as a primary use in the R-1, R-2, R-3, and or R-4 zones and in all applicable zoning districtszones on properties
that contain residential uses as the primary use. See also Section 17.XX.190 (Safe Parking).
14N. Bars, Night Clubs, and Taverns Use in the BP Zone. Within the BP zone, Bars, Night cClubs, and Taverns shall
be allowed only in the BP zone of the Airport Area Specific Plan. Refer to the Allowed uses, Table 4.3, of the Airport
Area Specific Plan for more information. (Ord. 1634 § 5, 2017; Ord. 1629 § 2 Ex. A, 2016; Ord. 1610 § 3, 2014; Ord.
1606 § 7, 2014; Ord. 1592 §§ 6, 7, 2013; Ord. 1591 §§ 15, 18, 19, 28, 2013; Ord. 1578 § 5, 2012; Ord. 1571 § 17,
2012; Ord. 1553 § 18, 2010; Ord. 1528 § 3 Ex. A (part), 2009; Ord. 1500 § 3 (part), 2007; Ord. 1497 § 2, 2006; Ord.
1462 § 3, 2004; Ord. 1451 § 1, 2004; Ord. 1438 §§ 3, 7, 2003; Ord. 1437 § 1 (part), 2003; Ord. 1429 § 3 (part), 2003;
Ord. 1409 § 2 (part), 2002; Ord. 1405 § 3 (part), 2001; Ord. 1365 § 3 (part), 2000; Ord. 1346 § 2 (part), 1999; Ord.
1328 § 2, 1997; Ord. 1311 § 2, 1996; Ord. 1310 § 2, 1996; Ord. 1305 § 3, 1996; Ord. 1304 § 2, 1996; Ord. 1265 § 2
Ex. A, 1994; Ord. 1258 § 1 Ex. A, 1994; Ord. 1257 § 1 Ex. A, 1994; Ord. 1248 § 2 Ex. A, 1993; Ord. 1235 § 1 Ex. A,
1992; Ord. 1225 § 2 Ex. A (part), 1992; Ord. 1222 § 1 Ex. A, 1992; Ord. 1182 § 1, 1990; Ord. 1180 § 1, 1990; Ord.
1154 § 4, 1990; Ord. 1157 § 1 Ex. A (part), 1990; Ord. 1161 § 2 Ex. B (part), 1990; Ord. 1128 § 1 (part), 1988; Ord.
1124 § 4 Ex. A (part), 1988; Ord. 1122 § 2 (part), 1988; Ord. 1110 § 1 Ex. A, 1988; Ord. 1103 § 1 Ex. A(2), 1987; Ord.
1102 § 1 Ex. A(14), (15), 1987; Ord. 1088 § 1 Ex. A(3), 1987; Ord. 1087 § 1 Ex. A(1), 1987; Ord. 1085 § 1 Ex. A
(part), 1987; Ord. 1058 § 1, 1986; Ord. 1008 §§ 2, 3, 1984; Ord. 1006 § 1 (part), 1984; Ord. 946 § 4, 1983; Ord. 941 §
1 (part), 1982: prior code § 9202.8)
Attachment 3
ADMINISTRATIVE DRAFTCHAPTER 17.12. AGRICULTURAL (AG) ZONE
17.12.010 – Purpose and Application
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” and where there has been a history of agricultural
cultivation and keeping of livestock. (Ord. 1365 § 2 (part), 2000
)
17.12.020 – Development Standards
17.33.020 Property development standards.
The property development standards for the AG zone shall beare as set forth in Table XX.follows:
Table X: Development Standards in the AG Zone Development Standards
Development Standard AG Zone Additional Regulations
Maximum Residential
Density
1 unit/20 acres Except that Eeach legal lot of record, regardless of size, may
have one dwelling.
Minimum Parcel Size 5 acres TheExcept that minimum parcel size may be required to be
larger than 5 acresincreased as designated byin the zone
suffix. For example, (AG-20 requires a minimum parcel size of
20twenty acres).
Minimum Front Yard
Setback
20 feet
Minimum Side and Rear
YardSetbacks
20 feet
Maximum Building Height 35 feet
Maximum Pavement and
Building AreaImpervious
Surface Area
Parcel <10 acres 5%
Parcel ≥ 10 acres 3%
Parking Requirements See Section 17.16.060
Edge Condition
Requirements
See Section XXX
(Ord. 1365 § 2 (part), 2000)
Attachment 3
ADMINISTRATIVE DRAFTCHAPTER 17.14. CONSERVATION/OPEN SPACE (C/OS) ZONE
17.14.010 – Purpose and Application
17.32.010 Purpose and application.
A. General Application. 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 hazards. Land and water areas in the C/OS zone remain in a predominantly natural or undeveloped state
which is generally free of structures.
B. Natural Hazards. The C/OS zone is intended to prevent exposure ofr 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. Natural and Historic Resources. The C/OS zone provides for the protection and preservation of the community’s
natural and historic resources, defines the urban boundary, and provides visual and physical relief from urban
development. 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. 1346 § 2 (part), 1999; Ord. 941 § 1 (part), 1982: prior code §
9203.5(A))
17.14.020 – Development Standards
17.32.020 Property development standards.
The property development standards for the C/OS zone shall be as set forth in Table XXare as follows.:
Table X: Development Standards in the C/OS Zone Development Standards
Development Standard C/OS Zone Additional Regulations
Maximum Residential
Density
1 unit/5 acres The maximum Except that density may be decreased based
on presence and extent of environmental resources and/or
hazards. Such density will be an increase in minimum parcel
size, or more acres, as indicated by in the zone designation.
Minimum Parcel Size 5 acres The minimum parcel size may be required to be larger than 5
acres as designated by the zone suffix. Or more acres, as
noted in the number which is part of the zone designation
Except that parcel size may be increased as designated in the
zone suffix For example, (C/OS- 40 requires a minimum parcel
size of 40 forty acres.).
Minimum Front Setback 20 feet
Minimum Side and Rear
Setbacks
20 feet
Maximum Building Height 35 feet
Standard Lot Dimensions:
Minimum Lot Width 200 feet See also Section 16.18.030 (Subdivisions; Lot Dimensions)
Minimum Lot Depth 200 feet See also Section 16.18.030 (Subdivisions; Lot Dimensions)
Minimum Street Frontage 20 feet See also Section 16.18.030 (Subdivisions; Lot Dimensions)
Maximum Pavement and
Building Impervious Surface
Area
>10 acres 5%
10+ acres 3%
Parking Requirements See Section 17.16.060.
Attachment 3
ADMINISTRATIVE DRAFTEdge Condition
Requirements
See Section XXX
(Ord. 1500 § 3 (part), 2007; Ord. 1365 § 3 (part), 2000; Ord. 941 § 1 (part), 1982: prior code § 9203.5(B))
Attachment 3
ADMINISTRATIVE DRAFTCHAPTER 17.16. LOW-DENSITY RESIDENTIAL (R-1) ZONE
17.16.010 – Purpose and Application
17.24.010 Purpose and application.
The R-1 zone provides for low- density residential development, and supporting compatible uses that , haveing
locations and development forms that provide a sense of both individual identity and neighborhood cohesion, and that
provide as well as private outdoor space, for the households occupying individual unitsthemis intended primarily to
provide housing opportunities for people who want a private open space associated with individual dwellings. The R-1
zone It is intended to preserve existing single-family unit 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))
17.16.020 – Development Standards
17.24.020 Property development standards.
The property development standards for the R-1 zone shall be as set forth in Table XX. are as follows:
Table X: Development Standards in the R-1 Zone Development Standards
Development Standard R-1 Zone Additional Regulations
Maximum Density 7 units/net acre See also Section 17.16.010
Minimum Front
YardsSetback
See Section 17.16.02020 feet
Minimum Side and Rear YardsSetbacks
See Section 17.16.020
Street Side YardSetback 20 feet
Interior Side YardSetback
and Rear YardSetback
See Section 17.16.020.C.2 (Minimum Side Setbacks in R-1 and R-2 Zones)
Rear YardSetback on a
Through Lot
20 feet
Maximum Building Height 25 feet Up to 35 feet if the director approves an administrative use
permit. See also Sections 17.16.020 and 17.16.040.
Maximum Lot Coverage 40% See also Section 17.16.030
Standard Lot Dimensions:
Minimum Lot Area 6,000 square feet See also Section 16.18.030 (Subdivisions; Lot Dimensions)
Minimum Lot Width 50 feet See also Section 16.18.030 (Subdivisions; Lot Dimensions)
Minimum Lot Depth 90 feet See also Section 16.18.030 (Subdivisions; Lot Dimensions)
Minimum Street Frontage 20 feet See also Section 16.18.030 (Subdivisions; Lot Dimensions)
Parking Requirements See Section 17.16.060.
Edge Condition
Requirements
See Section XXX
(Ord. 1500 § 3 (part), 2007; Ord. 941 § 1 (part), 1982: prior code § 9203.1(B))
17.16.030 – Additional Standards
2B. R-1 Zone – Multiple Dwellings. Except for condominiums and Accessory Dwelling Units, the construction of
more than one dwelling on a parcel in the R-1 zone requires administrative Minor uUse pPermit approval. R-1 density
standards shall apply to condominium developments.
Attachment 3
ADMINISTRATIVE DRAFTCHAPTER 17.18. MEDIUM-DENSITY RESIDENTIAL (R-2) ZONE
17.18.010 – Purpose and Application
17.26.010 Purpose and application.
The R-2 zone is intended to provide housing opportunities that have having locations and development forms that
provide a sense of both individual identity and neighborhood cohesion for the households occupying them, but in a
more compact arrangement than in the R-1 zone, andfor people who want compact residences near close to
commercial and public services. The R-2 zonese areas generally will occur as a transition zone usually lie between
zones of higher and lower residential density and/or adjacent to office (O) 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))
17.18.020 – Development Standards
17.26.020 Property development standards.
The property development standards for the R-2 zone shall be as set forth in Table XX. are as follows:
Table X: Development Standards in the R-2 Zone Development Standards
Development Standard R-2 Zone Additional Regulations
Maximum Density 12 units/net acre, but
at least 2 units per
parcel
See also Section 17.16.010. For a single-family unit residence
(single unit on one lot) located in the medium-density
residential zone (R-2), density unit values may be rounded up
to the nearest one-half density unit (example: 1.37 01 = 1.5).
Condominiums and common interest subdivisions shall
conform to standard R-2 density requirements where the
maximum density is calculated by rounding to the nearest one-
hundredth unit.
Minimum Front Setback See Section 17.16.020.20 feet
Minimum Side and Rear Setbacks
See Section 17.16.020.
Street Side Setback 20 feet
Interior Side Setback See Section 17.16.020.C.2 (Minimum Side Setbacks in R-1 and R-2 Zones)
Rear Setback on a
Through Lot
20 feet
Maximum Building Height 35 feet See also Sections 17.16.020 and 17.16.040
Maximum Lot Coverage 50% See also Section 17.16.030
Minimum Open Space 300 square feet per
unit.
May be provided as either common or private open space.
Open space shall have a minimum dimension in every
direction of ten feet for open space provided at ground level or
six feet for open space provided on a balcony or elevated
deck, and must shall be located outside the required front
setback street yard required by zoning regulations.
Standard Lot Dimensions:
Minimum Lot Area 5,000 square feet See also Section 16.18.030 (Subdivisions; Lot Dimensions)
Minimum Lot Width 50 feet See also Section 16.18.030 (Subdivisions; Lot Dimensions)
Minimum Lot Depth 80 feet See also Section 16.18.030 (Subdivisions; Lot Dimensions)
Minimum Street Frontage 20 feet See also Section 16.18.030 (Subdivisions; Lot Dimensions)
Parking Requirements See Section 17.16.060
Attachment 3
ADMINISTRATIVE DRAFTEdge Condition
Requirements
See Section XXX
(Ord. 1553 § 20, 2010; Ord. 1500 § 3 (part), 2007: Ord. 941 § 1 (part), 1982: prior code § 9203.2(B))
Attachment 3
ADMINISTRATIVE DRAFTCHAPTER 17.20. MEDIUM-HIGH DENSITY RESIDENTIAL (R-3) ZONE
17.20.010 – Purpose and Application
17.28.010 Purpose and application.
The R-3 zone is intended primarily to provide housing opportunities provides for primarily attached dwellings with
common outdoor areas and very compact private outdoor spacesfor smaller households desiring little private open
space and to provide various types of group housing. The R-3 zone These areas is are generally appropriate near
employment centers and , major public facilities, and along transit corridors and nodes, and 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))
17.20.020 – Development Standards
17.28.020 Property development standards.
The property development standards for the R-3 zone shall be as set forth in Table XX. are as follows:
Table X: Development Standards in the R-3 Zone Development Standards
Development Standard R-3 Zone Additional Regulations
Maximum Density Eighteen 20 units/net
acre
See also Section 17.16.010
Minimum Front
YardsSetback
See Section 17.16.020.15 feet
Minimum Side and Rear YardsSetbacks
See Section 17.16.020.
Street Side Setback 15 feet
Interior Side Setback and
Rear Setback
See Section 17.16.020.C.2 (Minimum Side Setbacks in R-3, R-4, O, and C-N Zones)
Rear Setback on a
Through Lot
15 feet
Maximum Building Height 35 feet See also Sections 17.16.020 and 17.16.040
Maximum Lot Coverage 60% See also Section 17.16.030
Minimum Open Space 200 square feet. May be provided as either common or private open space.
Open space shall have a minimum dimension in every
direction of ten feet for open space provided at ground level or
six feet for open space provided on a balcony or elevated
deck, and shall must be located outside the required front
setback street yard required by zoning regulations.
Standard Lot Dimensions:
Minimum Lot Area 5,000 square feet See also Section 16.18.030 (Subdivisions; Lot Dimensions)
Minimum Lot Width 50 feet See also Section 16.18.030 (Subdivisions; Lot Dimensions)
Minimum Lot Depth 80 feet See also Section 16.18.030 (Subdivisions; Lot Dimensions)
Minimum Street Frontage 20 feet See also Section 16.18.030 (Subdivisions; Lot Dimensions)
Parking Requirements See Section 17.16.060.
Edge Condition
Requirements
See Section XXX
(Ord. 1500 § 3 (part), 2007; Ord. 941 § 1 (part), 1982: prior code § 9203.3(B))
Attachment 3
ADMINISTRATIVE DRAFTCHAPTER 17.22. HIGH-DENSITY RESIDENTIAL (R-4) ZONE
17.22.010 – Purpose and Application
17.30.010 Purpose and application.
The R-4 zone is intended primarily to provide for for primarily attached dwellings, with common outdoor areas and
very compact private outdoor spaces, housing opportunities for smaller households desiring little private open space
and to accommodate provide various types of group housing. It is Ffurther, the R-4 zone intended to allow for dense
concentrations of housing close to concentrations of employment and college enrollment, in the Downtown core, along
and near transit corridors and nodes, and 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))
17.22.020 – Development Standards
17.30.020 Property development standards.
The property development standards for the R-4 zone shall be as set forth in Table XX.are as follows:
Table X: Development Standards in the R-4 Zone Development Standards
Development Standard R-4 Zone Additional Regulations
Maximum Density 24 units/net acre See also Section 17.16.010
Minimum Front
YardSetback
See Section 17.16.02015 feet
Minimum Side and Rear Yards Setbacks
See Section 17.16.020
Street Side Setback 15 feet
Interior Side Setback and
Rear Setback
See Section 17.16.020.C.2 (Minimum Side Setbacks in R-3, R-4, O, and C-N Zones)
Rear Setback on a
Through Lot
15 feet
Maximum Building Height 35 feet See also Sections 17.16.020 and 17.16.040
Maximum Lot Coverage 60% See also Section 17.16.030
Minimum Open Space 200 square feet May be provided as either common or private open space.
Open space shall have a minimum dimension in every
direction of 10 feet for open space provided at ground level or
six feet for open space provided on a balcony or elevated
deck, and shall must be located outside the required street
yardfront setback required by zoning regulations. See also
Section 16.17.030 (Subdivisions; Property improvement
standards for common interest subdivisions).
Standard Lot Dimensions:
Minimum Lot Area 5,000 square feet See also Section 16.18.030 (Subdivisions; Lot Dimensions)
Minimum Lot Width 50 feet See also Section 16.18.030 (Subdivisions; Lot Dimensions)
Minimum Lot Depth 80 feet See also Section 16.18.030 (Subdivisions; Lot Dimensions)
Minimum Street Frontage 20 feet See also Section 16.18.030 (Subdivisions; Lot Dimensions)
Parking Requirements See Section 17.16.060
Edge Condition
Requirements
See Section XXX
(Ord. 1500 § 3 (part), 2007; Ord. 941 § 1 (part), 1982: prior code § 9203.4(B))
17.22.030 – Additional Regulations
Attachment 3
ADMINISTRATIVE DRAFT
17.30.030—17.30.040 Reserved.*
*Ord. 1265 § 2 Ex. A, adopted June 21, 1994, repealed former §§ 17.30.030 and 17.30.040, relative to neighborhood
grocery markets, which derived from Ord. 1180 § 2, 1990.
Attachment 3
ADMINISTRATIVE DRAFTCHAPTER 17.24. OFFICE (O) ZONE
17.24.010 – Purpose and Application
17.34.010 Purpose and application.
The O zone is intended to provide for a diversity of offices uses that to meet the needs of private businesses, City
government, and a limited range of County governmentof city and specialized needs of county residentsand 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 of existing, legally established
residential uses and the development of new residential uses where such residential uses they will be compatible with
neighboring offices. The O zone implements and is consistent with the office land use category of the general plan.
(Ord. 1438 § 1 (part), 2003: Ord. 941 § 1 (part), 1982: prior code § 9203.6(A))
17.24.020 – Development Standards
17.34.020 Property development standards.
The property development standards for the O zone shall be as set forth in Table XX. are as follows:
Table X: Development Standards in the O Zone Development Standards
Development Standard O Zone Additional Regulations
Maximum Density 12 sunits/net acre See also Section 17.16.010
Minimum Front
YardSetback
See Section 17.16.02015 feet
Minimum Side and Rear YardSetbacks
See Section 17.16.020
Street Side Setback 15 feet
Interior Side Setback and
Rear Setback
See Section 17.16.020.C.2 (Minimum Side Setbacks in R-3, R-4, O, and C-N Zones)
Rear Setback on a
Through Lot
15 feet
Maximum Building Height 25 feet Maximum height may be increased to 35 feet with the
approval of an administrative use permitDirector’s Action in
compliance with Section 17.224.010030, Table 9, Footnote 1
(Additional Regulations). (aSee also lso see Sections
17.16.020 and 17.16.040).
Maximum Lot Coverage 60% See also Section 17.16.030
Maximum Floor Area Ratio The ratio of gross
building floor area to
site area shall not
exceed 1.5
Standard Lot Dimensions:
Minimum Lot Area 5,000 square feet See also Section 16.18.030 (Subdivisions; Lot Dimensions)
Minimum Lot Width 50 feet See also Section 16.18.030 (Subdivisions; Lot Dimensions)
Minimum Lot Depth 80 feet See also Section 16.18.030 (Subdivisions; Lot Dimensions)
Minimum Street Frontage 20 feet See also Section 16.18.030 (Subdivisions; Lot Dimensions)
Parking Requirements See Section 17.16.060.
Edge Condition
Requirements
See Section XXX
(Ord. 1500 § 3 (part), 2007; Ord. 1365 § 3 (part), 2000: Ord. 1088 § 1 Ex. A(4), 1987; Ord. 941 § 1 (part), 1982: prior
code § 9203.6(B))
Attachment 3
ADMINISTRATIVE DRAFT17.24.030 – Additional Regulations
1. A. O Zone – All Uses. A. Conversion of Residential Structures to Nonresidential Use. In the O zone,
aApproval of a Minor uUse pPermit is required for the conversion of a residential structures to nonresidential use
or usess in the O zone. In order to approve granting a request to approve a Minor uUse pPermit for such a
conversion, the Director dReview Authority irector Director shall first make all of the following findings that:
a1. The location, orientation, height, and mass of any new construction structures will not significantly affect
privacy in nearby residential areas; and
b2. The project location or access arrangements will not significantly direct traffic to local streets in nearby
residential areas; and
c.3. The project includes landscaping and yards setbacks that adequately separate parking and pedestrian
circulation areas from sites in nearby residential areas.
B. Maximum Height with Director’s Action. In granting a request for an increase in building height of up to a
maximum height limit of 35 feet in the O zone, the Director Review Authority shall make all of the following findings:
1. The project will be consistent with the General Plan, any applicable specific plan, and this Chapter 17.24 (Office
Zone); and
2. The location, orientation, height, and mass of any new construction structures will not significantly affect privacy
in nearby residential areas; and
3. The proposed design is compatible with the scale, mass, and character of the surrounding context.
Attachment 3
ADMINISTRATIVE DRAFTCHAPTER 17.26. COMMERCIAL-NEIGHBORHOOD (C-N) ZONE
17.26.010 – Purpose and Application
17.38.010 Purpose and application.
The C-N zone is intended to accommodate the establishment and operation of small-scale, pedestrian-oriented, and
low-impact provide retail sales and personal services businesses primarily for the convenience of people in
surrounding residential areas, in small-scale, pedestrian-oriented developments, to meet the frequent shopping needs
of people living nearby. Only those businesses that are clearly compatible with surrounding residential uses due to
minimal motor vehicle traffic, noise, and similar operating conditions are allowed. 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. (Ord. 1438 § 1 (part), 2003: Ord. 941 § 1 (part), 1982: prior code §
9203.8(A))
17.26.020 – Development Standards
17.38.020 Property development standards.
The property development standards for the C N zone shall be as set forth in Table XX. are as follows:
Table X: Development Standards in the C-N Zone Development Standards
Development Standard C-N Zone Additional Regulations
Maximum Density 12 units/net acre See also Section 17.16.010
Minimum Front Yard
Setback
See Section 17.16.020.10 feet
Minimum Side and Rear YardSetbacks
See Section 17.16.020.
Street Side Setback 10 feet
Interior Side Setback and
Rear Setback
See Section 17.16.020.C.2 (Minimum Side Setbacks in R-3, R-4, O, and C-N Zones)
Rear Setback on a
Through Lot
10 feet
Maximum Building Height 35 feet See also Sections 17.16.020 and 17.16.040
Maximum Lot Coverage 75% See also Section 17.16.030
Maximum Floor Area Ratio The ratio of gross
building floor area to
site area shall not
exceed 2.0
Standard Lot Dimensions:
Minimum Lot Area 6,000 square feet See also Section 16.18.030 (Subdivisions; Lot Dimensions)
Minimum Lot Width 60 feet See also Section 16.18.030 (Subdivisions; Lot Dimensions)
Minimum Lot Depth 90 feet See also Section 16.18.030 (Subdivisions; Lot Dimensions)
Minimum Street Frontage 40 feet See also Section 16.18.030 (Subdivisions; Lot Dimensions)
Parking Requirements See Section 17.16.060.
Edge Condition
Requirements
See Section XXX
17.26.030 – Additional C-N RegulationsMaximum Retail Building Size in C-N Zone
H. Maximum building size: No retail establishment (commercial building) shall exceed forty-five thousand45,000
square feet of total gross floor area, unless excepted for nonconforming buildings by Section 17.16.035. (Ord. 1500
Attachment 3
ADMINISTRATIVE DRAFT§ 3 (part), 2007; Ord. 1405 § 3 (part), 2001; Ord. 1365 § 3 (part), 2000: Ord. 941 § 1 (part), 1982: prior code §
9203.8(B))
Attachment 3
ADMINISTRATIVE DRAFTCHAPTER 17.28. COMMERCIAL-RETAIL (C-R) ZONE
17.28.010 – Purpose and Application
17.40.010 Purpose and application.
The C-R zone is intended to provide foraccommodate a wide range of retail sales, business, personal, and
professional services, as well as recreation, entertainment, transient lodging, and limited 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 C-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. (Ord. 1438 § 1 (part), 2003: Ord. 941 § 1 (part), 1982: prior code § 9203.9(A))
17.28.020 – Development Standards
17.40.020 Property development standards.
The property development standards for the C -R zone shall be as set forth in Table XX. are as follows:
Table X: Development Standards in the C-R Zone Development Standards
Development Standard C-R Zone Additional Regulations
Maximum Density 36 units/acre Maximum density includesing dwelling units in hotels and
motels, but not including other hotel or motel rooms such as
conference rooms and dining facilties that are not considered
dwelling units. units (sSee also Section 17.16.010).
Minimum Front
YardSetback
As provided in zone of adjacent lot. See also Section 17.16.020.C.1 (*).
Minimum Side and Rear YardSetbacks
See Section 17.16.020.
Street Side Setback As provided in zone of adjacent lot. See also Section 17.16.020.C.1 (*)
Interior Side Setback and
Rear Setback
As provided in zone of adjacent lot. See also Section 17.16.020.C.2 (Minimum Other
Yards in C/OS, PF, C‑C, C-D, C-R, C-T, C-S, M and BP Zones*)
Rear Setback on a
Through Lot
As provided in zone of adjacent lot. See also Section 17.16.020.C.1 (*)
Maximum Building Height 45 feet See also Sections 17.16.020 and 17.16.040
Maximum Lot Coverage 100% See also Section 17.16.030
Maximum Floor Area Ratio The ratio of gross
building floor area to
site area shall not
exceed 3.0
Except, that Iin the dDowntown, as mapped in the gGeneral
pPlan lLand uUse eElement, a site that which receives
transfer of development credit for open space protection may
have an FAR of up shall have a ratio not to exceed 4.0.
Standard Lot Dimensions:
Minimum Lot Area 9,000 square feet See also Section 16.18.030 (Subdivisions; Lot Dimensions)
Minimum Lot Width 60 feet See also Section 16.18.030 (Subdivisions; Lot Dimensions)
Minimum Lot Depth 100 feet See also Section 16.18.030 (Subdivisions; Lot Dimensions)
Minimum Street Frontage 40 feet See also Section 16.18.030 (Subdivisions; Lot Dimensions)
Parking Requirements See Section 17.16.060.
Edge Condition
Requirements
See Section XXX
17.28.030 – Additional C-R Regulations
HA. Maximum Retail bBuilding sSize (60,000 Square Feet):. No retail establishment (commercial building) shall
exceed sixty thousand 60,000 square feet of gross floor area, unless excepted by subsection (BI) of this section
andor Section 17.16.035.
Attachment 3
ADMINISTRATIVE DRAFT
IB. Maximum Retail Building Size (140,000 Square Feet). An applicant may request a retail building larger than
60,000 square feet, but in not case larger than 140,000 square feet through the CondiitonalConditional Use Permit
process. IIn granting a request for aA retail establishment may be allowed of up to one hundred forty
thousand140,000 square feet of gross floor area, if the planning Planning cCommission determines that it meets
shall be required to make all of the following standards findings:
1. 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. 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.; and
3. 3. The new building is designed in compliance with the cCity’s dDesign gGuidelines for large-scale retail
projects. (Ord. 1500 § 3, (part), 2007; Ord. 1405 § 3 (part), 2001; Ord. 1365 § 3 (part), 2000: Ord. 1006 § 1
(part), 1984; Ord. 941 § 1 (part), 1982: prior code § 9203.9(B))
Attachment 3
ADMINISTRATIVE DRAFTCHAPTER 17.30. COMMERCIAL-COMMUNITY (C-C) ZONE
17.30.010 – Purpose and Application
17.41.010 Purpose and application.
The C-C zone is intended to provide foraccommodate a wide range of retail sales and personal services thato serve
community-wide needs within the context of distinctive, pedestrian-oriented shopping centers, which may
accommodate larger- scale uses that are not appropriate in the Downtown Core 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. (Ord. 1437 § 2 (part), 2003)
17.30.020 – Development Standards
17.41.020 Property development standards.
The property development standards for the C-C zone shall be as set forth in Table XX. are as follows:
Table X: Development Standards in the C-C Zone Development Standards
Development Standard C-C Zone Additional Regulations
Maximum Density 36 units/net acre See also Section 17.16.010
Minimum Front Setback As provided in zone of adjacent lot. See also Section 17.16.020.C.1 (*)See Section
17.16.020.
Minimum Side and Rear Setbacks
See Section 17.16.020.
Street Side Setback As provided in zone of adjacent lot. See also Section 17.16.020.C.1 (*)
Interior Side Setback and
Rear Setback
As provided in zone of adjacent lot. See also Section 17.16.020.C.2 (Minimum Other
Yards in C/OS, PF, C‑C, C-D, C-R, C-T, C-S, M and BP Zones*)
Rear Setback on a
Through Lot
As provided in zone of adjacent lot. See also Section 17.16.020.C.1 (*)
Maximum Building Height 35 feet See also Sections 17.16.020 and 17.16.040
Maximum Lot Coverage 75% See also Section 17.16.030
Maximum Floor Area Ratio The ratio of gross floor
area to site area shall
not exceed 2.0.
Standard Lot Dimensions:
Minimum Lot Area 6,000 square feet See also Section 16.18.030 (Subdivisions; Lot Dimensions)
Minimum Lot Width 60 feet See also Section 16.18.030 (Subdivisions; Lot Dimensions)
Minimum Lot Depth 90 feet See also Section 16.18.030 (Subdivisions; Lot Dimensions)
Minimum Street Frontage 40 feet See also Section 16.18.030 (Subdivisions; Lot Dimensions)
Parking Requirements See Section 17.16.060.
Edge Condition
Requirements
See Section XXX
(Ord. 1500 § 3 (part), 2007; Ord. 1437 § 2 (part), 2003)
Attachment 3
ADMINISTRATIVE DRAFT
CHAPTER 17.32. COMMERCIAL-DOWNTOWN (C-D) ZONE
17.32.010 – Purpose and Application
17.42.010 Purpose and application.
The C-D zone is intended to provide foraccommodate a wide range of retail sales, service, and entertainment uses
that respond to meeting community-wide and regional market demands, and to provide opportunities for and a variety
of housing types, including affordable workforce housing. The C-D zone is intended to be appliesed to within the
Ccity’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
generally will 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. (Ord. 1509 § 2 (part), 2007: Ord. 1438 § 1 (part), 2003: Ord. 1437 § 1 (part), 2003; Ord.
941 § 1 (part), 1982: prior code § 9203.10(A))
17.32.020 – Development Standards
17.42.020 Property development standards.
The property development standards for the C-D zone shall be as set forth in Table XX. are as follows:
Table X: Development Standards in the C-D Zone Development Standards
Development Standard C-D Zone Additional Regulations
Maximum Density 36 units/net acre Maximum density includesincluding dwelling units in hotels
and motels, but not including other hotel or motel rooms such
as conference rooms and dining facilities that are not
considered dwelling units. (Ssee also Section 17.16.010).
Minimum Front
YardSetback
As provided in zone of adjacent lot. See also Section 17.16.020.C.1 (*)See Section
17.16.020.
Minimum Side and Rear YardSetbacks
See Section 17.16.020.
Street Side Setback As provided in zone of adjacent lot. See also Section 17.16.020.C.1 (*)
Interior Side Setback and
Rear Setback
As provided in zone of adjacent lot. See also Section 17.16.020.C.2 (Minimum Other
Yards in C/OS, PF, C‑C, C-D, C-R, C-T, C-S, M and BP Zones*)
Rear Setback on a
Through Lot
As provided in zone of adjacent lot. See also Section 17.16.020.C.1 (*)
Maximum Building Height 50 feet Maximum hAdditional building height may be increased up up
to seventy-five75 feet with the provison of defined community
benefits, as set forth may be approved as provided under in
compliance with subsections (C)(1), (2), (3) and (4) of this
sectionSection 17.32.030.A (Requirements and Findings for
Height Increase in C-D Zone). See also Sections 17.16.020
and 17.16.040.
Minimum Building Height 2 stories The minimum building height regulations shall apply only to
the first 15 feet of building depth, as measured from the
building frontage.
Maximum Lot Coverage 100% See also Section 17.16.030
Maximum Floor Area Ratio 3.0 – maximum allowed for buildings up to fifty 50 feet in heighttall;
Attachment 3
ADMINISTRATIVE DRAFTTable X: Development Standards in the C-D Zone Development Standards
Development Standard C-D Zone Additional Regulations
3.75 – maximum allowed for buildings approved greater thanabove fifty 50 feet in
heighttall;
4.0 – maximum allowed for approved buildings over fifty 50 feet in height tall with
transfer of development credits for open space protection or historic preservation; or if a
density bonus for affordable housing is granted.
Maximum Building Size 60,000 gross square feet, unless excepted by subsection (D) of this section or Section
17.16.035.
Standard Lot Dimensions:
Minimum Lot Area 3,000 square feet See also Section 16.18.030 (Subdivisions; Lot Dimensions)
Minimum Lot Width 25 feet See also Section 16.18.030 (Subdivisions; Lot Dimensions)
Minimum Lot Depth 50 feet See also Section 16.18.030 (Subdivisions; Lot Dimensions)
Minimum Street Frontage 15 feet See also Section 16.18.030 (Subdivisions; Lot Dimensions)
Parking Requirements See Section 17.16.060.
Edge Condition
Requirements
See Section XXX
17.32.030 – Requirements and Findings for Height Increase in C-D Zone.Additional Regulations
A. Intent of Allowing Height Increases in the C-D Zone. These regulations are established to allow for buildings
higher than 50 feet in the C-D zone to encourage for creative building design, mixed-use developments, and
accommodation of additional residential units in the Downtown Core, provided that such taller buildings, through
discretionary review processes, contribute defined community benefits and can be found to be compatible with
adjacent buildings and the Downtown environment as a whole. A. Requirements and Findings for Height
Increase in C-D Zone.
B. 1. Performance Standards for Buildings Taller Higher Than Fifty 50 Feet (All Required). Buildings in the C-D
zone proposed to be higher taller than 50 feet in the C-D zone shall comply with all of the following performance
standards:
1a. The project mustshall include housing at a minimum residential density unit value of 24 twenty-four units per
acre. The average floor area of dwellings within the project shall be one thousand two hundred1,200 square
feet or less. (Group housing projects mustshall show demonstrate that the proposed building meets or
exceeds the population density that would otherwise be achieved by this standard.
)
1. b. For projects on sloping sites, the height limit on the downhill portion of the site shall be defined by a line
seventy-five75 feet above the average between the highest and lowest points of the site grade prior to
development, and seventy-five75 feet above the lowest point.
3. .
c. The applicant shall demonstrate that:
i. The project will exceed Title 24 California Energy Efficiency Requirements by a minimum of fifteen percent;
or
a.ii. 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
Attachment 3
ADMINISTRATIVE DRAFTb. iii. The project is designed to achieve a minimum value of fifty 50 points on the SLO green build
multifamily greenpoint checklist.
4. d. No more than thirty-three33 percent of the site area at the storefront level may be used for private parking
facilities.
e.
5. Lots shall conform to the minimum size and dimension requirements provided in Title 16, Subdivisions.
6. f. Through the Conditional Use Permit process, the Pplanning cCommission may grant minor exceptions to
the specific requirements listed in this section, s, ubject to a planning commissionConditional uUse pPermit
and provided a finding is made that, despite the exception, the project is consistent with the intent of this
Cchapter and Land Use ElementUE Policy 4.16.4.
C. 2. Community Benefit Requirements for Buildings up to 60 Feet.Buildings up to 60 Feet. The architectural
Architectural review Review Ccommission (ARC) may approve building height up to sixty 60 feet if the ARC
determines that the project includes at least two three policy objectivescommunity benefits from subsection E
(C)(34) of this sectionSection, with no more than two being from the same lettered subsection, and that any floor
area provided as a result of the height increase shall be utilized solely for residential development..
D. Community Benefit Requirements for 3. Buildings uUp to 75 Feet. The pPlanning cCommission may approve
a Conditional uUse pPermit allowing a maximum building height of seventy-five75 feet upon determining that at
least two three of community benefitsthe following policy objectives from subsection En (C)(4) of this Section, (
with no more than two being from the same lettered subsection,) are met, and at least one affordable and
workforce housing objective mustshall be chosen, and that any floor area provided as a result of the height
increase shall be utilized solely for residential development...
To approve a Conditional uUse pPermit, the pPlanning cCommission mustshall 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 Pplanning cCommission shall consider objectives related to
affordable and workforce housing, economic vitality, historic preservation, and open space preservation to be
especially important.)
E. Community Benefits43. Policy Objectives. The intent of the following policy objectives is to ensure that
buildings taller than fifty 50 feet proposed in the C-D zone include features that meet the specific policy objectives
outlined for tall buildings in the city’s gGeneral pPlan (including, but not limited to, Land Use Element Chapter
4.0). A variety of objectives are listed to ensure 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 bodyreview authority mustshall determine that the overall project is consistent with
the gGeneral pPlan, including goals and policies for view preservation, historical resource preservation, solar
access, and architectural character.
1a. Affordable and Workforce Housing.
ai. The project provides affordable housing, per in compliance with cCity standards, at the rate of five
percent for low-income households, or 10ten percent for moderate-income households, as a percentage
of the total number of housing units built (no in-lieu fee option).
ibi. The project qualifies for, and utilizes, a density bonus perin compliance with the cCity’s affordable
housing incentives (Chapter 17.90).
Attachment 3
ADMINISTRATIVE DRAFTciii. The project includes residential density greater than or equal to thirty-six36 units per acre and the
average floor area of units is one thousand 1,000 square feet or less. (Group housing projects mustshall
show that the proposed building meets or exceeds the population density that would otherwise be
achieved by this objective.)
2b. Pedestrian Amenities.
ai. 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.
bii. 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).
3c. View Access and Preservation.
a. 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.
bii. 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.
4d. Economic Vitality. The project provides additional economic benefit to the city City by providing retail sales
or hhospitality uses (subject to the city’s City’s transient occupancy tax) on multiple levels. Total floor area
dedicated to retail or hospitality uses mustshall exceed one hundred fifty150 percent of the building footprint.
5e. Historic Preservation.
ai. 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 Ccity’s inventory of historical resources through the recordation of an historic preservation
agreement.
bii. The project provides for preservation or adaptive reuse of all buildings on the cCity’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.
6f. Open Space Preservation. The project provides for the permanent preservation of open space land in the
Ccity’s greenbelt through land dedication, the recordation of a conservation easement, or other recognized
preservation method, to the approval of the cCity.
7g. Energy Efficiency.
i. The project is designed to meet the fossil fuel reduction standards established by the Architecture 2030
Challenge.
ii. The project is designed to exceed the Title 24 Energy Efficiency Requirements by a minimum of thirty
percent.
8h. Other Policy Objectives. The project directly implements specific and identifiable cCity objectives as set
forth in the gGeneral pPlan, the Downtown Concept Planconceptual plan for the city’s center, the downtown
strategic plan, or other key policy document, to the approval of the pPlanning cCommission. (This subsection
may be used to meet requirements for one policy objective.)
Attachment 3
ADMINISTRATIVE DRAFT4F5. Application Requirements. Planning applications submitted for new buildings over fifty 50 feet tallin height
shall include the following additional items to assist the creview authority ity in the analysis and decision-making
process:
1a. 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.
2b. Solar Shading Analysis. A written and graphic solar shading analysis showing the effects of shading on its
surroundings between ten a.m10:00 A.M. and three 3:00 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 City’s
solar access standards (Conservation Open Space Element Table 2).
3c. 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, subject to the approval of the Ppublic wWorks dDirector.
4d. Three-Dimensional Digital Model. A complete three-dimensional digital model of the proposed building,
consistent with the specifications for the cCity’s baseline 3-D digital model of the downtown core and suitable
for display on the cCity’s Internet website.
5e. Solid Waste Management Plan. A solid waste management plan to show how the project meets or exceeds
the city’s City’s solid waste guidelines, subject to the approval of the utilities Utilities dDirector. If any
exceptions to the solid waste guidelines are requested, the plan shall include a written explanation and
justification.
6f. Green Building Plan. A written green building plan shall be provided to indicate how the project complies
with performance standards for energy efficiency.
7g. Emergency Services Access Plan. A written and graphic plan created in consultation with the Ccity’s fire
marshal to show how access to upper floors for emergency response personnel will be provided.
8h. Public Safety Plan. A security plan created in consultation with the police Police department 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 time
frames for private security patrols to be in place.
9i. Utilities Infrastructure Analysis. A registeredn engineer’s evaluation of existing utilities infrastructure and
recommendations to ensure 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.
10j. Building Code Analysis. A building code analysis specifying the building’s allowable area, occupancy class,
occupancy load, and construction type.
17.32.040 – Exceptions to the Minimum Height Requirement
Attachment 3
ADMINISTRATIVE DRAFTThe review authority may approve an exception to the minimum height requirement of this Chapter, provided that at
least one of the following findings can be made:
1. The project is constrained by unusual parcel size, shape, or other features that the responsible review
authority accepts as rendering this requirement infeasible; or
2. The project is providing usable quasi-public or public open space on site, adjacent to the primary street right-
of-way.
2.
17.32.050 – Limitations on New Driveways
C. Vehicle Access. Although residential uses are encouraged in the C-D zone, it is not the intent of the Ccity 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, a Director’s
Actionn administrative use permit mustshall be approved to permit the installation of new driveway approaches
proposed after the effective date of the ordinance codified in this chapter. 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 bodyreview authority mustshall 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 (fewerless than 10ten 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 nonarterial 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.
I.D Maximum Building Size. No retail establishment (commercial building) shall exceed sixty thousand60,000 square
feet of gross floor area, unless excepted by subsection (JD) of this section and or Section 17.16.035.
17.32.060 – Large-Scale Retail
Retail buildings larger than 60,000 gross square feet but not more than 140,000 gross square feet in size may be
allowed subject to Conditional Use Permit approval. JE. Large-Scale Retail. In granting a request for Aa retail
establishment may be allowedof up to one hundred forty thousand140,000 square feet of gross floor area, the
Planning Commission shall make all of theif the planning commission determines that it meets the following standards
findings:
Attachment 3
ADMINISTRATIVE DRAFT1. 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.
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.; and
3. The new building is designed in compliance with the city’s City’s dDesign gGuidelines for large-scale retail
projects. (Ord. 1571 § 18, 2012; Ord. 1509 § 2 (part), 2007: Ord. 1500 § 3 (part), 2007; Ord. 1437 § 1 (part),
2003; Ord. 1405 § 3 (part), 2001; Ord. 1365 § 3 (part), 2000; Ord. 1346 § 2 (part), 1999; Ord. 1101 § 2, 1987;
Ord. 1074 § 2, 1986: Ord. 1050 § 1 (part), 1985: Ord. 1023 § 1, 1984: Ord. 1006 § 1 (part), 1984; Ord. 941 §
1 (part), 1982: prior code § 9203.10(B))
Attachment 3
ADMINISTRATIVE DRAFTCHAPTER 17.34. COMMERCIAL-TOURIST (C-T) ZONE
17.34.010 – Purpose and Application
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. (Ord. 1438 § 1 (part), 2003: Ord.
941 § 1 (part), 1982: prior code § 9203.11(A))
17.34.020 – Development Standards
17.44.020 Property development standards.
The property development standards for the C T zone shall be as set forth in Table XXare as follows.
:
Table X: C-T Zone Development Standards in the C-T Zone
Development Standard C-T Zone Additional Regulations
Maximum Density 12 units/net acre Maximum density includesing dwelling units in hotels and
motels, but not including other hotel or motel that are not
considered dwelling units. (Ssee also Section 17.16.010).
Minimum FrontYard
Setback
See Section 17.16.02010 feet
Minimum Side and Rear YardSetbacks
See Section 17.16.020
Street Side Setback 10 feet
Interior Side Setback and
Rear Setback
As provided in zone of adjacent lot. See also Section 17.16.020.C.2 (Minimum Other
Yards in C/OS, PF, C‑C, C-D, C-R, C-T, C-S, M and BP Zones*)
Rear Setback on a
Through Lot
10 feet
Maximum Building Height 45 feet See also Sections 17.16.020 and 17.16.040
Maximum Lot Coverage 75% See also Section 17.16.030
Maximum Floor Area Ratio The ratio of gross
building floor area to
site area shall not
exceed 2.5.
Standard Lot Dimensions:
Minimum Lot Area 9,000 square feet See also Section 16.18.030 (Subdivisions; Lot Dimensions)
Minimum Lot Width 60 feet See also Section 16.18.030 (Subdivisions; Lot Dimensions)
Minimum Lot Depth 100 feet See also Section 16.18.030 (Subdivisions; Lot Dimensions)
Minimum Street Frontage 40 feet See also Section 16.18.030 (Subdivisions; Lot Dimensions)
Maximum Retail Building
Size
45,000 gross square feet unless excepted by Section 17.16.035.
Parking Requirementts See Section 17.16.060.
Edge Condition
Requirements
See Section XXX
17.34.030 – Additional RegulationsMaximum Retail Building Size in C-R Zone
H. Maximum building size: No retail establishment (commercial building) shall exceed forty-five thousand45,000
square feet of total gross floor area, unless excepted by Section 17.16.035. (Ord. 1500 § 3 (part), 2007; Ord. 1405 § 3
(part), 2001; Ord. 1365 § 3 (part), 2000: Ord. 1006 § 1 (part), 1984; Ord. 941 § 1 (part), 1982: prior code §
9203.11(B))
Attachment 3
ADMINISTRATIVE DRAFT
CHAPTER 17.36. COMMERCIAL-SERVICE (C-S) ZONE
17.36.010 – Purpose and Application
17.46.010 Purpose and application.
The C-S zone is intended to provide for a wide range of service and manufacturing uses to meet localthe needs of the
city and some demands of the region, including services, limited retail, and other business service uses that may be
less appropriate in the Ccity’s other commercial zones. The C-S zone is also intended to , as well as
accommodateing 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 that have more public exposure on arterial streets than areas those
reserved for manufacturing uses. (Ord. 1438 § 1 (part), 2003: Ord. 1346 § 2 (part), 1999: Ord. 941 § 1 (part), 1982:
prior code § 9203.12(A))
17.36.020 – Development Standards
17.46.020 Property development standards.
The property development standards for the C-S zone shall be as set forth in Table XX. are as follows:
Table X: C-S Zone Development Standards in the C-S Zone
Development Standard C-S Zone Additional Regulations
Maximum Density 24 units/net acre See also Section 17.16.010
Minimum Front
YardSetback
Buildings ≤ 20 feet: 10 feet
Buildings > 20 feet: 15 feet
Where no building exists on the adjoining lotsadjoins, 5 feet
(requirement to provide areas for for parking lots and signs).
See also Section 17.16.020.
Minimum Side and Rear YardSetbacks
As provided in the zone of any adjacent lot. See also Section 17.16.020.
Street Side Setback Buildings ≤ 20 feet in
height: 10 feet
Buildings > 20 feet in
height: 15 feet
Where no building adjoins, 5 feet (requirement for parking lots
and signs).
Interior Side Setback and
Rear Setback
As provided in the zone of theany adjacent lot. See also Section 17.16.020.
Rear Setback on a
Through Lot
Buildings ≤ 20 feet in
height: 10 feet
Buildings > 20 feet in
height: 15 feetBuildings ≤
20 feet: 10 feet
Buildings > 20 feet: 15 feet
Where no building adjoins, 5 feet (requirement for parking lots
and signs).Same as Front Setback
Maximum Building Height 35 feet See also Section 17.16.020 and 17.16.040
Maximum Lot Coverage 75% See also Section 17.16.030
Maximum Floor Area Ratio The ratio of gross building
floor area to site area shall
not exceed 1.5.
Standard Lot Dimensions:
Minimum Lot Area 9,000 square feet See also Section 16.18.030 (Subdivisions; Lot Dimensions)
Minimum Lot Width 60 feet See also Section 16.18.030 (Subdivisions; Lot Dimensions)
Minimum Lot Depth 100 feet See also Section 16.18.030 (Subdivisions; Lot Dimensions)
Minimum Street Frontage 40 feet See also Section 16.18.030 (Subdivisions; Lot Dimensions)
Parking Requirements See Section 17.16.060.
Attachment 3
ADMINISTRATIVE DRAFTEdge Condition
Requirements
See Section XXX
17.36.030 – Off-street Loading RequirementsAdditional Regulations
HA. Off-S street lLoading rRequirements. TIn the C-S zone, the following minimum number of loading spaces shall
be provided::
Gross Floor Area of Building Number of Spaces Required
1,000 to 9,999 None
10,000 to 29,999 1
30,000 to 99,999 2
100,000 and more 3
17.36.040 – Maximum Retail Building Size in the C-S Zone
IB. Maximum Retail bBuilding sSize in C-S zone:. No retail establishment (commercial building) shall exceed
60,000 sixty thousand square feet of gross floor area, unless excepted by Section 17.16.035. (Ord. 1500 § 3 (part),
2007: Ord. 1405 § 3 (part), 2001; Ord. 1365 § 3 (part), 2000: Ord. 941 § 1 (part), 1982: prior code § 9203.12(B))
Attachment 3
ADMINISTRATIVE DRAFT
CHAPTER 17.38. RESERVED
CHAPTER 17.40. MANUFACTURING (M) ZONE
17.40.010 – Purpose and Application
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 allowed 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. (Ord. 1438 § 1 (part), 2003: Ord. 941 §
1 (part), 1982: prior code § 9203.13(A))
17.40.020 – Development Standards
17.48.020 Property development standards.
The property development standards for the M zone shall be as set forth in Table XX. are as follows:
Table X: M Zone Development Standards in the M Zone
Development Standard M Zone Additional Regulations
Maximum Density 24 units/net acre see See also Section 17.16.010
Minimum Front
YardSetback
Buildings ≤ 20 feet: 10 feet
Buildings > 20 feet: 15 feet
Where no building exists on the adjoining lotss, 5 feet
(requirement to provide areas for parking lots and signs). See
also Section 17.16.020.
Minimum Side and Rear YardSetbacks
As provided in the zone of any adjacent lot. See also Section 17.16.020.
Street Side Setback Buildings ≤ 20 feet in
height: 10 feet
Buildings > 20 feet in
height: 15 feet
Where no building adjoins, 5 feet (requirement for parking lots
and signs).
Interior Side Setback and
Rear Setback
As provided in the zone of any adjacent lot. See also Section 17.16.020.
Rear Setback on a
Through Lot
Buildings ≤ 20 feet in
height: 10 feet
Buildings > 20 feet in
height: 15 feet
Where no building adjoins, 5 feet (requirement for parking lots
and signs). Same as Front Setback
Maximum Height 35 feet See also Sections 17.16.020 and 17.16.040
Maximum Lot Coverage 75% See also Section 17.16.030
Maximum Floor Area Ratio the ratio of gross building
floor area to site area shall
not exceed 1.5
Standard Lot Dimensions:
Minimum Lot Area 9,000 square feet See also Section 16.18.030 (Subdivisions; Lot Dimensions)
Minimum Lot Width 60 feet See also Section 16.18.030 (Subdivisions; Lot Dimensions)
Minimum Lot Depth 100 feet See also Section 16.18.030 (Subdivisions; Lot Dimensions)
Minimum Street Frontage 40 feet See also Section 16.18.030 (Subdivisions; Lot Dimensions)
Parking Requirements See Section 17.16.060.
Edge Condition
Requirements
See Section XXX
Attachment 3
ADMINISTRATIVE DRAFT
Attachment 3
ADMINISTRATIVE DRAFT17.40.030 – Additional Regulations Off-Street Loading Requirements in M Zone
In the M zone, the following minimum number of loading spaces shall be provided:H. Off street loading requirements:
Gross Floor Area of Building Number of Spaces 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 Chapter 17.18, Performance Standards.)
(Ord. 1500 § 3 (part), 2007: Ord. 1365 § 3 (part), 2000: Ord. 1085 § 1 Ex. A (part), 1987; Ord. 941 § 1 (part), 1982:
prior code § 9203.13(B))
Attachment 3
ADMINISTRATIVE DRAFT
CHAPTER 17.42. BUSINESS PARK (BP) ZONE
17.42.010 – Purpose and Application
17.49.010 Purpose and application.
The BP zone is intended to provide for research and development, light manufacturing, and business services
in a campus setting with high- quality design of public and private facilities. The BP zone shall be applied ning is found
only to properties within the Aairport Aarea Specific Plan and Margarita Aarea Sspecific Pplan, and consistent with the
land use policies and designations of those specific plans boundaries.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. (Ord. 1571 § 19 (part), 2012)
17.42.020 – Development Standards
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 established for the Airport Area Specific Plan and Margarita
Area Specific Plan, respectively, shall that apply to properties zoned BP. 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.
A. Airport Area Specific Plan.
1. SetbackYards. Setback distance between:
a. Buildings and property lines along streets, sixteen 16 feet;
b. Parking lots and property lines along streets, ten10 feet;
c. Buildings and property lines between adjacent parcels, zero;
d. Parking lots and property lines between adjacent parcels, five feet.
2. Maximum Height.
a. Occupied buildings, forty-five 45 feet (not to exceed three stories);
b. Nonoccupied architectural features, fifty-two 52 feet.
3. Coverage.
a. Maximum coverage by buildings, driveways, and parking shall not exceed 80 eighty percent.
b. Minimum landscape area (planning areas, water features, and hard surfaces used mainly by pedestrians) shall be
at least twenty 20 percent of site area.
4. Maximum Floor Area Ratio.
a. Warehousing, storage, or automated manufacturing uses shall not exceed 1.0;
b. All other uses shall not exceed 0.6.
5. Standard Lot Dimensions.
a. Minimum lot area: One-half 0.5 acre;
b. Minimum lot width: One hundred 100 feet;
c. Minimum lot depth: One hundred 100 feet;
d. Maximum lot depth to width ratio shall be three to one;
e. Minimum street frontage: Fifty 50 feet.
B. Margarita Area Specific Plan (Low-Rise Office).
Attachment 3
ADMINISTRATIVE DRAFT
1. Yards Setbacks. Setback distance between:
a. Buildings and property lines along streets, fifteen 15 feet;
b. Parking lots and property lines along streets, fifteen 15 feet;
c. Buildings and property lines between adjacent parcels, five feet;
d. Parking lots and property lines between adjacent residential parcels, three feet;
e. Parking lots and property lines between adjacent nonresidential parcels, zero.
2. Maximum Height.
a. Occupied buildings, twenty-five25 feet;
b. Single-story masonry area, one occupied level, not to exceed 36 thirty-six feet.
3. Coverage: Minimum landscape area (planning areas, water features, and hard surfaces used mainly by
pedestrians) shall be at least twenty 20 percent of site area.
4. Maximum floor area ratio: The ratio of gross building floor area to site area shall not exceed 0.29.
5. Standard lot dimensions: Same as oOffice zone.
C. Margarita Area Specific Plan (General Business Park).
1. Yards Setback. Setback distance between:
a. Buildings and property lines along streets, twenty 20 feet;
b. Parking lots and property lines along streets, twenty 20 feet;
c. Buildings and property lines between adjacent parcels, zero;
d. Parking lots and property lines between adjacent residential parcels, N/A;
e. Parking lots and property lines between adjacent nonresidential parcels, zero.
2. Maximum Height.
a. Occupied buildings, thirty-six 36 feet;
b. Nonoccupied architectural features such as towers may extend to forty-five45 feet.
3. Coverage: Minimum landscape area (planning areas, water features, and hard surfaces used mainly by
pedestrians) shall be at least fifteen 15 percent of site area.
4. Maximum floor area ratio: The ratio of gross building floor area to site area shall not exceed 0.44.
5. Minimum land parcel size: One acre.
D. Parking:. The parking requirements inWithin the low-rise office and general business park areas are as follows:
1. For all uses, parking will be provided at a rate of not less than one space per five hundred500 square feet of gross
floor area, nor more than one space per three hundred300 square feet of gross floor area, unless excepted by the
following:.
Exceptions:
a1. Medical offices may, but are not required to, provide parking at a ratio of one space per two hundred200 square
feet.
2b. For warehousing, parking will be provided at a rate of not less than one space per one thousand five
hundred1,500 square feet of gross floor area, nor more than one space per one thousand 1,000 square feet of gross
floor area. (Ord. 1571 § 19 (part), 2012)
Attachment 3
ADMINISTRATIVE DRAFT
Attachment 3
ADMINISTRATIVE DRAFTCHAPTER 17.46. PUBLIC FACILITY (PF) ZONE
17.46.010 – Purpose and Application
17.36.010 Purpose and application.
A. The PF zone is intended to provide for the a wide range of public , cultural, and quasi-public uses likely to be
located on public propertythato meet the needs of Ccity and Ccounty residents. Public uses are those conducted by
governmental or nonprofit agencies. However, the PFis zone will also accommodatesprovide for compatible
complementary private and commercial uses which, within the overall guidance of the Ggeneral Pplan, 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. 1346 § 2 (part), 1999; Ord. 1016 § 1
(part), 1984: Ord. 941 § 1 (part), 1982: prior code § 9203.7(A))
17.46.020 – Development Standards
17.36.020 Property development standards.
The property development standards for the PF zone shall be as set forth in Table XX. are as follows:
Table X: PF Zone Development Standards in the PF Zone
Development Standard PF Zone Additional Regulations
Minimum Front
YardSetback
As provided in zone of adjacent lot. See also Section 17.16.020.C.See Section 17.16.020.1
(*)
Minimum Side and Rear YardSetbacks
See Section 17.16.020.
Street Side Setback As provided inrequired for the zone of the adjacent lot. See also Section 17.16.020.C.1 (*)
Interior Side Setback and
Rear Setback
As provided inrequired for the zone of the adjacent lot. See also Section 17.16.020.C.2
(Minimum Other Yards in C/OS, PF, C‑C, C-D, C-R, C-T, C-S, M and BP Zones*)
Rear Setback on a
Through Lot
As provided inrequired for the zone of the adjacent lot. See also Section 17.16.020.C.1 (*)
Maximum Building Height 35 feet See also Sections 17.16.020 and 17.16.040
Maximum Lot Coverage 60% See also Section 17.16.030
Maximum Floor Area Ratio The ratio of gross building floor area to site area shall not exceed:
1. For a parcel adjacent to a C-D zone: 2.0;
2. For a parcel not adjacent to any zone other than C-D zone: 1.0.
Standard Lot Dimensions:
Minimum Lot Area 6,000 square feet See also Section 16.18.030 (Subdivisions; Lot Dimensions)
Minimum Lot Width 60 feet See also Section 16.18.030 (Subdivisions; Lot Dimensions)
Minimum Lot Depth 90 feet See also Section 16.18.030 (Subdivisions; Lot Dimensions)
Minimum Street Frontage 40 feet See also Section 16.18.030 (Subdivisions; Lot Dimensions)
Parking Requirements See Section 17.16.060.
Edge Condition
Requirements
See Section XXX
(Ord. 1500 § 3 (part), 2007; Ord. 1437 § 1 (part), 2003; Ord. 1365 § 3 (part), 2000: Ord. 1016 § 1 (part), 1984: Ord.
941 § 1 (part), 1982: prior code § 9203.7(B))
17.46.030 – Public School Tenant Uses
17.36.030 Public school tenant uses.
Attachment 3
ADMINISTRATIVE DRAFTA. Purpose, Scope, and Duration. In order to allow more complete use of space made available by declining
student enrollment in public schools, certain commercial activities may be established in the public schools not
being used for public school purposes due to temporary or permanent school closure, in addition to the uses
listed in Table 9 (Section 17.22.010) of this Title 17ese regulations. Notwithstanding any other provisions of these
regulations to the contrary and in conformance with the general General planPlan, the following provisions shall
apply to such uses.
B. Time Limits. For any commercial activities occurring at a public school with a valid permit pursuant to the
provisions of this Section, tThe director Director may act to extend any suchall temporary permits, regardless of
the type of permit. The process of extending such permit shall be by Director’s Action, as set forth in Chapter XX
(Director’s Action) of this Title.
CB. Uses Allowed by Director’s Action.Public School Tenant Permit. The dDirector may approves via
Director’s Action, as set forth in Chapter XX (Director’s Action), the school tenant uses listed in this subsection
public school tenant permits subject to the standards in subsection (GF) of this sectionSection. The director
Director may establish conditions to further the intent of this sectionSDection. A public notice shall be posted at
the site of each proposed school tenant use. If anyone informs the community Community development
Development department 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
Director shall schedule a hearing for the application as provided for a administrative Minor uUse pPermits. If no
questions or objections are received by the community Community development Development department
Department that cannot be resolved, the director Director may issue the permit upon submission of all required
information and without further notice or public hearing.
The following school tenant uses may be established by Director’s Action 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, or similar service.;
4. Stenographic, court reporting, typing, graphic design, editing, and translating services.;
5. Child day care.
DC. Uses Allowed with a Administrative Minor Use PermitApproval. The following uses may be established
within public schools in the PF zone subject to approval of an administrative use a Minor Use pPermit, as provided in
Chapter XX (Minor Use Permits) andSections 17.58.020 through 17.58.080, subject to the standards in subsection
G(F) of this sectionSection, the following uses
.
1. Office – Business and service Professional Offices.;
2. Government agency administrative offices with infrequent visitation;
3. Social service organizations;
Attachment 3
ADMINISTRATIVE DRAFT423. Studio – Art, dance, martial arts, music, etcInstructional Services..;
34. Personal Services;
5. Office for equipment sales or repair, excluding on-site sales or vehicle repair;
645. Clothing repair or alteration and repair of small appliances, watches, musical instruments and similar
items;Maintenance and Repair Services.;
7. Processing offices;
8. Maintenance service, client site services.
ED. Uses Allowed with Planning Commission ApprovalConditional Use Permit. The following uses may be
established within public schools in the PF zone subject to approval of a Conditional Use Permit, as provided in
Chapter XX (Conditional Use Permits), and subject to the standards in subsection G of this Section.
:
the pPlanning cCommission approves a Conditional uUse pPermit, as provided in Section 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. Business sSupport sServices.;
2. LibraryCultural Institutions.
, museum.
FE. Other Uses Allowed. Other uses may be allowed via Director’s Action, by Minor Use Permit, or by Conditional
Use Permit, or allowed with administrative Director or pPlanning cCommission approval. Upon receipt of an
application for a use not listed in subsections C, D, and E above, tThe community development dDirector
mustshall determine whetherthat the use is similar in character and impacts on its surroundings to one of those
listed in subsections C,D, or E above and shall determine the permit process required, or shall determine that the
use does not (B)meet the intent , (C) or (D) of this sectionSection and therefore is not allowed..
F. Development and Performance Standards. The following standards shall be conditions of approval for all types
of permits. Whether these standards can reasonably be met shall be considered by the review authority when
deciding if a use pUse pPermit should be approved for a specific use in a specific location:
1. Parking as required by Chapter XX (Off-street Parking and Loading)Section 17.16.060 shall be provided.;
2. There will be aAdequate space for the function itself and supporting activities such as parking shall be
provided, 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 is provided by the permittee that the building will be restored for
school use upon termination of the lease or permit.;
4. MThere will be minimal customer, client, or delivery traffic will occur, to the satisfaction of the review
authority;
5. Clients or customers shall not visit the leased space between eleven 11`:00 P.M. PM and 7:00 AM. seven a.m.;
Attachment 3
ADMINISTRATIVE DRAFT
6. MThere will be minimal employee activity will occur at night and on weekends, to the satisfaction of the
review authority.;
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 subsection (GF)(3) of this
subsection.;
8. No vehicle larger than a three-quarter-ton truck may shall be used by any 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 mustshall meet fire Fire department Department standards for access, hydrant locations, and fire
flow prior to occupancy. (Ord. 1500 § 3 (part), 2007; Ord. 1016 § 1 (part), 1984: Ord. 941 § 1 (part), 1982:
prior code § 9203.7(C))
Attachment 3
ADMINISTRATIVE DRAFT
CHAPTER 17.52. PLANNED DEVELOPMENT (PD) OVERLAY ZONE
17.52.010 – Purpose
17.50.010 Purpose.
The PD overlay zone is intended to provide for flexibility in the application of zoning standards to for 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 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. (Ord. 1438 § 4 (part), 2003)
17.52.020 – Applicability
17.50.020 Applicability.
A. Timing of Rezoning. Application of the PD overlay zone PD rezoning shall occur simultaneously with the
approval of a specific project through the planned development process (Chapter 17.62).
B. Where AllowedMinimum One Acre Required. The PD overlay zone may be applied to any parcel or contiguous
parcels of at least one net acre in size.
C. General Plan Compliance. The preparation, review, and approval of a PD overlay zone shall require strict
compliance with the general General pPlan and any applicable specific plan.
D. Relationship of PD Overlay Zone to Primary Zoning DistrictZone.
1. Allowable Land Uses. Any use or combination of uses allowed by Section 17.22.010 (Uses allowed by
zones) within the underlying zoning districtzone 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 zone shall
allow a land use that is not allowed in the primary zoning districtzone, or by the Ggeneral Pplan or any
applicable specific plan.
2. Planning Permit Requirements. Development and new uses within the PD overlay district zone 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 zone shall comply with all applicable development standards of the underlying zone, except as
specifically modified, waived, or augmented by the PD overlay zone.
E. Scope of Approval. The application of the PD overlay zone to property may include the adjustment or
modification, where necessary and justifiable, of any applicable development standard of these zoning
regulationsthis Title 17 (e.g., building height, floor area ratio, parcel size, parking, setbacks, etc.), or of the city’s
City’s subdivision regulations. The maximum density as allowed by cross-slope percent may be adjusted but shall
not exceed the maximum density allowed in the average cross-slope category zero through fifteen 15 percent for
the applicable zoning districtzone. (Ord. 1553 § 21, 2010; Ord. 1438 § 4 (part), 2003)
17.52.030 – Phasing
17.62.070 Phasing.
Attachment 3
ADMINISTRATIVE DRAFTIf 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. (Ord. 941 § 1 (part), 1982: prior code § 9204.4(G))
Attachment 3
ADMINISTRATIVE DRAFTCHAPTER 17.54. SPECIFIC PLAN (SP) OVERLAY ZONE
17.54.010 – Purpose and Application
17.52.010 Purpose and application.
The Specific Plan Specific Plan ((SP)) overlay zone is established to implement Sections 65450 through 65457 of the
California Government Code. As provided for in the Government Code, a Specific Plan is designed to provide for
flexibility, innovative use of land resources and development, a variety of housing and other development types, and
an effective and safe method of pedestrian and vehicular circulation. The SP overlay zone is intended to translate the
provisions of an adopted specific plan into regulations for the subsequent development of land. The SP overlay zoneIt
will be applied to areas for which a specific plan has been adopted or where the Ggeneral pPlan calls for a specific
plan prior to development, generally within residential expansion areas. (Ord. 941 § 1 (part), 1982: prior code §
9203.15(A))
17.54.020 – Allowed Uses
17.52.020 Allowed uses.
Prior to adoption of a specific plan, areas in the SP overlay 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 applicable specific plan.
(Ord. 941 § 1 (part), 1982: prior code § 9203.15(B))
17.54.030 – Development Standards
17.52.030 Property development standards.
A. Density. Residential density shall be as provided in the applicable specific plan.
B. Development Standards. Height, yardssetbacks, lot coverage, and parking shall be as provided in the applicable
specific plan. If the specific plan does not contain explicit provisions on these items, they shall be provided as
required for in the underlying zone.
C. Additional Regulations. Other development features explicitly contained in the applicable specific plan, such as
landscaping, building siting and form, and circulation, shall be as provided in the specific plan. Where a specific
plan is silent with regard to particular development standards, the provisions of the underlying zone these Zoning
Regulations shall govern. (Ord. 941 § 1 (part), 1982: prior code § 9203.15(C))
Attachment 3
ADMINISTRATIVE DRAFTCHAPTER 17.56. SPECIAL FOCUS AREA (S-F) OVERLAY ZONE
17.56.010 – Purpose and Application
17.53.010 Purpose and application.
The Special Focus (S-F) arAreas are those areas that are identified explicitly in the General Plan as areas that to
present opportunities for to develop customized land use approaches and/or special design implementation to
enhance the use and conditions in these areas and to ir appearance and achieve their respective development
potential consistent with General Plan land use policies. The S-F overlay zone is intended to translate the provisions
of Ggeneral Pplan Land Use Element Chapter 8 (Special Focus Areas) into regulations for the subsequent
development of land. The S-F overlay zonbe It will be applied to areas identified in Chapter 8 as sSpecial
Focusplanning aAreas, where the general General pPlan Land Use Element calls for special design concepts. (Ord.
1610 § 4 (part), 2014)
17.56.020 – Allowed Uses
17.53.020 Allowed uses and development standards.
All development within the special planning areas shall adhere to the requirements of the underlying zone district and
the provisions for each of the respective special planning areas, as described in Chapter 8 of the Land Use Element.
17.56.030 020 -– Allowed Uses and Development Standards
17.53.020 Allowed uses and development standards.
A. Development Objectives. All development within any S-F overlay zone the special Special planning Focus areas
Areas shall adhere to the requirements of the underlying zone district and the provisions for each of the
respective spSpecial Focus planning areas, as described in Chapter 8 of the Land Use Element. In addition,
development objectives within each S-F overlay zone of the special Special planning Focus aAreas shall be
interpreted by the community development director or applicable review authority advisory body or commission in
order to achieve the development objectives of the applicable sSpecial fFocus AAareas. Where provisions of the
underlying zone and Land Use Element Chapter 8 conflict, Land Use Element policies shall take precedence.
B. Planning Commission Review. Planning Ccommission review and approval are required for the following
special focus areas: Foothill Boulevard/Santa Rosa, Caltrans Site, Madonna Inn Area, Sunset Drive-In
Theater/Prado Road Area, LOVR Creekside Area as shown in the Land Use Element. (Ord. 1610 § 4 (part),
2014)
17.56.040 030 – Subsequent Amendments
17.53.030 Subsequent amendments.
Minor adjustments to internal the overlay zone district boundaries that implement a within each of the special Special
planning Focus Aareas may be proposed or required during development review based on physical site conditions,
environmental impacts, and other factors, as deemed appropriate in order to best implement policies and programs
contained in the general General planPlan. (Ord. 1610 § 4 (part), 2014)
Attachment 3
ADMINISTRATIVE DRAFTCHAPTER 17.XX. DOWNTOWN (D) OVERLAY ZONE
17.58.010 – Purpose and Application
The Downtown (D) overlay zone is intended to implement the vision of the Downtown Concept Plan, which is stated
as follows:: “As the heart of our community, downtown San Luis Obispo will serve as the center for arts, culture,
shopping, entertainment, and government. A well-balanced mix of uses makes the downtown economically, culturally,
and socially vibrant, and its authenticity creates a welcoming, livable atmosphere. It is our urban neighborhood.”
17.36.020 – Allowed Uses and Development Standards
All uses and development within the D overlay zone shall adhere to the requirements of the underlying zone and the
provisions of the Downtown Concept Plan. Where provisions of the underlying zone and Downtown Concept Plan
conflict, the Downtown Concept Plan policies shall take precedence.
17.36.030 – Findings
Attachment 3
ADMINISTRATIVE DRAFTCHAPTER 17.58. HISTORICAL PRESERVATION (H) OVERLAY ZONE
17.58.010 – Purpose and Application
17.54.010 Purpose and application.
A. Purpose. The H overlay zone is established to identifyies parcels, areas, or structures that (1) are architecturally
or historically important, and (2) may be eligible for benefits offered through the city’s City’s historical preservation
program.
B. Application. The H overlay 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 Ccity’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 Ccity, region, Sstate, or nation. (Ord. 1086 § 1 Ex. A (part), 1987)
17.58.020 – Allowed Uses
17.54.020 Allowed uses.
Uses shall be regulated as provided in the underlying zone. (Ord. 1086 § 1 Ex. A (part), 1987)
17.56.030 – Development Standards
17.54.030 Property development standards.
Property development standards shall be as established by the underlying zone. (Ord. 1086 § 1 Ex. A (part), 1987)
Attachment 3
ADMINISTRATIVE DRAFT 17.56.040 – Review Procedures
Refer to Municipal Code Chapter 14.01 establishes the for review and proceduresss for development applications for
properties procedures within the H overlay zone.
Attachment 3
ADMINISTRATIVE DRAFTCHAPTER 17.60. MIXED USE (MU) OVERLAY ZONE
17.60.010 – Purpose
17.55.010 Purpose.
The Mixed Use Mixed Use ((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 at the discretion of the
property owneroptional.
The primary purpose of the MU overlay zone is to provide a means for the cCity 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 mixed-
use projects, where ground- floor street frontages are occupied by retail, business, or personal services uses with and
residential uses are located above, or to the rear of a site. The MU overlay zone 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 vehicle travel by providing services, jobs, and housing in proximity. The city City desires
the safety provided by having residential components in commercial areas. (Ord. 1438 § 5 (part), 2003)
17.60.020 – Application and Procedure
17.55.020 Application and procedure.
A. Initiation. Application of the MU overlay zone may be initiated by the city cCouncil or pPlanning cCommission, to
ensure that mixed residential and commercial uses will be included when certain parcels are developed or
redeveloped, or by a property owner.
B. Ordinance Contents. An ordinance adopting an MU overlay zone shall specify the following items and may
include any other standard that would further the purpose and intent of this Cchapter:
1. 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. Land Use Regulations - Underlying Zone AppliesLand Uses. Each land use proposed on a site subject to the
MU overlay zone shall be authorized in compliance with the permit requirements of Section 17.22.010 (Uses
allowed by zones) that apply to the underlying zone. (Ord. 1438 § 5 (part), 2003)
17.60.030 – Development and Design Standards
17.55.030 Property development standards.
Property development standards shall be those of the underlying zone, except that the application of the MU overlay
zone to a property may include establishing a higher height limit than the underlying zone, to more effectively
accommodate the residential component of a mixed- use project. Any such request for a higher height limit shall be
set forth in the subject application and shall be reviewed by the applicable review authority as part of the overall
application. Proposed development and new land uses shall also comply with all applicable provisions of Section
17.08.072 (Mixed -use projectsDevelopments). (Ord. 1438 § 5 (part), 2003)
Attachment 3
ADMINISTRATIVE DRAFTCHAPTER 17.62. SPECIAL CONSIDERATION (S) OVERLAY ZONE
17.62.010 – Purpose and Application
17.56.010 Purpose and application.
The S overlay zone has two purposes:
A. 1) Minor Use Permit. In combination with any zone, to require approval of an administrative Minor uUse pPermit
before any use may be established. The uUse pPermit requirement is intended to assure ensure compatibility of the
use with its surroundings or conformance with the gGeneral planPlan, 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 historic, scenic, or ecological
sensitivity, wildlife habitat, or wildland fire hazard.; and 2)
B. Minimum Parcel Size. In combination with any other zone, to require a larger minimum parcel size than is required
by the underlying zone. In such cases, the larger parcel size it will be designated on the zone map as, for
examplee.g., R-1-S-3, which indicates a minimum parcel size of three acres.
(Ord. 1265 § 2 Ex. A, 1994; Ord. 941 § 1 (part), 1982: prior code § 9203.17(A))
17.62.020 – Application
A. Initiation. Application of the S overlay zone may be initiated by the Council or Planning Commission, to ensure
that specific site features are considered during future project development.
C. B. Ordinance Contents. The ordinance adopting the S overlay zone will shall specify the considerations to
be addressed, and which of the findings listed in Section 17.62.060 will be required for project approval.,
Tand the ordinance overlay number indicated in the Ordinance will shall be incorporated inshown on the
official zone map designation.
17.62.0370 – S Overlay Zones Applied
17.62.020 0430 – Allowed Uses
17.56.020 Allowed uses.
Subject to approval of an administrativeMinor uUse pPermit, any allowed or conditionally allowed use in the
underlying zone may be established. (Ord. 1265 § 2 Ex. A, 1994; Ord. 941 § 1 (part), 1982: prior code § 9203.17(B))
17.62.030 0540 – Development Standards
17.56.030 Property development standards.
As provided in Sections 17.58.020 through 17.58.080Chapter 17.58 (Use Permits) and in order to fulfill the intent of
these regulations,, the planning commissionreview authority 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. 1265 § 2 Ex. A, 1994; Ord. 941 § 1 (part), 1982: prior code § 9203.17(C))
17.62.040 0650 – Waiver of Use Permit Requirement with Subdivision Map
Attachment 3
ADMINISTRATIVE DRAFT17.56.040 Procedure—Subdivisions—Waiver of use permit requirement when property subject to subdivision
map application.
The director Director may waive the requirement for a Minor use Use pPermit when property proposed for
development is the subject of a subdivision map application. (Ord. 1265 § 2 Ex. A, 1994; Ord. 941 § 1 (part), 1982:
prior code § 9203.17(D))
17.62.0760 – Required Findings
A. General Plan Policy. Where the S overlay zone is applied to implement a specific General Plan policy, the
approval of any project in the applicable S overlay zone shall require that the review authority find:
That the project meets the zoning standards applicable to the property, including requirements codified
through an ordinance establishing an S overlay zone for the project; and
1.
2. That the project conforms with the purpose, intent, and provisions of the General Plan policy for which the S
overlay zone was applied.
B. Compatibility with Surroundings: Nonresidential Projects. Where the S overlay zone is applied to ensure
compatibility with surrounding uses, neighborhoods, or conditions, the approval of any project in the S overlay
zone shall require that the review authority find:
1. That the project meets the zoning standards applicable to the property, including requirements codified
through an ordinance establishing an S overlay zone for the project;
2. That the project will enhance the built environment in the surrounding context or will perform a function or
provide a service that is essential or beneficial to the community;
3. That the project’s location, size, height, operations, and other significant features will be compatible with and
will not adversely affect or further degrade adjacent properties, the surrounding neighborhood, or the public
health, welfare, and safety;
4. That the project provides for an arrangement of uses, buildings, structures, open spaces and other
improvements that are compatible with the scale and character of the adjacent properties and surrounding
neighborhood; and
5. That the project substantially conforms with the purpose, intent, and provisions of the General Plan, any
applicable area plan or specific plan, and applicable Citywide Design Guidelines.
C. Compatibility with Surroundings: Residential Projects. Any residential use shall not be subject to Subsection
17.XX.XXX.B (Compatibility with Surroundings: Nonresidential Projects); for residential uses, Section XXX shall
apply.
D. Noise Exposure. Where the S overlay zone is applied to prevent exposure of sensitive receptors to harmful
noise levels, the approval of any project in the S overlay zone shall require that the review authority find:
1. That the project meets the zoning standards applicable to the property, including requirements codified
through an ordinance establishing an S overlay zone for the project; and
Attachment 3
ADMINISTRATIVE DRAFT2. That the project demonstrates consistency with maximum interior and exterior noise limits as indicated in
Chapter 9.12 (Noise Control) of the Municipal Code3 by providing noise analysis, construction details, or other
information deemed necessary by the Director to verify conformance with maximum noise limits, or provides
adequate mitigation to address potential impacts related noise exposure.
D. Flood Hazard. Where the S overlay zone is applied to prevent impacts from flood hazards, the approval of any
project in the S overlay zone shall require that the review authority find:
1. That the project meets the zoning standards applicable to the property, including requirements codified
through an ordinance establishing an S overlay zone for the project; and
2. The project demonstrates avoidance of flood hazards or will provide adequate mitigation to address potential
impacts related to flood hazards.
E. Airport Hazard. Where the S overlay zone is applied to ensure a project is not impacted by airport hazards, the
approval of any project in the S overlay zone shall require that the review authority find:
1. That the project meets the zoning standards applicable to the property, including requirements codified
through an ordinance establishing an S overlay zone for the project; and
2. That the project demonstrates avoidance of airport hazards or will provide adequate mitigation to address
potential impacts related to airport hazards.
F. Hillsides/Slope Instability. Where the S overlay zone is applied to ensure development is appropriately
designed in hillside areas, the approval of any project in the S zone shall require that the review authority find:
1. That the project meets the zoning standards applicable to the property, including requirements codified
through an ordinance establishing an S overlay zone for the project;
2. That the project is designed and will be developed to preserve to the greatest extent practicable the natural
features of the land, including the existing topography and landscaping; and
3. That the project is designed and will be developed to be consistent with the Community Design Guidelines for
hillside development.
G. Historical Resource Sensitivity. Where the S overlay zone is applied to prevent impacts to historical resources,
the approval of any project in the S zone shall require that the review authority find:
1. That the project meets the zoning standards applicable to the property, including requirements codified
through an ordinance establishing an S overlay zone for the project; and
2. That the project is designed and will be developed to be consistent with the Community Design Guidelines for
historical resource preservation and applicable requirements of Municipal Code Chapter 14.01.
H. Scenic or Ecological Sensitivity. Where the S overlay zone is applied to prevent impacts to scenic or
ecologically sensitive areas, the approval of any project in the S zone shall require that the review authority find:
1. That the project meets the zoning standards applicable to the property, including requirements codified
through an ordinance establishing an S overlay zone for the project;
Attachment 3
ADMINISTRATIVE DRAFT2. That the project is designed and will be developed to preserve to the greatest extent practicable the natural
features of the land, including the existing topography and habitatslandscaping; and
3. The project demonstrates avoidance of scenic or ecological sensitivity impacts or will provide adequate
mitigation to address potential impacts related to scenic or ecological sensitivity.
17.62.070 – S Overlay Zones Applied
Attachment 3
ADMINISTRATIVE DRAFTCHAPTER 17.64. AIRPORT (AOZ) OVERLAY (AO) ZONE
17.64.010 – Purpose
17.57.010 Purpose and intent.
The purpose and intent of the AO airport overlay (airport overlay zoning districtAO) zone is to:
A. Implement the city’s City’s general General plan Plan policies to ensure that all land uses within the airport
overlay zone (AOZ) zone are consistent with the State Aeronautics Act, sState law, Federal Aviation
Administration Regulations, and guidance of the California Airport Land Use Planning Handbook;.
B. Ensure that land uses and development within the airport overlay zone (AOZ) zone are compatible with existing
and future airport operations;.
C. Prohibit the establishment of incompatible uses and further expansion of incompatible uses which could
detrimentally affect long-term economic vitality of the airpor,t; and to avoid or minimize exposure of persons to
potential hazards associated with current and future airport operations;.
D. Prohibit development, uses, or any installations or activities which could represent a hazard to existing and future
flight operations;.
E. Recognize unique constraints and considerations which that apply to properties potentially affected by airport
operations by establishing regulations and review criteria for land use and development which apply specifically to
properties within the airport overlay zone (AOZ) overlay zone; and.
F. Recognize the boundary of the San Luis Obispo County regional airport land use plan (ALUP) within the city limits
by establishment of an airport overlay zone (AOZ) overlay zone. (Ord. 1610 § 5 (part), 2014)
17.64.020 – Applicability
17.57.020 Applicability.
A. Generally. Regulations in this chapter Chapter shall apply to all uses, activities, and existing and proposed
development on properties within safety zones S-1b, S-1c, and S-2 designated in the ALUP. Should an override
action be taken as authorized in Section XXXX (CCC), the city City shall ensure that development is consistent
with direction in the State Aeronautics Act, the FAA regulations, and guidance provided in the Caltrans division
Division of Aeronautics Airport Land Use Planning Handbook. New development and land uses within the runway
protection zone and S-1a ALUP safety zones shall be consistent with provisions of the ALUP.
BA. Specific Plans. For properties located within the AO overlay zoneZ which also are located within a Sspecific
Pplans, development regulations, standards, and policies shall be followed per in compliance with respective
Sspecific Pplans. In cases where policies or standards are not provided within the Sspecific Pplan, the policies
and standards within this Cchapter shall will apply in addition to other applicable zoning regulations, gGeneral
pPlan, or other standards and regulations which apply to the project or land use. In no case will shall a land use,
activity, or development be allowed to violate airspace protection standards of Section 17.57.060.
CB. Existing Development and Land Uses. Non-conforming uses and structures shall comply with airspace
protection standards of Section 17.57.060 which prohibit any activities that pose a risk to flight operations within
the airport overlay zone (AOZ) overlay zone. Existing land uses that are not consistent with the airport overlay
zone (AOZ) overlay zone are nonconforming uses and may continue, but may not expand more than 10ten
percent beyond the permitted allowed project size at the time of adoption of the AO overlay zoneZ. No increase in
density for nonconforming residential land uses is permittedallowed. Nonconforming uses shall comply with
Attachment 3
ADMINISTRATIVE DRAFTzoning regulations Chapters 17.10 and 17.14 (nonconforming uses and nonconforming structures) provisions for
expiration of nonconforming status and proposed changes in land use which do not conform to the AO overlay
zoneZ.
Development or land uses shall be considered “existing” if one of the following conditions is met:
1. A vesting tentative map has been approved and has not expired or all discretionary approvals have been
obtained and have not expired.
2. Building permits have been issued and have not expired.
3. The structures and site development have been legally established and physically exist. (Ord. 1610 § 5
(part), 2014)
DC. Airport Overlay Zone Boundaries. 17.57.050 Airport overlay zone.
The safety zone boundaries described within the airport overlay zoneAO overlay zone are consistent with the adopted
San Luis Obispo County regional airport land use plan. (Ord. 1610 § 5 (part), 2014)
17.64.030 – Allowed Uses
17.57.040 Development standards and uses. (MIG note: also included in .040)
A. Intent. Land use compatibility standards are intended to minimize the risk to people and property on the ground
as well as to people in an aircraft in the event of an accident or emergency landing occurring outside the airport
boundary.
B. B. Airport Land Use Plan and Airport Overlay Zone (AOZ). Development and uses within airport land use
plan safety zones S-1b, S-1c, and S-2 are subject to requirements of Chapter 17.57, Airport Overlay Zone
(AOZ)of Table 10. Development and uses within the runway protection zone (RPZ) and ALUP area S-1a shall be
consistent with provisions of the ALUP. Most areas within the airport overlay zone (AOZ) overlay zone are located
within Sspecific Pplan areas. Areas within the AO overlay zone Z which are located in Sspecific Pplans
designated with SP zoning shall follow the land use regulations within their respective Sspecific Pplans.
In Table 10, these symbols shall have these meanings:
ALUP Refer to the Airport Land Use Plan
FAA Refer to Federal Aviation Administration Regulations
NSLU Noise Sensitive Land Use;
UZ As allowed in underlying zone or Specific Plan;
UZ1 The use is not allowed within 10,000 feet from the end of primary runway 11-29 for a width of 1,000
feet on an extension of runway centerline; and is not allowed within 4,000 feet from the end of an
existing secondary runway 7-25 for an area 1,000 feet wide on an extension of the runway centerline.
A. Allowable Uses and Nonresidential Density. Table 10 lists the uses that are appropriate in the airport land
use plan safety zones S-1b, S-1c and S-2. Table 10 includes maximum density standards for the safety
zones listed above which shall be calculated in accordance with the following method:
1. Nonresidential Density Calculation. Calculations of nonresidential density shall be based on requirements
of Section 17.16.060, Parking space requirements, with the assumption of 1.3 occupants per space and
gross parcel size including adjacent roads to centerline of right-of-way. Nonresidential density shall be
Attachment 3
ADMINISTRATIVE DRAFTcalculated prior to reductions for shared use, trip reduction, bicycle, etc. In determining allowed persons
per acre, all fractions shall be rounded to the nearest whole number.
Example—Proposed Development: Two office buildings, each two stories and containing twenty thousand
square feet of floor area per building. Site size is three net acres. Counting the adjacent road to centerline
of the right-of-way, three and one-half acres gross. The number of people on the property is assumed to
equal 1.3 times the number of parking spaces.
The average usage intensity would therefore be calculated as follows:
(1) 40,000 sq. ft. floor area x 1.0 parking space per 300 sq. ft. = 134.
(2) 134 parking spaces x 1.3 persons per space = 174 persons per acre.
(3) 174 persons/3.5 acres gross site size = 50 persons per acre average for the site.
2. Exceptions. Subject to approval of an administrative use permit, the community development director may
determine another method of density calculation is appropriate based on the particular characteristics of
the proposed use and/or development. The method of calculation shall remain consistent with
recommended methodologies of Appendix “G” of the California Airport Land Use Planning Handbook.
BC. Interpretation of Use Listing. These regulations are intended to permit similar types of uses within each
zone. The community development dDirector, 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 Minor Uuse pPermit or
Conditional Use Permit approval in a certain zone that are consistent with the State Aeronautics Act with
guidance from the California Airport Land Use Planning Handbook. This interpretation procedure shall not be
used as a substitute for the amendment procedure as a means of adding new types of uses to Table 10.
INSERT REVISED TABLE 10 HERE
Attachment 3
ADMINISTRATIVE DRAFTAttachment 3
ADMINISTRATIVE DRAFTAttachment 3
ADMINISTRATIVE DRAFTAttachment 3
ADMINISTRATIVE DRAFTAttachment 3
ADMINISTRATIVE DRAFT (Ord. 1610 § 5 (part), 2014)
17.64.040 – Development Standards
17.57.040 Development standards and uses. (MIG note: also included in .030)
A. Allowedable Uses and Nonresidential Density. Table 10 lists the uses that are appropriate in the airport land
use plan safety zones S-1b, S-1c and S-2. Table 10 includes maximum density standards for the safety zones
listed above which shall be calculated in accordance compliance with the following method:
1. Nonresidential Density Calculation. Calculations of nonresidential density shall be based on requirements
of Section 17.16.060, (Parking space requirements), with the assumption of 1.3 occupants per space and
gross parcel size including adjacent roads to centerline of right-of-way. Nonresidential density shall be
calculated prior to reductions for shared use, trip reduction, bicycle, etc. In determining allowed persons per
acre, all fractions shall be rounded to the nearest whole number.
Example—Proposed Development: Two office buildings, each two stories and containing twenty
thousand20,000 square feet of floor area per building. Site size is three net acres. Counting the adjacent
road to centerline of the right-of-way, three and one-half3.5 acres gross. The number of people on the
property is assumed presumed to equal 1.3 times the number of parking spaces.
The average usage intensity would therefore be calculated as follows:
(1) 40,000 sq. ft. floor area x 1.0 parking space per 300 sq. ft. = 134.
(2) 134 parking spaces x 1.3 persons per space = 174 persons per acre.
Attachment 3
ADMINISTRATIVE DRAFT(3) 174 persons/3.5 acres gross site size = 50 persons per acre average for the site.
2. Exceptions. Subject to approval of an administrativea Director’s Action use permit, the community
development Ddirector may determine another method of density calculation is appropriate based on the
particular characteristics of the proposed use and/or development. The method of calculation shall remain
consistent with recommended methodologies of Appendix “G” of the California Airport Land Use Planning
Handbook
17.64.050 – Procedures for Establishing Uses within the AOZ Overlay Zzone
17.57.030 Procedures.
A. Approval. All ministerial and discretionary actions within the airport overlay zoning district (AOZ) overlay zone
shall be reviewed for consistency with this chapter Chapter prior to approval.
B. Mandatory Findings for Approval. When a project or activity is subject to discretionary actions requiring a public
hearing or notice, the applicable review authority, in approving a project,y shall make all of the following findings,
as applicable:
1. The project or use complies with the noise compatibility policies of the airport overlay zone (AO overlay
zoneZ).
2. The project or use complies with residential and nonresidential density standards in Table 10 and Section
17.64.040 (Development Standards) of the airport overlay zone (AOZ).
3. The project or use complies with Table 10 of the applicable AO airport overlay zone.
4. The project or use complies with the airspace protection policies of the AOairport overlay zone.
5. The project or use complies with the overflight policies of the AO airport overlay zone.
C. Amendments. Other than general General planPlan, sSpecific pPlan, or zZoning code Regulations changes
addressed through a previous referral to the San Luis Obispo County regional airport land use commission
(ALUC), or any action to overrule any determination of the ALUC, proposed gGeneral pPlan land use
amendments, zZoning Regulations amendments, and specific plan amendments that impact density or intensity
of development within the airport overlay zone (AOZ overlay zone) shall be referred to the ALUC airport land use
commission for a determination of compatibility with the adopted airport land use plan.
D. Overrule Provisions. Should the San Luis Obispo County airport land use commission (ALUC) update the
San Luis Obispo County regional airport land use plan (ALUP), the city council of the city of San Luis
Obispo shall review the updated ALUP and either make changes to applicable general plan sections,
zoning, and implementing ordinances, or the city council may, pursuant to Public Utilities Code Section
21676(b), overrule the ALUC. (Ord. 1610 § 5 (part), 2014)D. Overrule ALUC Inconsistency
Determination. In compliance with Public Utilities Code Sections 21670 and 21676, the Council may, after a
public hearing and in compliance with to Public Utilities Code Section 21676(b), overrule a decision of the ALUC
which finds a plan or project inconsistent with the San Luis Obispo County regional airport land use plan (ALUP).
A final decision to overrule the ALUC shall be adopted by a two-thirds of the Council, accompanied by specific
findings that the proposed action is consistent with the purposes of Public Utilities Code Section 21670.
17.64.060 – Airspace Protection
17.57.060 Airspace protection.
Attachment 3
ADMINISTRATIVE DRAFT
A. Airspace Protection. Airspace protection standards are intended to reduce the risk of harm to people and
property resulting from an aircraft accident by preventing the creation of land use features and prohibition of any
activities that can pose hazards to the airspace used by aircraft in flight. Airspace protection standards regarding
obstruction and hazards to air navigation are defined in the airport land use plan and apply to land uses and
development within the airport overlayAO overlay zone as summarized below:
1. Objects Affecting Navigable Airspace. Federal Aviation Regulation (FAR Part 77) and Public Utility Utilities
Code (PUC) Section 21659 require that structures not penetrate the airspace protection surfaces of the
airport without a permit from the California Department of Transportation or a determination by the Federal
Aviation Administration (FAA) that the object does not constitute a hazard to air navigation or would not
create an unsafe condition for air navigation. The airspace surrounding an airport is divided into segments
called “imaginary surfaces,” which identify height limits for objects that require further study by the FAA to
avoid creating hazards to air navigation. Structures that have the potential to be considered an obstruction by
the FAA shall be subject to the provisions listed in subsections (A)(1)(a) through (c) of this Ssection:
a. a. Proponents of a project shall file a notice of construction or alteration (Form 7460-1) with the Federal
Aviation Administration (FAA) if a proposed structure is more than two hundred 200 feet above ground
level or may exceed one foot in height for every one hundred 100 feet from the edge of the nearest point
on the runway for a distance up to twenty thousand 20,000 feet. Filing Form 7460-1 with the FAA will
initiate an aeronautical study that will ensure a proposed structure does not constitute a hazard to air
navigation or would not create an unsafe condition for air navigation, including impeding any en route or
terminal (airport) instrument procedures as per in compliance with the United States Standard for
Terminal Instrument Procedures (TERPS) described in FAA Order 8260.3B (Code of Federal
Regulations Section 77.29, Evaluating Aeronautical Effect).
b. b. Approvals for such projects may include the requirement for an avigation easement, marking or
lighting of the structure, or modifications to the structure. The avigation easement shall be consistent
with the form and content of Exhibit H1 in Appendix H of the California Airport Land Use Planning
Handbook.
c. Building permits shall not be issued for a project until a determination of no hazard has been issued by
the FAA and any conditions in that determination are met.
3. 2. Other Flight Hazards Prohibited. Any activities within the airport overlay zone (AOZ) overlay zone which
could pose a hazard to flight operations, including but not limited to the following:
a. Glare or distracting lights that could be mistaken for airport lights;
b. Sources of dust, heat, steam, or smoke that may impair pilot vision, or light shows, or laser shows or
spotlights;
c. Any emissions that may cause thermal plumes or other forms of unstable air that generate turbulence
within the flight path;
d. Sources of electrical interference with aircraft communications or navigation;
e. Features that create an increased attraction for wildlife that may be hazardous to airport operations such
as attraction of 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). Features
which may pose these risks shall be reviewed for consistency with the FAA’s Advisory Circular
150/5200-33B, Hazardous Wildlife Attractants on or Near Airports; and
Attachment 3
ADMINISTRATIVE DRAFTf. Entails iInstallation, construction, or enlargement of a structure that constitutes an obstruction to air
navigation through penetration of FAA Part 77 surfaces except as may be approved by the Federal
Aviation Administration (FAA). (Ord. 1610 § 5 (part), 2014)
17.64.070 – Noise Compatibility Standards
17.57.070 Noise.
A. Airport Related Noise. Noise compatibility standards are intended to prevent the establishment of noise-
sensitive land uses in portions of the airport environ that are exposed to significant levels of aircraft noise. Where
permitted allowed within the airport overlay zone (AOZ) overlay zone, the following noise-sensitive land uses shall
comply with applicable noise exposure criteria:
1. Noise analysis from the Airport Master Plan Environmental Impact Report (2006), or subsequent noise
analysis used to update the airport master plan, shall be used for mapping of the long-term noise impact of
the airport’s aviation activity, which includes future planned facilities development depicted in the FAA-
approved airport layout plan. These noise contours are shown in Figure 13.
2. a. New Residential Development. New residential uses within the 60 dB CNEL contour as depicted in Figure
13 shall demonstrate consistency with maximum noise levels by providing noise analysis, construction
details, or other information deemed necessary by the community development Ddirector to verify
conformance with maximum interior noise levels.
2. Interior Noise Levels Not to Exceed 45 dB CNEL.
3. For the following noise-sensitive land uses, aircraft-related, interior noise levels shall not exceed 45 dB CNEL
(with windows closed):
a. Living or sleeping areas of single or multi-unitfamily residences;
b. Hotels and motels;
c. Hospitals and nursing homes;
d. Places of worship, meeting halls, and mortuaries; and
e. Schools, libraries and museums.
4. 3. Interior Noise Levels Not to Exceed 50 dB CNEL. For the following noise-sensitive land uses, aircraft-
related, interior noise levels shall not exceed 50 dB CNEL (with windows closed):
a. Office environments;
b. Eating and drinking establishments; and
c. Other miscellaneous commercial facilities. (Ord. 1610 § 5 (part), 2014)
17.64.080 – Overflight Notice
17.57.080 Overflight notice.
A. Aircraft Overflight. Aircraft overflight standards are intended to provide overflight notification for land uses near the
San Luis Obispo County regional airport. It shall be the responsibility of all owners of property offered for sale or for
lease within the airport overlay zone (AO overlayZ) zone to provide a disclosure prior to selling or leasing property, in
San Luis Obispo as specified in the airport land use plan.
All discretionary actions shall include a condition of approval requiring all owners of property offered for sale or for
lease within the airport overlay AO overlay zone to provide the aforementioned disclosure prior to selling or leasing
Attachment 3
ADMINISTRATIVE DRAFTproperty. For new residential land uses, the overflight notification shall be recorded and appear with the property deed.
(Ord. 1610 § 5 (part), 2014)
17.64.090 – Designated Clear Areas/Open Land
17.57.090 Open land.
A. Open Land Areas Defined. A. Open Land. Open land areas are intended to increase the chances of a pilot
successfully landing an aircraft in an emergency situation where he or shethey isare unable to reach the runway.
The city City has identified properties to contain open land areas as follows:
11A. Airport area Area specific Specific planPlan: two hundred fifty 250 acres on the Chevron property
with two areas specifically improved to meet ALUC standards; and a three-hundred.300-foot-wide strip
adjacent to Buckley Road (twenty-four 24 acres) on the Avila Ranch site.
22B. Margarita aArea sSpecific pPlan: two open land areas amid clustered development.
33C. Laguna Lake public park open area: outside of AOZ zone but within the approach surface.
44D. Brughelli property easement south of Buckley Road.
55E. San Luis Ranch sSpecific pPlan area, west of Highway 101 and south of Dalidio Drive.
66F. City open space areas within the airport overlayAO overlay zone.
B. Other Open Land Areas. Where open space or conservation easements have been obtained and the
topography supports it, the city City shall not allow uses to be established that conflict with their availability to be
used as a landing option in the event of an emergency. Where easements have yet to be obtained, the city City
shall explore opportunities to incorporate the requirement for open land as part of the discretionary approval
process. Open land areas shall be consistent with ALUP direction for size, orientation, and topography.
Attachment 3
ADMINISTRATIVE DRAFT
(Ord. 1610 § 5 (part), 2014)
Attachment 3
ADMINISTRATIVE DRAFTARTICLE 4: REGULATIONS FOR SPECIFIC LAND USES AND ACTIVITIES
17.XX04.010 Purpose and Applicability
The purpose of Article 4 is to establish standards for the location, site planning, development, and operations of
certain land uses that are allowed by within individual or multiple zones, and for activities that require special
standards to mitigate their potential adverse impacts.
17.XX04.020 Accessory Dwelling Units
17.21.010 Accessory dwelling units.
A. Purpose and Applicability e.
1. The provisions in this Section shall apply to Accessory Dwelling Units as defined in Article 9 (Definitions) and
where allowed in compliance with Article 2 (Zones, Allowable Uses, and Development Standards). The purpose
of this Cchapter is to provide for the creation of Aaccessory Ddwelling Uunits in a manner that is consistent with
requirements set forthidentified in California Government Code Section 65852.2, as amended from time to time.
2. Implementation of this Ssection 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:
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 California Health and Safety Code Section 17958.1.
b. A manufactured home, as defined in California Health and Safety Code Section 18007.
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.
CB. General Requirements.
1. Application. Where this Ssection does not contain a particular type of standard or procedure, conventional
zoning standards and procedures shall apply.
Attachment 4
ADMINISTRATIVE DRAFT2. Areas Where Accessory Dwelling Units Are Allowed. Upon meeting the requirements of this Ssection,
Aaccessory Ddwelling Uunits may be established in the following zones: R-1, R-2, R-3, R-4, and O zones that
allow single-unit or multi-unit dwellings, when the primary use on the site is an existing or proposed single-
unitfamily dwelling. The existing or proposed single-unit dwelling may be referred to as “5. “pPrimary unit” means
the existing single-family residential structure on the site.in this Ssection.
3. Areas Prohibited. Accessory Ddwelling Uunits 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 Aaccessory Ddwelling Uunit
has been established unless the subdivision meets all requirements of Zzoning and Ssubdivision Rregulations.
5. Sale of Property. This Ssection shall also apply to new owners of property where an Aaccessory Ddwelling
Uunit has been established. All conditions of directorDirector’s action to allow exceptions to maximum unit size
(if applicable), restrictive covenants, and other contractual agreements with the city City shall apply to the
property and the new owners.
6. Unit Types Allowed. An Aaccessory Ddwelling Uunit may be either attached or detached from the primary
single-family unit dwelling on the lot.
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 Aaccessory Ddwelling Uunit shall be no less than
an efficiency unit, and shall not exceed the lesser of fifty 50 percent of the primary unit’s existing living area or
eight hundred800 square feet. The directorDirector may authorize an exception to this standard to allow an
Accessory Dwelling Unit up up toto one thousand two hundred1,200 square feet throughby the Aadministrative
Adjustment process. review and approval of the applicationa director’s action, defined above.
8. Limitation on Number. Accessory Ddwelling Uunits are limited to one unit per property.
DC. Performance Standards and Compatibility.
1. Design Standards. Accessory Ddwelling Uunits shall conform to all applicable development standards included
in the underlying zone such as height, yardssetback area, parking, building coverage, etc. An Aaccessory
Ddwelling Uunit that conforms to this Cchapter 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
planGeneral Plan and zoning designations for the lot.
Compliance with these design standards shall be reviewed ministerially and be performed during the building permit
application process.
a. Accessory Ddwelling Uunits shall conform to all applicable building and construction codes.
b. No passageway, defined as a pathway that is unobstructed clear to the sky and extends from a street to one
entrance of the Aaccessory Ddwelling Uunitabove, shall be required in conjunction with the construction of a
detached aaccessory Ddwelling Uunit.
Attachment 4
ADMINISTRATIVE DRAFTc. No setback shall be required for an existing garage that is converted to an Aaccessory Ddwelling Uunit or to
a portion of an Aaccessory Ddwelling Uunit.,
d. and Aa setback of no more than five feet from the side and rear lot lines shall be required for an Aaccessory
Ddwelling Uunit that is constructed above a garage.
ed. Accessory Ddwelling Uunits shall not be required to provide fire sprinklers if fire sprinklers are not required
for the primary residence.
fe. No additional parking spaces shall be required for an Aaccessory Ddwelling Uunit.
2. 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 Aaccessory Ddwelling Uunit,
replacement parking spaces may be located in any configuration on the same lot as the Aaccessory Ddwelling
Uunit, including but not limited to covered spaces, uncovered spaces, or tandem spaces.
3. Historic Resources. f. Accessory Ddwelling Uunits on listed historic properties and in historic districts shall be
found consistent with the historic preservation ordinance, including historic preservation guidelines and
Secretary of the Interior standards for the treatment of historic properties.
4. Utility Connection Fees. g. Where an ADUs Aaccessory Ddwelling Uunitts isare being created within an
existing structure (primary or accessory), no new utility connection or payment of impact fees shall be required.
For all other ADUsAaccessory Ddwelling Uunits, a new utility connection for the ADU Aaccessory Ddwelling
Uunits and payment of impact fees shall be required.
5. 2. Architectural Compatibility. Accessory Ddwelling Uunits should shall be architecturally and functionally
compatible with the primary residence. The Aaccessory Ddwelling Uunit 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 Aaccessory Ddwelling Uunit 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.
DE. Procedure Requirements. An Aaccessory Ddwelling Uunit that meets the standards contained in this Ssection
shall be subject to ministerial review (building permit) and approval without discretionary review (i.e., Use
Permituse permit, Aarchitectural Rreview, etc.) or public hearing. Within 120 days of receiving a complete
application, All the City shall approve any such application which s shall be permittedallowed within one hundred
twenty 120 days of submission of a complete application which complies with all applicable requirements and
development standards as set forthidentified in this Cchapter.
Attachment 4
ADMINISTRATIVE DRAFTAny application for an accessory dwelling that exceeds the lesser of fifty percent of the primary unit’s existing living
area or eight hundred square feet may apply for a director’s action, defined above, in which the community
development director may authorize an exception to that standard.
EF. Owner-Occupancy. The owner of the property mustshall occupy either the primary residence or the Aaccessory
Ddwelling Uunit. The directorDirector may waive this requirement in one-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 Aaccessory Ddwelling Uunit.
G. Covenant Agreement. Prior to the issuance of building permits for an Aaccessory Ddwelling Uunit, a covenant
agreement shall be recorded which discloses the structure’s approved floor plan and status as an “Aaccessory
Ddwelling Uunit” and agreeing that the property will be owner -occupied. This agreement shall be recorded in the
office of the Ccounty Rrecorder 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.(Ord. 1634 § 4, 2017)
17.XX04.030. Adult Entertainment Businesses
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.
A. 17.95.010 Purpose and Iintent.
The purpose and intent of this Cchapter 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 cri me 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 Ccity ordinance or any statute of the state of CaliforniaState
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)
Attachment 4
ADMINISTRATIVE DRAFTB. 17.95.020 Definitions.
For the purposes of this chapter the following terms shall be defined as follows:
A1. “Adult entertainment business” shall mean those businesses as defined as follows:
1a. 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(1). 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 upon the depiction or description of “specified sexual activities” or
“specified anatomical areas.”
b(2). Instruments, devices or paraphernalia which are designed to be used in connection with “specified
sexual activities;” or
(3) 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.”
2b. “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.
3c. “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.
d4. “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.
5e. “Exceptions.” An “adult entertainment business” shall not include:
(1)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.
Attachment 4
ADMINISTRATIVE DRAFT
(2)b. Persons depicting “specified anatomical areas” in a modeling class operated:
(a1) By a college, junior college, or university supported entirely or partly by public revenue; or
(b2) 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
(c3) In a structure operated either as a profit or not-for-profit facility:
(ai) 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
(bii) where, in order to participate in a class, a student must enroll at least three days in advance of
the class.
c(3). The practice of massage in compliance with Chapter 5.56 of this Code.
B2. “Establish.” “Establish” shall mean and include any of the following:
a1. The opening or commencement of any adult entertainment business as defined in this section; or
b.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
3c. The relocation of any adult entertainment business; or
4d. The addition of any of the “adult entertainment businesses” defined herein to any other existing adult
entertainment business.
C23. “Specified anatomical areas.” “Specified anatomical areas” shall include the following:
a1. 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
2b. Human male genitals in a discernibly turgid state, even if completely and opaquely covered.
D34. “Specified sexual activities.” “Specified sexual activities” shall include the following:
1a. 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
2b. . Clearly depicted human genitals in a state of sexual stimulation, arousal or tumescence; or
c3. Human or animal masturbation, sodomy, oral copulation, coitus, ejaculation; or
d4. Fondling or touching of nude human genitals, pubic region, buttocks or female breast; or
e5. Masochism, erotic or sexually oriented torture, beating or the infliction of pain; or
f6. Erotic or lewd touching, lewd fondling or other lewd contact with an animal by a human being; or
g7. Human excretion, urination, menstruation, vaginal or anal irrigations.
Attachment 4
ADMINISTRATIVE DRAFT
E45. “Individual viewing area.” “Individual viewing area” shall mean a viewing area designed for occupancy by
one person.
5. “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.
F66. “Operator.” “Operator” shall mean and include the owner, custodian, manager or person in charge of any
adult entertainment business.
G77. “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.
H88. “Person.” “Person” shall mean an individual, proprietorship, partnership, corporation, association, or other
legal entity.
I99. “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.
J1010. “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.
K11.1 . “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.
L122. “Sensitive uses.” “Sensitive uses” shall include religious institutions, residential zones and schools. (Ord.
1286 § 1, 1995)
C. 17.95.030 Location of Aadult Eentertainment Bbusinesses.
A1. No person shall operate or establish an “adult entertainment business,” as defined in this Code, in any area
of the Ccity, except the retail-commercial (C-R) zone or the tourist commercial (C-T) zone.
B2. 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 Ccity except the retail-commercial (C-R) zone or the tourist-commercial (C-T) zone.
3C. 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:
a1. 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(1) . Seven hundred700 feet from any parcellot of land which is locate in a residential zone.
(2)b . Seven hundred 700 feet from any parcellot of land upon which a religious institution or school is
located.
Attachment 4
ADMINISTRATIVE DRAFT
b2. For the purpose of this Cchapter, all distances shall be measured in a straight line, without regard for
intervening structures, using the closest property lines of the parcellots of the land involved. (Ord. 1286 § 1,
1995)
D. 17.95.040 Design and Pperformance Sstandards.
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 toin compliance with Chapter 15.04 of the San Luis Obispo Municipal Code. An adult
entertainment business shall comply with the applicable cCity business tax requirements. In addition, adult
entertainment businesses shall comply with the following design and performance standards:
A1. 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.
B2. Each adult entertainment business shall have a business entrance separate from any other nonadult business
located in the same building.
C3. 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.
D4. 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.
E5. 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.
F6. 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.
G7. 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.
H8. 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 permittedallowed 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 permittedallowed access for any adult purpose, excluding restrooms, from at least one of
the manager’s stations. The view required in this subsection mustshall be by direct line of sight from the
manager’s station.
Attachment 4
ADMINISTRATIVE DRAFTI9. 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.
J10. Off-street parking shall be provided for the adult entertainment business as specified in accordancein
compliance with with the parking provisions of San Luis Obispo Municipal Code Section 17.16.060xx.xxx.
K11. An off-site security program shall be prepared and implemented including the following items:
1a. 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 10 luxes) (one candlepower) of light on the parking surface and/or
walkway.
b2. 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 20 luxes) (two
candlepower) of light on the floor surface. (Ord. 1286 § 1, 1996)
Attachment 4
ADMINISTRATIVE DRAFTE. 17.95.050 Severance Cclause.
If any section, subsection, paragraph, subparagraph or provision of this Cchapter or the application thereof to any
person, property or circumstance is held invalid, the remainder of the Cchapter and the application of such to other
persons, properties or circumstances shall not be affected thereby. (Ord. 1286 § 1, 1995)
F. 17.95.060 Violations.
It shall be unlawful to establish or operate an adult entertainment business in violation of this Cchapter. Any person
who violates any provision of this chapter shall be guilty of a misdemeanor. Nothing in this Cchapter 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)
17.XX04.040 Deemed Approved Alcoholic Beverage Sales - Deemed Approved Regulations and
Standards
Chapter 17.11
ALCOHOLIC BEVERAGE SALE - DEEMED APPROVED ALCOHOLIC BEVERAGE SALE REGULATIONS
Sections:
17.11.010 Title, purpose, and applicability.
17.11.020 Definitions.
17.11.030 Deemed approved performance standards.
17.11.040 Deemed approved status procedure.
17.11.050 Enforcement procedure.
17.11.010 Title, purpose, and applicability.
A. Title of Deemed Approved Alcoholic Beverage Sale Regulations. The provisions of this Section chapter shall
be known as the “Alcoholic Beverage Sales - Deemed Approved Regulationsdeemed approved alcoholic
beverage sale regulations.”
B. Purpose of Alcoholic Beverage Sales - Deemed Approved RegulationsDeemed Approved Alcoholic
Beverage Sale Regulations. The general purposes of the deemed approved alcoholic beverage sale
regulations are to protect and promote the public health, safety, comfort, convenience, prosperity, and general
welfare by requiring that alcoholic beverage sales commercial activities that were established without Use
Permituse permit approval prior to the effective date of the deemed approved alcoholic beverage sale
regulations comply with the deemed approved performance standards of Section 17.x11.030xx.xx and to
achieve all of the following objectives:
1. To protect residential, commercial, industrial, and civic areas and minimize the adverse impacts of
nonconforming and incompatible uses;
2. To provide opportunities for alcoholic beverage sale activities to operate in a mutually beneficial relationship
to each other and to other commercial and civic services;
3. To provide mechanisms to address problems often associated with the public consumption of alcoholic
beverages, such as litter, loitering, graffiti, unruly behavior and escalated noise levels;
4. To provide that alcohol outlets specified in this chapter Section are not the source of undue public nuisances
in the community;
Attachment 4
ADMINISTRATIVE DRAFT5. To provide for properly maintained alcoholic beverage sale establishments so that negative impacts
generated by these activities are not harmful to the surrounding environment in any way; and
6. To monitor that deemed approved activities do not substantially change in mode or character of operation.
The purpose of these standards is to control dangerous or objectionable environmental effects of alcoholic
beverage sales commercial activities applicable to this chapter.
CC. Applicability of Alcoholic Beverage Sales - Deemed Approved RegulationsDeemed Approved
Alcoholic Beverage Sale Regulations. This chapter Section shall apply to the following alcoholic beverage
sales commercial activities within the Ccity which have been established without use permit approval prior to the
effective date of the ordinance codified in this Sectionchapter, and as defined in Chapter 17.100: bars/taverns,
restaurants with late-hour alcohol service, liquor stores and nightclub Article 9 (Definitions): 1) Eating and
Drinking Establishments: Bars, Nightclubs, and Taverns, 2) Eating and Drinking Establishments – Restaurant
with late hour alcohol service, and 3) Food and Beverage Sales – Liquor Stores.
D. 1. Duplicated Regulation. Whenever any provision of this chapter Section and any other provision of law,
whether set forthidentified in this Ccode, or in any other law, ordinance, or resolution of any kind, impose
overlapping or contradictory regulations, or contain restrictions covering any of the same subject matter, that
provision which is more restrictive or imposes higher standards shall control, except as otherwise expressly
provided in this chapterSection.
DE. Administrative Hearing Officer. There is created an alcoholic beverage sales administrative hearing officer
(administrative hearing officer) appointed by the Ccity Mmanager. The administrative hearing officer shall
conduct public hearings and make recommendations intended to encourage and achieve the compliance of
particular sites as appropriate. This subsection is not intended to restrict the powers and duties otherwise
pertaining to other Ccity officers or bodies in the field of monitoring and ensuring the harmony of alcoholic
beverage sale commercial activities in the cCity. These parties shall have the powers and duties assigned to
them by the Zzoning Rregulations, other codes and ordinances, City Charter, or by valid administrative authority.
(Ord. 1578 § 3 (part), 2012)
17.11.020 Definitions.
A. Title, Purpose, and Applicability. The provisions of this section shall be known as the definitions. The purpose of
these provisions is to promote consistency and precision in the interpretation of this chapter. The meaning and
construction of words and phrases as hereinafter set forth shall apply throughout this chapter, except where the
context of such words or phrases clearly indicates a different meaning or construction.
F. Definitions. The meaning and construction of words and phrases in this Section shall be consistent with Article
9 (Definitions).
G. As used in this chapter:
“Alcoholic beverage” means alcohol, spirits, liquor, wine, beer, and every liquid or solid containing alcohol,
spirits, wine, or beer, which contains one-half of one percent or more of alcohol by volume and which is
fit for beverage purposes either alone or when diluted, mixed, or combined with other substances, and
sales of which require a State Department of Alcoholic Beverage Control license.
“Condition of approval” means a requirement which must be carried out by the activity in order to retain its
deemed approved status.
Attachment 4
ADMINISTRATIVE DRAFT“Deemed approved activity” means operation of the stated uses applicable to this chapter as defined.
“Deemed approved status” means the status conferred upon a deemed approved activity.
“Illegal activity” means an activity which has been finally determined to be in noncompliance with the
deemed approved performance standards in Section 17.11.030. Such an activity shall lose its deemed
approved status and shall no longer be considered a deemed approved activity.
“Performance standards” means regulations prescribed in the deemed approved performance standards in
Section 17.11.030.
“Premises” means the actual space within a building devoted to alcoholic beverage sales.
“Restaurant” means an eating establishment as defined in Section 17.100.180. (Ord. 1578 § 3 (part), 2012)
17.11.030 Alcoholic Beverage Sales - Deemed Approved Deemed approved Pperformance Sstandards.
1. Title and Purpose. The provisions of this subsection shall be known as the “deemed approved
performance standards.” The purpose of these standards is to control dangerous or objectionable
environmental effects of alcoholic beverage sales commercial activities applicable to this chapter.Section.
A. Title and Purpose. The provisions of this section shall be known as the “deemed approved
performance standards.” The purpose of these standards is to control dangerous or objectionable
environmental effects of alcoholic beverage sales commercial activities applicable to this chapter.
B2. ApplicabilityStandards. These standards shall apply to the following alcoholic beverage sales commercial
uses listed in Section 17.xx.xxx 17.11.0:20 and “Eating and Drinking Establishments – Bars, Nightclubs, and
Tavern” Chapter 17.100: and ““Eating and Drinking Establishments – bar/tavern, rRestaurant with late-hour
alcohol service”, and “Food and Beverage Sales – lLiquor store/alcohol salesStore,, and nightclub, ” as
defined in Article 9 (Definitions)Chapter 17.100. This section is applicable to these uses under the following
circumstances:
a. 1a. Alcoholic beverage commercial uses which have been established without use permit approval prior
to the effective date of the ordinance codified in this chapterSection.
.
2b. Alcoholic beverage commercial uses which are inconsistent with Table 9 (Uses Allowed by Zone) of this
Ttitle and have been established prior to the effective date of the ordinance codified in this Section
chapter.
C3. Performance Standards and Deemed Approved Activities. An activity shall retain its deemed approved
status only if it conforms with all of the following deemed approved performance standards:
1a. That it does not result in adverse effects to the health, peace or safety of persons residing or working in
the surrounding area;
2b. That it does not result in jeopardizing or endangering the public health or safety of persons residing or
working in the surrounding area;
Attachment 4
ADMINISTRATIVE DRAFT3c. That it does not result in repeated nuisance activities within the premises or in close proximity of the
premises, including but not limited to disturbance of the peace, illegal drug activity, public drunkenness,
drinking in public, harassment of passersby, gambling, prostitution, sale of stolen goods, public
urination, theft, assaults, batteries, acts of vandalism, excessive littering, loitering, graffiti, illegal
parking, excessive loud noises, especially in the late night or early morning hours, traffic violations,
curfew violations, lewd conduct, or police detentions and arrests;
4d. That it does not result in violations to any applicable provision of any other cCity, Sstate, or Ffederal
regulation, ordinance or statute; and
5e. That its upkeep and operating characteristics are compatible with and will not adversely affect the
livability or appropriate development of abutting properties and the surrounding neighborhood. (Ord.
1578 § 3 (part), 2012)
H. 17.11.040 Deemed Aapproved Sstatus Pprocedure.
A1. Deemed Approved Status Procedure. The provisions of this section shall be known as the “Alcoholic
Beverage Sales - Deemed Approved Sstatusdeemed approved status procedure.” The purposes of these
provisions areis to: (1) provide notice of deemed approved status upon alcoholic beverage sales commercial
activities applicable to this chapterSection; (2) prescribe the procedure for the imposition of conditions of
approval upon these activities; and (3) prescribe the procedure for appealing conditions of approval or the
revocation of a deemed approved status.
B2. Automatic Deemed Approved Status. All alcoholic beverage sales commercial activities applicable to this
chapter Section per in compliance with Section 17.11.030(B)xxx.xx shall automatically become deemed
approved activities as of the effective date of the ordinance codified in this Section chapter. Each such
deemed approved activity shall retain its deemed approved status as long as it complies with the deemed
approved performance standards in Section Section 17.xxx.xx17.11.030(C).
C3. Notification to Owners of Deemed Approved Activities. The administrative hearing officer shall notify the
owner of each deemed approved activity, and also the property owner if not the same, of the activity’s
deemed approved status. Such notice shall be sent via certified return receipt mail or similar method
providing proof of delivery and shall include a copy of the performance standards of Section
17.11.030(C)xx.xxx with the requirement that these be posted in a conspicuous and unobstructed place
visible from the entrance of the establishment for public review; notification that the activity is required to
comply with all these same performance standards; and that the activity is required to comply with all other
aspects of this chapter. Should the notice be returned, then the notice shall be sent via regular U.S. mail.
D4. Procedure for Consideration of Violations to Performance Standards. Upon receiving a complaint from
the public, police department, code enforcement officer, or any other interested party that a deemed
approved activity is in violation of the performance standards of Section 17.11xx.030xxx(C), and once it is
determined by the \Ccity that violations appear to be occurring, then a public hearing will be scheduled
before the administrative hearing officer, as follows:
1a. The administrative hearing officer will provide the complainant, the business owner of the deemed
approved activity, the property owner (, if not the same as the business owner), and other interested
parties with at least thirty 30 calendar days’ advance notice of the public hearing. Interested parties are
defined as those that have made a request with the Ccity Cclerk to be notified of these proceedings, and
shall include the downtown association or its successor agency in all instances in which the complaint
involves an establishment within the boundaries of the downtown association or its successor agency.
Attachment 4
ADMINISTRATIVE DRAFT2b. In all instances in which the complaint involves an establishment within the boundaries of the downtown
association, the downtown association may, within the thirty30-day period preceding the hearing,
schedule a meeting with authorized representatives of the establishment to review the facts underlying
the complaint and the establishment’s response to the complaint and to develop input to be conveyed
to the administrative hearing officer regarding the downtown association’s recommendation regarding
the complaint and any measures the downtown association suggests to address the complaint.
(1) a(1). Nothing herein shall require the business establishment within the boundaries of the
downtown association to participate in the meeting with the downtown association, but the
downtown association shall advise the administrative hearing officer if an establishment declines to
participate and the administrative hearing officer may consider the establishment’s failure to
participate in determining appropriate remedies if a violation is found to have occurred after
considering all testimony presented during the public hearing.
(2) b(2). The administrative hearing officer shall not in any manner be bound by any recommendation
of the downtown association and shall give the recommendation from the downtown association
such weight as the administrative hearing officer, in his or her sole discretion, deems appropriate
after consideration of all record testimony and evidence presented in the public hearing. The
administrative hearing officer shall proceed with the public hearing after thirty calendar days of
issuing a notice of public hearing, whether or not the downtown association or its successor
agency has met with the business owner of the deemed approved activity or delivered a
recommendation for consideration by the administrative hearing officer. Failure of the downtown
association to receive notice pursuant toin compliance with this chapterSection, or pursuant toin
compliance with procedures established by the Ccity, shall not constitute grounds to cancel the
public hearing or invalidate the actions for which the notice was given.
(3) c(3). In no event shall a meeting between the downtown association and the business owner of the
deemed approved activity cause a delay to or substitute for a public hearing before the cCity’s
administrative hearing officer, unless it is determined in the sole discretion of the administrative
hearing officer that a delay is in the public’s interest.
3c. The purpose of the administrative public hearing is to receive evidence and testimony on whether the
operating methods of the deemed approved activity are causing undue negative impacts in the
surrounding area. At the public hearing, the administrative hearing officer shall determine whether the
deemed approved activity conforms to the deemed approved performance standards set forth identified
in Section 17.xxx11.030(C)xx and to any other applicable criteria, and may continue the deemed
approved status for the activity in question, or require such changes, or impose such reasonable
conditions of approval as are necessary, in the judgment of the administrative hearing officer, to ensure
conformity to said criteria. Any such changes or conditions shall be based on the evidence before the
officer. The decision of the administrative hearing officer shall be based upon information compiled by
staff and evidence and testimony from the complainant, the business owner, the property owner if not
the same, and all other interested parties. New conditions of approval shall be made a part of the
deemed approved status and the deemed approved activity shall be required to comply with these
conditions. The determination of the administrative hearing officer shall become final ten 10 calendar
days after the date of decision unless appealed to the city planning commission Plannng Commission in
accordancein compliance with with Chapter 17.66 Section 17.xxx.xx.
5E. Procedure for Consideration of Violations of Standards or Conditions of Approval. In the event of a
violation of any condition of approval or of further violations of the provisions set forth identified in Sections
17.xxx.xx 17.11.010 through 17xx.xxx.11.030, the administrative hearing officer shall hold a noticed public
hearing. The purpose of this public hearing is to receive testimony and determine whether violations of
conditions of approval or of Sections 17.xxx.xx17.11.010 through 17.11.030 exist. The administrative
Attachment 4
ADMINISTRATIVE DRAFThearing officer may add to or amend the existing conditions of approval based upon the evidence presented,
or alternatively may revoke the deemed approved activity’s deemed approved status. The determination of
the administrative hearing officer shall become final 10ten calendar days after the date of decision unless
appealed to the Planning city planning commissionCommission in accordancein compliance with with
subsection F of this section. The decision of the Planning planning commissionCommission shall be final
unless appealed to the city Ccouncil in accordancein compliance with with subsection 7 G of this section.
F6. Appeal to Planning CommissionPlanning Commission. Appeals of the decisions of the administrative
hearing officer may be filed in accordancein compliance with with ChapterSection 17.xxx.xx 17.66 (,
Appeals). In considering the appeal, the planning commissionPlanning Commission shall determine whether
the established use conforms to the applicable deemed approved performance standards and may continue
or revoke a deemed approved status; or require such changes in the existing use or impose such
reasonable conditions of approval as are, in its judgment, necessary to ensure conformity to said
performance standards. The decision of the planning commissionPlanning Commission on the appeal to the
conditions of approval imposed by the administrative hearing officer shall be final.
7G. Appeal to City Council. Appeals of the decisions of the planning commissionPlanning Commission may be
filed in accordancein compliance with with Chapter 17.XX66, (Appeals). In considering the appeal, the
council Council shall determine whether the deemed approved activity conforms to the applicable deemed
approved performance standards, and may approve or disapprove deny the revocation or require such
changes therein or impose such reasonable conditions of approval as are in its judgment necessary to
ensure conformity to said standards. (Ord. 1578 § 3 (part), 2012)
I. 17.11.050 Enforcement Pprocedure.
A1. Applicability. The provisions of this subsection shall apply to the enforcement of this Section chapter.
B2. Official Action. All officials, departments, and employees of the Ccity vested with the authority to issue
permits, certificates, or licenses shall adhere to, and require conformance with, this Section chapter.
C3. Infractions. Any person who violates, causes, or permits another person to violate any provision of this
chapter Section is guilty of an infraction unless otherwise provided.
D4. Separate Offenses for Each Day. Any violator shall be guilty of a separate offense for each and every day
during any portion of which any violation of any provision of this chapter Sectionis committed, continued,
permittedallowed, or caused by such violator and shall be punishable accordingly.
E5. Any Violation a Public Nuisance. In addition to the penalties provided in this subsection, any use or
condition caused or permittedallowed to exist in violation of any of the provisions of this Section chapter
shall be and is declared to be a public nuisance and may be summarily abated as such by the Ccity.
F6. Injunction as Additional Remedy. Any violation of any provision of this chapter Section shall be and is
declared to be contrary to the public interest and shall, at the discretion of the Ccity, create a cause of action
for injunctive relief.
G7. Penalties. Any person convicted of an infraction under the provisions of this subsection shall be punishable
by a fine to the maximum permittedallowed under Sstate law. Any violation beyond the second conviction
within a one-year period may be charged by the Ccity Aattorney as a misdemeanor, and the penalty for
conviction shall be punishable by a fine or imprisonment to the maximum permittedallowed under sState
law.
Attachment 4
ADMINISTRATIVE DRAFT
H8. Liability for Expenses. In addition to the punishment provided by law, a violator is liable for such costs,
expenses, and disbursements paid or incurred by the Ccity or any of its contractors in correction,
abatement, and prosecution of the violation.
I9. Enforcement. The Ccity shall designate the appropriate personnel to enforce the provisions of these
regulations. (Ord. 1578 § 3 (part), 2012)
a
17.XX04.050 Motor Fuel and Alcoholic Beverages and Motor Fuel – Concurrent Sales
17.08.040 Concurrent sales of motor fuel and alcoholic beverages.
A. General Prohibition. Concurrent sales of motor fuel and alcoholic beverages at a service/fueling station other
than beer or wine are prohibited. I. For purposes of this Ssection, “Alcoholic Beverages and Motor Fuel –
Concurrent Sales” 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/fueling 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 Ssection.
B. Permit Requirement and Use Regulations. The concurrent sales of motor fuel and beer or wine at a
service/fueling station shall be subject to the approval of an Administrative use permitUse Permit and the
following:
1. TA. There shall be no sales of beer or wine for on-site consumption;
1.
2. B. Beer or wine may be sold only in conjunction with selling groceries and other sundries and convenience
items;
;
2. C. There shall be no advertisement or display of beer or wine visible from off the premises;
3.
3. D. No beer or wine shall be displayed within five feet of the cash register or front door;
4.
4. 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;
5.
5. F. No sales of beer or wine shall be made from a drive-in window;
6.
6. G. No display or sales of beer or wine shall be made from an ice tub;
7.
8. H. Employees on duty between the hours of ten 10:00 P.M.PM and two 2:00 A.M.AM who sell beer or wine
shall be at least twenty-one21 years of age.
Attachment 4
ADMINISTRATIVE DRAFT
Required Findings. 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 section.
C. JI. In order to grant approval of a Use Permituse permit, the hearing officer mustshall make the following findings
in addition to findings contained in Article 6 (Permit Procedures)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., and
particularly, 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/fueling 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
nonconforming use. (Ord. 1553 § 3 (part), 2010; Ord. 1446 § 3, 2004: Ord. 1265 § 2 Ex. A, 1994)
17.XX04.060 AnimalDog Boarding and Kennels – Outdoor Areas
A. Purpose and Applicability. The provisions in this Section shall apply to kennels and similar animal board and
care facilities, as defined in Article 9 (Definitions) and where allowed in compliance with Article 2 (Zones,
Allowable Uses, and Development Standards). The purpose of this Ssubsection is to implement a humane dog
policy that accommodates the comfort and convenience of caring for dogs by their humans within commercial
facilities, and ensuring operations are compatible with surrounding neighborhoods.
B. Permit Required. In addition to the permits required in Article 2 (Zones, Allowable Uses, and Development
Standards)., no person shall carry on the business of keeping dogs for breeding purposes or for medical
treatment of dogs, or caring for dogs for hire, without first obtaining a permit from the Council, subject to Chapter
6.20 (Animal Control Regulations) of the San Luis Obispo Municipal Code.
A. Outdoor Facilities Standards. Outdoor facilities shall function as recreational and instructional areas for the
dogs accepted in the kennel. Kennels with an outdoor facility for dogs shall not be allowed in any residential or
mixed-use zone, and shall comply with the following standards:
C.
1. Accessory Use. Outdoor facilities are to be allowed only as an accessory use and structure to an allowed
dog kennel facility, and shall not exceed the size of the structure housing the kennel facility.
1.
2. Location. Outdoor facilities shall be located outside of any required setback area, or street frontage area. A
minimum of four4-foot setback for outdoor facilities shall be required for zones where a setback area is not
defined.
2.
Attachment 4
ADMINISTRATIVE DRAFT3. Hours of operation. Outdoor facilities are only allowed when an allowed kennel is in operation. In no event
shall an outdoor facility allowed to operate more than 2 hours per day, or operate between the hours of 7 PM
to 8 AM.
3.
4. Walls and fencing. All outdoor facilities shall be property screened with noise-dampening walls and/or
fencing.
4.
5. Facility size. The maximum allowable size for an outdoor facility is 2,000 square feet.
Dimensions. No instrument, structure, or implement shall exceed four feet in height within an outdoor facility.
D. Restrictive Conditions. The Reviewing Authority is allowed to impose conditions to satisfy the requirements of
the Municipal Code, and impose more restrictive conditions than outlined in C. prior to approving a kennel or a
kennel with an outdoor facility.
17.XX04.070 Bed and Breakfast Establishments
Chapter 17.19
BED AND BREAKFAST ESTABLISHMENTS
Sections:
17.19.010 Purpose.
17.19.020 Definitions.
17.19.030 Applications and approvals 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 agriculture zone.
17.19.070 Findings required.
17.19.080 Revocation of a permit.
17.19.010 A. Purpose and Applicability.
A. The provisions in this Section shall apply to bed and breakfast establishments, as defined in Article 9
(Definitions) and where allowed in compliance with Article 2 (Zones, Allowable Uses, and Development
Standards). The purpose is Tto establish standards for the development of bed and breakfast establishments
within the residential and agriculture zones of the Ccity 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
areis consistent with or does not negatively affect the character or function of the neighborhood and
surroundings.
(Ord. 1429 § 3 (part), 2003)
A.
B. Applications and Approvals Required. In addition to the applicable permit requirements identified in Article 2,
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.
General standards.
General Sstandards.
Attachment 4
ADMINISTRATIVE DRAFT 17.19.020 Definitions.
“Bed and breakfast inn” means 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. (Ord. 1429 § 3 (part), 2003)
17.19.030 Applications and approvals required.
A bed and breakfast inn is allowed as specified in Chapter 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. (Ord. 1429 § 3 (part), 2003)
17.19.040 General standards.
C. The folloowingfollowingse standards apply to all bed and breakfast homes or inns in the R-3, R-4, and AG zone
districts:
1. The main building of the bed and breakfast establishment shall 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.
;
A3. The use permituse permit is subject to review at any time and may be revoked after a hearing by the
Planning planning commissionCommission and a finding by the Planning planning
commissionCommission that the use has become detrimental to the surrounding neighborhood.;
B4. A bed and breakfast inn mustshall comply with all other provisions of the zone in which it is located and
mustshall comply with all other ordinances of the cCity.;
C5. A city business license issued by the City is required and remittance of transient occupancy tax is
required.;
6D. Any other conditions deemed essential and desirable by the planning commissionPlanning Commission
may be imposed on such a use.;
E7. The home shall not be used by the public or paying guests for the hosting of receptions, private parties or
the like.;
F8. Meals, if provided, shall be served only to residents and overnight guests of the bed and breakfast home.;
G9. There shall be no separate or additional kitchen facility for the guests.;
H10. 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 Ccultural Hheritage Ccommittee and Aarchitectural Rreview Ccommission approval.;
I11. 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.;
Attachment 4
ADMINISTRATIVE DRAFTJ12. 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 Ccity sign regulations for the zone district.
The sign shall complement the nature of the use,; meaning thati.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. (Ord. 1429 § 3 (part), 2003)
17.19.050 Site Ddevelopment and Pperformance Sstandards in the R-3 and R-4 Zzones.
D. These additional standards apply to bed and breakfast inns in the R-3 and R-4 zones:
1
A. 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;
B. Accessory buildings and structures may also be used for bed and breakfast guest rooms;
C. Generally, Tthe minimum parking setback for guest/employee spaces shall be fifteen 15 feet from a “street
yardsetback area” and five feet55 feet from an “other yardsetback” (yards as defined in Section
17.16.020Article 9 (Definitions)). from the front property line and any street side yard and five feet from the
rear and side property lines. The parking area shall be screened from direct view of the public right-of-way
by a completely planted visual barrier.;
D2. 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.;
E3. TIn general, the number of guest rooms permittedallowed should be based on the Ccity’s density unit
calculation with a rental room counting as a studio, and shall in no case exceed fifteen15 rooms. 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 guest rooms that may be permittedallowed in any location shall include the relationship of the site to
parking, access, character, size, and scale of surrounding uses.;
F4. Sites with historic structures shall balance outdoor space for guest use with space required for off-street
parking needs. (Ord. 1429 § 3 (part), 2003)
E. 17.19.060 Site Ddevelopment and Pperformance Sstandards in the Aagriculture (AG) Zzone.
These additional standards apply to bed and breakfast homes or inns in the agriculture (AG) zone:
A. 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;
B. Accessory buildings and structures may also be used for bed and breakfast guest rooms;
C1. The establishment of a bed and breakfast use shall not result in the conversion of land in agricultural
production.;
2D. Factors used in determining the appropriate number of guest rooms that may be permittedallowed 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 permittedallowed exceed 15 fifteen. (Ord. 1429 § 3
(part), 2003)
Attachment 4
ADMINISTRATIVE DRAFT
F. 17.19.070 Findings Rrequired.
In approving a use permit for a bed and breakfast inn, the planning commissionCommissionReview Authority
mustshall make all of the following findings:
A1. The establishment of the bed and breakfast inn is consistent with the general planGeneral Plan.;
B2. 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.;
3C. 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
4D. 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 permituse permits contained in
Section 17.XX.XXX. (Ord. 1429 § 3 (part), 2003)
G. 17.19.080 Revocation of a Ppermit.
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
directorDirector may schedule a public hearing before the Planning planning commissionCommission to consider
revocation of the permit. (Ord. 1429 § 3 (part), 2003)
17.XX.080 Commercial Recreation – Small Scale
17.XX04.080 Convenience Stores
17.08.095 Neighborhood grocery markets.
A. Intent. The standards in this Section are intended to ensure convenience stores will serve persons who live or
work in nearby neighborhoods, and who will normally not need a vehicle to get to the market. The standards
should ensure that such stores 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 convenience stores:
A. Intent. The standards in this section are intended to assure ensure convenience stores will serve persons who live
or work in nearby neighborhoods, and who will normally not need an automobile to get to the market. The standards
should ensure that such stores 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 convenience stores:
Attachment 4
ADMINISTRATIVE DRAFT1. Maximum Size. Gross floor area shall not exceed three thousand4,500 square feet per business. Floor
area for any accessory residential use shall not be counted toward the allowed store floor area.
2. Height, Setback, and Lot Coverage. Convenience stores shall comply with the height, setback, and
coverage requirements for the underlying zone, except that stores 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 permittedallowed only between the hours of eight 8:00a.m. AM and nine 9:00 p.m.PM.
4. Hours of Operation. Convenience stores shall open for business no earlier than seven-thirty 7:30 A.M.AM,
and shall close no later than ten 10:00 P.M.PM.
5. Alcohol Sales. Convenience stores within residential zones may sell beer and wine, but shall be prohibited
from selling alcoholic beverages liquor of any kind.
6. Performance Standards. Convenience stores shall comply with Chapter 17.18,Article 3 (Regulations and
Standards Applicable to All Zones) Performance Standards. 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. Convenience stores 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 (Architectural
Commission) of this codethe Municipal Code. (Ord. 1553 § 3 (part), 2010; Ord. 1438 § 8 (part), 2003; Ord.
1265 § 2 Ex. A, 1994)
Day Care – Small Family (Eight or fewer children)
See 17.08.100 above
Day Care Centers – Adult and Children
See 17.08.100 above
17.XX04.090 Electronic Game Amusement Centers
17.08.060 Electronic game amusement centers.
A. Purpose and Applicability. The purpose of this Section is to ensure that electronic game amusement centers
defined in Article 9 (Definition) as a Commercial Recreation Use – Small Scale and where permitted in Article 2
(Zones, Allowable Uses, and Development and Design Standards) is compatible with surrounding and adjacent
uses and does not create an adverse impact on adjacent properties by reason of noise, parking and litter.
B. Licenses Required. No electronic games amusement center shall be permitted without filing for and receiving
approval of a license subject to the provisions of Chapter 5.52 (Electronic Games Amusement Center) of the
Municipal Code.
C. Operational Requirements. Electronic games amusement centers shall comply with the following requirements:
During the processing of the required use permit for an electronic game amusement center (see Section
17.100.050, Definitions, “E”), the appropriateness of the proposed location and possible land use conflicts
created by the use shall be evaluated.
Attachment 4
ADMINISTRATIVE DRAFT
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:
A1. Centers shall comply with all applicable laws and conditions of use permit approval.;
2B. No center shall be allowed:
a1. Within one thousand feet 1,000 feet of the exterior limits of any public or private elementary school,
junior high school, orf high school.;
2b. Within five hundred500 feet of the exterior limits of a PF district or any district where residential use is
the principal permittedallowed use.;
3c. Within five hundred500 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;
4d. Within one thousand1,000 feet of the exterior limits of any other premises occupied by another
electronic game amusement center.;
C3. No person under eighteen 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.;
D4. Centers shall have at least one responsible adult supervisor on duty at all times, whose primary
responsibility shall be supervision of electronic game play.;
E5. Noise attenuation measures shall be taken as required by conditions of use permit approval.;
F6. No person under eighteen 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.;
G7. 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;
H78. Centers shall be closed from two 2:00 A.M.AM to six 6:00 A.M.AM and for such time as required by
conditions of the use permit. use perm
I89. Adequate space shall be provided for each electronic game so as to allow its use without overcrowding.;
910J. Parking shall be as required by the use permituse permit for a center.
D. K. Facility and Operation Exceptions. Exceptions to any of the requirements listed in this Ssection may be
considered during the use permit review process provided all of the following findings can be made:
1a1. 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.;
2b2. 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.;
Attachment 4
ADMINISTRATIVE DRAFT3c3. The purpose and intent of the facility and operation requirements are still met with the approval of
the requested exception. (Ord. 1265 § 2 Ex. A, 1994)
17.XX04.100090 Family Day Care – Large Family (Seven to 14 children)Adult and Children
17.08.100 Child and adult day care.
A. Intent. The provisions identified in this Ssection are intended to enable child and adult day care opportunities
throughout the Ccity, 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.
B. Permits Required.
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 Zzoning Rregulation. They may
be established in all zones where dwellings are allowed. No use permituse permit is required.
2. Adult day care facilities serving seven to twelve 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 facilities require written approval by the community development
directorDirector, consistent with the following review procedures:
a. Public Notice. Mailed notice of the proposed use shall be given to all property owners within no more
than a one-hundred100-foot radius of the exterior boundaries of the proposed facility site, no fewer than
ten 10 days prior to the directorDirector’s action to approve or deny an application for a day care facility
serving seven to twelve12 adults or nine to fourteen 14 children. If no written request for hearing is
received by the Ccommunity Ddevelopment Ddepartment within 10 ten days from the mailing of these
notices, the directorDirector may approve the requested use upon submission of all required
information and without further notice or public hearing.
b. Public Hearing. A public hearing shall be required if requested in writing by the applicant or any other
affected person.
c. Approval. The directorDirector is authorized to approve day care facilities serving seven to twelve12
adults or nine 9 to fourteen 14 children, subject to the appeal provisions of Chapter 17.66Article 6
(Permit Procedures) of this title. In accordance with applicable sections of the California Health and
Safety Code, the directorDirector shall approve the use when he or she determines that the proposed
facility:
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 State Department of Social
Services; and
iv. Will satisfy performance standards of this section relating to noise, traffic, and parking.
Attachment 4
ADMINISTRATIVE DRAFT3. Day care facilities serving more than twelve 12 adults or more than fourteen 14 children require approval of
an administrative use permit where not otherwise allowed or prohibited, consistent with Section
17.22.010Table 9 (, Uses Allowed by Zone) , and Chapter 17.58, Use Permits. These facilities are subject to
the performance standards outlined below.
C. 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 Chapter 9.12 (Noise
Regulations) of the Municipal Codethe Noise Ordinance (Chapter 9.12 of this code). Where the day
care facility is adjacent to housing in a residential zone, outdoor play and activities shall be prohibited
prior to nine 9:00 A.M.AM.
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. See Section 17.XX.XXX (Off-Street Parking) of this Title.
a. Day care facilities with seven to twelve 12 adults or nine to fourteen 14 children: one on-site parking
space is required, in addition to parking required for the residence, except when the
directorDirector finds that adequate on-street parking exists for dropping off and picking up clients.
b. Day care centers with more than twelve 12 adults or more than fourteen 14 children mustshall
provide two spaces per facility and one space for each twelve 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 if the center is located in a home. See Section 17.16.060 of this title.
D. 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 fourteen or fewer children for the exclusive use of
employees, day care is allowed by right, providing the primary use meets Ccity parking standards.
E. 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.
Exceptions.
E. Exceptions. Nothing in this Ssection shall prohibit applicants from requesting exceptions Administrative
Adjustments or Vvariances from the strict interpretation of the zoning regulations to the extent allowed by
said regulations. The directorDirector may authorize minor exceptions to performance standards upon
finding that :
1. tThe modification is in accordancein compliance with with the intent and purpose of this Titlethe zoning regulations,
and consistent with Ccity day care policy.
F.
G. F. Nonconforming Status. All day care facilities licensed by the Sstate at the time of ordinance adoption
(1992) shall be considered legal nonconforming uses, consistent with Chapter 17.10 of this codeArticle 5
Attachment 4
ADMINISTRATIVE DRAFT(Nonconformities). However, ; except, that nonconforming day care facilities may not be changed to
another nonconforming use. (Ord. 1365 § 3 (part), 2000: Ord. 1265 § 2 Ex. A, 1994)
17.XX04.110 Food TrucksMobile Food TrucksVending
A. Purpose and Applicability. The purpose of this Section is to ensure that off-street mobile food trucks vending,
as defined in Article 9 (Definition) and where permitted in Article 2 (Zones, Allowable Uses, and Development
and Design Standards), areis compatible with surrounding and adjacent uses and does not create an adverse
impact on adjacent properties by reason of noise, parking, and litter.
B. Permit and Licenses Required. No mobile vendor vehicles shall operate on private property without filing for
and receiving approval of a Zoning Clearance. No Zoning Clearance shall be issued for a mobile vendor vehicle
that operates within the public right-of-way. In addition to obtaining a Temporary Use Permit pursuant to Section
17.xx.xxx (Temporary Use Permits), operators of food trucks shall comply with All other requests for mobile food
vending shall be consistent with the provisions of Chapter 5.16 (Solicitors and Peddlers) of the Municipal Code
and the following.
1. Health Permit Required. The mobile food vendorfood truck operator must have a valid permit issued by
the County Department of Health. All required County Health permits must be in the possession of the food
truck operator mobile food vendor at all times during which it operatesoperations within the City.
2. Business License Required. The food truck operator mobile food vendor must have a valid business
license issued by the City. As part of its application for a business license, the food truck operator mobile
food vendor shall furnish to the City evidence of insurance, as deemed acceptable in the reasonable
discretion of the City, against liability for death or injury to any person as a result of ownership, operation, or
use of its vending vehicles.
3. Duration and Hours of Operation. No food truck mobile food vending shall operate for more than two
consecutive days, and before 8:00 AM or after 11:00 PM, including set -up and clean -up.
4. Written Approval of Owner. The written approval of the owner of the location shall be obtained. A copy of
this approval shall be provided to the Director the Director with the Zoning Clearance application, prior to
operating at the location. The food truck operatorvendor shall maintain proof of the owner’s approval in the
vehicle. The person operating the mobile vendor vehiclefood truck shall present this proof upon the demand
of a peace officer or Ccity employee authorized to enforce this article.
5. Consolidation. At the discretion of the Director, the following requests may be reviews and permitted as a
single, consolidated operation: requests to operate 1) more than one mobile food vending vehicle food truck
by the same applicant or food truck business owner, r; 2) multiple requests for mobile food vending vehicle
on a private property,; or 3) in conjunction with a Special Event Permita Special Event may be reviewed
and permitted under a consolidated permit.
C. Operational Requirements. Food truck operators Mobile vendor vehicles operating on private property
shall comply with the following requirements:
1. Parking Location. The vehicle shall only be stopped, standing, or parked on surfaces paved with
concrete, asphalt, or another impervious surface.
2. Staffing. A minimum of one person shall attend a food truck vehicle during the permitted hours of
operations.
Attachment 4
ADMINISTRATIVE DRAFT3. Food. Only the sale of food items for immediate consumption is permitted. Sale of food items in glass
containers is prohibited. Chapter 9.10 (Marijuana Regulations) of the Municipal Code that prohibits any
marijuana/cannabis businesses within the City.
4. Vehicle Types. No food may be sold from a vehicle used a dwelling or recreational vehicle. Only
commercial vehicles with current registration with the State areis allowed to be issued a Zoning
Clearance to operate food trucks.mobile food vending.
5. Litter Removal. The mobile vendor vehiclefood truck and surrounding property shall be maintained in a
safe and clean manner at all times. The food truck operator mobile food vendor must remove litter
caused by its products from any public and private property within a 25-foot radius of the vending
vehicle's location.
6. No Discharge of Liquid. The food truck operator mobile food vendor shall not discharge any liquid
(e.g., water, grease, oil, etc.) onto or into City streets, storm drains, catch basins, or sewer facilities. All
discharges shall be contained and properly disposed of by the food truck operatormobile food vendor.
7. Noise. The food truck operator mobile food vendor shall be subject to the noise provisions set forth in
Chapter 9.12 (Noise Control) of the Municipal Code. The operation shall at all times be conducted in a
manner not detrimental to surrounding properties or residents by reason of lights, noise, activities,
parking or other actions. The applicant shall prohibit loitering at the site and shall control noisy patrons
on-site and those leaving the premises. No amplified music or loudspeakers shall be permitted.
8. Fire Department Requirements. All mobile food vendors' vendingfood trucks vehicles shall be
inspected and approved by the Fire Department prior to issuance of its initial business license and from
time to time thereafter in the discretion of the Fire Department. At a minimum, all cooking equipment
producing grease- laden vapors shall be protected by a UL 300 listed automatic fire- extinguishing
system. A Class K fire extinguisher shall be provided within each vending vehicle at an accessible
location. All fire protection equipment shall be properly maintained and serviced at intervals required by
the California Fire Code.
D. Additional Conditions and Requirements. Thise Section permits the Director or designee to exercise the
discretion to review, request from applicants’ additional information, take authorized action, and impose
additional conditions that are more restrictive than allowed in this Sectionion, on any requests for mobile
food vending.
17.XX.120 General Market
17.XX.120 General Retail
17.XX.120 Group Housing
17.XX.120 High Occupancy Residential Use
Attachment 4
ADMINISTRATIVE DRAFT
17.XX04.120 New
17.XX.120 Home Occupations
17.08.090 Home occupations.
A. A. A. IntentPurpose and Applicability. The provisions set forth set forth outlined in this Ssection are intended
to allow the conduct of home enterprises which are incidental to and compatible with surrounding residential
uses. A “home occupation” is gainful employment engaged in by the occupants of a dwelling.
B. B. Permit Required.
1. 1. The conduct of a home occupation requires the approval of a home occupation permit by the
directorDirector, who may establish additional conditions to further the intent of this Ssection. 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.
2.
1.
A public notice shall be posted at the site of each proposed home occupation. If any personone informs the
Ccommunity Ddevelopment Ddepartment of a question or objection concerning the proposed home
occupation that cannot be satisfactorily resolved within five days of the posting, the directorDirector shall
schedule a hearing for the application as provided for in Section 17.xx.xxx ( administrative useuse permit
permit.) If no questions or objections are received by the Ccommunity Ddevelopment Ddepartment within
five days after posting, the directorDirector may issue the permit upon submission of all required information
and without further notice or public hearing.
2.
2. 2. State-licensed small-family child day care operations care centers for six of fewer children are exempt
from home occupation regulations (see State Health and Safety Code, Section 1529.5).
3. The provisions in this Section shall apply to cottage food operations, as defined by Section 113758 of the
State Health and Safety Code and subject to prior issuance of a permit for a cottage food operation from the
County Health Agency, as required by Health and Safety Code Section 114365.
C. General Requirements.
Attachment 4
ADMINISTRATIVE DRAFT1.
1. 1. Home ococcupations shall not involve customer access or have characteristics which would reduce
residents’ enjoyment of their neighborhoods. The peace and quiet of residential areas shall be maintained.
2. 2. A home occupation use shall not allow any clients or customers without prior appointments, and shall not
allow more than six appointments or clients in any one day..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 students in any one day.
2. 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 clients in any one day.
3. c. Attorneys, accountants and other low visitation consultants.
d. "Cottage Food Operations" as defined by Section 113758 of the California Health and Safety Code for which
no more than one client is allowed within the premises at a time.
3. Businesses with customer access shall maintain at least one on-site customer parking space in addition to
their required residential parking. For the purposes of this Ssection only, parking in a driveway that has a
minimum depth of twenty 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.
4.
34. 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.)
.
5.
3. 45. There shall be no sales, rental, or display on the premises. (Internet and phone sales are
permissibleokay).
6.
56. There shall be no signs other than address and names of residents.
Attachment 4
ADMINISTRATIVE DRAFT4. 67. 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.
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.
5. 78. 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 square feet of advertising. Licensed vehicles and trailers used in connection with a home occupation are
limited to one additional vehicle and/or trailer.
7.
6. 89. The home occupation shall not encroach on any required parking, yardsetback area, or open space
area.
8.
7. 910. Parking for vehicles used in connection with the home occupation shall be provided in addition to
parking required for the residence.
8. 1011. 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.
9.
9. 1112. No use shall create or cause noise, dust, vibration, smell, smoke, glare, or electrical interference, or
other hazard or nuisance.
10.
10. 1213. 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.)
11.
11. 1314. Clients or customers shall not visit the home occupation between the hours of seven 7:00 P.M. PM and
seven 7:00 A.M.AM.
12.
12. 1415. If the home occupation is to be conducted from rental property, the property owner’s authorization for
the proposed use shall be obtained.
13.
14. 1516. No delivery or commercial pick-up shall be by vehicles larger than a typical delivery van (Fed Ex,
UPS, etc.). Direct customer pick-up is prohibited.
Attachment 4
ADMINISTRATIVE DRAFTD. 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 permittedallowed as home
occupations; however, off-site work is permittedallowed:.
1. 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 permittedallowed, when no more than one
client visit or group session is held at one time.;
6. Appliance, radio, or television repair.;
7. Print shops or photograph development; digital photo production is permittedallowed.;
8. Gun or ammunition sales, including off-site work and by mail order. (Ord. 1500 § 3 (part), 2007; Ord. 1265 §
2 Ex. A, 1994)
9. 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 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.
17.XX04.130 Homeless Shelters
Purpose. 17.08.110 Homeless shelters.
A. The requirements of this Ssection are for homeless shelters iwithin the PF zone which may be established
without use permita discretionary permit review. Homeless shelters in other zones subject to discretionary ,
which require use permit review, will be reviewed in the context of the cCity’s Ggood Nneighbor Ppolicy adopted
in City Council Resolution No. 10525 (2014 Series) and may be subject to conditions of approval with
requirements that vary from these standards.
B. Standards. The following standards shall apply to all homeless shelters.
1A. The shelter shall be operated by a responsible agency or organization, with experience in managing or
providing social services.
2B. The shelter shall provide at least one qualified on-site supervisor at all times, plus one attendant for each
fifty 50 occupants.
3C. A No new homeless shelter shall be established not be approved when another homeless shelter exists
within three hundred300 feet of an existing homeless shelter.the proposed site. This requirement restriction
may be modified by use permituse permit.
Attachment 4
ADMINISTRATIVE DRAFTD. Homeless shelters proposed adjacent to residential neighborhoods shall require architectural review to
ensure the shelter design provides for adequate privacy between uses and minimizes potential impacts of
the proposed shelter to adjacent residences.
E. Parking shall be supplied at a ratio of one vehicle space per ten beds, and one secured bicycle parking area
designed to accommodate up to one bicycle per ten beds.
F. Each homeless shelter shall be limited to a maximum occupancy of two hundred fifty250 persons (in total),
including warming shelters and daytime facilities.
G. A management plan shall be required to address how the immediate sheltering needs of individuals who
may be turned away from the shelter will be handled. The management plan shall establish a maximum
length of time for which clients may be accommodated. (Ord. 1602 § 4, 2014; Ord. 1571 § 3, 2012; Ord.
1553 § 7, 2010: Ord. 1265 § 2 Ex. A, 1994)
17.XX04.140 Homestay Rentals
A. Purpose and Intent. The purpose of this Section is to is to allow owner-occupied homestay rentals as defined in
Article 9 (Definition) and where permitted in Article 2 (Zones, Allowable Uses, and Development and Design
Standards) with reasonable standards to preserve neighborhood character and quality of life.
17.08.140 Homestay rentals.
B. Permit Required. The conduct of a homestay rental requires the approval of a homestay permit by the Director,
who may establish additional conditions to further the intent of this Ssection. If anyone informs the Community
Development Department of a reasonable objection concerning the proposed homestay within the public
notification period, the Director may schedule a hearing for the application as provided for administrative
spursuant to the requirements of a Minor Use Permit . Any request to waive or modify subsection (C)(4) of this
section shall require an administrative .a Minor Use Permit.
A. Purpose and Intent. The purpose of these regulations is to allow owner-occupied homestay rentals in the city
with reasonable standards to preserve neighborhood character and quality of life.
B. Definitions.
1. Bed and Breakfast Inn. A building or group of buildings providing less than fifteen bedrooms or suites
that are rented for overnight lodging, with a common eating area for guests.
2. Homestay. An owner-occupied dwelling unit where bedrooms are provided for compensation for fewer
than thirty consecutive days with a maximum of four adult overnight guests.
3. Owner Occupancy. A lawfully permitted dwelling that is occupied by the owner(s) named on the
property deed as their primary residence and is occupied by them for the major portion of the year.
4. Responsible Party. A person over the age of eighteen who is designated by the owner of the property
as a point of contact for the homestay rental in the event the owner-occupier is not on the property at all
times during the rental to answer for the maintenance of the property and conduct and acts of homestay
guests. The responsible party’s contact information must be provided to homestay guests and adjacent
neighbors and stated on the application.
Attachment 4
ADMINISTRATIVE DRAFT 5. Vacation Rental. A dwelling or part of a dwelling where lodging is furnished for compensation for
fewer than thirty consecutive days without concurrently being occupied by the property owner. Vacation
rentals are not allowed in the city of San Luis Obispo.
C. Permit Required. The operation of a homestay requires a homestay permit through an administrative
approval by the community development director, who may add, delete, or modify conditions to further the intent
of the ordinance codified in this section. The conduct of a homestay requires the approval of a homestay permit
by the Director, who may establish additional conditions to further the intent of this section. If anyone informs the
Community Development Department of a reasonable objection concerning the proposed homestay within the
public notification period, the Director may schedule a hearing for the application as provided for administrative
use permits. Any request to waive or modify subsection (D)(4) of this section shall require an administrative use
permit.
C. D. Application Requirements.
1. 1. Operators of homestays in all zones are required to obtain a homestay permit and a business license.
2. 2. The operator of the homestay shall pay transient occupancy tax and tourism business improvement district
tax as required by the San Luis Obispo Municipal Code.
3. 3. The operator of the homestay mustshall annually provide verification of primary residence through the
homeowner’s property tax exemption or other appropriate documentation.
4. 4. The operator of the homestay mustshall provide a site plan providing forwith at least one on-site parking
space in addition to their required residential parking for the zone in which the homestay is located. Parking
in a driveway that has a minimum depth of twenty 20 feet from the back of sidewalk and is made available
during rentals shall meet the definition of a parking space.
5. 5. The operator of the homestay mustshall provide the name and contact information of a responsible party in
the application if the owner-occupier anticipates he or she may not be on the premises at all times during the
homestay rental.
D. Performance Standards.
1. Homestays shall comply with the property development and performance standards listed set forth in Article
2 (Zones, Allowable Uses, and Development and Design Standards) and Article 3 (Regulations and
Standards Applicable to All Zones).
2.
3.2. All building and fire code regulations shall be met.
4.
5.3. The number of overnight guests shall be limited to four adults. Bedrooms shall meet the minimum size
requirements as defined in the B building Ccode.
6.
7.4. At all times when a homestay rental is occurring, the owner or responsible party shall be within a fifteen15-
minute drive of the property. The owner or responsible party shall be available via telephone twenty-four24
hours a day, seven days a week, to respond to complaints regarding the homestay. Contact information for
the owner and responsible party shall be provided to homestay guests, adjacent neighbors and stated on
the application.
8.
Attachment 4
ADMINISTRATIVE DRAFT9.5. Upon sale or transfer of the home for which a homestay permit has been granted, a new homestay
application shall be required within sixty 60 days of the transfer. Failure to submit a new application as
required within sixty 609 days shall result in the termination of the existing allowed use.
10.
11.6. The homestay shall be limited to only the owner-occupied dwelling unit on the property.
12.
13.7. Homestay rentals are not allowed in guest houses or guest quarters.
14.
15.8. Any advertisements for the homestay shall include the business license number. On-site
advertising of the homestay is prohibited.
E. Performance Standards.
1. 1. Homestays shall comply with the property development and performance standards listed in Chapters
17.18 and 17.19.
2. 2. All building and fire code regulations shall be met.
3. 3. The number of overnight guests shall be limited to four adults. Bedrooms shall meet the minimum
size requirements as defined in the building code.
4. 4. At all times when a homestay rental is occurring, the owner or responsible party must be within a
fifteen-minute drive of the property. The owner or responsible party must be available via telephone
twenty-four hours a day, seven days a week, to respond to complaints regarding the homestay. Contact
information for the owner and responsible party must be provided to homestay guests, adjacent
neighbors and stated on the application.
5. 5. Upon sale or transfer of the home for which a homestay permit has been granted, a new homestay
application shall be required within sixty days of the transfer. Failure to submit a new application as
required within sixty days shall result in the termination of the existing permitted use.
6. 6. The homestay shall be limited to only the owner-occupied dwelling unit on the property.
7. 7. Homestays are not permitted in guest houses or guest quarters.
8. Any advertisements for the homestay shall include the business license number. On-site advertising
of the homestay is prohibited.
E. F. Revocation of a Permit.
1. Violation of these requirements and standards shall constitute grounds for revocation of the homestay
permit.
2.
16.2. At any time, the permit can be referred to an administrative review hearing if determined by the
Director upon receipt of substantiated written complaints from any resident citizen, code enforcement officer,
or police department officer, which includes information and/or evidence supporting a conclusion that a
violation of the permit, or of Ccity ordinances or regulations applicable to the property or operation of the
homestay, has occurred. At the time of the permit review, to ensure compliance with applicable laws and
conditions of permit, conditions of approval may be added, deleted or modified, or the permit may be
revoked.
Attachment 4
ADMINISTRATIVE DRAFT1. 1. Violation of these requirements and standards shall constitute grounds for revocation of the homestay
permit.
2. At any time, the permit can be referred to an administrative review hearing if determined by the
community development director upon receipt of substantiated written complaints from any citizen,
code enforcement officer, or police department officer, which includes information and/or evidence
supporting a conclusion that a violation of the permit, or of city ordinances or regulations applicable
to the property or operation of the homestay, has occurred. At the time of the permit review, to
ensure compliance with applicable laws and conditions of permit, conditions of approval may be
added, deleted or modified, or the permit may be revoked.
F. G. Appeal. Appeal procedures for this section shall be as provided by Chapter 17.XX66 (Appeals). (Ord. 1611 §
4, 2015)
17.XX.150 Mixed Use Development
17.XX.150 Office Uses
17.XX04.150 Outdoor Sales on Commercial and Residential Lots
17.08.020 Outdoor sales on commercial and residential lots.
A. A. Sales of Christmas Trees and Other Agricultural Products. Upon written approval of a Temporary Use
Permitn administrative action by the directorDirector, premises within nonresidential 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 directorDirector 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 26th. The duration
of pumpkin and seasonal produce sales shall be subject to directorDirector approval.
3. The site shall be maintained in a neat and orderly manner at all times. All sales items, sales equipment,
temporary power poles, and other temporary structures, and signage signs shall be kept behind a ten10-foot
setback from all street rights-of-way, and they shall be removed within ten 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. Any such
camper or trailer shall be set back at least , if kept more than ten 10 feet back from the street right-of-way.
5. A sign permit shall be obtained for any proposed signagesigns. Maximum sign area shall not exceed thirty-
two32 square feet. No bunting strips, banners, flags, whirligigs, or other attention-getting devices shall be
displayed on-site without directorDirector approval.
6. TWhen the use is temporary or intermittent, the applicant may be required to post a refundable deposit, set
by the community development directorDirector, with the Ccommunity Ddevelopment Ddepartment to
assure ensure 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.
Attachment 4
ADMINISTRATIVE DRAFT
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 sState Fire Marshal-
approved material by a Sstate-licensed application.
9. Applicants shall obtain a Ccity business tax certificate. A copy of the directorDirector’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 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 Ccounty health Healthdepartment Agency.
12. Restroom facilities shall be provided either on -site or on a nearby property to the satisfaction of the Cchief
Bbuilding Oofficial.
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 directorDirector’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. B. Other Outdoor Sales.
1. 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) of the Municipal Code.
1. .)
2. 1. Other outdoor sales require approval of an administrative use permituse permit, except in cases where
the directorDirector determines a planning commissionPlanning 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 permitpermit approval.
C. Garage and Yard Sales. On any residentially developed parcelslots, garage or yard sales are allowed a
maximum of four times within a twelve12-month period, subject to the following requirements:
1. Each garage or yard sale may shall not exceed three consecutive days.
2. Each unit within multi-unit apartment family or condominium projects and common interest subdivisions may
have up to four garage/yard sales in approved common areas with the permission of the homeowners’
association (for sales within common areas), property owner, or approved property manager.
3. Items shall consist of normally accumulated household items (clothing, furniture, etc.). Items offered for sale
may not include items acquired for resale.
Attachment 4
ADMINISTRATIVE DRAFT
4. One on-site sign not to exceed four square feet shall be permittedallowed during the sale. No other signs
are permittedallowed in the area and no signs may be displayed within a the public right-of-way. On-site
signs shall be consistent with applicable sign regulations.
5. Garage and /yard sales are not permittedallowed on vacant lots. (Ord. 1591 §§ 10, 11, 2013; Ord. 1265 § 2
Ex. A, 1994)
17.XX.160 Parking as a Principal Use
A. Parking as a Principal Use. Where parking as a principal use is permitted in compliance with Table 9 or Table 10,
Use Permit approval may include deviations to otherwise applicable setback requirements and building height limits.
A multi-level parking facility shall require the approval of a use permit by the planning commission.
Use Permit approval may include deviations to otherwise applicable setback requirements and building height limits.
A multi-level parking facility shall require the approval of a Use Permit by the Planning Commission.
17.XX04.1760 Pools and Pool Equipment – Location
17.08.120 Location of pools and pool equipment.
A. A swimming pool shall not be located in a required front setback area or side yardsetback area.
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 setback area or that portion of side yard setback
area 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 10 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 and acoustically shielded
to ensure compliance with Chapter 9.12 (Noise) of the Municipal Code. (Ord. 1346 § 3 (part), 1999)
17.04.1780 Recreational Vehicles: as Dwelling Unit—LimitationsParking Use as Dwelling;
Parked on a Private Lot
Recreational vehicles and trailers without current licenses shall be screened consistent with Section 17.17.040. For
recreational vehicles and trailers with current licenses, see Section 17.17.040.D.7 for parking requirements.
A. Use for Living or Sleeping Prohibited on Private Property. No recreational vehicle, camper shell, automobile
or similar device shall be used for living or sleeping quarters on private property, except in a lawfully operated
mobile home park, travel trailer park, campground, or safe parking facility, except as provided in Section
17.08.010(C)(4) et seq.XX.190 (Safe Parking) and as otherwise provided in thits Section.
A.B. Overnight Camping Prohibited on Specified Public Properties. Within Ccity streets, areas of the public
right-of-way, and Ccity-owned parking areas, parking of vehicles for purposes of overnight camping or sleeping
is prohibited by and shall be subject to enforcement in accordance with Chapter 10.34. (Ord. 1584 § 3, 2012:
Ord. 1484 § 14, 2005: Ord. 1277 § 5, 1995).
A.
17.080.010.C.
Attachment 4
ADMINISTRATIVE DRAFTC. Exception: 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 in a calendar year 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.
D. Recreational Vehicle Parking – Where Permitted.
1. Recreational vehicles and trailers with current licenses may be parking in driveways consistent with Section
17.XX.XXX (Front Yard Parking).
B.2. Boats, trailers, camper shells, recreational vehicles, jet skis, and similar devices, and parts of these items,
may be parked in any side or rear yard outside of any required setback area. However, any such device or
part so parked must be screened from any public right-of-way as set forth in Section 17.XX.XXX (Visible
Storage and Maintenance.)
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.
3. Mobile Home as Temporary Residence at Building Site. Upon written approval by the 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 eighteen months.
17.16.015 Recreational vehicle as dwelling unit.
No recreational vehicle, camper shell, automobile or similar device shall be used for living or sleeping quarters on
private property, except in a lawfully operated mobile home park, travel trailer park, campground, or safe parking
facility, except as provided in Section 17.08.010(C)(4) et seq. Within city streets, areas of the public right-of-way, and
city-owned parking areas, parking of vehicles for purposes of overnight camping or sleeping is prohibited by and shall
be subject to enforcement in accordance with Chapter 10.34. (Ord. 1592 § 4, 2013: Ord. 1584 § 3, 2012: Ord. 1484 §
14, 2005: Ord. 1277 § 5, 1995)
See also Section 17.08.010.C (2): Mobile Home as Construction Office.
17.XX04.1890 Recycling Facilities
A. Purpose and Applicability. The provisions in this Section shall apply to recycling facilities, as defined in Article
9 (Definitions) and where allowed in compliance with Article 2 (Zones, Allowable Uses, and Development and
Design Standards).
B. Reverse Vending Machines
1. Accessory Use. Reverse vending machines may be installed as an accessory use to an allowed or
conditionally allowed primary use on the same site.
Attachment 4
ADMINISTRATIVE DRAFT2. Location. Machines shall be located adjacent or as near as feasibly possible, to the entrance of the
commercial host use and shall not obstruct pedestrian or vehicular circulation. Machines can be located
against a wall, but not in parking areas.
3. Identification. Machines shall be clearly marked to identify the type of material to be deposited, operating
instructions, and the identity and phone number of the operator or responsible person to call if the machine
is inoperative.
4. Trash Receptacle. MachinesThe owner or operator of the property shall provide a minimum 40-gallon
garbage can for non-recyclable materials located adjacent to the reverse vending machine.
Hours of Operation. No restrictions.
C. Recycling Collection Facilities
1. Size. Recycling collection facilities shall not exceed a building site footprint of 350 square feet.
2. Equipment. No power-driven processing equipment, except for reverse vending machines, shallcan be
used.
3. Location. Facilities shall be located at least 75 feet away from a residentially-zoned areaproperties zoned
for residential use and cannot occupy parking spaces required for the main use unless a parking study
shows available capacity during the hours of recycling facility operation.
4. Setback. Facilities shall not be located within a required setback.
5. Containers. Containers shall be constructed of durable waterproof and rustproof materials and secured
from unauthorized removal of material.
6. Identification. Containers shall be clearly marked to identify the type of accepted material, the name and
telephone number of the facility operator, and the hours of operation.
7. Signs. The maximum sign area is limited to 20 percent of the area of the side of facility or container or 16
square feet, whichever is larger. In the case of a wheeled facility, the side is measured from the pavement to
the top of the container.
8. Site Maintenance. Recycling facility sites shall be maintained clean, sanitary, and free of litter and any
other undesirable materials.
D. Recycling Processing Facilities
1. Location. Facilities shall be at least 100 feet from properties zoned for a residential use zone.
2. Screening. The facility shall be screened from public rights-of-way by solid masonry walls or located within
an enclosed structure.
3. Outdoor Storage. Exterior of material shall be in sturdy containers or enclosures that are secured and
maintained in good condition. Storage shall not be visible above the height of the required solid masonry
walls.
4. Identification. Facilities shall be clearly marked with the name and phone number of the facility operator
and hours of operation.
Attachment 4
ADMINISTRATIVE DRAFT
E. Composting and Waste Disposal Facilities.
1. Maintenance—Pest Infestation Prohibited. Waste disposal facilities shall be maintained in such a manner
that vermin and pest infestation cannot take place.
2. Covering or Wetting to Prevent Dust. The owner, proprietor, or caretaker of any composting facility or
solid waste landfill shall use a tarp or, covering or wet down the waste disposal facility with water or
chemical stabilizers at intervals sufficiently frequent to preventcontrol dust.
17.XX04.19200 Safe Parking
17.08.115 Safe parking.
A. A. Purpose and Intent. Safe parking provides homeless individuals and families with vehicles a safe place to
temporarily park overnight in order to facilitate the transition to permanent housing. The provisions set forth
contained in this Ssection enable safe parking in certain zonesing districts in the Ccity subject to specific
performance standards and permit requirements. These standards and requirements are intended to ensure that
safe parking facilities will be compatible with surrounding uses and effective at facilitating participants’ transition
to permanent housing.
B. B. Permit Required. The establishment of a safe parking use shall require Planning Commission Use Permit
approval where allowed, consistent with Table 9 (Uses Allowed by Zone).
C. Application Requirements. Whenever a social service provider (or, if the social service provider is not the
property owner, a property owner who is affiliated with or can qualify as a social service provider) submits a
Planning Commission Use Permit application for consideration, as a part of said the application, sufficient
information shall be submitted to the Ccommunity Ddevelopment Ddepartment to determine whether the
proposed safe parking facility complies with the provisions of this Ssection. In addition to the required Planning
Commission Use Permit application checklist items, the application shall include the following:
B. Definitions.
1. “Safe parking” means a parking program, operated on property located outside of the public right-of-way
and managed by a social service provider that provides individuals and families with vehicles a safe place
to park overnight while working towards a transition to permanent housing.
2. “Social service provider” means an agency or organization licensed or supervised by any federal, state or
local health/welfare agency that participates in the federal Homeless Management Information System
(HMIS) and has demonstrated experience with the homeless population by assisting individuals and
families achieve economic self-sufficiency and self-determination through a comprehensive array of
programs and actions.
3. “Case management” means a system for arranging and coordinating care and services whereby a case
manager assesses the needs of the client and client’s family and arranges, coordinates, monitors, and
advocates for services to meet the client’s needs.
Attachment 4
ADMINISTRATIVE DRAFT
4. “Self-sufficiency program” means a program designed to assist individuals and families in meeting their
basic needs and address any substance dependency and mental health issues so that they do not need
to rely on emergency public or private assistance.
5. “Background check” means a criminal records check from a variety of public sources that would provide
information regarding an individual’s possible criminal history.
C. Permit Required.
1. Planning Commission Use Permit Required. The establishment of a safe parking use shall require planning
commission use permit approval where allowed, consistent with Table 9.
D. Application Requirements. Whenever a social service provider (or, if the social service provider is not the
property owner, a property owner who is affiliated with or can qualify as a social service provider) submits a
planning commission use permit application for consideration, as a part of said application, sufficient information
shall be submitted to the community development department to determine whether the proposed safe parking
facility complies with the provisions of this section. In addition to the required planning commission application
checklist items, the application shall include the following:
1. 1. Site plan indicating the location of trash and recycling facilities, water, restroom facilities, exterior light
fixtures, location and distances to residential properties, public transportation, and location of designated
overnight parking spaces.
1.2. Hours of operation.
2.
3. Monitoring and oversight program.
4.
5.4. Neighborhood relations plan.
6.5. Sufficient information to determine that the applicant is a social service provider that is qualified to operate a
safe parking program or is affiliated with a social service provider that demonstrates the experience and
qualifications to manage the site and meet the performance standards identified in this chapter.
7.
8.6. Any other information the Director may determine is necessary to ensure compliance with the provisions of
this section.
B.D. Performance Standards.:
1. Social Services Provider. Safe parking facilities shall be managed by a qualified social service provider,
subject to the approval of the Director.
2. Case Management. Participants shall be paired with a case manager and enrolled in a self-sufficiency
program to facilitate the transition to permanent housing.
2.
3. Background Check. Prospective participants shall submit to a criminal history background check.
Participant exclusion shall be determined by the social service provider on a case-by-case basis.
Attachment 4
ADMINISTRATIVE DRAFT4. Restroom, Water and Trash Facilities. Restroom, water and trash facilities shall be provided, maintained,
and accessible to participants during safe parking facility hours.
5. Residency Preference. Social service provider shall give preference to those with proof of residency in the
County for a minimum period of six months within the last two years. Evidence of residency may include, but
not limited to, items such as rental agreements, mortgage, utility, hotel and medical facility bills, paystubs,
and intake from homeless service programs.
6. Buffer from Residential Use. Participant vehicles shall maintain a minimum buffer of 50 feet from any
property that contains a residential use. Buffers less than 50 feet may be allowed through the Use Permit
review process on a case-by-case basis when determined to be compatible with the neighborhood. Buffers
greater than 50 feet may be necessary for neighborhood compatibility, which will be determined on a case-
by-case basis as part of the Use Permit review process.
6.
7.
8.7. Authorized Vehicles Only. Social service provider shall ensure that only vehicles registered in the program
are parked overnight during program hours. A parking permit shall be provided to all participants to be
displayed in vehicle windows in a form to be approved by the Public Works Director.
9.
2. Case Management. Participants must be paired with a case manager and enrolled in a self-
sufficiency program to facilitate the transition to permanent housing.
3.
4.
5. Residency Preference. Social service provider shall give preference to those with proof of
residency in San Luis Obispo County for a minimum period of six months within the last two years.
Evidence of residency may include, but not limited to, items such as rental agreements, mortgage,
utility, hotel and medical facility bills, paystubs and intake from homeless service programs.
6. Buffer from Residential Use. Participant vehicles shall maintain a minimum buffer of fifty feet from
any property that contains a residential use. Buffers less than fifty feet may be permitted through
the use permit review process on a case-by-case basis when determined to be compatible with the
neighborhood. Buffers greater than fifty feet may be necessary for neighborhood compatibility,
which will be determined on a case-by-case basis as part of the use permit review process.
7. Authorized Vehicles Only. Social service provider shall ensure that only vehicles registered in the
program are parked overnight during program hours. A parking permit shall be provided to all
participants to be displayed in vehicle windows in a form to be approved by the public works
director.
8. 8. Participant Information. At all times, the social service provider shall maintain a roster of the names and
vehicle license numbers of each participant who is authorized to park overnight.
9. 9. Written Agreement with Participants. Only participants who have entered into a written agreement with
a social service provider shall be allowed to use parking spaces overnight. The written agreement between
Attachment 4
ADMINISTRATIVE DRAFTthe social service provider and participant mustshall include, but not limited to, the following terms and
conditions:
a. . Only one vehicle is allowed per participant.
b. At least one participant per vehicle shall possess a current driver’s license, vehicle registration, and
insurance for the vehicle that will be parked overnight. The sSocial service provider shall keep a copy
of all three on record.
c. Vehicles may only be occupied by participants and approved registered household members. Guests
shall not be allowed.
d. Participants shall not use or possess any illegal drugs or alcohol either on their person or in their
vehicle.
e. Participants shall not use or possess any weapons or firearms of any kind in program vehicles.
f. No fires of any kind shall be permittedallowed.
g. No music may be played that is audible outside participants’ vehicles.
h. No cooking or food preparation shall be performed outside of the participants’ vehicles. Cooking inside
vehicles is prohibited unless the vehicle was manufactured with cooking appliances.
i. Camping tarps or equipment beyond the participant’s vehicle are prohibited.
j. Participants shall maintain control of animals. Animals shall be kept on a leash at all times and animal
waste shall be picked up immediately and disposed of properly.
k. Participants shall not dump sewage or other waste fluids or solids, deposit excreta outside a vehicle, or
park vehicles that leak excessive fluids (i.e., gasoline, transmission or radiator fluid, or engine oil).
E. F. Use Permit Considerations. Items to be determined by the Planning planning commissionCommission as
part of the Uuse pPermit review process on a case-by-case basis shall include, but are not limited to, the
following:
1. Number of Vehicles Allowed. The total number of vehicles allowed at each safe parking facility location.
2. Hours of Operation. The days and hours of safe parking facility operation.
3. 3. Separation between Facilities. Sufficient distance between existing and proposed safe parking
facilities.
4. Neighborhood Relations Plan. A neighborhood relations plan shall be provided for each safe parking
facility location to address any complaints in a timely manner, including consistency with any adopted good
neighbor policy.
Attachment 4
ADMINISTRATIVE DRAFTa. Safe parking is only allowed in the R-1, R-2, R-3 and R-4 zones when accessory to a public assembly
use, such as a club, lodge, private meeting hall or religious facility. Safe parking is prohibited as a
primary use in the R-1, R-2, R-3 or R-4 zones and in all applicable zoning districts on properties that
contain residential uses as the primary use.
5. Monitoring and Oversight. Monitoring and oversight shall be provided during safe parking facility hours.
6. Restroom, Water and Trash Facility Plan. A restroom, water and trash facility plan shall be provided and
include the location, hours of availability and maintenance program for site facilities.
FG. Revocation of a Permit. The Uuse Ppermit can be referred to the planning commissionPlanning Commission
for reconsideration if determined by the community development directorDirector upon receipt of substantiated
written complaints from any citizen, code enforcement officer, or police department officer, which includes
information and/or evidence supporting a conclusion that a violation of the use Use pPermit, or of cCity
ordinances or regulations applicable to the property or operation of the facility, has occurred. At the time of use
permit review, to ensure compliance with applicable laws and conditions of Uuse Ppermit, conditions of approval
may be added, deleted, modified, or the use permituse permit may be revoked. (Ord. 1592 § 3, 2013)
17.XX.2010 Satellite Dish Antenna
17.16.110 Satellite dish antenna.
A. Purpose. These regulations are established to regulate the installation of dish-type satellite antennas to help
protect public safety and preserve view corridors and neighborhood character.
BC. Residential Performance Standards. The installation of dish-type antennas may be permittedallowed in all
residential zones, subject to the following criteria. Dish-type satellite antenna installations that are less than one
meter in diameter are exempt from these regulations unless proposed on a historic building.:
1. Antenna size: Maximum diameter to shall be 10ten feet.
2. Setback: No part of a satellite dish antenna may be located in any required street, setback areas, or other
yardunbuildable area. setback area, any side yard area between a street and the primary residence, or any
front yard area. Antennas located outside a street yard frontage setback but between the residence and the
street are prohibited.
4. 3. Height: Maximum antenna height to shall be thirteen 13 feet.
1.5. Roof-mounted. Roof-mounted installations or pole-mounted installations attached to eaves are prohibited
except by use permit.
6. View Preservation. Any antenna that may block significant views from neighboring buildings or from public
areas, as determined by the Director, shall be subject to architectural review by the Architectural Review
Commission.
7. Screening. All satellite dishes higher than side or rear yard setbacyardk fences shall be screened from view
from neighboring properties.
Roof-mounted installations or pole-mounted installations attached to eaves are prohibited except by Uuse
Ppermit. Any antenna that may block significant views from neighboring buildings or from public areas shall
be subject to architectural review.
Attachment 4
ADMINISTRATIVE DRAFT4. Number: One dish-type satellite antenna is allowed per site, in addition to normal television and radio
antennas.
CD. Commercial Performance Standards. The installation of dish-type satellite antennas may be
permittedallowed in the office, commercial, and industrial zones, subject to the following criteria:
1. Installation shall be subject to architectural review in accordancein compliance with with the adopted
Aarchitectural Rreview Ccommission ordinance and guidelines.
2. Installations shall not be permittedallowed within street yardsetback area of any yard adjacent to a public
street.
3. Installations shall be located so as to minimize visibility from adjoining properties and rights-of-way.
DE. 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. For proposed installations on historic buildings, review by
the Architectural Review Commission shall be required.
2. Dish-type satellite antenna installations that cannot meet the performance standards included in subsections
C B and CD of this Ssection may be considered if an Aadministrative Uuse Ppermit is obtained as outlined
by Chapter 17.XX (Minor Use Permits)58. Conditions imposed as part of Uuse Ppermit approval would
typically include requirements to minimize the visibility of the installation, including blockage of significant
public and private views of hillsides, Ccity 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.
EF. Open Space/Conservation Standards. The installation of dish-type satellite antennas may be permittedallowed
in the open space/conservation zone subject to an aAdministrative Uuse Ppermit and subject to an
aAdministrative uUse Ppermit aand subject to architectural review in accordancein compliance with with the
adopted Architectural Review Commission ordinances and guidelines.
FG. Building Permit Required. All satellite dish installations require issuance of a building permit. This is to ensure
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. 1528 § 3 Ex. A (part),
2009; Ord. 1265 § 2 Ex. A, 1994)
17.XX.220 Schools
17.XX04.2120 Service/Fueling Stations
17.08.030 Service stations.
A. Purpose and Applicability. The purpose of this Section is to ensure that service/fueling stations as defined in
Article 9 (Definition) and where permitted in Article 2 (Zones, Allowable Uses, and Development and Design
Standards) areis compatible with surrounding and adjacent uses and does not create an adverse impacts on
adjacent properties.
Attachment 4
ADMINISTRATIVE DRAFTB. Standards. Service/fueling stations are are permitted as specified in the zone district regulations, subject to
the following conditionsstandards:
1. Premises adjoining residential zones shall be screened from such zones by a minimum miimsix-foot-high
landscaped visual barrier, subject to the limitations of Section 17.XX16.XX050, (Fences, Wwalls, and
Hhedges).
2. Street frontage between driveways shall have a low wall or other landscape barrier to prevent vehicles from
being driven or parked on the sidewalk.
3. Bells or other sound signals shall be turned off between 10:00 PM and 7:00 AM if the station is adjacent to a
residential zone.
4. 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.
5. Repair work shall be done performed and dismantled vehicles shall be stored inside a building or area
screened so that it such area is not visible from off the premises.
6. Compliance with Section 17.xxx.xx (Performance Standards) and Chapter 5.36 (Service Stations) is
required.
C. Additional Conditions and Requirements. Thise Section permits the Director or designee to exercise the
discretion to review, request from applicants’ additional information, take authorized action, and impose
additional conditions that are more restrictive than allowed in this Section, on any service station development.
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 ten p.m. and seven a.m. if the station is adjacent to a
residential zone.
D. Pump islands shall be located at least fifteen 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. (See also Chapter 17.18, Performance Standards, and Section 5.36.020, Alcoholic beverages—Sale prohibited—
Exceptions.)
(Ord. 1265 § 2 Ex. A, 1994)
17.XX04.2230 Temporary and Intermittent Uses
17.08.010 Temporary uses.
A. Purpose and Intent. The provisions codified in this chapter Section provide for certain temporary and
intermittent uses as defined in Article 9 (Definitions) and where permitted in Article 2 (Zones, Allowable Uses,
and Development and Design Standards). It establishes standards and procedures to assure ensure that such
uses are compatible with their surroundings and the intent of these regulations.
Attachment 4
ADMINISTRATIVE DRAFTIn approving a temporary or intermittent use, the directorDirector 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. All such uses shall require issuance of a Temporary Use Permit
pursuant to Section 17.xx.xxx (Temporary Use Permits) of this Title. The directorDirector 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 subsection C B of this Ssection.
The directorDirector may refer any proposed temporary or intermittent use to an administrative hearing or to the
Planning planning commissionCommission 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 ninety days in a year, but which may continue from year to
year. Temporary and intermittent uses for businesses shall consist of activities that represent a variation from the
normal business operations, e.g., parking lot sales, benefits, and special events. Temporary and intermittent
uses are not intended to serve the primary purpose of allowing flexibility from sign regulations or other city
codes.
CB. Specific Cases.
1. Real Estate Sales Office in Tract. 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 of administrative
action by the directorDirector. 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. 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 Cchief bBuilding Oofficial subject to any conditions he or she deemeds
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 18 months, by the Cchief
Bbuilding Oofficial.
b. An Aadministrative uUse Ppermit 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 directorDirector. Also with the Cchief Bbuilding Oofficial’s approval, the mobile
home may be occupied by a resident guard or caretaker, provided it is properly connected to Ccity
utilities or other safe means of waste disposal is assuredensured.
35. Construction Activities. Construction and demolition and associated activities, 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 Cchief Bbuilding Oofficial.
64. Educational Conferences. Student housing complexes normally occupied for part of the year may be used
during their vacant periods for educational conferences, provided an Aadministrative Uuse Ppermit is
approved by the directorDirector. The occupancy of such facilities during educational conferences shall not
exceed the maximum established by any prior Ccity approval for residential occupancy.
Attachment 4
ADMINISTRATIVE DRAFT75. Parades, Carnivals, Fairs, Festivals. Use of privately owned property for parades, carnivals, fairs, and
festivals requires approval of an Aadministrative Uuse Ppermit. Where these events involve public property,
coordination with the Ccity Cclerk’s office is required.
86. Other Temporary or Intermittent Uses. Upon approval of an Aadministrative Uuse Ppermit, the
directorDirector 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. At
the discretion of the directorDirector, certain small-scale events with limited duration, consisting of activities
with no potential to detrimentally affect those working and living in the vicinity, may be allowed through
administrative action without a public hearing. (Ord. 1553 §§ 4, 5, 2010; Ord. 1500 § 3 (part), 2007; Ord.
1277 § 4, 1995; Ord. 1265 § 2 Ex. A, 1994)
17.XX04.2340 Vending Machines
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, including ice machines, cigarette
machines, food vending machines, and newspaper racks and the like. Vending machine does not include a
motor fuel pump.
BA.. Indoor vending machines are accessory to allowed uses. Outdoor vending machines are allowed in all
commercial al (“C”) zones subject to the following standards.
A1. Vending machines shall be located along the face of a building or against a structure designed to accommodate
them.;
B2. Vending machinesThey shall be visible from access drives or public streets.;
C3. Vending machinesThey shall occupy not more than ten 10 percent of the length of the wall facing the street or
access drive, or twenty 20 feet, whichever is less.;
D4. Vending machines They shall not obstruct private pedestrian walkways.; Aa minimum of forty-four44 inches shall
be kept clear of obstructions, or more if pedestrian traffic volume warrants.
E. Vending machines They are not allowed on public sidewalks. (Ord. 1266 § 2 Ex. A, 1994)
17.04.2450 Wireless Telecommunications Facilities
17.16.120 Wireless telecommunication facilities.
A. Purpose. These regulations are o established standards for the development, siting, and installation of wireless
telecommunication facilities consistent with Federal Telecommunications Act of 1996, as amended; to protect
and promote public health, safety, and 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 Aarchitectural rReview and Uuse pPermit processing to
address site-specific conditions.
Attachment 4
ADMINISTRATIVE DRAFTC. Exempt Facilities. The following wireless telecommunication facilities are exempt from the requirements of this
Ssection:
1. Government-owned communication 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 forthidentified in Section 17.16xxx.100 xx (Satellite
Dish Antenna) of this Titleet al. of the zoning ordinance.
4. Any facility specifically exempted under Ffederal or Sstate law.
D. Planning Applications and Approvals Required.
1. Installation of a new wireless telecommunication facility or significant modification, as determined by the
directorDirector, of an existing installation, as determined by the Director, shall require Aadministrative
Uuse pPermit approval and aArchitectural rReviewarchitectural review.
2. The co-location of a new wireless telecommunication facility with an existing approved installation, or minor
modification of an existing 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 communication facilities shall not be constructed, installed, or modified
prior to obtaining a Ccity building permit.
F. Site Development and Performance Standards.
1. Setbacks. All facility towers and accessory structures shall comply with the setback requirements of the
applicable zoneing district.
2. Height. The height of any antenna or support equipment shall be determined as part of the Uuse pPermit 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 directorDirector.
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.
a. 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
Attachment 4
ADMINISTRATIVE DRAFTof 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 directorDirector. Electrical and telephone service to the support equipment
shall be undergrounded.
d. Ground-mounted antennas, poles, structures, equipment, or other parts of a telecommunication 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 toin compliance
with 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 telecommunication facility to
provide the Ccity 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 directorDirector. Unused or
obsolete equipment or towers shall be removed from the site within ninety 90 days after their use has
ceased.
8. Number of Facilities Per Site. The Ccity 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 fifty-five55 dB at the property line or within twenty 20 feet of such equipment,
whichever is less. This requirement may be modified at the discretion of the community development
directorDirector where typical ambient noise levels exceed fifty-five55 dB. Outdoor noise-producing
construction activities shall take place only on weekdays between the hours of eight 8:00 A.M.AM and five
5:00 P.M.PM unless a different schedule is approved as part of the Uuse Ppermit.
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
eight 8:00 AM a.m. and five 5:00 PM. p.m.
Attachment 4
ADMINISTRATIVE DRAFT11. Biological Impacts. Wireless telecommunication facilities 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 Ccity, and shall be subject to Uuse pPermit 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 Permituse permit, at the expense of the facility
owner/operator.
13. Airport Operations. Wireless communication 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 Aairport Lland Uuse Ccommission for a
determination of consistency with airport area standards.
14. Radio Frequency and Electromagnetic Exposure.
a. Wireless telecommunication facilities operating alone or in conjunction with other telecommunication
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 RFR
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 Ccity 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 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 directorDirector,
upon receipt of written complaints, the Use Permit use permit allowing a telecommunication facility may be
scheduled for public review. At the hearing, conditions of approval may be added, deleted, or modified, or
the use permit 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 Ccity shall have the right to access facilities after twenty-four24 hours’ written or
verbal notice.
G. Abandonment. It shall be the responsibility of the owner/operator of a telecommunication facility to provide the
Ccity 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.
Attachment 4
ADMINISTRATIVE DRAFT
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
directorDirector may schedule a public hearing before the hearing officer to consider revocation of the permit.
(Ord. 1591 § 24, 2013; Ord. 1500 § 3 (part), 2007; Ord. 1438 § 8 (part), 2003; Ord. 1409 § 2 (part), 2002)
Attachment 4
Note:
AG C/OS R1 R2 R3 R4 PF O (1) C-N C-C C-D C-R C-T C-S M BP
ADD A D A D A D A D A
AA A DD
AA
PC PC
PC PC
A A PC
D A
AAA AA
PC A AAA
A A
PC PC
D A AA
D
A A
A A A
Recycling ‐ Collection and Processing Facility D
Recycling ‐ Small Collection Facility DDDA
D
PC A DD A
D
Fuel dealer/storage (propane, etc)D A
Outdoor Storage DA D
Personal Storage AA
Warehousing and Indoor Storage AAPC D
Wholesaling and distribution AAPC D
Food bank/packaged food distribution center D D
D PCPC AAA
PCPC A PCPCPCPCPCPCPCPC 17.08.110
PC PC A A A
AAAPC PC
PC
PC
Club, lodge, private meeting hall D D A D A/D D D D
Commercial Recreation facility - Indoor Large Scale PC D PC D PC D PC D PC D PC(12)PC D 17.08.060
Fitness/health facility Commercial Recreation - Small Scale DAD A D A PC A AAD
Commercial recreation facility - Outdoor PC PC
Cultural Institutions PC A A A PC
Golf Course PC
Library, museum PC D D D D
Library, branch facility D D D D
Clinic, laboratory, urgent care D D D A D(11) D(11)
Hospital PC PC
Medical service - Extended care PC PC D PC PC D
Convalescent hospital PC PC
Park and Recreation Facilities AAAAAAAAA A AAAAAA
Public Assembly Facilities PC A DD/A DDPC
Religious Assembly Facilities PCDDDDADDD/A A D(7) D(7) D(7)
PC PC
Schools - Colleges and Trade Schools PC
Schools - Primary and Secondary PC PC D D PC D
Schools - Specialized Education/Training PC A/D A/D A A A
Sports and active recreation facility PC PC PC PC
Sports and entertainment assembly facility PC PC
Footnotes affecting specific land uses follow the table.
Grazing
Greenhouse/Plant Nursery, Commercial
Livestock feed lot
Laundry, dry cleaning plant
Manufacturing ‐ Heavy
Manufacturing ‐ Light
Petroleum product storage and distribution
Photo and film processing lab
Printing and publishing
Recycling facilities ‐ Scrap and dismantling yard
Bakery, wholesale
Furniture and fixtures manufacturing, cabinet shop
Handicraft Manufacturing
Laboratory ‐ Medical, Analytical, Research, Testing
Table 9 - Uses Allowed By Zone
Community Gardens
Crop production
Key:
Land Use Specific use
Regulations
Homeless shelter
Hostel
LODGING
Industrial rResearch and development
Salvage and Wrecking
A = Allowed D = Director's Use Permit approval required PC = Planning Commission Use Permit approval required
D/A = Director's Use Permit approval required on ground floor along street frontage, allowed on second floor or above
PUBLIC AND QUASI‐PUBLIC USES
AGRICULTURE
INDUSTY, MANUFACTURING & PROCESSING, WHOLESALING
Permit Requirement by Zoning District
Warehousing, Storage, and Distribution
Recycling
Bed and Breakfast Inn
School - Boarding school, elementary, middle, secondary
Hotels and Motels
Recreational vehicle (RV) park accessory to hotel, motel
RV Parks
Hospitals and Clinics
School - College, university - Satellite classroom facilityDRAFT Attachment 5
Note:
AG C/OS R1 R2 R3 R4 PF O (1) C-N C-C C-D C-R C-T C-S M BP
Footnotes affecting specific land uses follow the table.
Table 9 - Uses Allowed By Zone
Key:
Land Use Specific use
Regulations
A = Allowed D = Director's Use Permit approval required PC = Planning Commission Use Permit approval required
D/A = Director's Use Permit approval required on ground floor along street frontage, allowed on second floor or above
Permit Requirement by Zoning District
General Residential Housing Types
Single-Unit Dwellings, Detached A -A(2)AAA AD D
Secondary Accessory Dwelling Units AAAA A Chapter 17.21
Multi-family-Unit Residential dwellings AAA AD D
Rest home Assisted Living -AAAA D D/AD/AD
Boarding/rooming House, dormitory PC D PC DD Chapter 17.20
Caretaker quarters AAAAAAAAAAAAAAAD
Family Day Care (Small and Large)A -AAAA AAAAAAAA 17.08.100
Fraternities and Sororities PC PC
High occupancy residential use D D
Live/work units A A A A A 17.08.120
A A A A A A A A
Mobile Home Park AAAA
Covents and Monasteries Organizational Housing PC A PC A PC D
A-AAAA AD/A D/AD/AD
-A D A D A D A D DA/ D A/ D-
Residential hospice facility Residential Long-Term Care PC PC D PC PC D
Supportive and/or Transitional Housing, with On or Off-Site Services AAAADAD D
Work/live units D D 17.08.120
Adult Entertainment Businesses AA 17.95
Animal Boarding/Kennels PC DD
Animal Grooming AAAA AD
Animal Retail Sales DAAA A
Veterinary Services, Large Animal PC -DD
Veterinary Services, Small Animal D A D A AD/AA A
D
Bakery, retail A A A A A D D
ATMs AAAAAAAAA
Banks and Credit Unions A A A A D(4) D(4) D
Check Cashing Shops/Payday Loans DD
Business Services A -AD/AA AAA
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
Corner Commercial DDD A
Day Care Center D(9) D(9) D(9) D(9) D(9) A A A D/A A D(9) D(9) D(9) D 17.08.100
Bars, Nightclubs, and Taverns DDDDDDD
Night club D D D D D D
Outdoor BBQ/Grill, accessory to restaurant D D D D D D D
Restaurant AAAAAD A D D
Restaurant with late hour alcohol service DDDDDDD 17.11 & 17.100.R.
Wine tasting room - off site D D D D D D D
Groceries, specialty foodsGeneral Market A(10) A A A PC
Convenience Store ---AAAAADDD 17.08.095
Produce stand DD AAAA
Liquor Store/Alcohol Sales DDDDPC 17.11
Catering service Food Preparation --A -AA
Mortuary, Funeral Parlors and Internment Services DD A D
Studio - Art, Dance, Martial Arts, Music, etc. Instructional Services D PC D D/A D/A A PC A D
Maintenance and Repair Servicesservice, client site services AAPC
A A D
Office - Accessory A A A A A A A A
Business and Professional Offices DA AD/A A D/A(4) D(4) D
Medical and Dental Offices service - Doctor office A A/ D D/A A D(11) D(11)
Office - Business and service A A A/D A D (4)D(4)D
Office - Government D PC A A PC
Office - Processing D D D D(4)D(4)A
Residential Care Facilities - 7 or more residents General
COMMERCIAL USES
RESIDENTIAL USES
Animal Care, Sales and Services
Repair service - Equipment, large appliances, etc.
Veterinary clinic/hospital, boarding, small animal, outdoor
Mobile home as temporary residence at building site
Residential Care Facilities - 6 or fewer residents Limited
Offices
Food and Beverage Sales
Eating and Drinking Establishments
Banks and Financial Insitutions
DRAFTAttachment 5
Note:
AG C/OS R1 R2 R3 R4 PF O (1) C-N C-C C-D C-R C-T C-S M BP
Footnotes affecting specific land uses follow the table.
Table 9 - Uses Allowed By Zone
Key:
Land Use Specific use
Regulations
A = Allowed D = Director's Use Permit approval required PC = Planning Commission Use Permit approval required
D/A = Director's Use Permit approval required on ground floor along street frontage, allowed on second floor or above
Permit Requirement by Zoning District
Office - Production and administrative A A/D A/D A D(4)D(4)A
Office - Professional A A/D A/D A D
Social service organization D A D A A A D D D
Personal Services - General AAAADA D
Residential Support Services A A A A
Personal services - Restricted D D
Auto parts sales, without installation A D A A A
Building Materials and Services - Indoor AAA AA
Building Materials and Services - Outdoor DDA AA
Equipment rental A A D
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
Convenience Retail D A(3) D A A D
Extended hour retail DDDDDDDD
General Retail D AA A D D
Large Format Retail PC PC PC
Nurseries and Garden Centers PC A A
Farm supply and feed store PC A A
Second Hand/Thrift Stores ADADD
Smoke Shop DD
Photographer, photographic studio A A/D A PC A
Warehouse stores - 45,000 sf or less gfa D D D
Warehouse stores - more than 45,000 sf gfa PC PC PC
Studio - Art, Dance, Martial Arts, Music, etc.D D A/D A/D A PC A
Theaters PC(8) DDD D Chapter 17.95
Theaters - Drive-In PC PC
Office-supporting retail, 2,000 sf or less A A A A A D
D D A A D
Auto and Vehicle Sales and Rental DAPC D
Large Vehicle, Construction and Heavy Equipment Sales, Service, and Rental DPC A
Mobile home, RV, and boat sales A PC
Service/Fueling Stations DD DDA 17.08.030
Auto parts sales, with installation D(5)A A
Vehicle services - Major Repair/Body Work AAD
Vehicle services - Minor Repair/Maintenance PC D A A D
Vehicle services - Washing DDPCDD
Airports and Heliports PC -PC PC D
Antennas and Telecommunications Facilities DD DD DDDDDDD 17.16.120
Freight/Truck Terminals or Warehouses AAD
ADD
Backlots and Soundstages DDD
Broadcast Studios A A/DA AAA
Heliport PC PC PC
Parking facility PC(6)PC(6)PC(6)D(6)D(6)D(6)
Parking facility - Multi-level PC(6) PC(6)PC(6) PC(6) PC(6) PC(6)
Public Safety Facilities PC PC
Railroad facilities D A
Transit station or terminal PC PC PC D A
Transit stop A A A A A A A A
Public Utilities Facilities PC ---
PC PC
Educational conferences DD DD 17.08.010.C.6
Homestay
Home occupation
Water and wastewater treatment plants and services
SPECIFIC AND TEMPORARY LAND USES
Ambulance, taxi and/or limousine dispatchLight Fleet-Based Services
TRANSPORTATION & COMMUNICATIONS
Vehicle Sales and Services
Media Production
See Section 17.08.140
See Section 17.08.090
Office-supporting retail, More than 2,000, up to 5,000 sf
Retail Sales
DRAFTAttachment 5
Note:
AG C/OS R1 R2 R3 R4 PF O (1) C-N C-C C-D C-R C-T C-S M BP
Footnotes affecting specific land uses follow the table.
Table 9 - Uses Allowed By Zone
Key:
Land Use Specific use
Regulations
A = Allowed D = Director's Use Permit approval required PC = Planning Commission Use Permit approval required
D/A = Director's Use Permit approval required on ground floor along street frontage, allowed on second floor or above
Permit Requirement by Zoning District
Mixed-use project Development AAAAAAPC D PC 17.08.072
Office - Temporary
Outdoor temporary and/or seasonal sales 17.08.020
Parking facility - Temporary PCDDDDDDDD 17.08.010
Safe Parking PC (13)PC (13)PC (13)PC (13)PC PC PC PC PC PC PC PC PC 17.08.115
Special event DDDDDDDDD 17.08.010
Vending machine 17.08.050
Commercial Mining
Drive-Through or Drive-Up Facilities
Livestock Feed Lot
School - College, university - Satellite classroom facility
Vacation Rental 17.22.G
See Section 17.08.050
See Section 17.08.020
PROHIBITED USES
See Section 17.08.020Food Trucks
See Section 17.08.010.C
DRAFTAttachment 5
DRAFTSan Luis Obispo Zoning Regulations ADMINISTRATIVE DRAFT
USE CLASSIFICATIONS
1
Land Use Classifications
A. Purpose and Applicability. Use classifications describe one or more uses of land having similar characteristics, but do not list every use or
activity that may appropriately be within the classification. The Director shall determine whether a specific use shall be deemed to be within one or
more use classifications, or not within any classification in this article. The Director may also determine that a specific use shall not be deemed to be
within a classification, whether or not generally named within the classification, if its unique characteristics are substantially incompatible with
those typical of uses named within the classification.
B. AgriculturalLand Use Classifications
Accessory Dwelling Unit. A dwelling unit providing complete independent living facilities for one or more persons that is located on a lot with another
primary, single-unit dwelling. An accessory dwelling unit may be within the same structure as the primary unit, in an attached structure, or in a separate
structure on the same lot. (See also Section XXX: Accessory Dwelling Units.)
Accessory Use. See “Use – Accessory.”
Adult Eentertainment Bbusinesses. As defined in Chapter 17.95 (Adult Entertainment Businesses).
Airports and Heliports. An area approved by the Federal Aviation Administration (FAA) for the take-off and landing of aircraft including airplanes and
helicopters, which may include appurtenant areas for airport buildings, aircraft operations, and related facilities, aprons and taxiways, control towers,
hangars, safety lights, navigation and air traffic control facilities and structures. These may also include facilities for aircraft manufacturing, maintenance,
repair, and reconditioning. Where approved, an airport may also include aircraft sales and dealerships, car rental establishments, gift shops, hotels and
motels, personal services, restaurants and bars, tobacco and newsstands, and other similar commercial uses serving the air-traveling public and airport
employees.
Animal Care, Sales and Services.
Animal Boarding/Kennels. The commercial provision of shelter and care for dogs, cats, other household animals, and horses (where allowed),
including activities associated with such shelter and care (e.g., feeding, exercising, grooming, and incidental medical care).
Animal Grooming. The commercial provision of bathing and trimming services for dogs, cats, and other household animals permitted by the San
Luis Obispo Municipal Code. Overnight boarding is not included with this use (see Animal Boarding/Kennels).
Animal Retail Sales. The retail sales of household animals within an entirely enclosed building. These uses include grooming, if incidental to the
retail use, but specifically excludes boarding of animals other than those for sale (see Animal Boarding/Kennels).
Veterinary Services, Large Animal. Veterinary services for livestock, farm animals, and other large animals. This classification allows 24-hour
accommodation of animals receiving medical services.
Veterinary Services, Small Animal. Veterinary services for household pets. This classification allows 24-hour accommodation of animals
receiving medical services, but does not include kenneling of animals not receiving medical services (see Animal Boarding/Kennels).
Antenna and Telecommunications Facilities. 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.
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Assisted Living. 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 “Elderly and Long-Term Care” in that Elderly Assisted Living functions to
provide comfort, safety, social participation, and the maintenance of health and activity, but does not provide skilled nursing care for the ill. This
definition includes continuing care retirement communities, which typically combine independent living, assisted living, and skilled nursing (and
sometimes memory care) on one campus, as long as the skilled nursing component occupies no more than 25 percent of the living space of the campus.
Auto Repair. See “Vehicle Repair and Service.”
Auto Sales and Rental. See “Vehicle Repair and Service.”
Backlots and Soundstages. See “Media Production – Backlots and Soundstages.”
Banks and Financial Institutions.
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.
Banks and Credit Unions. Financial institutions providing retail banking services. This classification includes only those institutions
engaged in the on-site circulation of money, including credit unions, but excludes check-cashing businesses and payday lenders.
Check Cashing Shops/Payday Loans. A commercial land use that generally includes some or all of a variety of financial services including
cashing of checks, warrants, drafts, money orders, or other commercial paper serving the same purpose; deferred deposit of personal checks
whereby the check casher refrains from depositing a personal check written by a customer until a specific date pursuant to a written
agreement; money transfers; payday advances; issuance of money orders; making consumer or auto-title loans; and similar uses. This
category does not include State or federally chartered banks, savings associations, credit unions, or industrial loan companies. It also does not
include retail sellers that are primarily engaged in the business of selling consumer goods, such as consumables to retail buyers, and that
cashes checks or issues money orders as a service to its customers (for a fee not exceeding two dollars), incidental to their main purpose or
business.
Bars and Nightclubs. See “Eating and Drinking Establishments – Bars, Nightclubs, and Taverns.”
Bed and Breakfast Inn. See “Lodging – Bed and Breakfast Inns.”
Boarding House. A boarding house is a residence or dwelling, other than a motel or hotel, wherein two or more rooms, with or without individual or
group cooking facilities, are rented to three or more individuals under separate rental agreements or leases, either written or oral, whether or not an
owner, agent or rental manager is in the residence. Meals may also be included. Includes dormitories. Does not include “Fraternities and Sororities” or
“Convents and MonasteriesOrganizational Housing”, which are separately defined. Notwithstanding this definition, no single-family residence operated
as a group home pursuant to the Community Care Facilities Act, which is otherwise exempt from local zoning regulations, shall be considered
a boarding house.
Broadcast Studios. See “Media Production – Broadcast Studios.”
Building Materials Sales and Services. See “Retail Sales – Building Materials and Services.”
Business Services. Establishments providing goods and services to other businesses on a fee or contract basis, including printing and copying, blueprint
services, advertising and mailing, equipment rental and leasing, office security, custodial services, photo finishing, model building, taxi or delivery
services with two or fewer fleet vehicles on-site.
Car Wash. See “Vehicle Sales and Services – Vehicle Services, Washing.”
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Caretaker Quarters. 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 nonresidential use where needed for security purposes or to provide twenty-four-hour care or monitoring of people, plants,
animals, equipment, or other conditions on the site.
Cemetery. Establishments primarily engaged in operating sites or structures reserved for the interment of human or animal remains, including
mausoleums, burial places, and memorial gardens.
Check Cashing Shops. See “Banks – Check Cashing Shops/Payday Loans.”
Commercial Recreation, Large-Scale. Large outdoor facilities such as amusement and theme parks, sports stadiums and arenas, racetracks,
amphitheaters, drive-in theaters, water parks, zoos, driving ranges, golf courses, miniature golf courses, and riding stables, where visitors are participant
actors rather than spectators. Fully enclosed sports stadiums and arenas are also included. This classification may include snack bars and other incidental
food and beverage services to patrons. Bars or restaurants with alcohol sales shall be treated as a separate use and shall be regulated accordingly, even
when operated in conjunction with the entertainment and recreation use.
Commercial Recreation, Small-Scale. Smaller and primarily indoor facilities such as fitness centers, health clubs, and gymnasiums; handball,
racquetball, and tennis club facilities; ice or roller skating rinks; public swimming pools; bowling alleys; card rooms; dance halls; pool and billiards
lounges; trampoline and bounce house establishments; and amusement arcades. This classification may include snack bars and other incidental food and
beverage services to patrons. Bars or restaurants with alcohol sales shall be treated as a separate use and shall be regulated accordingly, even when
operated in conjunction with the entertainment and recreation use.
Community Garden. A site used for growing plants for food, fiber, herbs, flowers, and others, which is shared and maintained by community residents,
either as an accessory or principal use.
Convenience Store. See “Food and Beverage Sales – Convenience Store.”
Corner Commercial. Small-scale commercial establishments within residential districts. Limited permitted uses are neighborhood-serving to provide
convenient, walkable access to important amenities.
Crop Production. Commercial agricultural production field and orchard uses, including the production of the following or similar, primarily in the soil
on the site and not in containers: field crops; flowers and seeds; fruits; grains; Melons; ornamental crops; tree nuts; trees and sod; vegetables; wine and
table grapes. Also includes associated crop preparation services and harvesting activities, such as mechanical soil preparation, irrigation system
construction, spraying, and crop processing, not including sales sheds (see “Produce Stand”). Does not include greenhouses or containerized crop
production (See “Greenhouse/Plant Nursery, Commercial”). Does not include noncommercial home gardening, which is considered an accessory
residential use to an allowed residential use allowed without city approval.
Cultural Institutions. Public or non-profit institutions engaged primarily in the display or preservation of objects of interest in the arts or sciences that
are open to the public on a regular basis. This classification includes performing arts centers for theater, music, dance, and events; buildings of an
educational, charitable, or philanthropic nature; libraries; museums; historical sites; aquariums; art galleries; and zoos and botanical gardens.
Day Care Centers. Establishments providing non-medical care for persons on a less than 24-hour basis other than Family Day Care. This classification
includes nursery schools, preschools, and day care facilities for children or adults, and any other day care facility licensed by the State of California. See
also Section XXX: Day Care.
Drive-Through or Drive-Up Facilities. An establishment that sells products or provides services to occupants in vehicles, including drive-in or drive-up
windows and drive-through services. Examples include fast food restaurants, banks, and pharmacies. Does not include “click and collect” facilities in
which an online order is picked up in a stationary retail business without use of a drive-in service (see “General Retail”). Does not include Drive-In
Theaters or Vehicle Services - Washing.
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Eating and Drinking Establishments. Businesses primarily engaged in serving prepared food and/or beverages for consumption on or off the
premises.
Bars, Nightclubs, and Taverns. Any establishment that sells or serves alcoholic beverages for consumption on the premises and is holding
or applying for a public premise license from the State Department of Alcoholic Beverages and in which persons under 21 years of age are
restricted from the premises. References to the establishment shall include any immediately adjacent area that is owned, leased, or rented,
or controlled by the licensee. This use includes wine tasting rooms and micro-breweries where alcoholic beverages are sold and consumed
on-site and any food service is subordinate to the sale of alcoholic beverages. Does not include adult entertainment businesses.
Restaurant, Large. Establishments where food and beverages may be consumed on the premises, taken out, or delivered, where the total
space dedicated to the use is 2,000 square feet or more.
Restaurants, Small. Establishments where food and beverages may be consumed on the premises, taken out, or delivered, where the total
space dedicated to the use does not exceed 2,000 square feet.
Restaurant with late-hour alcohol service. A restaurant that provides alcohol service after eleven p.m.
Family Day Care. A day-care facility licensed by the State of California that is located in a single-unit residence or other dwelling unit where a resident
of the dwelling provides care and supervision for children under the age of 18 for periods of less than 24 hours a day.
Farm and Feed Stores. See “Nurseries and Garden Centers.”
Food and Beverage Sales. Retail sales of food and beverages for off-site preparation and consumption.
General Market. Retail food markets of food and grocery items for offsite preparation and consumption. Typical uses include supermarkets,
neighborhood grocery stores, and specialty food stores, such as retail bakeries; candy, nuts, and confectionary stores; meat or produce
markets; vitamin and health food stores; cheese stores; and delicatessens. This classification may include small-scale specialty food
production such as pasta shops with retail sales.
Convenience Store. A retail establishment with not more than four thousand five hundred 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. Sale of alcoholic beverages is limited to beer and wine only (ABC License Type 20). See also Section XXX:
Convenience Stores.
Produce Stand. A temporary facility for selling seasonal goods such as fruits, vegetables and plants.
Liquor Stores. Any business selling alcoholic beverages as a primary use, including beer, wine, distilled spirits, or hard liquor, or any other
alcoholic beverages. Liquor/alcohol sales does not include grocery stores, convenience stores, warehouse stores, or other alcohol sales
authorized as part of a wine tasting room or food and beverage product manufacturing.
Food Preparation. Businesses preparing and/or packaging food for off-site consumption, excluding those of an industrial character in terms of
processes employed, waste produced, water used, and traffic generation. Typical uses include catering kitchens, bakeries with on-site retail sales, and
small-scale specialty food production. Food Preparation establishments may also be considered allowed as accessory to restaurant uses.
Fraternities and Sororities. Residence for college or university students who are members of a social or educational association that is affiliated and in
good standing with the California Polytechnic State University and where such an association holds meetings or gatherings.
Freight/Truck Terminals. Transportation facilities furnishing services incidental to freight, courier, and postal services by truck, airplane, or rail. This
classification does not include local messenger and local delivery services (see Light Fleet-Based Services).
Fuel Dealer. See “Retail Sales – Fuel Dealer.”
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Funeral Parlors and Internment Services. An establishment primarily engaged in the provision of services involving the care, preparation, or
disposition of human remains and conducting memorial services. Typical uses include crematories, columbaria, mausoleums, mortuaries, funeral
chapels, and funeral homes.
Handicraft Manufacturing. Establishments primarily engaged in on-site production of goods by hand manufacturing or artistic endeavor, which
involves only the use of hand tools or small mechanical equipment. Handicraft Manufacturing uses shall include and the incidental accessory direct retail
sale to consumers of only those goods produced on-site. Typical uses include ceramic studios, candle making shops, woodworking, and custom jewelry
manufacturers. For handicraft manufacturing uses without a retail component, see “Manufacturing - Light.”
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. (See also Section XXX: Home Occupations).
Homeless Shelters. See “Lodging – Homeless Shelters.”
Hospitals and Clinics. State-licensed facilities providing medical, surgical, psychiatric, or emergency medical services to sick or injured persons. This
classification includes facilities for inpatient or outpatient treatment, including substance-abuse programs as well as training, research, and
administrative services for patients and employees. This classification excludes veterinaries and animal hospitals (see “Animal Care, Sales, and Services”).
Clinic. A facility providing medical, psychiatric, or surgical service for sick or injured persons exclusively on an out-patient basis including
emergency treatment, diagnostic services, administration, and related services to patients who are not lodged overnight. Services may be
available without a prior appointment. This classification includes licensed facilities such as blood banks and plasma centers, and emergency
medical services offered exclusively on an outpatient basis such as urgent care centers. This classification does not include private medical
and dental offices that typically require appointments and are usually smaller scale, see “Medical and Dental Offices”.
Hospital. A facility providing medical, psychiatric, or surgical services for sick or injured persons primarily on an in-patient basis, and
including ancillary facilities for outpatient and emergency treatment, diagnostic services, training, research, administration, and services to
patients, employees, or visitors.
Hotels and Motels. See “Lodging – Hotels and Motels.”
Instructional Services. Establishments that offer specialized programs in personal growth and development such as music, martial arts, vocal, fitness,
dancing, and yoga instruction.
Grazing. The keeping of hoofed animals where food grown on the premises is the principal food of the livestock.
Greenhouse/Plant Nursery, Commercial. A commercial agricultural establishment engaged in the production of ornamental plants and other
nursery products, grown under cover either in containers or in the soil on the site, or outdoors in containers. The outdoor production of ornamental plants
in the soil on the site is instead included under “crop production.” Also includes establishments engaged in the sale of these products (e.g., wholesale
and retail nurseries) and commercial-scale greenhouses Does not include noncommercial home gardening in greenhouses, which is considered an
accessory residential use to an allowed residential use allowed without city approval. (home greenhouses are accessory residential uses). Does not
include “Nurseries and Garden Centers”, where product is predominately grown off-site.
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 (see “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 “Hospitals and Clinics”), but may also include incidental specimen collection.
Light Fleet-Based Services. Passenger transportation services, local delivery services, medical transport, and other businesses that rely on fleets of
three or more vehicles with rated capacities less than 10,000 lbs. This classification includes parking, dispatching, and offices for taxicab and limousine
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operations, ambulance services, non-emergency medical transport, local messenger and document delivery services, home cleaning services, and similar
businesses. This classification does not include towing operations (see Automobile/Vehicle Sales and Service, Towing and Impound) or taxi or delivery
services with two or fewer fleet vehicles on-site (see Business Services). 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 (see Office – Business and Professional).
Liquor Stores. See “Food and Beverage Sales – Liquor Stores.”
Livestock Feed Lot. A type of animal feeding operation which is used in intensive animal farming for finishing livestock, notably beef cattle, but also
swine, horses, sheep, turkeys, chickens or ducks, prior to slaughter.
Lodging. An establishment providing overnight accommodations to transient patrons for payment for periods of less than 30 consecutive calendar days.
Bed and Breakfast Inn. A building or group of buildings providing fifteen 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 House”).
Homeless Shelter. A church, public building, or quasi-public facility that provides emergency or temporary shelter for more than thirty-one
days in any six-month period to homeless individuals and/or groups. These accommodations may include temporary lodging, meals, laundry
facilities, bathing, counseling, and other basic support services.
Hotels and Motels. An establishment with guest rooms or suites, with or without kitchen facilities, rented to the general public for
overnight lodging to transient patrons. These establishments may provide additional services, such as conference and meeting rooms,
restaurants, bars, personal services, retail services, or recreational facilities available to guests or to the general public. This use classification
does not include boarding or rooming housings (see “Boarding Houses”) or bed and breakfasts (see “Bed and Breakfast Inns”), which are
separately defined and regulated, but does include hostels, which are typified by inexpensive lodging that caters primarily, but not
exclusively, to travelers who arrive by bicycle, train, or other non-automotive vehicles.
RV Parks. A form of lodging designed to specifically accommodate travelers with recreational vehicles and/or trailers, only as for periods of
less than…..accessory to hotels or motels.
Maintenance and Repair Services. Establishments engaged in the maintenance or repair of office machines, household appliances, furniture, and
similar items. This classification excludes maintenance and repair of vehicles or boats (see “Vehicle Sales and Services”) and personal apparel (see
“Personal Services - General").
Manufacturing - Heavy. Manufacturing of products from extracted or raw materials or recycled or secondary materials, or bulk storage and handling of
such products and materials. This classification includes operations such as biomass energy conversion; textile mills; leather and allied product
manufacturing; wood product manufacturing; paper manufacturing; chemical manufacturing; plastics and rubber products manufacturing; nonmetallic
mineral product manufacturing (such as sand, gravel, or clay into products for intermediate or final consumption); primary metal manufacturing;
fabricated metal product manufacturing; petroleum refining and related industries; and automotive, ship, aircraft, and heavy equipment manufacturing.
This classification does not include recycling (see “Recycling”) or the processing of animals.
Manufacturing - Light. A use engaged in the manufacture, predominately from previously prepared materials, of finished products or parts, including
processing, fabrication, assembly, and treatment packaging, taking place primarily within enclosed buildings and producing minimal impacts on nearby
properties. Includes the incidental wholesaleaccessory wholesale and/or direct retail sale to consumers of only those goods produced on-site.
IncludesIncludes accessory incidental General Office uses associated with the on-site use. Examples of light industrial uses include, but are not limited to
the manufacture of electronic instruments, equipment, and appliances; preparation of food products; brewery and alcohol production, pharmaceutical
manufacturing; and production apparel manufacturing.
Market, General. “See Food and Beverage Sales – General Market.”
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Media Production. Fixed-base facilities for motion picture, television, video, sound, computer, and other communications production. These facilities
include the following types:
Backlots 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.
Broadcast Studios. Workplaces where movies, television 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 Office. “See Office – Medical and Dental Offices.”
Mixed-Use Development. A development that combines both nonresidential and residential uses, where the residential component is typically
located above or behind the commercial. Includes live/work uses where the residential and commercial components are located within the same unit.
(See also Section XXXX: Mixed-Use Development.)
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.
Multi-Unit Dwellings Residential. Three Two or more dwelling units on a site or lot, which do not include an Accessory Dwelling Unit. Types of
multiple unit dwellings include townhouses, garden apartments, senior housing developments, and multistory apartment buildings. Multi-unit
dwellings may also be combeined with non-residential uses as part of a Mixed Use Development.Brewery and Alcohol Production. An establishment
which produces ales, beers, meads, hard ciders, wine, liquor and/or similar beverages on‐site. Breweries may also serve beverages on‐site, and sell
beverages for off‐site consumption in keeping with the regulations of the Alcohol Beverage Control (ABC) and Bureau of Alcohol, Tobacco, and Firearms
(ATF).
Nurseries and Garden Centers. See “Retail – Nurseries and Garden Centers.”
Offices.
Business and Professional Offices. Offices of firms or organizations providing professional, executive, management, or administrative
services, such as accounting, architectural, computer software design, engineering, graphic design, interior design, legal offices, and tax
preparation offices, but excluding banks and savings and loan associations (see “Banks and Financial Institutions”).
Medical and Dental Offices. Office use providing consultation, diagnosis, therapeutic, preventive, or corrective personal treatment services
by doctors, dentists, chiropractors, acupuncturists, optometrists, massage therapy, and similar medical professionals, medical and dental
laboratories within medical office buildings but excluding clinics or independent research laboratory facilities and hospitals (see “Hospitals
and Clinics”), and similar practitioners of medical and healing arts for humans licensed for such practice by the State of California. Incidental
medical and/or dental research within the office is considered part of the office use, where it supports the on-site patient services. This
classification also includes massage establishments in which all persons engaged in the practice of massage are certified pursuant to the
California Business and Professions Code Section 4612.
Organizational Housing. A residential facility operated by a membership or religious organization for its members and not open to the general public,
typically providing individual sleeping quarters together with common dining and living areas, and serving seven or more members. This use type
includes convents and montaseries, student dormitories, housing cooperatives, and similar residential accommodations, but excludes Fraternities and
Sororities (whether or not they are in good standing with the California Polytechnic University), and Boarding Houses, which are separately defined.
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Park and Recreation Facilities. Parks, playgrounds, recreation facilities, trails, wildlife preserves, and related open spaces, all of which are
noncommercial and intended for neighborhood or community use. This classification also includes noncommercial playing fields, courts, gymnasiums,
swimming pools, picnic facilities, tennis courts, golf courses, and botanical gardens, as well as related food concessions or community centers within the
facilities.
Parking Facility. A surface parking lot or parking structure that is a primary use of a site.
Personal Services - General. Provision of recurrently needed services of a personal nature. This classification includes barber shops and beauty salons,
seamstresses, tailors, day spas, dry cleaning agents (excluding large-scale bulk cleaning plants), shoe repair shops, self-service laundries, tattoo and body
piercing services, video rental stores, photocopying, photo finishing services, and travel agencies mainly intended for the consumer. This classification
also includes massage establishments in which all persons engaged in the practice of massage are certified pursuant to the California Business and
Professions Code Section 4612.
Primary Use. See “Use – Primary.”
Produce Stand. See “Food and Beverage Sales – Prodcue Stand.”
OPTIONS for Assembly:
Community and Religious Assembly. A facility for public or private meetings including community centers, religious assembly facilities, civic and
private auditoriums, union halls, meeting halls for clubs and other membership organizations. This classification includes functionally related facilities for
the use of members and attendees such as kitchens, multi-purpose rooms, and storage. It does not include gymnasiums or other sports facilities,
convention centers, or facilities, such as day care centers and schools that are separately classified and regulated.
Public Assembly Facilities. A facility for public or private assembly and meetings, exclusive of “Religious Assembly Facilities,” which is defined
separately. Examples of these uses include:
banquet rooms
civic and private auditoriums
community centers
conference/convention facilities
meeting halls for clubs and other membership organizations
It does not include gymnasiums or other sports facilities, convention centers, or facilities, such as day care centers and schools that are separately
classified and regulated.
Public Safety Facility. A facility operated by public agencies including fire stations, other fire prevention and fire fighting facilities, police and sheriff
substations and headquarters, including interim incarceration facilities.
Recycling. A facility for receiving, temporarily storing, transferring and/or processing materials for recycling, reuse, or final disposal. This use
classification does not include facilities that deal with animal matter nor does it include waste transfer facilities that operate as materials recovery,
recycling, and solid waste transfer operations, which are classified as utilities.
Processing Facility. A facility that receives, sorts, stores and/or processes recyclable materials.
Small Collection Facility. A facility available for the general public for the recycling of California Redemption Value (CRV) products such as
glass, aluminum cans, and plastic beverage containers as defined by the State’s Department of Resources Recycling and Recovery. Also
includes reverse vending machines, where an automated mechanical device that accepts, sorts, and processes recyclable materials and issues
a cash refund or a redeemable credit slip. Processing and sorting is not conducted on-site.
Retail Sales.
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Building Materials and Services. Retail sales or rental of building supplies or equipment. This classification includes lumber yards, tool
and equipment sales or rental establishments, and includes establishments devoted principally to taxable retail sales to individuals for their
own use. This definition does not include Nurseries and Garden Centers.
Indoor. Storage and display of commercial goods or materials entirely within an enclosed building.
Outdoor. Storage and display of commercial goods or materials in open lots, outside of a structure other than fencing, either as
an accessory or principal use.
Convenience Retail. Establishments primarily engaged in the provision of frequently or recurrently needed small personal items or services
for residents within a reasonable walking distance. These include various general retail sales and personal services of an appropriate size and
scale to meet the above criteria. Liquor Stores shall not be considered Convenience Retail.
Extended Hour Retail. A business that is open to the public between the hours of two a.m. and six a.m.
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.
General Retail. The retail sale or rental of merchandise not specifically listed under another use classification. This classification includes
retail establishments with 60,000 square feet or less of sales area; including department stores, clothing stores, furniture stores, pet supply
stores, hardware stores, and businesses retailing the following goods: toys, hobby materials, handcrafted items, jewelry, cameras,
photographic supplies and services (including portraiture and retail photo processing), medical supplies and equipment, pharmacies,
electronic equipment, sporting goods, kitchen utensils, hardware, appliances, antiques, art galleries, art supplies and services, paint and
wallpaper, carpeting and floor covering, office supplies, bicycles, and new automotive parts and accessories (excluding vehicle service and
installation). Retail sales may be combined with other services such as office machine, computer, electronics, and similar small-item repairs.
See Section 17.16.035: General Retail.
Large-Format Retail. Retail establishments (over 60,000 square feet of sales area) that sell merchandise and bulk goods for individual
consumption, including membership warehouse clubs.
Nurseries and Garden Centers. Establishments primarily engaged in retailing nursery and garden products—such as trees, shrubs, plants,
seeds, bulbs, and sod—that are predominantly grown elsewhere. These establishments may sell a limited amount of a product they grow
themselves. Fertilizer and soil products are stored and sold in package form only. This classification includes wholesale and retail nurseries
offering plants for sale. This classification also includes farm supply and feed stores.
Second Hand/Thrift Store. A retail establishment that buys and sells used products, including through consignment, that may include
clothing, furniture and household goods, jewelry, household appliances, musical instruments, business machines and office equipment, hand
tools, and similar items. This use does not include book stores, antique stores, sale of used farm or construction equipment, junk dealers,
scrap/dismantling yards, sale of used cars or other vehicle.
Smoke Shop. A retail establishment that sells tobacco products, tobacco paraphernalia, electronic cigarette and vaporizers, and/or
electronic cigarette and vaping accessories as a primary use. See also Municipal Code Chapter 8.14 (Tobacco Retailer Licenses), and Chapter
8.16 (Smoking Prohibited and Secondhand Smoke Control).
Religious Assembly Facilities. Any facility specifically designed and used to accommodate the gathering of persons for the purposes of fellowship,
worship, or similar conduct of religious practices and activities. This definition includes functionally related internal facilities (i.e., kitchens, multi-purpose
rooms, storage, etc.) and residences for clergy. Other establishments maintained by religious organizations, including full-time educational institutions,
hospitals and other related operations, are classified according to their respective activities.
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Research and Development. 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 “Laboratory – Medical, Analytical, Research, Testing”), or
blood drawing and specimen collection from patients (see “Hospitals and Clinics – Clinic”), or testing of computer software (see “Office”). Includes
assembly of related products from parts produced off-site where the manufacturing activity is secondary to the research and development activities.
Residential Care Facilities. Facilities that are licensed by the State of California to provide permanent living accommodations and 24-hour primarily
non-medical care and supervision for persons in need of personal services, supervision, protection, or assistance for sustaining the activities of daily
living. Living accommodations are shared living quarters with or without separate kitchen or bathroom facilities for each room or unit. This classification
includes facilities that are operated for profit as well as those operated by public or not-for-profit institutions, including hospices, nursing homes,
convalescent facilities, and group homes for minors, persons with disabilities, and people in recovery from alcohol or drug addictions. This use
classification excludes Transitional Housing and Supportive Housing.
Residential Care, General. A facility providing care for more than six persons.
Residential Care, Limited. A facility providing care for six or fewer persons.
Elderly and Residential Long-Term Care. Establishments that provide 24-hour medical, convalescent, or chronic, or in-patient hospice care to
individuals who, by reason of advanced age, chronic illness, or infirmity, are unable to care for themselves, and is licensed as a skilled nursing facility by
the State of California. Does not include Elderly Assisted Living, Residential Care, Hospitals, or Clinics.
Restaurants. See “Eating and Drinking Establishments – Restuarants.”
RV Parks. “See Lodging – RV Parks.”
Salvage and Wrecking. Storage and dismantling of vehicles and equipment for sale of parts, as well as their collection, storage, exchange or sale of
goods including, but not limited to, any used building materials, used containers or steel drums, used tires, and similar or related articles or property.
Schools - Colleges and Trade Schools. Institutions of higher education providing curricula of a general, religious, or professional nature, typically
granting recognized degrees, including conference centers and academic retreats associated with such institutions. This classification includes
universities, junior colleges, business and computer schools, management training, technical and trade schools, but excludes personal instructional
services such as music lessons (see “Studio – Art, Dance, Martial Arts, Music, etc.Instructional Services”).
Schools - Primary and Secondary. Facilities for primary or secondary education, including public schools, charter schools, and private and parochial
schools having curricula comparable to that required in the public schools of the State of California.
Second Hand/Thrift Shop. See “Retail – Second Hand/Thrift Shop.”
Self-Storage. See “Warehousing, Storage, and Distribution – Personal Storage.”
Single-Unit Dwelling. , Detached.A dwelling unit designed for occupancy by one household, and located on a separate lot from any other unit (except
second living units, where permitted). Single-unit dwellings include, as an accessory use, the ability to create and occupy an one Accessory Dwelling
Unit. This classification includes individual manufactured housing units installed on a foundation system pursuant to Section 18551 of the California
Health and Safety Code.
Smoke Shop. See “Retail – Smoke Shop.”
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, and drive-in theaters. 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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Supportive and/or Transitional Housing. The term Supportive Housing (per California Government Code Section 65582[f], as may be amended)
shall mean a dwelling unit occupied by a target population, with no limit on length of stay, that is linked to on-site or off-site services that assist the
supportive housing resident(s) in retaining the housing, improving their health status, and maximizing their ability to live and, when possible, work in
the community. A target population means persons with low incomes having one or more disabilities, including mental illness, HIV or AIDS, substance
abuse, or other chronic health conditions, or individuals eligible for services provided under the Lanterman Developmental Disabilities Services Act
(Welfare and Institutions [W&I] Code Section 4500) and may include—among other populations—adults, emancipated youth, families, families with
children, elderly persons, young adults aging out of the foster care system, individuals exiting from institutional settings, veterans, and homeless people.
The term Transitional Housing (per California Government Code Section 65582[h], as may be amended) shall mean buildings configured as rental
housing developments, but operated under program requirements that require the termination of assistance and recirculating of the assisted unit to
another eligible program recipient at a predetermined future point in time that shall be no less than six months from the beginning of assistance.
Supportive and/or transitional housing may be designed as a residential group living facility or as a regular residential use and includes both facilities
that provide onsite and off-site services. the following:
Theaters. Facilities for indoor display of films, motion pictures, or dramatic, musical, or live performances. This classification may include incidental food
and beverage services to patrons.
Transit Station or Terminal. A facility or location with the primary purpose of transfer, loading, and unloading of passengers and baggage. May
include facilities for the provision of passenger services such as ticketing, restrooms, lockers, waiting areas, passenger vehicle parking and bus bays, for
layover parking, and interior bus cleaning and incidental repair. Includes rail and bus terminals, but does not include terminals serving airports or
heliports.
Transitional Housing. See “Supportive and/or Transitional Housing.”
Use. The purpose for which land or the premises of a building, structure, or facility thereon is designed, arranged, or intended, or for which it is or may be
occupied or maintained.
Use, Accessory. A use that is customarily associated with, and is incidental and subordinate to, the primary use and located on the same
parcel as the primary use. Accessory Use includes active or passive solar heating systems and cogeneration facilities
Use, Primary. A primary, principal, or dominant use established, or proposed to be established, on a parcel.
Utilities, Major Facilities. Generating plants; electric substations; solid waste collection, including transfer stations and materials recovery facilities;
solid waste treatment and disposal; water or wastewater treatment plants; and similar facilities of public agencies or public utilities, including
corporation and maintenance yards.
Vehicle Sales and Service.
Auto and Vehicle Sales and Rental. A retail establishment selling and/or renting automobiles, trucks and vans, and 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 salesLarge Vehicle and Heavy Equipment Sales, Services, and Rental”); tire
recapping establishments (see “Vehicle Services”); businesses dealing exclusively in used parts, (see “Recycling – scrap and dismantling
yardsProcessing Facility”); or “Service/Fueling Stations,” which are separately defined.
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Large Vehicle, Construction, and Heavy Equipment Sales, Service, and Rental. Sales, servicing, rental, fueling, and washing of large
trucks, trailers, tractors, and other heavy equipment used for construction, moving, agricultural, or landscape gardening activities. Examples
include cranes, earth moving equipment, tractors, combines, heavy trucks, etc. Includes large vehicle operation training facilities. Sales of new or
used automobiles are excluded from this classification (see “Auto and Vehicle Sales and Rental”).
Service/Fueling Stations. An establishment engaged in the retail sale of vehicle fuels or the retail sale of these fuels in combination with
activities, such as providing minor vehicle repair services; selling automotive oils, replacement parts, and accessories; and/or ancillary retail and
grocery sales. Does not include body and fender work or "heavy" repair of trucks or other motor vehicles (see “Vehicle Services - Major”).
Vehicle Services. The service and repair of motor vehicles in an enclosed building, including the repair or replacement of engines and
transmissions, body and fender repair, and the installation of nonfactory-installed products.
Major (Major Repair/Body Work). Major repair of automobiles, motorcycles, recreational vehicles, or trucks including light-duty trucks
(i.e., gross vehicle weights of less than 10,000 pounds) and heavy-duty trucks (i.e., gross vehicle weights of more than 10,000 pounds).
Examples of uses include full-service motor vehicle repair garages; body and fender shops; brake shops; machine shops, painting shops;
towing services, and transmission shops. Does not include vehicle dismantling or salvage (see “Salvage and Wrecking”) and tire retreading or
recapping.
Minor (Minor Repair/Maintenance). Minor repair of automobiles, motorcycles, recreational vehicles, or light trucks, vans or similar size
vehicles (i.e., vehicles that have gross vehicle weights less than 10,000 pounds) including installation of electronic equipment (e.g., alarms,
audio equipment, etc.); servicing of cooling and air conditioning, electrical, fuel and exhaust systems; brake adjustments, relining and
repairs; oil and air filter replacement; wheel alignment and balancing; tire sales, service, and installation shops; shock absorber replacement;
chassis lubrication; smog checks; engine tune-ups; and installation of window film, and similar accessory equipment.
Washing. Washing, waxing, detailing, or cleaning of automobiles or similar light vehicles, including self-serve washing facilities.
Brewery and Alcohol Production. An establishment which produces ales, beers, meads, hard ciders, wine, liquor and/or similar beverages on‐site.
Breweries may also serve beverages on‐site, and sell beverages for off‐site consumption in keeping with the regulations of the Alcohol Beverage Control
(ABC) and Bureau of Alcohol, Tobacco, and Firearms (ATF).
Warehousing, Storage, and Distribution. Storage and distribution facilities without sales to the public on-site or direct public access except for
public storage in small individual spaces exclusively and directly accessible to specific tenants.
Outdoor Storage. Storage of vehicles or commercial goods or materials in open lots, outside of a structure other than fencing, either as an
accessory or principal use. Building materials stored outside and associated with a Building Materials and Services establishment are defined
separately under Building Materials and Services.
Personal Storage. Facilities offering enclosed storage with individual access for personal effects and household goods including mini-
warehouses and mini-storage. This use excludes workshops, hobby shops, manufacturing, or commercial activity.
Warehousing and Indoor Storage. Storage within an enclosed building of commercial goods prior to their distribution to wholesale and
retail outlets and the storage of industrial equipment, products and materials including, but not limited to, automobiles, feed, and lumber.
Also includes cold storage, draying or freight, moving and storage, and warehouses. This classification excludes the storage of hazardous
chemical, mineral, and explosive materials.
Wholesaling and Distribution. Indoor storage and sale of goods to other firms for resale; storage of goods for transfer to retail outlets of
the same firm; or storage and sale of materials and supplies used in production or operation, including janitorial and restaurant supplies.
Wholesalers are primarily engaged in business-to-business sales, but may sell to individual consumers through mail or internet orders. They
normally operate from a warehouse or office having little or no display of merchandise, and are not designed to solicit walk-in traffic.
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Single-Unit Dwelling, Attached. A dwelling unit designed for occupancy by one household, located on a single lot and typically grouped
together in a row of similar units. They may be attached through common vertical party wall(s) to one or more dwellings on abutting
lots, or may appear to be attached, but are structurally independent.
Duplex. A single building on a lot that contains two dwelling units or two single-unit dwellings on a single lot. This use is distinguished
from an Accessory Dwelling Unit, which is separately defined by State law and this Chapter.
Tiny Homes. For Consideration.
Cottage Housing Development. A group of single-family homes, typically smaller than 1,200 square feet, that are arranged in common
relation to one another, usually surrounding a shared landscaped area. Also known as a “pocket neighborhood.”
Convents and MonasteriesOrganizational Housing. A housing facility where residents are limited to members of a specific religious order.
Small. A facility that provides care for eight or fewer children, including children who reside at the home and are under the age of 10. See
California Health and Safety Code Section 1596.78.
Large. A facility that provides care for nine to 14 children, including children who reside at the home and are under the age of 10. See
California Health and Safety Code Section 1596.78.
Elderly Assisted Living. 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 “Elderly and Long-Term Care” in that Elderly Assisted Living
functions to provide comfort, safety, social participation, and the maintenance of health and activity, but does not provide skilled nursing care for the ill.
Family Day Care. A day-care facility licensed by the State of California that is located in a single-unit residence or other dwelling unit where a resident
of the dwelling provides care and supervision for children under the age of 18 for periods of less than 24 hours a day.
Small. A facility that provides care for eight or fewer children, including children who reside at the home and are under the age of 10.
Large. A facility that provides care for nine to 14 children, including children who reside at the home and are under the age of 10.
Choices for Fraternities/Sororities:
Or
Fraternity/Sorority. Place of residence other than a hotel, rooming or boarding house, or dormitory that is operated by a nationally chartered
membership organization or a local chartered organization and used, occupied and maintained for persons enrolled in a college, university or other
educational institution and which is recognized and subject to controls by such educational institution. Also consider: A fraternity or sorority must be
within one-half mile of the educational facility served.
Or
Organizational Housing. A residential facility operated by a membership organization for its members and not open to the general public that typically
provides individual sleeping quarters together with common dining and living areas. This use type includes fraternity and sorority houses, convents,
student dormitories and similar residential accommodations.
Live/Work Unit. “Live/work unit” and “work/live unit” mean an integrated housing unit and working space, occupied and utilized by a single
household in a structure, either single-family or multifamily, that has been designed or structurally modified to accommodate joint residential occupancy
and work activity, and which includes:
A. Complete kitchen space and sanitary facilities in compliance with the city building code; and
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B. 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.
“Loft” or “mezzanine” means a partial or intermediate level of a building interior containing floor area without enclosing interior walls or partitions and
not separated or partitioned from the floor level below or access way (stairs and/or landing) leading to the loft from the floor below by a wall or any
other partitions. Spaces designated as lofts which do not fully conform to this definition shall be deemed a “bedroom.” (See also Section 17.100.020.)
Aircraft Sales, Services, and Storage. Uses related to the rental, sales and leasing, storage, repair, and washing of aircraft.
Assisted Living. See Elderly Assisted Living, Under Residential Uses.
Wine Tasting Room – Off Site. A satellite wine tasting room associated with a licensed winery serving only those wines it produces in one-ounce
tastes or an amount approved by Alcohol and Beverage Control for tasting purposes. Only one satellite wine tasting room is permitted per licensed
winery. Wine tasting establishments serving wines from multiple wineries are separately defined as “Bars, Nightclubs, and Taverns.”
Walk-In Clientele Offices. An office business providing direct services to patrons or clients that may or may not require appointments. This use
classification includes employment agencies, insurance agent offices, real estate offices, travel agencies, utility company offices, and offices for elected
officials. It does not include banks (see “Banks and Credit Unions”) or check-cashing facilities (see Check Cashing Shops/Payday Loans”), which are
separately classified and regulated.
Personal Services - Restricted. A personal service establishment that may tend to have a blighting and/or deteriorating effect upon
surrounding areas and that may need to be dispersed from other similar uses to minimize its adverse impacts, including:
Check-cashing services
Fortune telling services: An establishment engaged in or that professes to foretell future or past events or that is engaged in the practice
of palmistry (the art or practice of reading a person’s character or future from the lines on the palms of hands). Examples of this use
type include astrologers, fortune tellers, palm and card readers, and psychics.
Massage establishments: Any business, including a sole proprietorship, which offers massage therapy in exchange for
compensation, whether at a fixed place of business or at a location designated by the patron. Massage therapy includes the application
of various techniques to the muscular structure and soft tissues of the human body, including, but not limited to, any method of
pressure or friction against, or stroking, kneading, rubbing, tapping, compression, pounding, vibrating, rocking or stimulating of, the
external surfaces of the body with the hands or with any object or appliance. Exempted from this definition are massage therapists
operating in conjunction with and on the same premises as a physician, surgeon, chiropractor, osteopath, nurse or any physical
therapist who is duly State-licensed to practice their respective profession in the State of California, and out-service massage therapists
certified pursuant to the California Business and Professions Code Section 4612.
Smoke Shop: A retail establishment that primarily sells tobacco products, tobacco paraphernalia, electronic cigarette and vaping devices,
and/or electronic cigarette and vaping accessories. A "tobacco shop" does not include any type of "tobacco smoking establishment" or "electronic
cigarette and vaping establishment."
Tattooing, piercing, and similar services
Utilities, Minor. Facilities necessary to support established uses involving only minor structures, such as electrical distribution lines, and underground
water and sewer lines, and corporation and maintenance yards.
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Attachment 6
SLOZR | Flexible Densities in Downtown |January 2018 1
White Paper:
Flexible Densities in
Downtown
JANUARY 2018
Introduction
California is amid a housing crisis. Communities throughout the State are challenged with accommodating
their fair share of housing production, many of which are exploring innovative solutions to that challenge.
The City of San Luis Obispo has a pivotal opportunity through its Zoning Regulations Update to increase
the amount of housing in Downtown consistent with its land use policy objectives. The purpose of this
paper is to describe options for providing greater flexibility in development standards to encourage
increased housing density in Downtown. This paper begins by outlining key policies in the 2035 General
Plan that lay the foundation for flexible densities in Downtown. Next, it describes several options for
increasing density and land use flexibility, including examples from other municipalities. We conclude with
recommendations for the City to consider during the Zoning Regulations Update.
2035 General Plan Land Use Element: Key Policies
California law requires that every city adopt a general plan “for the physical development of the city and
any land outside its boundaries that bears relation to its planning” (California Government Code Section
65300, et. Sec.). A general plan serves as the jurisdiction’s “constitution” or “blueprint” for future
decisions concerning a variety of issues including land use, health and safety, and resource conservation.
The Land Use Element of the City’s General Plan includes the Land Use Diagram, as well as policies that
directly shape land use decisions and the resulting physical form of the City.
The following summarizes key goals in the Land Use Element related to Downtown form:
1. Where appropriate, create compact, mixed-use neighborhoods that locate housing, jobs,
recreation, and other daily needs in close to one another, while protecting the quality of life in
established neighborhoods.
2. Maintain a compact urban form.
3. Preserve the City’s heritage of historic buildings and places.
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4. Provide a variety of business services and housing in Downtown.
5. Provide a safe and pleasant place to walk and ride a bicycle, for recreation and other daily
activities.
Based on these goals, the Land Use Element includes the following policies related to Downtown form
and density:
LU 2.12. Downtown Residential Development. The City shall adopt special development standards to
guide addition of dwellings within Downtown residential areas to implement Policy 2.8. The following
should be included when evaluating new standards for this area:
A. Requirements that new dwellings on lots with existing houses be above or behind the existing houses,
and that the added building area be modestly sized and of similar architecture in comparison with the
principal residences on the site and in the surrounding area;
B. Requiring new buildings to reflect the mass and spacing of existing, nearby buildings;
C. Requiring special parking and coverage standards;
D. Requiring minimum amounts of usable open space.
LU 2.15. Residential Densities
The City will evaluate alternatives to the current maximum number of dwelling units per acre (based on
bedroom count) and height, parking, and setback standards, to regulate residential building intensity, and
bulk and mass. Floor area limits will be considered.
LU 2.16. Use of Downtown Parking by Residents
The City shall evaluate the potential to use portions of City-owned parking lots and structures for
residents’ parking.
LU 4.28. Allowing Efficiency Units and Variable Density in Downtown
The City shall modify zoning regulations to allow efficiency units and variable density in the Downtown
Core.
Potential Flexible Density Considerations
Communities similar in scale to San Luis Obispo are exploring options to provide greater flexibility for new
residential development and encourage higher densities in core areas. This section outlines a range of
options to increase flexibility in the Downtown density standards and provides examples of how other
communities have addressed this challenge.
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Using FAR to Control Intensity
Residential development largely is regulated by
density, which is measured in dwelling units per
acre (du/ac). Standards for building intensity for
non-residential uses such as mixed-use,
commercial, and industrial development are
measured by floor area ratios. Floor area ratio
(FAR) is the relationship between the total
amount of usable floor area in a structure and
the total area of the lot on which a structure is
built. This ratio is determined by dividing the
total floor area of a structure by the gross area of
the lot. The higher ratio, the greater intensity of
the development. In the case of mixed-use
developments that include residential uses,
density standards are typically applied to the
residential component, while FAR standards are applied to the entire project.
In San Luis Obispo, FAR regulates the intensity of uses through a combination of height and lot coverage
standards. Greater height limit, allowable lot coverage, or a combination of both, will result in increased
intensity of the use. The existing maximum FAR in the C-D zone is 3.0 for structures up to 50 feet tall,
3.75 for structures over 50 feet tall, and 4.0 for structures over 50 feet tall that either include a transfer
of development credits for open space or historic preservation, or if there is an approved density bonus
for affordable housing. The FAR calculation, per the definition in Title 17, includes all above ground
parking facilities in a structure. The existing height limit in the C-D zone is 50 feet, or up to 75 feet with
approval of use permit from the Planning Commission contingent upon performance standards
described in Section 17.42.020 of the Zoning Regulations. The maximum allowed lot coverage in the C-D
zone is 100 percent.
The existing FAR standards do not match up with the development standards for the C-D zone since the
maximum FAR prevents structures at 100 percent lot coverage from achieving the maximum height. For
example, a structure at 100 percent lot coverage, with a 3.0 FAR, is limited to three stories, which results
in buildings below the maximum height of 50 feet (assuming 10 to 15 feet per story). To increase
Downtown density, the City could increase the FAR to 5.0 for structures up to 50 feet in height. This
allows projects at 100 percent lot coverage to build to the 50-foot height limit, creating flexible density
for Downtown projects. Increasing the FAR would not allow projects that are not at the maximum lot
coverage to be higher since the maximum height would not change.
The City also has the option to increase both the maximum height and maximum FAR in the C-D zone.
This would allow projects at less than the maximum lot coverage to increase structure height, providing
Figure 1: Illustration of Floor Area Ratio
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the opportunity for more compact dense development. Other considerations related to increasing FAR
or height limits include the adequacy of the City’s fire protection equipment for taller buildings (can
ladders reach higher heights), sufficiency of existing infrastructure, and consistency with other City
policies related to community character, values, and viewshed protection.
Density Transfer
Zoning Regulations Section 17.16.010 allows projects in the Planned Development (PD) overlay zone to
transfer density to another project in the PD overlay zone. The City could expand this approach to the C-
D zone to allow Downtown projects that do not develop to maximum allowable density to transfer the
remaining density potential to other Downtown projects.
Modifying existing C-D regulations to permit density transfers is consistent with the General Plan Land
Use Element, which promotes the transfer of development credits to projects in Downtown. Land Use
Element Policy 4.2.1: Existing and New Dwellings directs the City to allow projects to transfer density
credits to other commercial core properties in Downtown, thereby resulting in higher residential
densities than otherwise allowed.
Efficiency Units
In 2017 the State passed AB 352, Efficiency Units, as part of its Legislative Housing Package. The purpose
of this law is to encourage the development of more efficiency units and to prohibit communities from
creating impediments to their development. Efficiency units, also known as micro units, are small,
individual living spaces that typically consist of a single room within a multi-family structure. In many
cases, these units lack a complete kitchen or bathroom facilities. For example, an efficiency unit may
have a minifridge, microwave, and sink, but no stove or oven. They may also include shared bathroom
facilities. Efficiency units are affordable by design and promote denser, more affordable housing.
San Luis Obispo, like many communities, is facing challenges associated with the housing shortage. A
main contribution to the need for affordable housing is the shortage of housing for off-campus students
attending California State University, San Luis Obispo. The student demographic generally does not
require large housing units and can forego many of the amenities that other populations commonly
desire. Many students and young adults entering the job market prefer to live in urban centers with
proximity to shopping, dining, transportation, and recreation. Efficiency units are ideally suited for many
in this population demographic.
Over the last two decades, the City has enhanced Downtown with a variety of dense mmixed-use
housing and commercial developments. Implementation of AB 352 can build upon the advancements in
the urban core by increasing flexible density ranges and allowing a greater number of smaller
(efficiency) units per acre, which creates denser infill projects. The existing maximum residential density
for the C-D Zone is 36 units per acre. That density limit could be increased based on the percentage of
efficiency units included in the project, allowing for an overall greater number and broader choice of
housing units Downtown.
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To fully comply with AB 352, the Zoning Regulations must allow efficiency units in residential zones that
allow high-density housing within one-half mile of public transit or within one block of a car sharing
service. Lastly, efficiency units must be allowed, without limit to number of units, in residential zones
that allow high-density housing within one mile of the Cal Poly campus.
Figure 2: Examples of efficiency units
Parking Standards
Municipalities throughout the country are modernizing parking standards as travel habits shift away
from single-occupant automobile travel toward alternative modes of transportation. Local governments
are taking new approaches to determining parking demand, particularly in areas that are walkable and
have excellent access to transit. Greater flexibility in parking requirements can reduce the amount of
land that is allocated toward parking and increase the amount of land for active uses.
Unbundled Parking
“Unbundling” parking is the practice of selling or leasing parking spaces separate from the purchase or
lease of the commercial or residential use. This allows base housing costs to be lowered and individuals
who do not need parking the flexibility of paying less for their home. It also incentivizes individuals—
where they have the option, to walk, bike, or use public transit for daily activities—to forego carsare
ownership.
The City of San Jose included unbundled parking as parking reduction incentive for multifamily
residential projects in a Main Street District. San Jose Municipal Code Section 20.90.220 allows reduced
parking requirements for multifamily residential projects in a pedestrian-oriented area if the project
meets certain conditions, one of which includes unbundled parking. San Luis Obispo can apply a similar
reduction incentive to residential developments in Downtown. While the Zoning Regulations allow the
Director, based on making certain findings, to reduce the parking for residential development by either
10 percent or one space (see Section 17.60.016[H]), the City could implement additional provisions to
allow or incentivize unbundled parking for residential projects in Downtown.
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Reduce or Eliminate Parking Requirements
Reducing or eliminating parking in Downtown under certain conditions could lead to increase density
and intensity by maximizing the amount of land devoted to residential or other active land uses. The City
could allow a reduction or elimination of parking if a project meets certain criteria (e.g., proximity to
transit, percentage of affordable units, etc.). The City currently allows parking reductions in C-D zone to
“…provide flexibility in meeting parking requirements and rely on the consolidation of parking” (see
Section 17.16.060). These provisions include reducing the parking requirement by one-half for
residential, service, entertainment, and lodging uses including restaurants, bars, night clubs, theaters,
auditoriums, hotels, bed and breakfast inns, and dwelling units (see Section 17.16.060[H][3]).
The City could reduce parking through the use of an overlay zone. For example, the City of Emeryville
has applied parking reduction to areas located adjacent to transportation hubs by applying a Transit Hub
(TH) overlay zone. Parking requirements can be reduced by up to 50 percent in the TH overlay zone.
Emeryville also allows a further reduction to the parking requirements with the approval of a
Conditional Use Permit based on the provision of “significant amenities to encourage transit use and
increased pedestrian comfort.”
The City of Santa Monica and other communities limit the maximum number of parking spaces in
projects to prevent excessive parking. The City could also consider this approach to further limit the
amount of land devoted to parking and increase the efficient use of existing parking facilities
Alternative Parking Facilities
Over the last 20 years, the City has shifted away from reliance on surface parking lots in Downtown to
support the development of more intensive, active uses. The City has embraced the movement toward
alternative parking methods through the construction of several City-owned parking structures
Downtown. This shift implements Goal 7.4 in the Downtown Concept Plan, which states that the City
shall “Encourage the redevelopment of surface parking lots with more sustainable uses.” The City has
also implemented several alternative parking standards, including the use of mechanical lifts in
commercial and multifamily developments. The use of mechanical lifts promotes the consolidation of
parking in more compact space to create more useable space for active uses. The existing Zoning
Regulations do not permit mechanical lifts in the C-D zone as method of alternative parking. The City
may want to consider revising standards to allow mechanical parking lifts in the C-D zone.
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Finally, another approach, which tends to be the costliest, is to underground parking. Underground
parking would allow for full use of the ground-level site for active uses. However, high groundwater
levels in Downtown and the high cost of excavation may constrain this approach.
Figure 3: Example of an underground parking structure (left) and car stacker (right).
Considerations for Updating the Zoning Regulations
As the City considers options for flexible housing density, the following points may help inform the
discussion:
• Consider increasing the maximum FAR in the C-D zone.
• Consider allowing density transfer to noncontiguous parcels in the C-D zone.
• Incentivize the development of efficiency units in Downtown by increasing the maximum allowed
number of dwelling units per acre or not applying any density restrictions to efficiency units.
• Permit unbundled parking for residential projects in the C-D zone.
• Reduce or eliminate parking requirements in the C-D zone through a parking overlay zone tying
specific parking reductions to access to alternative transportation modes.
• Consider a parking in-lieu fee for projects in the C-D zone to reduce the amount of land devoted
to parking downtown and increase use of City parking facilities.
• Add maximum parking limits to eliminate excessive parking.
• Allow the use of mechanical car lifts in the C-D zone.
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Sources
California Legislative Information, Assembly Bill No. 352, accessed December 2017:
https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201720180AB352
City of Emeryville Municipal Code, accessed December 2017:
http://www.codepublishing.com/CA/Emeryville/
City of San Jose Municipal Code, accessed January 2018:
https://library.municode.com/ca/san_jose/codes/code_of_ordinances?nodeId=TIT20ZO
City of Santa Monica Municipal Code, accessed December 2017:
http://www.qcode.us/codes/santamonica/
International Code Council, 2015 International Building Code, accessed December 2017:
https://codes.iccsafe.org/public/document/IBC2015
Consultant for this White Paper
Mintier Harnish
1415 20th Street, Sacramento, CA 95811
(916) 446-0522
www.mintierharnish.com
Attachment 7