HomeMy WebLinkAboutItem #4 - GENP-0327-2017 (Zoning Regulations Update)MEMORANDUM
DATE: April 11, 2018
TO: Planning Commission
BY: Kyle Bell, Associate Planner
FROM: Doug Davidson, Deputy Director DD
SUBJECT: Zoning Regulations Update – Early review of Article 4 (Regulations for Specific
Land Uses and Activities), Draft White Papers Personal Mobility, and
Implementation of the Climate Action Plan. Update from City Council Study
Session on April 10, 2018.
DRAFT ARTICLES
The Zoning Regulations Outline has been provided for reference as Attachment 3, 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
Article 4 – Regulations for Specific Land Uses and Activities
See Attachment 1, the following highlights will be presented and discussed at the meeting, are
identified below;
a.Consider organization of the Article into two categories:
o Specific Land Use Regulations – to address uses identified in Table 9
o Specific Activity Standards – to address activities typically accessory to land uses
(i.e. vending machines)
o Discuss methods to address Mixed-Use development standards regarding
thresholds between residential and non-residential uses (percentage, location,
review process, etc.)
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Memorandum: Zoning Regulations Update
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INFORMATIONAL ITEMS: DRAFT WHITE PAPERS
Re-Envisioning Personal Mobility
“Personal mobility” is a term shared with the City Council and Planning Commission at the April
12, 2017 joint study session on the Zoning Regulations update. The topic was introduced as one
of several policy issues meriting further investigation as to how the Zoning Regulations might
implement new General Plan policies.
The paper provides examples of policies adopted by other municipalities in California and
throughout the U.S. to encourage alternative modes of transportation. Short case studies of other
countries are provided as well. Implications of applying these regulations in San Luis Obispo are
presented at the end of this paper (Attachment 2).
Implementation of the Climate Action Plan
The State of California adopted the Global Warming Solutions Act (AB 32) in 2006 to establish
the statewide goal of reducing statewide greenhouse gas (GHG) emissions to 1990 levels by the
year 2020. Local governments are developing and implementing local strategies to reduce and
mitigate GHG emissions. Pursuant to AB 32 goals, the City of San Luis Obispo adopted its Climate
Action Plan (CAP) in August 2012.
The CAP includes the City’s adopted GHG emissions reduction targets and the plan to achieve
those targets. As part of the plan implementation measures, the CAP calls for specific revisions to
the Zoning Regulations. This paper outlines recommendations to update the Zoning Regulations
to effectuate the CAP Implementation Program (Attachment 3).
FOCUS QUESTIONS FROM STUDY SESSION
On April 10, 2018, the City Council held a Study Session on the progress made updating the
Zoning Regulations, highlighting the public input process and project schedule.
The study session built on the progress and input, as well as the previous joint Council Study
Session with the Planning Commission (April 12, 2017), seeking direction from the Council on
key issues, including density, parking, housing types, and the development review process, alcohol
regulations, barriers to Accessory Dwelling Unit (ADU) construction, and potential standards for
rooftop uses.
Staff will provide an update from the Council’s direction regarding the eight items identified in
the table below;
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Memorandum: Zoning Regulations Update
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Focus Questions for Study Session
Yes No
1. Revise the density calculations as discussed for simplification and to continue
encouraging smaller housing units?
2.
Allow flexible density downtown by removing density limits from smaller (600 sq.
ft.) units? This would also include applying the downtown development standards to
the Upper Monterey corridor (to the trestle) and bringing back the corresponding
Ordinance Overlay Zone map as part of this Zoning Regulations Update.
3.
Regulate rooftop uses by establishing setbacks, hours, size limits, and other standards
to balance the use and enjoyment of rooftop uses with the privacy of residential
settings?
4. Whether current alcohol outlet practices and the incorporation of conditions of
approval as standards are adequate to address safety concerns downtown?
5. Whether to incorporate an opportunity for tiny homes on wheels as part of the Zoning
Regulations Update?
6. Remove specific barriers to ADU construction? Frontage improvements and/or
impact fees?
7. Consolidate and streamline the review process for more simplicity, as outlined in the
report?
8.
Whether parking requirements should be adjusted to reflect the City’s multi-modal
objectives in conjunction with revised and modified parking reduction standards?
These would include reducing the parking requirements to be more consistent with
ITE standards, lowering the level of review for parking redu ctions, and relying on
project-specific parking studies to determine the proper type and percentage of the
reduction.
Council Agenda Report: Study Session – Status Report and Policy Direction on Zoning
Regulations Update. (http://www.slocity.org/government/mayor-and-city-council/agendas-and-
minutes)
ATTACHMENTS
1.Article 4 – Regulations for Specific Land Uses and Activities
2.Draft White Paper – Re-Envisioning Personal Mobility
3.Draft White Paper – Implementation of the Climate Action Plan
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ARTICLE 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.
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2.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.
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c.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.
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Any 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)
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B. 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.
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(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.
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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.
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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.
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I9. 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)
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E. 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;
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5.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.
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“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;
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3c. 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.
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2b. 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
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hearing 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.
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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.
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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.
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3.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.
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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.;
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J12. 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)
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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:
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1.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.
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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.;
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ADMINISTRATIVE DRAFT
3c3. 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.
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ADMINISTRATIVE DRAFT
3.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
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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.
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ADMINISTRATIVE DRAFT
3.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
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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.
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ADMINISTRATIVE DRAFT
1.
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.
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ADMINISTRATIVE DRAFT
4. 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.
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ADMINISTRATIVE DRAFT
D. Prohibited Uses. The following uses by their operation or nature may interfere with residential welfare and
diminish the convenience intended for commercial zones, and therefore shall not be 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.
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ADMINISTRATIVE DRAFT
D. 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.
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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.
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ADMINISTRATIVE DRAFT
9.5. 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.
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ADMINISTRATIVE DRAFT
1. 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.
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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.
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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.
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ADMINISTRATIVE DRAFT
C. 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.
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ADMINISTRATIVE DRAFT
2.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.
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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.
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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.
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ADMINISTRATIVE DRAFT
4.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 1
PC4 - 45
ADMINISTRATIVE DRAFT
the 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.
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ADMINISTRATIVE DRAFT
a.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.
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ADMINISTRATIVE DRAFT
4. 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.
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B. 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.
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In 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.
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75.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.
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C. 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
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of the structure. If possible, antennas and equipment shall be located entirely within an existing or
newly created architectural feature so as to be effectively unnoticeable.
b.Ground-mounted support equipment shall be undergrounded or otherwise screened from view so as to
be effectively unnoticeable.
c.All connections and conduits between the base of the antenna(s) and support equipment shall be
undergrounded. Connections and conduit above ground shall be fully enclosed to the satisfaction of the
community development 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.
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11.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.
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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)
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White Paper:
Re-envisioning Personal
Mobility
February 2018
Introduction
In 2014, the City of San Luis Obispo adopted its Circulation Element and Multimodal Transportation
Impact Study Guidelines. These policy documents establish an aggressive mode split objective—50%
auto, 20% bicycles, 18% walking and other, and 12% transit—with a matching budgeting policy. This
paper explores how the City’s Zoning Regulations can help accommodate and encourage mode shift
through changes in personal mobility options in San Luis Obispo. The paper provides examples of
policies adopted by other municipalities in California and throughout the U.S. to encourage alternative
modes of transportation. Short case studies of other countries are provided as well. Implications of
applying these regulations in San Luis Obispo are presented at the end of this paper.
Encouraging mode shift will require that the City consider changes to public infrastructure and building
code requirements, and even implement monetary incentives or penalties. These topics are beyond the
scope of this paper. Also, the topic of autonomous vehicles is not addressed since City staff believes
that widespread use of autonomous vehicles is beyond the planning horizon for the contemplated
Zoning Regulations changes.
Defining the Future of Personal Mobility
“Personal mobility” is a term shared with the City Council and Planning Commission at the April 12, 2017
joint study session on the Zoning Regulations update. The topic was introduced as one of several policy
issues meriting further investigation as to how the Zoning Regulations might implement new General
Plan policies. This paper discusses the following personal mobility options that present alternatives to
driving a personal, gasoline-powered car.
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Privately Owned Vehicles
New technologies have increased shared mobility’s popularity and decreased the need to own a
personal vehicle. Shared mobility includes car share (e.g., ZipCar and Car2Go), ridesourcing (e.g., Lyft,
Uber, and taxis), and ridesharing (e.g.,
UberPool and Lyft Line). In its current form, car
sharing requires parking spaces where these
cars can either be parked permanently (e.g.,
ZipCar) or temporarily (e.g., Car2Go), either in
a private parking lot or public curbside spaces.
Ridesourcing and ridesharing only require
drop-off areas (curbside or in parking lots) for
customer pick-up and drop-off.1 Owners of
these vehicles need private residential parking
spaces or for taxi services, commercial lots.
Autonomous vehicles may
eventually fall under the
category of shared mobility
but are outside the scope of
this paper.
The State of California defines zero emission vehicles (ZEVs) as vehicles with no harmful tailpipe
emissions, which include hydrogen fuel cell electric vehicles and plug-in electric vehicles. California is
dedicated to promoting ZEVs adoption in the State.2 Available charging infrastructure is key to ZEV
success, and ZEVs need places to charge/refuel in residential and commercial areas.
Active Transportation
Walking and bicycling, both as their own methods of transportation and in combination with other
modes (such as transit), are key to decreasing personal vehicle use. Considerations for zoning to
encourage walking include pedestrian-friendly urban design and easily accessible mixes of uses. Cities
can increase bicycle amenities—such as convenient short-term bicycle parking, secure long-term bicycle
parking, and showers for employees at places of business—through zoning.
1 ARCADIS, HR&A, and Sam Schwartz. 2017. Driverless Future: A Policy Roadmap for City Leaders.
2 Governor’s Interagency Working Group on Zero-Emission Vehicles. ZEV Action Plan. February 2013.
http://opr.ca.gov/docs/Governors_Office_ZEV_Action_Plan_(02-13).pdf
ZipCar stations at San Diego State University.
Source: http://www.kpbs.org/news/2009/dec/09/zipcar-rental-program-
comes-san-diego-state-univer/
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Other
Other devices used for
local transportation
include electric bicycles,3
golf carts, personal
mobility devices (small
wheeled electric
alternatives to the car,
such as the Segway or an
electric scooter)4, and even
skateboards, either
human-powered or
motorized. Zoning considerations include
providing charging outlets or stations for these
vehicles, short-term parking, and long-term
storage.
3.Policies
The new or revised standards shown in Table 1 could be incorporated into the Zoning Regulations to
encourage transportation mode shift and enhance personal mobility. Current San Luis Obispo zoning
standards relating to each standard are included. Standards are divided into: 1) physical amenities
developers can provide and 2) policy tools the City can use to encourage alternate means of
transportation.
3 As of 2015, most electric bicycles are allowed on any trail or path non -motorized bicycles can use in the State of
California. California AB 1096, 2015.
4Litman, Todd and Robin Blair. January 2017. Managing Personal Mobility Devices (PMD) on Nonmotorized
Facilities. Victoria Transport Policy Institute.
Public electric bicycle parking in Victoria, British Columbia.
Source: http://www.victoria.ca/EN/main/residents/parking/bicycle.html
URB-E electric scooter locked to bicycle parking.
Source:
http://escootery.com/index.php/2016/09/19/what-its-
really-like-to-commute-on-an-urb-e-in-los-angeles/
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Table 1: Zoning Regulation Parking Options/Exceptions
Type of Standard Definition Reduction/Exception
Shared parking reduction Two or more uses share common
parking areas (Administrative Use
Permit required)
Up to 10% reduction
Mixed-use parking
reduction
Projects sharing parking
(Administrative Use Permit
required)
20% reduction. Up to 30%
Reduction in combination with
above shared parking reduction
Mechanical parking lifts In commercial zones and multi-
family developments
(Administrative Use Permit
required)
Mechanical parking lifts can satisfy
some or all required parking
Automobile trip reduction Projects that implement non-auto
travel such as innovative project
design, Transportation Demand
Management (TDM), or incentives
“when it can be demonstrated that
reduction of on-site
parking will be safe and will not be
detrimental to the surrounding
area or cause a decline in quality of
life.” (Administrative Use Permit
required)
Reduction amount not specified
Off-site parking Parking allowed on different site,
as long as it is within 300 feet of
use (Administrative Use Permit
required)
Some or all required parking can be
located off site
Motorcycle Spaces Provide more than minimum
motorcycle spaces (one per 20 car
spaces)
Above minimum, reduction of one
car space for every extra five
motorcycle spaces, up to 10%
Bicycle Spaces Provide more than minimum
bicycle spaces
Above minimum, reduction of one
car space for every extra five
bicycle spaces, up to 10%
Downtown Core Reductions of standard
requirements depending on use
Tandem Parking Allowed in residential uses,
hotel/restaurant projects in the
Downtown Commercial zone, and
office, given certain requirements
are met
Elderly housing parking One-half space per dwelling unit or
one space per four occupants of a
group quarters
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Table 1: Zoning Regulation Parking Options/Exceptions
Type of Standard Definition Reduction/Exception
Low-income housing
parking
One car and one bicycle space per
dwelling unit
Source: 17.16.060 Parking Requirements
This paper cites policies from the zoning codes of Boulder, CO and Davis, CA, as they are both smaller
university cities with progressive transportation policies. This paper also uses examples from the City of
Santa Monica, as Santa Monica has fairly progressive zoning policies regarding mobility. Lastly, policies
from a number of other cities are included to provide diverse ideas.
Physical Amenities
Bicycle and Personal Mobility Device Parking and Amenities
The number of bicycle parking spaces currently required by the Zoning Regulations is determined by
zone and as a percentage of required automobile spaces (see Exhibit 1). Minimum percentages apply
regarding both short-term and long-term bicycle parking. All residential uses must provide interior space
or lockers for two bicycles per unit regardless of automobile spaces provided. No requirements apply to
parking or storage space for other types of personal mobility devices.
Exhibit 1: Bicycle Parking Space Requirements in Zoning Regulations
Source: SLO Municipal Code, 17.16.060, Table 6.5 Bicycle Parking Space Requirements
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Considerations
A policy goal in the 2013 Bicycle Transportation Plan is that “All developments/subdivisions shall be
designed with bicycle use as an equal and viable option for transportation to, from, and within a
development” (Policy 1.6). To that end, the following revisions could be made to the Zoning Regulations.
•Update bicycle parking requirements. As recommended in the 2013 Bicycle Transportation Plan,
zoning requirements affecting bicycle parking should be reviewed a minimum of every five years
(Implementation Action 2.2.1). This is being addressed through the current Zoning Regulations
update.
•Require showers/changing facilities. Shower and locker facilities are important for commuters
who travel longer than 20 minutes by bicycle to work. As recommended in the 2013 Bicycle
Transportation Plan, the City could require shower facilities for workplaces in the Zoning
Regulations (Implementation Action 2.27.1) instead of solely as discretionary requirements for
moderate- to larger-scale commercial projects.
•Add long-term bicycle and personal mobility devices standards. The 2013 Bicycle Transportation
Plan includes standards for long-term bicycle parking. The City should incorporate these
standards into the City’s Community Design Guidelines and/or Zoning Regulations. Long-term
bicycle parking could also double as storage for other small personal mobility devices.
Also, as part of the Zoning Regulations update effort, City staff consulted with the Bicycle Committee to
solicit recommendations to improve the “bike friendliness” of SLO toward achieving mode shift goals.
The Committee suggested the following.
•The number of bicycle parking spaces should reflect the Circulation Element objective for 20%
bicycle trips City wide.
•Explore opportunity to incorporate where bicycle parking may be located into the Zoning
Regulations rather than Engineering Code and Community Design Guidelines.
•Establish bike parking requirements for parking structures.
•Consider an in-lieu fee program Downtown to provide public bicycle parking throughout
Downtown.
•Bike parking should be based on land use instead of zone.
•Consider provisions for providing bicycle parking for carriage bicycles.
The Committee generally agrees that long-term bicycle parking should meet minimum building code
requirements and preference should be provided for short-term parking, in conjunction with the
existing requirement for two bicycle parking spaces per residential unit.
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Vehicle Parking Requirements
The number of off-street parking spaces required by the current Zoning Regulations is determined by
use type and either number of spaces per square feet or per unit/bedroom/bed. Required spaces cannot
be rented or leased to off-site uses. The regulations state that the City’s intent, where possible, is “to
consolidate parking and to minimize the area devoted exclusively to parking and drives when typical
demands may be satisfied more efficiently by shared facilities,” and includes a number of reduction
options and exceptions, as summarized in the following table. (These are currently being reviewed for
simplification as part of the Zoning Regulations update.)
Considerations
•Require priority parking spaces for high-occupancy vehicles in commercial developments, with
the goal of increasing carpooling and vanpooling.5 For example, the City of Santa Monica
requires commercial uses with over 50 parking spaces to reserve at least one space for
car/vanpool use.6
•Reduce parking supply minimum numbers whenever possible as appropriate.
•Allow parking reduction for provision of car share parking spaces. For example, the City of Fort
Collins, CO allows multifamily and mixed-use developments in Transit-Oriented Development
overlay zones to reduce parking by replacing five regular parking spaces with one car share
space.7
•Require developers to unbundle parking from individual residential units/non-residential space,
and lease/sell spaces separately. San Francisco, for example, requires separate parking and
housing costs in new residential buildings, which has led to a reduction in car ownership.8
•Allow a developer to reduce parking requirements if they provide new residents with transit
benefits or other TDM programs. For example, the District of Saarich in British Columbia, Canada
allowed a developer to reduce parking requirements in exchange for providing new residents
with a transit pass for one year, a carshare vehicle membership for each unit, and secure
underground bicycle storage.9
•Consider allowing other PMDs to use motorcycle parking.
5 TDM paper.
6 City of Santa Monica Municipal Code. 9.28.150.
7 City of Fort Collins Municipal Code. 3.2.2.
8 MTC. Parking Requirements & Unbundling. VPP Parking Project. https://parkingpolicy.com/reduced-
requirements/.
9 TDM pg. 16
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Electric Vehicle Charging Stations
Electric vehicles, electric bicycles, and other personal mobility device charging are not considered in the
current Zoning Regulations.
Considerations: PEVs
The following standards could be added to the Municipal Code (not necessarily in the Zoning
Regulations) to accommodate and encourage electric vehicle charging.
•Allow installation of PEV chargers in most or all zones outright. PEV charging is compatible and
complementary with all uses. Allowing PEV charging as a permissible or accessory use in most or
all zones can decrease time/cost barriers, such as additional parking requirements and review,
to installation. The City of Lancaster’s Municipal Code permits electric vehicle charging stations
in any single-family or multi-family residential garage and as an accessory use, as long as they
meet basic requirements (see
Appendix A).
•Allow PEV charging parking spaces to
count towards minimum parking
requirements.
•Require a minimum percentage of
parking spaces in new construction be
PEV ready based on
current/anticipated demand. The City
of Boulder, CO, for example, requires
new multifamily and commercial
structures with more than 25 parking
spaces to have 10% of parking spaces
with one 240-volt and one 120-volt
dedicated charging receptacle
outlet.10
•Modify building code to require PEV-ready wiring in new construction. California’s green
building code provides voluntary standards that support PEV charging, including wiring for
future electrical vehicle charging installations in residential buildings, standard wiring for future
electrical vehicle charging installations at commercial, retail and other nonresidential locations,
and minimum parking requirements. These can be adopted into the City’s ordinances to meet
future demand and reduce costs for future retrofitting.11
•Prohibit parking in spaces designated for charging electric vehicles unless the vehicle is a plug-in
electric vehicle. California AB 475 authorizes local governments to require that cars located in a
10 City of Boulder Municipal Code, Title 10 – Structures, Chapter 6 – Electrical Codes (10-6-4 and 10-6-5).
11 California Green Building Standards Code of Regulations, Title 24, Part 11.
Electric vehicle charging station at a multi-family apartment
building.
Source: http://www.plugincars.com/planning-electric-vehicle-
ownership-accessible-apartment-dwellers-129340.html
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parking space with PEV charging equipment must be plugged in.12 For example, the City of
Boulder prohibits parking in spaces designated for charging an electric vehicle.13
Considerations: Electric Bicycles
•Require electrical outlets near bicycle parking to allow charging of e-bicycles and other electric
personal mobility devices. For example, the City of Santa Monica requires at least one electrical
outlet be available in each long-term bicycle parking area for e-bicycle charging.14
Pedestrian-Friendly Urban Design and Transit-Orientation
One of the stated goals in the Community Design Guideline is to “maintain and enhance [SLO’s]
character as a compact community with distinctive, attractive, pedestrian-oriented commercial areas
and neighborhoods.” The guidelines already contain numerous design goals to enhance the
environment for walking, bicycling, and transit use.15
Considerations
•Codify key design guidelines that apply to residential developments to ensure they are
implemented. The State of California no longer allows cities to deny housing projects if they
comply with all objective general plan, zoning, and subdivision standards.
Policy Tools
Transportation Demand Management (TDM) “refers to a variety of strategies that change travel
behavior (how, when, and where people travel) in order to improve transportation system efficiency
and achieve key regional objectives, such as reduced traffic congestion, increased safety and mobility,
and energy conservation and emission reductions.” The most successful TDM strategies are continuing,
enforceable ordinances that are coupled with education and encouragement about the benefits of TDM.
TDM strategies include Trip Reduction Ordinances (TROs), development agreements, and development
fees.16
Trip Reduction Ordinances
Trip Reduction Ordinances require developers and/or employers to provide amenities or incentives to
encourage the use of alternative transportation methods by employees or residents. These ordinances
12 State of California. AB 475. Butler, Chapter 274, Statutes of 2011.
13 City of Boulder Municipal Code, Title 7 – Vehicles, Pedestrians, and Parking, Chapter 6 – Parking Infractions (7-6-
30).
14 Santa Monica Municipal Code. 9.28.140(F)(1)(d).
15 City of San Luis Obispo. June, 2010. Community Design Guidelines.
16 SANDAG. May 2012. Integrating Transportation Demand Management Into the Planning and Development
Process. https://www.icommutesd.com/documents/TDMStudy_May2012_webver sion_000.pdf.
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typically require a certain reduction in trips with rewards and penalties for compliance or
noncompliance.17
SLO currently has a TRO that applies specifically to employers, called the “Commute Alternatives Rule.”
This rule requires all employers with 100 or more employees to improve air quality by reducing air
pollution from employee commute trips. Employers who meet fail to meet the specified target (1.5
average vehicle reduction, or AVR) must develop a trip reduction plan. Employers who exceed their AVR
goal can sell trip reduction credits to employers who have not.18
SLO also allows developers to reduce the amount of parking they provide if they provide a reasonable
justification for the reduction, including innovative project design, transportation demand management,
or incentives that can reduce single-occupant vehicle travel to and from the site.19 This requires an
Administrative Use Permit.
Considerations
•Expand the Commute Alternatives Rule to include employers with fewer than 100 employees,
perhaps as low as 50. In the City of Santa Monica, employers with more than 10 employees
must complete a Worksite Transportation Plan (requiring alternative transportation education)
or Emission Reduction Plan (requiring implementation of alternative transportation strategies)
depending on size.20
•Require that new development projects or new users in existing buildings adopt trip reduction
strategies. For example, the City of Boulder, CO requires new developments in higher-density
residential and mixed-use zones to demonstrate that 55 percent of trips generated by the
development during the highest peak travel time are made by a transportation mode other than
a single occupant vehicle. This is demonstrated through a travel demand management plan that
can include infrastructure and amenities, as well as a travel demand management operations
program.21 The City of Santa Monica requires developments over a certain size to develop a
TDM plan and meet a certain AVR.22
•Encourage creative commute alternative programs, including: providing a commuter
information center, charge employees market rate for parking (carpool free), provide a parking
cash-out program, provide on-site car or bike share, offer flexible work hours and a telework
17 SANDAG. May 2012. Integrating Transportation Demand Management Into the Planning and Development
Process. https://www.icommutesd.com/documents/TDMStudy_May2012_webversion_000.pdf.
18 SLO Municipal Ordinance. Chapter 11.04: Trip Reduction Measures.
19 These can include “carsharing, employer-paid transit passes, cashouts (i.e., trip reduction incentive plans), or off-
peak work hours.” SLO Municipal Code 17.16.060.
20 City of Santa Monica Municipal Code. Chapter 9.53. Summary available here:
https://www.smgov.net/Departments/PCD/Transportation/Employers/.
21 City of Boulder Municipal Code. Chapter 9-9-22.
22 City of Santa Monica Municipal Code. Chapter 9.53.
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program, offer subsidies for transit/carpool, offer a pre-tax deduction for transit/carpool/bicycle
costs, etc.23
Development Agreements
Cities have had success including TDM programs as part of written development agreements with
developers. SLO currently has extensive requirements about development agreements, but these do not
include TDM requirements.24
Considerations
•Negotiate developer-sponsored TDM programs as part of written development agreements.
Credit/benefits for each action should be clearly defined. The San Diego County Association of
Governments (SANDAG) has published “Integrating Transportation Demand Management into
the Planning and Development Process,” a paper that suggests a number of items to include in a
written development agreement.25
Development Fees
The Zoning Regulations currently allow properties with new construction, changes in occupancy, and
additions to existing buildings in the Central Commercial Core to pay an in-lieu fee instead of providing
on-site parking spaces. This fee goes to the City’s parking fund, which is used for the development or
maintenance of parking that satisfies the parking demand of new development projects in the area.26
SLO also requires payment of a transportation impact fee for new development.27
Considerations
•Require all developers pay a Transportation Demand Management fee to help administer a TDM
program. For example, the City of Santa Monica requires larger developments to pay a fee to
help administer and educate about TDM policies.
•Update the City’s transportation impact fee ordinance in accordance with State Law (AB1600)
that requires developers to fund their fair share of projects and programs that mitigate city-
wide transportation impacts caused by new development.28
23 SANDAG. May 2012. Integrating Transportation Demand Management Into the Planning and Development
Process. https://www.icommutesd.com/documents/TDMStudy_May2012_webversion_000.pdf, pg. 18.
24 SLO Municipal Code, Chapter 17.94.
25 SANDAG. May 2012. Integrating Transportation Demand Management Into the Planning and Development
Process. https://www.icommutesd.com/documents/TDMStudy_May2012_webversion_000.pdf, pg. 18.
26 SLO Zoning Code 4.30, Parking In-Lieu Fees for the Central Commercial Zone
27 SLO Municipal Code, Chapter 4.56.
28 SLO General Plan: Circulation Element. 2014
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4. Conclusions
Land use is a key component of transportation choices individuals make. The City must adopt innovative
and forward-thinking land use policies to help achieve the City’s aggressive mode split goals, including:
•Enhancing bicycle and PMD parking and amenities
•Implementing innovative parking reduction measures
•Preparing for and encouraging more widespread PEV adoption
•Codifying key design pedestrian-, bicycle-, and transit-oriented design guidelines
•Enhancing the City’s Commute Alternatives Rule by expanding to additional employers and
developers
•Creating guidelines for TDM development agreements
•Considering additional development fees to help support the above programs
Sources
ARCADIS, HR&A, and Sam Schwartz. 2017. Driverless Future: A Policy Roadmap for City Leaders.
California AB 1096, 2015.
California Green Building Standards Code of Regulations, Title 24, Part 11.
City of Boulder Municipal Code. January 17, 2018.
City of Fort Collins Municipal Code. January 15, 2018.
City of Santa Monica Municipal Code. November 2017.
City of San Luis Obispo. June 2010. Community Design Guidelines.
City of San Luis Obispo Municipal Ordinance. December 12, 2017.
City of San Luis Obispo. November 2013. Bicycle Transportation Plan.
Governor’s Interagency Working Group on Zero-Emission Vehicles. ZEV Action Plan. February 2013.
http://opr.ca.gov/docs/Governors_Office_ZEV_Action_Plan_(02-13).pdf.
Litman, Todd and Robin Blair. January 2017. Managing Personal Mobility Devices (PMD) on
Nonmotorized Facilities. Victoria Transport Policy Institute.
McKinsey & Company. September 2015. Urban Mobility at a Tipping Point.
https://www.mckinsey.com/business-functions/sustainability-and-resource-productivity/our-
insights/urban-mobility-at-a-tipping-point.
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MTC. Parking Requirements & Unbundling. VPP Parking Project. https://parkingpolicy.com/reduced-
requirements/.
SANDAG. May 2012. Integrating Transportation Demand Management into the Planning and
Development Process.
https://www.icommutesd.com/documents/TDMStudy_May2012_webversion_000.pdf.
State of California. AB 475. Butler, Chapter 274, Statutes of 2011.
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Appendix A
Zoning Example for Installation of Plug-In Electric Vehicle Charging Stations (template adopted from
the City of Lancaster’s Municipal Code)
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White Paper:
Implementing t he Climate
Action Plan in the Zoning
Regulation s
FEBRUARY 2018
Introduction
California is a global leader in addressing climate change. The State adopted the Global Warming Solutions
Act (AB 32) in 2006 to establish the statewide goal of reducing statewide greenhouse gas (GHG) emissions
to 1990 levels by the year 2020. Local governments are developing and implementing local strategies to
reduce and mitigate GHG emissions. Pursuant to AB 32 goals, the City of San Luis Obispo adopted its
Climate Action Plan (CAP) in August 2012. The CAP includes the City’s adopted GHG emissions reduction
targets and the plan to achieve those targets. As part of the plan implementation measures, the CAP calls
for specific revisions to the Zoning Regulations. This paper outlines recommendations to update the
Zoning Regulations to effectuate the CAP Implementation Program.
Zoning Implementation Comparison Table
The following section outlines the implementation measures from the CAP that require revisions to the
Zoning Regulations. The first and second columns in the Zoning Implementation Comparison Table list the
Goals and Implementation measures from the CAP. Since adoption of the CAP in 2012, the City has begun
implementing several of the zoning-related implementation measures. The third and fourth columns
indicate whether the Zoning Regulations already address the Implementation measure and, where
applicable, include reference to the specific Zoning Regulations Chapter or Section.
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Zoning Implementation Comparison Table
Information from the Climate Action Plan (CAP)
Do the Existing Zoning Regulations
Meet the Implementation Measure?
Goal Implementation Yes/ No
If yes, reference to the
existing Zoning Regulations
BLD 2: New Construction
Energy Conservation
Encourage and incentivize new
development to exceed
minimum CALGreen
requirements.
✓ BLD 2.1 Expand incentive program for projects that exceed
Title 24 energy efficiency standards.
Yes Downtown-Commercial (C-D)
Zone - Section 17.42.020, and
Planned Development (PD)
Overlay Zone - Section 17.50.060
BLD 2.2 Require new development to install energy-
efficient appliances.
No
BLD 2.3 Amend design guidelines and other documents to
promote low-impact development strategies such as cool roofs
and cool paving surfaces.
No
RE 2: Renewable Energy
Implementation
Incentivize renewable energy
generation in new and existing
developments.
RE 2.1 Incentivize renewable energy generation by
streamlining review processes, reducing permit costs, and/or
allowing modest density bonuses for construction projects with
renewable energy installations.
No
RE 2.2 Revise City policies and regulations as needed to
eliminate barriers to the use of renewable energy; implement
General Plan programs that require solar power for certain
residential projects (COSE 4.6.17).
No
TLU 2: Alternative Vehicles
Promote clean air vehicles
(CAV), and expand the network
of electric car charging stations
and car-sharing parking spaces.
TLU 2.1 Require all new development with 50 or more
parking spaces to designate a minimum 8% of parking spaces for
clean air vehicles.
No
TLU 2.2 Require all new development with 50 or more
parking spaces to pre-wire for electric vehicle charging stations
and provide a minimum of two percent charging spaces.
No
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Zoning Implementation Comparison Table
Information from the Climate Action Plan (CAP)
Do the Existing Zoning Regulations
Meet the Implementation Measure?
Goal Implementation Yes/ No
If yes, reference to the
existing Zoning Regulations
TLU 2.5 Allow car-sharing companies to designate spaces
in public parking areas and multifamily housing projects.
No
TLU 5: Land Use Diversity and
Density
Encourage compact urban
form and mixed-use
developments.
✓ TLU 5.2 Promote infill by amending the General Plan and
Zoning Regulations to increase residential densities in suitable
zones.
Yes Downtown-Commercial (C-D)
Zone - Chapter 17.41
✓ TLU 5.3 Incentivize mixed-use development by reducing
parking requirements, allowing alternatives to Parking and
Driveway Standards, and streamlining permit review.
Yes Property Development Standards
- Section 17.16.060
TLU 5.4 Evaluate allowing mixed-use projects in the High-
density residential zone in the SLO2035 General Plan update.
No
✓ TLU 5.5 Apply a Mixed-Use (MU) overlay zone to areas
suitable for TOD based on the SLO2035 General Plan update.
Yes Mixed-Use (MU) Overlay Zone –
Chapter 17.55
TLU 7: Shared Parking
Reduce VMT and associated
GHG emissions by further
reducing parking requirements
for land uses that share the
same parking lot.
TLU 7.1 Amend the Zoning Regulations to increase the
potential shared parking reduction from 10% to 30%.
Yes Section 17.16.060 Parking Space
Requirements
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Consistency with the CAP
This section focuses on the CAP implementation measures that require updates to the Zoning Regulations,
describes goal associated with each measure, and recommends revisions to the Zoning Regulations to
achieve the goals.
BLD 2: New Construction Energy Conservation. Encourage and incentivize new
development to exceed minimum Cal Green requirements.
“Green” building techniques improve environmental quality by reducing energy consumption, GHG
emissions, harmful pollutants in the air, and storm water runoff.
The CAP directs the City to take additional steps beyond Title 24
to promote low-impact development strategies, such as cool
roofs, cool paving surfaces, permeable paving, and grassed
swales. The City has an interest in promoting the use of these
technologies because they reduce citywide reliance on the
traditional electrical grid and enhance energy resiliency into the
future.
The City has adopted several development regulations that
exceed CALGreen energy conservation requirements, such as
requiring buildings taller than 50 feet in the C-D zone to meet
minimum energy conservation requirements (see Development
Regulations Section 17.42.020). The City has also established
incentives in Development Regulations Section 17.50.060 that
allow higher maximum building heights for projects that exceed
Title 24 energy requirements by at least 30 percent.
The City CAP, adopted in 2012, is nearing its 2020 horizon year, opening the opportunity for continued
progress, goal setting, and potential additions to the development standards addressing energy
conservation. While the existing Zoning Regulations integrate CAP Implementation Measure 2.1 (see the
Zoning Implementation Comparison Table above), the City has an opportunity to increase the minimum
requirements and expand incentives to promote energy conservation. The City can achieve this by
adopting minimum energy conservation standards for each residential, office, commercial, and
industrial zone in Chapter 17.24. The City can also increase minimum energy efficiency requirements in
Section 17.42.020 from 15 percent to 20 or 25 percent. This will ensure that the community is prepared
to meet the challenges of 2020 and beyond.
While CAP Implementation Measures BLD 2.2 and BLD 2.3 are not directly related to the Zoning
Regulations, the City can address these measures by amending the Community Design Guidelines.
Section 6.1 of the existing Community Design Guidelines focuses on site planning and structure design to
reduce energy and other resource consumption. Section 6.7 builds upon Section 6.1 by laying out
guidelines for the location and orientation of solar energy facilities. The City can revise Chapter 6 of the
WHAT IS TITLE 24?
Title 24 of the California Code
of Regulations contains the
regulations that govern the
construction of buildings in
the state. The California
Green Building Standards
Code, or CALGreen, is Part 11
of Title 24. The CALGreen
code focuses on promoting
positive environmental
impacts and encouraging
sustainable construction
practices.
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Community Design Guidelines to cover additional types of energy-efficient installations, including wind
and alternative forms of solar installations such as solar roof tiles. The City can also amend Chapter 6 to
include a new section that provides guidelines and strategies for low-impact development, such as cool
roofs and cool paving surfaces.
RE 2: Renewable Energy Implementation. Incentivize renewable energy generation
in new and existing developments.
Renewable energy installations, such as solar panels and wind turbines, provide numerous benefits,
including reducing GHG emissions and dependence on fossil fuels, enhancing resiliency during natural
disasters such as heat waves or severe droughts, and reducing or eliminating energy bills. Despite these
long-term benefits, development standards often pose a barrier to renewable energy installations
because the standards may be unclear or overly cumbersome. Additionally, the upfront capital costs for
construction and installation can be a hindrance. To increase the use of renewable energy, the City can
require that new developments (i.e., residential, commercial, mixed-use, industrial) include renewable
energy systems at the outset of a project. This can directly benefit a new owner or tenant since they
would not be paying the total cost up front. Instead, the fee for renewable energy installation would be
bundled in either the rent or sale price of the property. To incentivize existing developments to install
renewable energy systems, the City could provide flexible development standards such as reduced
setbacks or increased lot coverage or building height.
The existing Zoning Regulations do not include incentives for renewable energy generation. To achieve
Implementation Measure RE 2.1 of the CAP, the City should revise Chapter 17.18: Performance
Standards to include incentives for new residential, office, commercial, and industrial projects that
include renewable energy generation. For example, the City of San Diego offers applicants the
opportunity to apply for expedited permit processing for solar installation, only if the solar installed
onsite provides a percentage of energy to the development, reducing its demand on the power grid.
Other communities such as Tucson waive permitting fees up to $1,000 for single installations and up to
$5,000 for large installations. The City can also adopt standards that require installation of renewable
energy systems in all new developments. This provision could apply to all residential, office, commercial,
and industrial zones in Chapter 17.24.
To implement measure RE 2.2 of the CAP, the City can perform a thorough review of regulations and
development standards to assess whether existing standards are creating barriers for renewable energy
installations. The City can consider increasing height limits for components of solar energy systems from
10 feet to 15 or 20 feet above the maximum building height in Section 17.16.040. Additionally, the City
can modify existing Zoning Regulations Section 17.16.020, which categorizes solar collectors as
“architectural features” with a maximum extension of 30 inches into a required setback (see Section
17.16.020). The City could modify this section to allow an extension into setbacks greater than 30 inches
for solar and wind turbine installations.
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TLU 2: Alternative Vehicles. Promote clean air vehicles (CAV), and expand the
network of electric car charging stations and car-sharing parking spaces.
The California Department of Motor Vehicles (DMV) has designated vehicles makes and models that
qualify as clean air vehicles (CAVs). The DMV identified these CAVs based on whether the vehicle was
either a certified pure zero emission vehicle (100 percent battery electric and hydrogen fuel cell), a
compressed natural gas (CNG) vehicle, or a transitional zero emission vehicle (TZEV). The existing Zoning
Regulations do not include requirements for new development to provide on-site parking for CAVs. The
City should amend the Zoning Regulations to require that all new development projects with 50 or more
parking spaces designate a minimum of eight percent of parking spaces for CAVs.
Similar to CAVs, electric and hybrid vehicles have numerous benefits for the environment and the
consumer, including increasing energy security, improving the fuel economy, and lowering fuel costs.
Electric vehicles also do not emit GHG, while hydrid vehicles emit a lower amount of GHG compared to
conventional fuel vehicles. The existing Zoning Regulations do not include requirements for new
development to provide parking spaces for electric vehicle charging stations. The City should also
require new developments with 50 or more parking spaces to provide a minimum of two percent of
parking spaces that are pre-wired for electric vehicle charging stations.
In addition to the environmental and economic advantages of CAVs and electric vehicles, the growing
popularity of car-sharing and ridesharing is providing an alternative to car-ownership altogether. The
rise of car-sharing through online platforms such as Zipcar, Car2Go, and Reachnow improve the
accessibly to car rental alternatives. Ridesharing apps such as Lyft and Uber further provide alternative
modes of transportation. These options enable more City residents to reduce or eliminate vehicle
ownership, reducing parking demand and traffic congestion.
Figure 1: Examples of designated spaces for car-sharing vehicles.
The existing Zoning Regulations do not address car-sharing services or ridesharing services. The City can
revise the parking standards to designate parking spaces for car-sharing vehicles, which encourages car-
sharing and provides flexibility to choose different transportation modes. The City can also ensure that
ridesharing vehicles that are dropping off and picking up passengers do not impede the overall flow of
traffic. Because the City has the greatest need for passenger loading zones for ridesharing services in
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downtown, the City can require large projects in the C-D zone to provide designated passenger loading
zones for ridesharing services (either curb-side or on site where space is available).
TLU 5: Land Use Diversity and Density. Encourage compact urban form and mixed-
use developments.
The City has an interest in promoting a compact urban form to reduce automobile trips, promote
walking and biking, cultivate economic activity, support a sense of community, and preserve open space
and agricultural land. The City has promoted infill projects by increasing residential densities along
heavily traveled corridors, near Cal Poly, and in Downtown, while maintaining existing development
standards for areas zoned low-density residential (R-1) to preserve neighborhood character. The Zoning
Regulations Section 17.16.060 incentivizes mixed-use development by reducing parking requirements by
up to 30 percent based on Director approval of an Administrative Use Permit. The City also established a
Mixed-Use (MU) Overlay Zone for areas that can be enhanced by additional housing and proximity to
services and jobs (see Development Regulations Chapter 17.55).
To implement measure RE 2.2 of the CAP, the City might consider applying the MU Overlay Zone to
parcels zoned High-Density Residential (R-4). Applying the MU Overlay Zone would provide flexibility to
dense housing projects in the R-4 zone, such as the ability to incorporate active uses on the ground
floor, including neighborhood retail and commercial uses. The City could further examine which areas
zoned R-4 would be the most appropriate to incorporate mixed use. The City could also revise Chapters
17.30: High-Density Residential (R-4) Zone and Chapter 17.42: Downtown-Commercial (C-D) Zone to
increase residential densities—or even eliminate density standards in the C-D zone, as discussed in the
Flexible Density white paper—and promote a compact urban form by allowing more dwelling units per
acre.
TLU 7: Shared Parking. Reduce Vehicle Miles Traveled (VMT) and associated GHG
emissions by further reducing parking requirements for land uses that share the same
parking lot.
Parking demands, like other transport demand patterns, operate on a peak and off-peak schedule
depending on related land use. Distinct but complementary patterns, such as “office parking” that is
generally empty in the evenings and on weekends and “residential parking” that is generally more
heavily used in the evenings, offer an opportunity for cities to better satisfy residents and commuters
without increasing supply. Shared parking is a land use/development strategy that optimizes parking
capacity by allowing complementary land uses to share spaces, rather than producing separate spaces
for separate uses.
The City is currently meeting Goal TLU 7 through existing regulations in Section 17.16.060 that allow for
two or more uses to share parking spaces and reduce their total parking requirement by up to 30
percent. The City could take this standard one step further by increasing the total percent reduction of
parking, which will further reduce the amount of land devoted to parking.
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Considerations for Updating the Zoning Regulations
The City is committed to addressing climate change to enhance sustainability, quality of life, and
economic prosperity into the future. The City can continue reducing GHG emissions by fulfilling the
commitments set forth in the CAP, which includes the following revisions to the Zoning Regulations:
▪Encourage and incentivize “green” building techniques in new development to promote energy
conservation by:
o Establishing minimum energy conservation standards to each residential, office,
commercial, and industrial zone in Chapters 17.24: Low-Density Residential (R-1) Zone to
17.49: Business Park (BP) Zone.
o Increasing minimum energy efficiency requirements in Section 17.42.020 from 15 percent to
20 or 25 percent.
o Revising Chapter 6 of the Community Design Guidelines to address additional types of
energy-efficient installations, including wind; and adding a new section to Chapter 6 that
guides low-impact development strategies, such as cool roofs and cool paving surfaces.
▪Incentivize renewable energy installations in new and existing developments by:
o Revising Chapter 17.18: Performance Standards of the Zoning Regulations to include
incentives for new residential, office, commercial, and industrial projects to include
renewable energy generation, or adopt separate sets of standards for each residential,
office, commercial, and industrial zone in Chapter 17.24.
o Increasing the height limit for components of solar energy systems from 10 feet to 15 or 20
feet above the maximum building height in Section 17.16.040.
o Amending Section 17.16.020, which defines solar collectors as “architectural features” with
a maximum extension of 30 inches into setbacks. Develop separate setback regulations for
renewable energy installations, including solar and wind turbines, and provides a greater
extension beyond 30 inches.
▪Promote the use of clear air vehicles (CAV) and expand the network of electric car charging
stations and designated ridesharing passenger loading zones by:
o Revising the parking standards to designate parking spaces for car-sharing vehicles.
o Requiring large projects in the C-D zone to designated passenger loading zones on major
roads specifically for ridesharing services.
▪Encourage compact urban form and supporting mixed-use development by:
o Identifying parcels zoned High-Density Residential (R-4) that are appropriate for the MU
Overlay Zone.
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o Revising Chapters 17.30: High-Density Residential (R-4) Zone and Chapter 17.42: Downtown-
Commercial (C-D) Zone to increase residential densities and promote a compact urban form
through increasing the height and maximum number of dwelling units per acre.
▪Continue to reduce VMT and associated GHG emissions through a reduction in parking
requirements for land uses that share the same parking lot by increasing the total percent
reduction of parking in Section 17.16.060 for two or more uses that share parking spaces.
Updating the Zoning Regulations with a focus on climate change mitigation and adaption will ensure the
City of San Luis Obispo is proactively developing a resilient community.
Attachment 3
PC4 - 79
Administrative Draft
Sources
American Planning Association: Integrating Solar Energy into Local Development Regulations, accessed
January 2018:
https://www.planning.org/research/solar/briefingpapers/localdevelopmentregulations.htm
California Air Resources Board, accessed January 2018:
https://www.arb.ca.gov/msprog/carpool/carpool.htm
Consultant for this White Paper
Mintier Harnish
1415 20th Street, Sacramento, CA 95814
(916) 955-0853
www.mintierharnish.com
Attachment 3
PC4 - 80