HomeMy WebLinkAboutItem #3 - GENP-0327-2017 (Zoning Regluations Update)City of San Luis Obispo, Council Agenda Report, Meeting Date, Item Number
Meeting Dates: June 13 and 14, 2018
Item Number: #3
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PLANNING COMMISSION AGENDA REPORT
SUBJECT: Review of the proposed comprehensive Update to the City’s Zoning Regulations (Title 17) of
the Municipal Code.
PROJECT ADDRESS: City-wide BY: Doug Davidson, Deputy Director
Phone Number: (805) 781-7177
E-mail:ddavidson@slocity.org
Laura Stetson, Consultant, (MIG, Inc.)
FILE NUMBER: GENP-0327-2017
RECOMMENDATION
Receive the staff report on the proposed updated Zoning Regulations, open the public hearing to receive
public input, close the public hearing, and proceed to Commission deliberation. On June 27, 2018 the
Planning Commission will provide its final recommendation on proposed amendments to the City Council.
SUMMARY
In 2014, the City adopted the new General Plan Land Use and Circulation Element (LUCE). The land use
component sets direction for “the orderly development of land within the City’s planning area” (Land Use
Element, p. 1-11), and the circulation component describes “how transportation will be provided in the
community envisioned by the Land Use Element” (Circulation Element, p. 2-9).
The Zoning Regulations (Title 17 of the Municipal Code) are the key tool used to implement land use
policy, as well as circulation policies related to parking management, transit, bicycling, and pedestrian
accommodation. Following adoption of the LUCE, Planning staff began the process of identifying which
land use policies would be most effectively implemented via changes to the Zoning Regulations. That
analysis identified the policies listed in Attachment 1; which also indicates how policies have been
addressed in the updated Zoning Regulations.
In February 2017, the City entered into a contract with MIG, Inc. to assist with the update effort. The MIG
team has supported Planning staff with public engagement activities and has worked in close coordination
with City staff to prepare the updated Zoning Regulations based on input from decision makers and the
community.
In addition to focusing on updating the Zoning Regulations to implement LUCE goals and policies, staff
has also taken this opportunity to update the Regulations to:
▪Address changes in State law
▪Resolve issues and concerns that City staff and the public have identified that hinder effective
implementation of the Zoning Regulations
▪Reorganize the Regulations to create a code structure that is easier to use
▪Update the Zoning standards to respond to the direction provided by the Council and Planning
Commission and that reflect modern, forward-thinking development practices
DD
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The staff report describes the community engagement process that has provided for the public and decision-
makers to identify and direct helpful changes, details the substantive revisions to the Zoning Regulations,
and identifies follow-up work tasks City staff will complete once this comprehensive update has been
adopted.
COMMUNITY ENGAGEMENT
The update program has included many opportunities for interested persons to share their thoughts about
how to implement LUCE policies through the Zoning Regulations and how to address other land use issues
of interest to the community. Outreach activities included:
▪ Stakeholder and resident interviews during February and March 2017 (more than 50 community
members in group and one-on-one sessions)
▪ Joint City Council/Planning Commission study session on April 12, 2017
▪ Two community workshops (June 3, 2017 and May 3, 2018)
▪ Information presented to the Planning Commission at regularly scheduled meetings (total of 15
work sessions)
▪ Bicycle Advisory Committee hearing on December 14, 2017
▪ City Council study session on April 10, 2018
▪ Airport Land Use Commission hearing on May 16, 2018
▪ Informal correspondence between the public and Planning staff via emails throughout the course
of the update program
From the engagement activities, City staff received many suggestions and endorsements of proposed
revisions that have been incorporated into the draft updated regulations. Examples include (and described
in greater detail in other sections of this staff report):
▪ Accommodating tiny homes on wheels in the backyards of R-1 properties
▪ Simplifying the regulation of land uses
▪ Encouraging mobility mode shift
▪ Promoting a broader array of home-based businesses and corner stores
▪ Addressing climate change initiatives
▪ Providing regulations to address neighborhood compatibility for infill development and edge
conditions
Copies of summary reports of the stakeholder interviews, study sessions, and workshops have been
provided previously to the Planning Commission and are available on the City’s website:
http://www.slocity.org/government/department-directory/community-development/planning-
zoning/zoning/zoning-regulations-update
ZONING REGULATIONS UPDATE
Key revisions made to the Zoning Regulations are as follows:
1) Restructured the document to improve ease of use
2) Land use tables simplified to consolidate similar uses (e.g., offices), reflect modern land use
practices, and create flexibility over time
3) Created more objective standards for the review of multi-unit residential development and mixed-
use developments (in response to recent State law)
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4) New development standards for the R-1 and R-2 zones to address neighborhood compatibility
concerns outlined in LUCE policies 2.12 and 2.13
5) Revised parking regulations for motor vehicles and bicycles to achieve the City’s 50 percent mode
shift objective and to provide more precise shared parking provisions
6) Codified conditions routinely applied to specific uses (e.g., alcohol establishments, bed and
breakfast establishments)
7) Clarified provisions for mixed-use developments and required usable and purposeful ground-floor
commercial space for mixed-use developments
8) On a target basis, included regulations to address the City’s current Climate Action Plan (CAP),
with the understanding that the CAP is being updated and subsequent follow-up will be required
(and that many CAP programs are implemented through avenues other than the Zoning
Regulations)
9) Responded to policy direction from the City Council at the April 10, 2018 study session regarding:
▪ how density is calculated
▪ regulation of rooftop uses
▪ adequacy of alcohol outlet regulations
▪ tiny homes on wheels
▪ consolidating and streamlining the development review process
▪ updating parking regulations
IMPLEMENTATION OF LUCE POLICIES
The table in Attachment 1 indicates how specific LUCE policies have been implemented in the Zoning
Regulations update and how other issues will subsequently be addressed. Details regarding particular
policy directives are provided in the discussions of other topic areas below.
REORGANIZATION OF THE ZONING REGULATIONS
The first step taken to update the Zoning Regulations was to develop an outline indicating how the
regulations would be restructured. Attachment 2 presents the new structure and generally indicates where
existing Zoning Regulation chapters and sections fit within the reorganized document. Cross references are
still being provided and will be completed for the June 27th meeting; areas where references have not been
addressed are highlighted in yellow. The structure responds to the flow of typical questions a property or
business owner asks:
1) How can I use my property in the zone in which it is located?
2) In which zone can I establish a particular use?
3) What are the development standards and use regulations for my proposed use?
4) What permits are required, and how do I get them?
The overall structure is as follows:
▪ Article 1: Enactment, Applicability, and Enforcement
▪ Article 2: Zones, Allowable Uses, and Development and Design Standards
▪ Article 3: Regulations and Standards Applicable to All Zones
▪ Article 4: Regulations for Specific Land Uses and Activities
▪ Article 5: Nonconformities
▪ Article 6: Permit Procedures
▪ Article 7: Administration of Zoning Regulations
▪ Article 8: Housing-Related Regulations
▪ Article 9: Definitions
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USE REGULATIONS
Tables 9 and 10 in the Zoning Regulations establish use regulations for all zones in the City, with Table 10
applicable only to the AOZ (Airport Overlay Zone). All land use types in Tables 9 and 10 are defined in
Article 9 of the updated Zoning Regulations. Key revisions to Table 9 have focused on:
▪ Consolidating office uses by collapsing seven office categories down to two
▪ Consolidating several categories of retail uses based on size into two categories: General Retail
and Large-scale Retail
▪ Ensuring flexibility of uses in industrial and commercial zones to accommodate emerging
markets and technologies
▪ Allowing for schools to be established in the O, C-C, and C-S zones with a Conditional Use
Permit
▪ Defining and allowing handicraft manufacturing in most commercial zones
▪ Allowing RV parks with a Conditional Use Permit in the C-T zone
▪ Allowing for select uses currently permitted with a use permit to by allowed via Director’s Action
provided they comply with codified performance standards in Article 4
Table 10 has been updated to use land use terms consistent with those in Table 9. No changes have been
made to the regulatory scheme regarding what types of land uses are permitted on properties impacted by
airport operations (noise impact zones, safety zones).
OBJECTIVE STANDARDS FOR REVIEW OF MULTI-UNIT RESIDENTIAL AND MIXED-USE
DEVELOPMENTS
In January 2018, several new State housing-related laws took effect, including laws aimed at reducing the
ability of local governments to deny housing and mixed-use projects (consisting of at least two-thirds
residential) that complied with objective zoning standards. In response, the City has augmented the
development standards to include better defined setback requirements, standards that address privacy
concerns, and scale issues adjacent to lower-density neighborhoods (see Chapters 17.20 and 17.22
regarding the R-3 and R-4 zones and Article 3, Edge Conditions). Mixed-use developments are required
to adhere to the Edge Conditions standards in Article 3.
The new Edge Conditions standards have been provided in response to LUCE Policy 2.13 (Attachment 1).
Example regulations include requiring the same setbacks as the R-1 zone where non-R-1 properties abut an
R-1 zone, restricting window and balcony placement facing R-1 zones, and locating trash collection areas
to minimize impacts to adjacent R-1 zones. Provisions have also been included to provide greater upper
story setbacks for structures that abut a creek setback, addressed in Article 3.
The City will still have the ability to use the Community Design Guidelines in its review of multi-unit and
mixed-use development applications, and to ensure such developments meet SLO’s high design standards.
However, State law limits the ability of staff, the Planning Commission, and the City Council to deny any
application that complies with the objective design standards in the Zoning Regulations.
NEW STANDARDS FOR NEIGHBORHOOD COMPATIBILITY
LUCE Policies 2.12 and 2.13 call for sensitive and compatible infill development in Low-Density and
Medium-Density (R-1 and R-2) residential areas. The updated Zoning Regulations use three approaches to
achieve neighborhood preservation goals: 1) limiting building height to 25 feet (compared to the current
allowance of up to 35 feet with an administrative use permit, 2) increased setbacks based on building height
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(a sliding scale, with the setback increasing with each incremental increase in building height), and 3) use
of a floor-area ratio (FAR) standard that limits the total square footage of building permitted on a lot. The
proposed FAR standard is 0.40, with up to 0.50 FAR permitted for single-story homes. Refer to Chapters
17.16 and 17.18.
CONDITIONS ROUTINELY APPLIED TO SPECIFIC USES
Currently, Chapter 17.08 (Uses Allowed in Several Zones) and Chapter 17.19 (Bed and Breakfast
Establishments) set forth regulations for specific land uses that require use permits. These regulations have
been consolidated in new Article 4 (Regulations for Specific Land Uses and Activities), updated to include
other standard conditions of approval, and augmented to address additional uses such as food trucks,
fraternities and sororities, and tiny homes on wheels (see discussion below).
MIXED-USE DEVELOPMENT REGULATIONS
Early in the process of updating the Zoning Regulations, the Planning Commission discussed the confusing
nature of the mixed-use regulations and how mixed use differed from live/work and work/live. The
Commission also discussed whether the Zoning Regulations should define a minimum percentage of floor
area in a mixed-use development project that should be dedicated to commercial use. This was stated as a
concern given that most commercial zones permit mixed-use development.
In response to these discussions and after conducting further analysis, Planning staff proposes to incorporate
live/work and work/live into a single definition of mixed-use development as follows: “A development that
combines both nonresidential and residential uses, where the residential component is typically located
above or behind the commercial.” Standards for all mixed-used development projects are proposed to be
contained in Article 3, in the Chapter titled Mixed-Use Development. The key standard is as follows
regarding the requirement for a commercial component in any mixed-use development project:
“Location of Units. In the C-D zone, residential units shall not occupy any ground floor space. In all
other zones, residential units shall not occupy ground floor space within the first 50 feet of floor area
measured from each building face adjacent to a street toward the rear of the building unless the review
authority finds that the project enhances the pedestrian environment in the surrounding area or w ill
perform a function or provide a service that is essential or beneficial to the community or City.”
Also, to minimize potential land use conflicts, the proposed standards include the following:
“Limitations on Use. The following uses and activities shall not be allowed within any mixed-use
development:
a. Major vehicle/equipment repair (e.g., body or mechanical work, including boats and
recreational vehicles, vehicle detailing and painting, upholstery, or any similar use);
b. Storage of flammable liquids or hazardous materials beyond that normally associated with a
residential use;
c. Manufacturing or industrial activities, including but not limited to welding, machining, or any
open flame work; or
d. Any other activity or use, as determined by the review authority, to be incompatible with
residential activities and/or to have the possibility of affecting the health or safety of mixed -
use development residents due to the potential for the use to create dust, glare, heat, noise,
noxious gases, odor, smoke, traffic, vibration, or other impacts, or would be hazardous because
of materials, processes, products, or wastes.”
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In Article 3, the updated regulations for mixed-use projects include extensive objective design criteria for
compatibility, pedestrian access and orientation, and privacy considerations.
IMPLEMENTING THE CLIMATE ACTION PLAN (CAP)
The adopted Climate Action Plan, or CAP, will be undergoing a substantive revision, and the policy
directives in the updated CAP will guide City action on greenhouse gas (GHG) reduction strategies in all
City regulatory documents. However, the current CAP includes several policy directives that can be
implemented now via the Zoning Regulations. The Planning Commission has reviewed a White Paper
outlining possible implementation strategies, and at the May 3 community workshop, participants suggested
additional strategies that might be addressed in the Zoning Regulations. It should be noted that the City is
already forward thinking in its climate adaption strategies and has adopted measures to reduce SLO’s
carbon footprint, such as requiring extensive tree canopy in parking lots (which reduces heat island effects
and improves carbon sequestration), requiring wiring for electric vehicle charging in garages in new
subdivisions, and requiring LEED Silver or equivalent development as an incentive in the C-D zone. Also,
the State is moving forward with climate change initiatives, such as requiring solar installations on new
development beginning in 2020, which will be applied to new developments.
New strategies in the updated Zoning Regulations include:
▪ As an incentive for increased height in the C-D zone and a community benefit for a PD overlay,
having a developer provide net-zero energy construction features
▪ As an incentive for increased height in the C-D zone and a community benefit for a PD overlay,
requiring a Transportation Demand Management (TDM) program that achieves a measurable
mode shift and that a covenant agreement is signed by the property owner for long-term
implementation
▪ Reducing the allowable pervious surface coverage in front yards of R-1 zones from 50 percent to
40 percent
▪ Allowing shared car services (e.g., ZipCar) spaces to be located in developments without
increased parking requirements
▪ Parking requirements for alternative clean fuel vehicles
▪ Requirements for showers, lockers and changing rooms for large developments
▪ Reducing car parking requirements and increasing bike parking
POLICY DIRECTION FROM CITY COUNCIL
During this update effort, City staff identified eight issues that required policy direction from the Council
as discussed with the Council at April 10, 2018 study session (at the meeting the Council provided direction
for two additional issues):
1) Evaluate how density is calculated and consider changes to implement LUCE objectives
2) Encourage flexible density in Downtown
3) Consider regulation of rooftop uses
4) Review adequacy of the City’s alcohol outlet regulations
5) Consider tiny homes on wheels
6) Remove barriers to the construction of accessory dwelling units (ADUs)
7) Consolidate and streamline the development review process
8) Update the parking regulations to reflect modern practices and mode shift objectives
9) Conditionally allow schools in more zones within Table 9
10) Explore land use regulations for micro business within residential districts
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Item 2 is discussed below under Planned Subsequent Zoning Regulations Amendments. Item 6 is not
addressed in this staff report, as no further direction was given by the Council for the Zoning Regulations
update. Item 9 has been addressed in Table 9 Allowed Uses Per Zone within Article 2. All other directional
items are discussed below;
Calculating Density
The LUCE contains policies to consider revising development standards to meet student housing
preferences in multiple-family zones near Cal Poly and to evaluate alternatives to the current maximum
densities allowed in residential zones1.
At the April 2018 Council study session, staff introduced the idea of revising the City’s bedroom density-
based approach to move towards establishing minimum density unit counts in multi-unit zones. The Council
agreed with the revised approach, which will allow at least two units (a unit being defined as one two-
bedroom unit) in a R-2 zone regardless of the lot size, and similar for R-3 and R-4 lots (a minimum of three
and four units, respectively.) This will correct the current situation where a R-2 property cannot reach the
same density as a R-1 property (a three-bedroom home may not be allowed on a small R-2 property, while
it is allowed by right in the R-1 zone).
At the study session, staff also proposed that the studio apartment dwelling definition be eliminated and
included in the one-bedroom definition. One-bedroom units under 600 sq. ft. would count as 0.50 density
unit (up from the current 450 sq. ft. for studios); one-bedroom units between 600 – 1,000 square feet would
continue to count as 0.66 density units. These revisions are incorporated into the updated Zoning
Regulations in Article 3.
Rooftop Uses
During public engagement activities, staff heard that many businesses/developers are interested in the City
continuing to allow rooftop activities, particularly in Downtown. Rooftop decks can provide amenities,
views, and improved quality of life. Rooftop activities can be relatively passive, such as outdoor casual
open space for residential development, or more intense, such as expanded commercial businesses
activities, particularly for bars and entertainment uses2. Public comments noted privacy and noise concerns
with rooftop decks in proximity to residential uses.
The Council agreed that rooftop uses are appropriate and desirable, as long as the code includes sufficient
controls to avoid potential impacts, including compliance with the Noise Ordinance. The regulations are
addressed in Article 3 and include performance standards, such for lighting, noise, and hours of operation.
Alcohol Outlet Regulations
At the April 10, 2018 study session, the Council agreed that the current regulations adequately address
concerns regarding alcohol outlets. To more fully implement Policy 4.323, Article 4 in the updated Zoning
1 LUE 2.15. Residential Densities. The City will evaluate alternatives to the current maximum number of dwelling
units per acre (based on bedroom count) and height, parking, and setback standards, to regulate residential building
intensity, and bulk and mass. Floor area limits will be considered.
2 LUE 4.17. New Buildings and Views. Downtown development nearby publicly-owned gathering places shall respect
views of the hills. In other locations Downtown, views will be provided parallel to the street right -of-way, at
intersections where building separation naturally makes more views available, and at upper -level viewing decks.
3 LUE 4.32 Use Permit Requirements. The City shall incorporate into its zoning regulations specific criteria for
evaluating use permits for bars/taverns, night clubs and late night drinking establishments.
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Regulations includes specific criteria for use permits by incorporating the late-night alcohol standard
conditions of approval (developed during the Alcohol Outlet Amendments process). These operational
standards include noise control, hours of operation, employee training, security, and compliance with the
proper ABC (Alcoholic Beverage Control) license.
Tiny Homes on Wheels
At the June 3, 2017 community workshop, tiny homes were presented as an emerging housing idea, both
as accessory dwelling units and as homes on wheels. Current ADU regulations allow smaller homes on
permanent foundations accessory to primary dwellings. Thus, tiny homes as ADUs are already addressed
via the ADU regulations.
Tiny homes on wheels are considered Recreational Vehicles (RV) according to the California Department
of Housing and Community Development (HCD) and are regulated as motor vehicles by the State
Department of Motor Vehicles. They are intended as temporary living quarters for recreational or seasonal
use only, and not as a year-round or permanent dwelling. The current Zoning Regulations limit the parking
of RVs in residential zones to a period no longer than seven days on private property and 72 hours within
the public right-of-way.
In response to community and Council interest in allowing tiny homes on wheels, staff has focused on how
existing regulations might be revised to accommodate tiny homes on wheels in backyards of single-family
homes (regardless of zone). The critical issues for tiny homes on wheels revolve around how to address
basic health and public safety considerations: sewage connections/disposal, electric power/natural gas
provision, and potable water. Another important factor to consider is that these units are not constructed in
a way that is intended to serve as permanent habitation.
The Council considered these issues at the study session and gave direction for the concerns to be addressed
in a manner that would allow tiny homes on wheels to be established in the back yards of R -1 lots.
Therefore, new regulations have been prepared and are included in Article 4 in the chapter addressing RVs
(since a tiny home on wheels by law is considered an RV) and largely address provision for safe and sanitary
utility connections. Tiny houses do not need a separate utility meter and may off-grid and not connected
to utility systems if the applicant can prove provisions of safe and sanitary conditions.
More Efficient Development Review Processes
A recurrent theme heard during the stakeholder interviews (and discussed at both Council study sessions)
was that the City’s permitting and appeal regulations can be confusing and repetitive. City staff proposes
to create more efficient administrative review provisions (that is, the processes for applicants to have their
applications considered and the interested public to weigh in). Staff proposes to consolidate the multitude
of current review processes into three processes for project review:
▪ Tier I – Administrative Review: An administrative (staff-level) process that includes a legal ad and
posting of the property, but no public hearing unless the Director determines it is warranted
(currently referred to as several different terms).
▪ Tier II – Director’s Action: Action at the Director level that includes a public notice and a hearing
conducted by the applicable advisory body or review authority. This would include, for example,
Development Review - Moderate, Minor Use Permits, Variances, and any development standard
exceptions as requiring a Director’s Hearing.
▪ Tier III – Planning Commission: A permit or project review requiring Planning Commission action
involving public notice and a hearing.
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A new application type has been introduced as Development Review (Minor, Moderate, or Major), which
will overlap and effectively replace the Architectural Review application. For any project that does not
require a use permit, the following thresholds generally will apply:
Tier I – Development Review Minor
a. Small residential development projects
b. Minor additions or alterations to existing structures
Tier II – Development Review Moderate
a. Residential developments with fewer than 10 units
b. Nonresidential development with less than 10,000 gross square feet of new construction
c. Hillside development
d. Projects involving a property included on the City’s Inventory of Historic Resources
Tier III – Development Review Major
a. Residential developments with 10 units or more
b. Nonresidential development with 10,000 gross square feet or more of new construction
c. All new development in the C-D zone
d. All projects requiring an EIR
Multiple applications for the same project will be processed concurrently and will be reviewed and acted
upon by the highest review authority designated by the Zoning Regulations for any of the applications. For
example, a project for which applications for Development Review-Moderate and a Conditional Use Permit
are filed shall have both applications decided by the Planning Commission, instead of the Director being
the final decision-making authority for the Development Review-Moderate application.
Also, this revised process allows the Architectural Review Commission (ARC) to focus on architecture and
design as contained in the Community Design Guidelines. The ARC (and Cultural Heritage Committee)
will continue to conduct public hearings and these hearings will be held shortly after the project is deemed
complete to involve applicants and the public earlier in the application review period. The decisions of the
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ARC will be forwarded in the form of a recommendation to the Planning Commission or Community
Development Director, depending upon the project tier. These process changes are anticipated to increase
review efficiency by reducing the number of multiple discretionary decisions for a single project.
The Community Design Guidelines (CDG) outline the three levels of architectural review: aesthetically
insignificant, minor and incidental architectural review, and ARC review. The CDG and Municipal Code
Chapter 2.48 (Architectural Review) will need to be updated to reflect process changes as discussed above
or other identified strategies to simplify and clarify the process.
The benefit of the LUCE is that it provides the parameters and land use policy direction for development
in the City. A streamlined process to implement the LUCE will enable the City to achieve its housing,
transportation, and other land use goals within a shorter time frame and less process confusion for
applicants, residents, and stakeholders.
Parking Regulations
LUCE policy calls for a gradual move toward reduced use of private cars and trucks in SLO, with a goal of
a 50 percent travel mode shift to biking, walking, and use of transit and other shared services. Also, the
CAP looks to substantially reduce greenhouse gas emissions. Encouraging and accommodating use of
electric vehicles are key means to help do so.
The updated Zoning Regulations can help achieve these goals by addressing parking for cars and bikes, and
by promoting pedestrian-scale environments. The City has long used this latter approach by requiring
pedestrian-friendly design in the Downtown, accommodating mixed-use development in most commercial
zones, and allowing neighborhood markets that residents can walk and bike to for daily shopping needs.
These land use accommodations are in the updated Zoning Regulations as well. Thus, efforts for this update
have focused on the parking regulations and crafting standards that: 1) generally reduce the amount of
parking required for new uses and development, 2) encourage shared parking arrangements, 3) require and
promote increased parking for bicycles, and 4) require facilities for electric vehicle parking/recharging.
As directed at April 10, 2018 Council study session, the parking requirements have been adjusted to be
more consistent with the Institute of Transportation Engineers (ITE) standards and rely on a project-specific
parking study for a parking reduction instead of the six possible scenarios under the current Zoning
Regulations for parking reductions. This will result in more specific information and better decision making
by determining the actual impacts of a parking reduction. These revised parking requirements will be more
optimally matched to project demand and the City’s mode shift goals.
The updated parking standards are contained in Article 3.
Home-Based Businesses and Neighborhood Commercial Uses
At the May 3, 2018 community workshop, a station was provided to introduce more intensive home-based
businesses in residential neighborhoods, as well as where neighborhood commercial uses are currently
allowed to provide increased walkability of residential areas (in response to Council direction from the
study session). These changes have been addressed in Article 4 under the Home Occupation regulations
and include relaxed provisions for customer visitation, employees, hours of operation, and recognition of
uses such as cottage food operation and personal services, intended to be compatible with residential
neighborhoods. Regulations have also been provided for the Commercial Neighborhood (C-N) zone to
restrict square-footage (Article 2) and provide for relaxed parking requirements for land uses included under
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Eating and Drinking Establishments and Food and Beverage Sales (Article 3); intended to allow for uses
similar to a neighborhood deli.
PARALLEL AMENDMENT TASKS
Three additional ordinance amendments are proposed in conjunction with updating the Zoning Regulations;
1) direct LUCE implementation of updating Ordinance 1130; 2) rezoning of Upper Monterey (from Santa
Rosa to Pepper Street) from C-R (Retail Commercial) to C-R-D (with a Downtown Overlay zone); and
rezone property on north Broad Street from R-1 to R-1-S (Special Considerations Overlay).
Ordinance 1130
LUCE program 8.3 calls for the City to “review and update Ordinance 1130 and involve residents to ensure
that neighborhood concerns are addressed.” Staff and the San Luis Drive neighborhood have been
discussing revisions to Ordinance 1130 since the beginning of the Zoning Regulations Update. The San
Luis Drive neighborhood group made a formal presentation of their proposed revisions to the Planning
Commission on January 19, 2018. City staff and the residents’ group met on May 30, 2018 to consider the
staff comments on the proposed revisions, which included the Planning Commission direction from January
10th. After making some minor amendments at this meeting, staff and the neighbors agreed to an updated
version of Ordinance 1130 of which a draft of is attached as Attachment 4. The revised Ordinance will be
brought back to the Planning Commission on June 27th for a final recommendation to the Council.
Upper Monterey Rezoning
The Planning Commission and City Council agreed with the concept of applying the Downtown
development standards to the Upper Monterey Street corridor (up to the railroad trestle at Pepper Street) to
facilitate development in the interim period while developing the full Upper Monterey Area Plan as called
for in LUCE Program 8.2.2 (the area along Monterey from Santa Rosa to Pepper Street is located in the
Downtown Core of the LUCE, while the Specific Planning Area for Upper Monterey extends all the way
to Loomis near the Highway 101 on-ramp). Applicants may choose to take advantage of the Downtown
development standards for more intensive development with approval from the Planning Commission that
the project is consistent with the expectations for downtown core development. A Zoning Map Amendment
to effectuate this change will be brought to the Planning Commission on June 27th for a recommendation
to the Council.
North Broad Street Rezoning
On September 23, 2015, as part of its action to approve a Minor Subdivision on appeal, the Planning
Commission initiated that a “S” Overlay be applied to property located at 159 Broad Street in the next
Zoning Regulations Update. The Council also endorsed making this change in their action to approve the
scope of work for the Zoning Regulations Update. The “S” Overlay zone will address creek protection,
protection of wildlife corridors (specifically shown to cross this property on the Conservation and Open
Space Element), grading, compatibility with surrounding neighborhood, and fire safety. A Zoning Map
Amendment to effectuate this change will be brought to the Planning Commission on June 27 th for a
recommendation to the Council.
PLANNED SUBSEQUENT ZONING REGULATIONS AMENDMENTS
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Planning staff has identified additional amendments to the Zoning Regulations that will be pursued
following this comprehensive update. The reasons for taking up these amendments as subsequent tasks are
explained below.
Downtown Density
During the process of preparing the comprehensive update, staff investigated the option for implementing
LUCE policy 4.28, which calls for allowing variable residential densities in Downtown as one means of
encouraging housing production. Staff proposed an approach that would eliminate any density standards
for units 600 square feet and smaller. The City Council expressed support of this approach for consideration
during the public hearing process. However, because the General Plan EIR did not address the potential
impacts associated with the possible level of housing production associated with this policy change, staff
has determined that more in-depth policy and CEQA investigation are required before moving forward with
this approach to Downtown residential densities.
Special Considerations (S) Overlay
The S-Overlay zone provides a means to protect unique, environmentally sensitive and/or neighborhood
conditions on properties citywide. Each S-Overlay is unique to site-specific conditions, which are
documented in the individual ordinances for each overlay. The current Zoning Regulations (Chapter 17.56)
provide limited guidance as to how to review projects subject to an overlay and do not indicate where S-
Overlays have been applied. The updated S-Overlay provisions (Article 2) somewhat remedy these
conditions by establishing required findings to protect the resources/conditions identified in each S -
Overlay. However, the updated provisions do not identify each S-Overlay area, nor does the existing
Zoning Map assign a unique S-Overlay identification number to each one. As a follow-up task, staff will
develop a consistent system for tracking the S-Overlays and identifying them on the Zoning Map.
Airport Overlay Zone
After adoption of the LUCE, the City Council approved Ordinance 1610 (2014 Series) establishing the
Airport Overlay Zone (AOZ) in response to LUCE Programs 17.16 and 17.17. The purpose of the AOZ is
to ensure that all land uses within the zone are consistent State and Federal laws and to ensure that land
uses within the AOZ are compatible with the existing and future airport operations.
City staff has been working with County ALUC (Airport Land Use Commission) staff to gain a consistency
finding from ALUC that implementation of the LUCE through the Zoning Regulations is consistent with
the Airport Land Use Plan (ALUP). On May 16, 2018, the ALUC continued the matter of consistency to
allow the County and City staff to identify any inconsistencies of the Zoning Regulations with the ALUP
regarding land uses, definitions, and noise policies. The matter was continued to June 26th where the entire
Zoning Regulations will be referred to ALUC, as well as the further discussion on the City’s AOZ. Staff
will be able to update the Planning Commission at the June 13th/14th meetings, as well as the meeting on
the 27th.
ENVIRONMENTAL REVIEW
On September 16, 2014, the City Council certified the Land Use and Circulation Element (LUCE) Final
Program Environmental Impact Report (EIR) (State Clearinghouse Number 2013121019) and adopted
findings and a statement of overriding considerations pursuant to the California Environmental Quality Act
(CEQA).
Packet Page 73
Zoning Regulations Update Planning Commission Hearings Page 13
The LUCE EIR is available for view online: http://www.slocity.org/government/department-
directory/community-development/planning-zoning/general-plan
The final Resolution, CEQA Findings, and Statement of Overriding Considerations is available for view
online: http://opengov.slocity.org/weblink/1/doc/26033/Page1.aspx
The LUCE EIR analyzed the environmental impacts of future changes that would reasonably occur with
implementation of the LUCE. In accordance with CEQA and the State CEQA Guidelines, preparation of
a Negative Declaration (ND) may occur if the City, as lead agency, finds that there is no evidence that the
Project would not have a significant effect on the environment. Such a determination can be made only if
“there is no substantial evidence, in light of the whole record before the lead agency, that such an effect
may occur (Section 21080 (c), Public Resources Code). State CEQA Guidelines Section 15152 (Tiering)
allows an EIR or ND to tier from the environmental analysis of an earlier EIR or ND as follows: “Tiering
refers to using the analysis of general matters contained in a broader EIR with later EIRs and negative
declarations on narrower projects; incorporating by reference the general discussions from the broader EIR;
and concentrating the later EIR or negative declaration solely on the issues specific to the later
project….Tiering is appropriate when the sequence of analysis is from an EIR prepared for a general plan,
policy or program to an EIR or negative declaration for another plan, policy, or program of lesser scope, or
to a site-specific EIR or negative declaration.”
Additionally, according to State CEQA Guidelines Section 15168(c) (Program EIR, Use with Later
Activities), a Program EIR can be used in compliance with CEQA to address the effects of a subsequent
activity so long as the activity is within the scope of the project covered by the Program EIR (such as the
LUCE EIR) and no new effects are found and no new mitigation measures would be required.
Pursuant to CEQA, the City prepared an Initial Study/Negative Declaration (IS/ND) to evaluate the
potential environmental effects of the proposed Zoning Regulations Update. This IS/ND addresses all
environmental issues listed in Appendix G of the State CEQA Guidelines. As the Zoning Regulations
Update is entirely consistent with the 2014 LUCE, the IS/ND tiers with and incorporates, by reference, the
City’s previously certified Program Environmental Impact Report [EIR] (September 2014) prepared for the
LUCE pursuant to State CEQA Guidelines Sections 15150 (Incorporation by Reference),15152 (Tiering),
and 15168 (Program EIR).
The Draft Zoning Regulations Update would make revisions, additions, corrections and clarifications to
various sections of the Zoning Regulations to ensure consistency with and successful implementation of
the LUCE, as described in this agenda report. Future land uses allowed pursuant to the Draft Zoning
Regulations would be subject to further entitlement review and project-specific use, development, and
design standards as required by the Zoning Regulations, as updated. Additionally, future land uses wou ld
be subject to review on a project-specific basis to determine compliance with CEQA. If necessary, project-
level CEQA review will be required to determine project-specific impacts. Evaluation of future project-
level impacts would be too speculative to include in the IS/ND; State CEQA Guidelines Section 15145
(Speculation) states that “If after thorough investigation, a Lead Agency finds that a particular impact is too
speculative for evaluation, the agency should note its conclusion and terminate discus sion of the impact”.
Based on the analysis provided within the Initial Study/Negative Declaration, the City has concluded that
adoption of the Draft Zoning Regulations Update would not result in new significant impacts on the
environment that have not been previously examined or adequately addressed in the LUCE EIR. No new
mitigation measures would be required, and mitigation measures that were adopted for the LUCE EIR
continue to remain applicable, as such measures were incorporated into the General Plan following City
Council’s adoption of the LUCE.
Packet Page 74
Zoning Regulations Update Planning Commission Hearings Page 14
Therefore, Staff recommends that the Planning Commission consider the IS/ND during their review of the
Draft Zoning Regulations Update, provide any additional comments for consideration and potential
incorporation into the IS/ND to be considered by the City Council, and provide a recommendation for
adoption of the IS/ND as proposed or amended for consideration by the City Council during their review
of the Draft Zoning Regulations Update. The IS/ND will be brought to the Planning Commission on June
27th during its public review period for a recommendation to the Council.
FISCAL IMPACT
As this proposal will result in the adoption of ordinances that do not commit any City funds nor result
directly in the construction of any development project or infrastructure improvement, no fiscal impact will
occur.
ATTACHMENTS
Attachment 1: LUCE Policies
Attachment 2: New Structure for the Zoning Regulations
Attachment 3: Revised Zoning Regulations - DRAFT
Attachment 4: Proposed Ordinance No. 1130 Amendments
Packet Page 75
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ATTACHMENT 1
Policy
Number
Policy Statement How Addressed in Updated
Zoning Regulations
2.10. Updating & Enforcing Standards
2.10.1. Enforcing Standards. The City shall review, revise if
deemed necessary, and actively enforce noise, parking,
and property development and property-maintenance
standards.
This relates largely to enforcement.
Enforcement provisions are
contained in Chapter 1.24 of the
SLO Municipal Code.
2.10.2. Property Maintenance Standards. The City shall
implement, and regularly review and update property-
maintenance regulations focused on proper enclosure of
trash, appearance of yards and buildings from the street,
and storage of vehicles.
Property maintenance standards
have been modified slightly to
address concerns.
2.11. Multifamily Preferences and Standards
2.11.1. Preferences. The City shall evaluate student housing
preferences and consider revising development standards
to better meet them in multifamily housing near campus.
Mixed use regulations have been
amended. No other changes
proposed at this time.
2.11.2. Multifamily Open Space and Storage Standards. The
City shall review, and revise, if deemed desirable, its
standards for multifamily housing so that apartments will
provide usable open space and storage similar to the
requirements for condominiums.
Open space standards for all multi-
unit developments have been
standardized.
2.12. Downtown Residential Development. The City shall
adopt special development standards to guide addition of
dwellings within Downtown residential areas to
implement Policy 2.8. The following should be included
when evaluating new standards for this area:
A. Requirements that new dwellings on lots with existing
houses be above or behind the existing houses, and that the
added building area be modestly sized and of similar
architecture in comparison with the principal residences on
the site and in the surrounding area;
B. Requiring new buildings to reflect the mass and spacing
of existing, nearby buildings;
C. Requiring special parking and coverage standards;
D. Requiring minimum amounts of usable open space.
A and B. New setback and other
standards have been established for
the R-1 and R-2 zones to address
compatibility concerns.
C. Parking regulations have been
revised to reduce auto parking
requirements generally and
encourage additional bike parking.
D. Standards included in Article 2.
2.13. Neighborhood Compatibility. The City will consider
new regulations, for Low-Density and Medium-Density
Residential areas, to require special review for (1)
incompatibly large houses, (2) replacement or infill homes
in existing neighborhoods, and (3) accessory buildings
with plumbing facilities allowing easy conversion to
illegal second dwellings. The City will periodically update
Community Design Guidelines for larger homes, infill
housing and accessory single-story buildings.
New setback and other standards
have been established for the R-1
and R-2 zones to address
compatibility concerns. Also, edge
condition standards have been
prepared to address transitions
between higher density and lower
density developments.
2.15. Residential Densities. The City will evaluate alternatives
to the current maximum number of dwelling units per acre
(based on bedroom count) and height, parking, and setback
standards, to regulate residential building intensity, and
bulk and mass. Floor area limits will be considered.
Alternatives have been evaluated
for Downtown, with direction to
have FAR dictate for developments
with units smaller than 600 sf.
Staff will implement this direction
as part of a subsequent amendment
Packet Page 76
Zoning Regulations Update Planning Commission Hearings Page 16
Policy
Number
Policy Statement How Addressed in Updated
Zoning Regulations
once appropriate CEQA review has
been completed.
2.16. Use of Downtown Parking by Residents. The City shall
evaluate the potential to use portions of City-owned
parking lots and structures for residents’ parking.
This issue will be addressed as part
of a subsequent study.
3.9. Zoning Regulations. The City shall amend its Zoning
Regulations to implement the changes included in the 2014
General Plan update program.
This update process and planned
follow-on amendments address this
policy.
3.10. Noise Control. Zoning Regulations and Community
Design Guidelines will include measures such as the
following to prevent unacceptable noise exposure for
residential areas or other noise-sensitive uses: location and
shielding of mechanical equipment; location of truck
loading, trash collection areas, and loudspeakers; noise
attenuation measures along property lines.
New standards have been included
to address mechanical equipment
noise along property lines location
of loading and trash collection
areas.
3.13. Zoning Update for Visitor Services Uses. The City shall
review zoning regulations to consider allowing visitor -
service uses in office zones adjacent to community
commercial zones in the Downtown and adjacent to
Monterey Street between Johnson and Santa Rosa.
Upper Monterey is proposed to be
rezoned C-D.
3.14. Zoning Update for Emerging Technologies. The City
will investigate emerging technologies and trends to
evaluate whether updates to zoning regulations are needed.
The use regulations have been
simplified to provide flexibility
over time.
4.28. Allowing Efficiency Units and Variable Density in
Downtown. The City shall modify zoning regulations to
allow efficiency units and variable density in the
Downtown Core.
Alternatives have been evaluated
for Downtown, with direction to
have FAR dictate for developments
with units smaller than 600 sf.
Staff will implement this direction
as part of a subsequent amendment
once appropriate CEQA review has
been completed.
4.32. Use Permit Requirements. The City shall incorporate
into its zoning regulations specific criteria for evaluating
use permits for bars/taverns, night clubs and late night
drinking establishments.
Standard condition and findings
have been included for such uses (in
Article 4).
7.16. Airport Overlay Zone. The City shall create an Airport
Overlay Zone to reflect the boundaries of the San Luis
Obispo County Regional Airport Land Use Plan within the
City limits. The purpose of the Airport Overlay Zone is to
codify airport compatibility criteria in areas for which the
City may override the Airport Land Use Commission
determination to ensure compliance with the requirements
of the California State Aeronautics Act (Cal. Pub. Utilities
Code, Section 21670, et. seq.) which establishes statewide
requirements for airport land use compatibility planning,
guidance from the California Airport Land Use Planning
Handbook, which is published by the California
Department of Transportation Division of Aeronautics to
support and amplify the State Aeronautics Act
requirements, and other related federal and state
requirements relating to airport land use compatibility
planning. Implementation of the compatibility policies
will be accomplished through the Zoning Code.
This zone and accompanying
regulation are now in the Zoning
Regulations.
Packet Page 77
Zoning Regulations Update Planning Commission Hearings Page 17
Policy
Number
Policy Statement How Addressed in Updated
Zoning Regulations
7.17. Airport Land Use and Zoning Code. The City shall
update its Zoning Regulations to address allowable uses
and development standards for areas in which the City may
override a determination of inconsistency. Zoning
regulations shall be consistent with the requirements of the
State Aeronautics Act, use guidance from the Caltrans
Airport Land Use Planning Handbook and comply with
related state and federal requirements relating to airport
land use compatibility. These development standards will
include, but not limited to, intensity and density
limitations, identification of prohibited uses, infill
development, height limitations, obstructions, and other
hazards to flight, noise insulation requirements, buyer
awareness measures, nonconforming uses and
reconstruction and the process for airport compatibility
criteria reviews by the City consistent these development
standards.
The City is working with the
County to address consistency
requirements.
7.18. Review of Local General Plan and implementing
Development Standards. Unless previously referred and
acted upon by the City, review of General and Specific
Plans and Amendments, Zoning ordinance or
amendments, or Building code changes within the San
Luis Obispo County Regional Airport Land Use Plan
boundary (Figure 9) shall include referral to the Airport
Land Use Commission as specified in Section 21676(b) of
the Public Utilities Code for a determination of
consistency with the San Luis Obispo County Airport
Land Use Plan.
Per State law, this provision is in
the regulations.
12.1. Zoning Regulations. Zoning Regulations consist of the
zoning map, lists of uses allowed in certain zones,
property-development standards such as maximum
building height and minimum parking, and procedures
intended to give the interests of development applicants
and other citizens fair consideration.
The updated Zoning Regulations
achieve all of these policy
directives.
Packet Page 78
October 23, 2017
TO: Doug Davidson, Deputy Director of Community Development, Development Review
Kyle Bell, Associate Planner
City of San Luis Obispo
FROM: MIG Consultant Team
RE: Final Updated Zoning Regulations Outline
Below we present the draft outline for the reorganization of Title 17 (Zoning Regulations) of the San Luis
Obispo Municipal Code. This builds on the August 4, 2017 outline memo by incorporating revisions from
the public and Planning Commission at the September 13, 2017 Planning Commission study session ,
plus staff’s comments from September 14, 2017.
As we noted previously, this outline serves as a guide to the reorganization . Once we have reorganized,
we will use track changes to show amendments to regulations.
Article 1: Enactment, Applicability, and Enforcement
New (and Notes) Existing (and Notes)
CHAPTER 17.02. PURPOSE AND APPLICABILITY OF THE ZONING REGULATIONS
17.020.010 – Title 17.020.010 – Title
17.020.020 – Purpose and Authority 17.020.020 – Purpose
17.020.030 – General Requirements 17.020.030 – General Requirements
17.020.040– Relationship to Prior Ordinances and
Other Codes
New and 17.020.050 – General Plan
Consistency – Regulations Interpretation and
Application
17.02.060 – Relationship to California
Environmental Quality Act
Explains how processes are affected by CEQA
review.
New
17.02.070 – Relationship to Design Guidelines New
17.02.080 – Relationship to Specific Plans New
17.02.090 – Prior Rights and Violations New
17.02.100 – Severability, Partial Invalidation of the
Zoning Regulations
New
CHAPTER 17.04. INTERPRETATION OF THE ZONING REGULATIONS
17.04.010 – Rules of Interpretation 17.020.040 - Interpretations
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Article 1: Enactment, Applicability, and Enforcement
New (and Notes) Existing (and Notes)
17.04.020 – Procedures for Interpretation 17.020.040 - Interpretations
17.04.030 – Uses Not Classified
This provides greater clarity on how the Director
deals with unclassified uses and formalizes a
process for recording interpretations.
New
17.04.050 – Text Takes Precedence over Graphics New
CHAPTER 17.06. ZONES ESTABLISHED AND ZONING MAP
17.06.010 – Purpose New
17.06.020 – Designation of Zones 17.060.010 – Designation of Zones
17.06.030 – Official Zoning Map 17.06.020 – Areas within the City to Be
Designated within a Zone District – Zoning Map
to be Part of these Regulations
17.06.040 – Uncertainty of Boundaries New
17.06.050 – Classification of Annexed Lands and
Unclassified Property 17.70.050 – Annexation and Prezoning
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Article 2: Zones, Allowable Uses, and Development and Design Standards
New (and Notes) Existing (and Notes)
CHAPTER 17.10. USE REGULATIONS
17.10.010 – Use Regulations
This section will include current Table 9 (which may
have a new number).
Will include provisions for prohibited uses in current
17.22, elsewhere in the Zoning Regulations, and as
directed by City staff
Regarding the current Table 9 notes, we will look to
relocate the notes to the chapters addressing
specific zones and we will include a cross reference
in the “Specific Use Regulations” in Table 9.
17.22 Use Regulation (Table 9 and introductory
text)
17.08.070 – Mineral Extraction
Chapter 17.92: Onshore Support Facilities
CHAPTER 17.12. AGRICULTURAL (AG) ZONE
17.12.010 – Purpose and Application 17.33.010 – Purpose and Application
17.12.020 – Development Standards 17.33.020 – Property Development Standards
CHAPTER 17.14. CONSERVATION/OPEN SPACE (C/OS) ZONE
17.14.010 – Purpose and Application 17.32.010 – Purpose and Application
17.14.020 – Development Standards 17.32.020 – Property Development Standards
CHAPTER 17.16. LOW-DENSITY RESIDENTIAL (R-1) ZONE
17.16.010 – Purpose and Application 17.24.010 – Purpose and Application
17.16.020 – Development Standards 17.24.020 – Property Development Standards
CHAPTER 17.18. MEDIUM-DENSITY RESIDENTIAL (R-2) ZONE
17.18.010 – Purpose and Application 17.26.010 – Purpose and Application
17.18.020 – Development Standards 17.26.020 – Property Development Standards
CHAPTER 17.20. MEDIUM-HIGH DENSITY RESIDENTIAL (R-3) ZONE
17.20.010 – Purpose and Application 17.28.010 – Purpose and Application
17.20.020 – Development Standards 17.28.020 – Property Development Standards
CHAPTER 17.22. HIGH-DENSITY RESIDENTIAL (R-4) ZONE
17.22.010 – Purpose and Application 17.30.010 – Purpose and Application
17.22.020 – Development Standards 17.30.020 – Property Development Standards
CHAPTER 17.24. OFFICE (O) ZONE
17.24.010 – Purpose and Application 17.34.010 – Purpose and Application
17.24.020 – Development Standards 17.34.020 – Property Development Standards
CHAPTER 17.26. COMMERCIAL-NEIGHBORHOOD (C-N) ZONE
17.26.010 – Purpose and Application 17.38.010 – Purpose and Application
17.26.020 – Development Standards 17.38.020 – Property Development Standards
CHAPTER 17.28. COMMERCIAL-RETAIL (C-R) ZONE
17.28.010 – Purpose and Application 17.40.010 – Purpose and Application
17.28.020 – Development Standards 17.40.020 – Property Development Standards
CHAPTER 17.30. COMMERCIAL-COMMUNITY (C-C) ZONE
17.30.010 – Purpose and Application 17.41.010 – Purpose and Application
17.30.020 – Development Standards 17.41.020 – Property Development Standards
CHAPTER 17.32. COMMERCIAL-DOWNTOWN (C-D) ZONE
17.32.010 – Purpose and Application 17.42.010 – Purpose and Application
17.32.020 – Development Standards 17.42.020 – Property Development Standards
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Article 2: Zones, Allowable Uses, and Development and Design Standards
New (and Notes) Existing (and Notes)
CHAPTER 17.34. COMMERCIAL-TOURIST (C-T) ZONE
17.34.010 – Purpose and Application 17.44.010 – Purpose and Application
17.34.020 – Development Standards 17.44.020 – Property Development Standards
CHAPTER 17.36. COMMERCIAL-SERVICE (C-S) ZONE
17.36.010 – Purpose and Application 17.46.010 – Purpose and Application
17.36.020 – Development Standards 17.46.020 – Property Development Standards
CHAPTER 17.40. MANUFACTURING (M) ZONE
17.40.010 – Purpose and Application 17.48.010 – Purpose and Application
17.40.020 – Development Standards 17.48.020 – Property Development Standards
CHAPTER 17.42. BUSINESS PARK (BP) ZONE
17.42.010 – Purpose and Application 17.49.010 – Purpose and Application
17.42.020 – Development Standards 17.49.020 – Property Development Standards
CHAPTER 17.46. PUBLIC FACILITY (PF) ZONE
17.46.010 – Purpose and Application 17.36.010 – Purpose and Application
17.46.020 – Development Standards 17.36.020 – Property Development Standards
17.46.030 – Public School Tenant Uses 17.36.030 – Public School Tenant Uses
CHAPTER 17.52. PLANNED DEVELOPMENT (PD) OVERLAY ZONE
17.52.010 – Purpose and Application 17.50.010 – Purpose
17.50.020 – Application and Procedure
17.52.020 – Allowed Uses
17.52.030 - Development standards
17.52.040 – Phasing 17.62.070 – Phasing
17.52.050 – Preliminary Development Plan
Required
17.62.010 – Preliminary Development Plan
17.52.060 - Mandatory Project Features
17.52.070 – Process for Approval 17.62.020 – Actions of the Planning Commission
17.62.030 – Actions of the Council
17.62.040 – Required Findings
17.62.045 – Decision and Findings
17.52.080 – Final Development Plan 17.62.060 – Final Development Plan
17.62.050 – Requirement for Development Plan
17.52.090 – Amendment to Final Development Plan 17.62.080 – Amendment of Final Development
Plan
17.52.100 – Revocation of PD Zoning 17.62.090 – Revocation of PD Zoning
CHAPTER 17.54. SPECIFIC PLAN (SP) OVERLAY ZONE
17.54.010 – Purpose and Application 17.52.010 – Purpose and Application
17.54.020 – Allowed Uses 17.52.020 – Allowed Uses
17.54.030 – Development Standards 17.52.030 – Development Standards
CHAPTER 17.56. SPECIAL FOCUS AREA (S-F) OVERLAY ZONE
17.56.010 – Purpose and Application 17.53.010 – Purpose and Application
17.56.020 – Allowed Uses 17.53.020 – Allowed Uses and Development
Standards
17.56.030 - Development Standards 17.53.020 – Allowed Uses and Development
Standards
17.56.040 – Subsequent Amendments 17.53.030 – Subsequent Amendments
CHAPTER 17.58. HISTORICAL PRESERVATION (H) OVERLAY ZONE
17.58.010 – Purpose and Application 17.54.010 – Purpose and Application
17.58.020 – Allowed Uses 17.54.020 – Allowed Uses
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Article 2: Zones, Allowable Uses, and Development and Design Standards
New (and Notes) Existing (and Notes)
17.56.030 – Development Standards 17.54.030 – Development Standards
CHAPTER 17.60. MIXED USE (MU) OVERLAY ZONE
17.60.010 – Purpose 17.55.010 – Purpose
17.60.020 – Application and Procedure 17.55.020 – Application and Procedure
17.60.030 – Development and Design Standards
We propose to consolidate the MU provisions
throughout Title 17 into this chapter to make them
easier to use. Also, provisions beyond the current
regulations will be included to address LUCE policy
and to reflect elimination of the current live/work and
work/live provisions.
17.55.030 – Development Standards
17.60.040 – Design Considerations
17.60.050 – Performance Standards
17.60.060 – Requirements for Use Permit Projects
CHAPTER 17.62. SPECIAL CONSIDERATION (S) OVERLAY ZONE
17.62.010 – Purpose and Application 17.56.010 – Purpose and Application
17.62.020 – Allowed Uses 17.56.020 – Allowed Uses
17.62.030 – Development Standards 17.56.030 – Development Standards
17.62.040 – Waiver of Use Permit Requirement with
Subdivision Map
17.56.040 – Waiver of Use Permit Requirement
with Subdivision Map
CHAPTER 17.64. AIRPORT (AOZ) OVERLAY ZONE
17.64.010 – Purpose 17.57.010 – Purpose and Intent
17.64.020 – Applicability 17.57.020 – Applicability
17.57.050 – Airport Overlay Zone
17.64.030 – Allowed Uses 17.57.040 – Development Standards and Uses
and Table 10
17.64.040 – Development Standards 17.57.040 – Development Standards and Uses
17.64.050 – Procedures for Establishing Uses within
the AOZ
17.57.030 – Procedures
17.64.060 – Airspace Protection 17.57.060 – Airspace Protection
17.64.070 – Noise Compatibility Standards 17.57.070 – Noise
17.64.080 – Overflight Notice 17.57.080 – Overflight Notice
17.64.090 – Designated Clear Areas 17.57.090 – Open Land
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Article 3: Regulations and Standards Applicable to All Zones
New (and Notes) Existing (and Notes)
CHAPTER 17.XX. SITE DEVELOPMENT AND GENERAL DEVELOPMENT STANDARDS
▪ Permitted Projections into Required Setback
Areas
▪ Vision Clearance Triangle at Intersections
▪ Height Measurement and Exceptions
Regarding the remaining provisions below: Each will
be a separate chapter. W e have not listed the
detailed regulations for each topic.
New
17.16.020.D – What May Occupy Yards
17.16.020.E.2.f – Intersection Visibility
17.16.040 Height
Applicability of Other Provisions in the Zoning
Regulations
17.17.020 - Applicability of Other Provisions
17.16.005 - Applicability of Other Provisions
Accessory Dwelling Units 17.21.010 - Accessory Dwelling Units
Accessory Structures in Residential Zones 17.21.030 – Accessory Structures
17.21.020 – Guest Quarters
Building Setback Lines Chapter 17.74: Building Setback Lines (Plan
Line)
Coverage 17.16.030 – Coverage
Creek Setbacks 17.16.025 – Creek Setbacks
Density 17.16.010 – Density
Fences, Walls, and Hedges 17.16.050 – Fences, Walls, and Hedges=
Flood Damage Prevention Chapter 17.84: Flood Damage Prevention
Regulations
Mixed-Use Development 17.08.072 – Mixed Use Projects
B. Mix of Uses
C. Maximum Density
D. Site Layout and Project Design Standards
17.087.072.A – Mixed Use Projects: Design
Considerations
17.087.072.E – Mixed Use Projects:
Performance Standards
17.087.072.F – Mixed Use Projects:
Requirements for Use Permit Projects
Night Sky Preservation Chapter 17.23: Night Sky Preservation
Outdoor Sales and Storage 17.16.090 – Screening of Outdoor Sales and
Storage
Chapter XX: Parking and Loading
Parking and Loading 17.16.060 – Parking Space Requirements and
Table 6
17.16.070 – Parking and Driveway Design and
Exceptions
Performance Standards
A. Applicability
B. Air Contaminants
C. Discharges to Water or Public Sewer
System
Chapter 17.18: Performance Standards
New: Applicability (same as 17.18.090 – General
and Special Conditions), Hazardous Materials,
Cold
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Article 3: Regulations and Standards Applicable to All Zones
New (and Notes) Existing (and Notes)
D. Energy Conservation
E. Hazardous Materials
F. Heat and Cold
G. Illumination
H. Noise
I. Solid Waste
J. Vibration
Property Maintenance Standards Chapter 17.17: Property Maintenance Standards
Public Art Requirements for Private Development
Definitions could be kept in this section or moved to
Definitions chapter.
Chapter 17.98: Public Art Requirements for
Private Development
Setbacks 17.16.020 – Yards (except D. and E.2.f)
Street Right-of-Way Dedication and Improvement Chapter 17.76: Street Right-of-Way Dedication
and Improvement
Water-Efficient Landscape Standards
We recommend keeping these definitions specific to
this chapter here rather than place them in the
Definitions chapter.
Chapter 17.87: Water Efficient Landscape
Standards
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Article 4: Regulations for Specific Land Uses and Activities
New (and Notes) Existing (and Notes)
Accessory Dwelling Units 17.21.010 – Accessory Dwelling Units
Adult Entertainment Businesses
We recommend keeping these definitions specific to
this chapter here rather than place them in the
Definitions chapter.
Chapter 17.95: Adult Entertainment Businesses
Alcoholic Beverage Sales - Deemed Approved
Regulations
17.11: Deemed Approved Alcoholic Beverage
Sales Regulations
Alcoholic Beverages and Motor Fuel – Concurrent
Sales
17.08.040 - Concurrent Sales of Motor Fuel and
Alcoholic Beverages
Animal Boarding/Kennels (Outdoor) New
Bed and Breakfast Establishments Chapter 17.19: Bed and Breakfast
Establishments
Convenience Stores 17.08.095 – Convenience Stores
Day Care – Large Family (Seven to 14 children) 17.08.100 – Child and Adult Day Care
Day Care – Small Family (Eight or fewer children) 17.08.100 – Child and Adult Day Care
Day Care Centers – Adult and Children 17.08.100 – Child and Adult Day Care
Food Trucks New
Electronic Game Amusement Centers 17.08.060 – Electronic Game Amusement
Centers
Home Occupations 17.08.090 – Home Occupation
Homeless Shelters 17.08.110 – Homeless Shelters
Homestay Rentals 17.08.140 – Homestay Rentals
Outdoor Sales on Commercial and Residential Lots 17.08.020 - Outdoor Sales on Commercial and
Residential Lots
Pools and Pool Equipment - Location 17.08.120 – Location of Pool and Pool
Equipment
Public Utilities 17.08.080 – Public Utilities
Recreational Vehicle Parking 17.16.015 – Recreational Vehicle as Dwelling
Unit
17.08.010.C.4
Refer to 17.17.040D.7
Recycling Collection Facilities New
Safe Parking 17.08.115 – Safe Parking
Satellite Dish Antenna 17.16.110 – Satellite Dish Antenna
Service Stations 17.08.030 – Service Stations
Temporary and Intermittent Uses 17.08.010 – Temporary and Intermittent Uses
Vending Machines 17.08.050 – Vending Machines
Wireless Telecommunications Facilities 17.16.120 – Wireless Telecommunications
Facilities
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Article 5: Nonconformities
New (and Notes) Existing (and Notes)
CHAPTER XX: NONCONFORMING STRUCTURES
Intent 17.14.010 - Intent
Regulations 17.14.020 – Regulations
17.16.035 – Size limits on large-scale retail
establishments
CHAPTER XX: NONCONFORMING USES
Intent 17.10.010 - Intent
Regulations 17.10.020 - Regulations
CHAPTER XX: NONCONFORMING LOTS
Intent 17.12.010 - Intent
Regulations 17.12.020 - Regulations
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Article 6: Permit Procedures
New (and Notes) Existing (and Notes)
CHAPTER XX: GENERAL PROVISIONS
Purpose and Intent New
Discretionary Permits and Action
This will include a chart showing the various permits
and responsible review/hearing bodies.
New
Exemptions from Permit Requirements New
Additional Permits May Be Required New
Burden of Proof and Precedence New
CHAPTER XX: PERMIT APPLICATION FILING AND PROCESSING
Purpose
This new chapter consolidates common provisions
from each of the chapters that address how to file
applications and how staff goes about reviewing
applications before sending them to the responsible
review/acting authority.
New
Authority for Land Use and Zoning Decisions New
Multiple Permit Applications New
Application Preparation and Filing 17.58.020 – Application Form
Application Fees Chapter 17.68: Fees
Applicant Indemnification New
Initial Application Review New
Project Evaluation and Staff Reports New
Environmental Review New
Reapplication for Denied Permit Application Chapter 17.64: Repeat Applications
Inactive Applications Chapter 17.65: Inactive Applications
CHAPTER XX: ADMINISTRATIVE AND PLANNING COMMISSION USE PERMITS
Purpose and Intent 17.58.010 – Purpose and Intent
Procedure – Administrative Use Permit 17.58.030 - Procedures
Procedure – Planning Commission Use Permit 17.58.030 - Procedures
Conditions of Approval 17.58.050 – Conditions of Approval
Criteria for Approval 17.58.060 – Criteria for Approval
Required Findings 17.58.040 - Findings
Requirement for and Compliance with Use Permits 17.58.070 - Requirement for and Compliance
with Use Permits
Modification of Use Permit New
Permit to Run with the Land New – This states State law.
CHAPTER XX: REASONABLE ACCOMMODATION
Purpose and Intent 17.61.010 – Purpose and Intent
Requests for Reasonable Accommodation 17.61.040 - Requests for Reasonable
Accommodation
Application Requirements 17.61.050 – Application Requirements
Review Authority 17.61.030 – Review Authority
Conditions of Approval 17.61.080 – Conditions of Approval
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Article 6: Permit Procedures
New (and Notes) Existing (and Notes)
Required Findings 17.61.060 - Required Findings
Occupancy Requirement 17.61.070 – Performance Standard
Modification of Use Permit New
Permit to Run with the Land New – This states State law.
Appeals 17.61.090 Appeals
CHAPTER XX: VARIANCES
Purpose and Intent 17.60.010 – Purpose and Intent
17.60.020 – Scope
Procedure 17.60.030 - Procedure
Burden of Proof New
Required Findings 17.60.040 - Findings
Expiration 17.60.050 - Expiration
Modification of Use Permit New
Permit to Run with the Land
This states State law.
New
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Article 7: Administration of Zoning Regulations
New (and Notes) Existing (and Notes)
CHAPTER XX: ADMINISTRATIVE RESPONSIBILITY
Purpose
This is a new chapter that sets forth the
responsibilities of the review authorities.
New
Community Development Director
Planning Commission
Architectural Review Commission Cross reference to Chapter 2.48
City Council
CHAPTER XX: AMENDMENTS - ZONING REGULATIONS AND ZONING MAP
Scope 17.70.010 – Scope
Authority to Initiate an Amendment 17.70.020 – Initiation
Processing, Notice, and Hearings 17.70.030 – Planning Commission Action
17.70.040 – Council Action
CHAPTER XX: GENERAL PLAN AMENDMENTS
Purpose 17.80.010 – Title
17.80.020 – Amendments to be made in manner
provided in this chapter
17.80.030 – Purpose
Authority to Initiate an Amendment 17.80.040 – Initiation of Amendments -
Applications
Schedule for and Coordination of Amendments 17.80.050 – Schedule for Amendments
17.80.080 – Coordination of Amendments
Processing, Notice, and Hearings 17.80.060 – Planning Commission Action
17.80.070 – Council Action
CHAPTER XX: APPEALS
Standing to Appeal 17.66.010 – Standing to Appeal
Time to File Appeal 17.66.020 – Time Limits
Content of Appeal Filing 17.66.040 – Content of Appeals
Course of Appeals 17.66.030 – Course of Appeals
Hearings and Notice 17.66.050 – Hearings and Notice
CHAPTER XX: PUBLIC NOTICES AND HEARINGS
Purpose
This chapter consolidates all similar requirements
throughout Title 17 regulating how hearings are
noticed, scheduled, and conducted.
Notice of Hearing
Scheduling of Hearing
Hearing Procedure
Recommendation by Planning Commission
Recommendation by Architectural Review
Commission
New
Cross reference to Chapter 2.48.
Coordination of Multiple Appeals on Single
Application
This is the new process we have discussed to bring
forward to the City Council, as one packet, appeals
New
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Article 7: Administration of Zoning Regulations
New (and Notes) Existing (and Notes)
on PC action and ARC action.
Effective Date of Decision
CHAPTER XX: DEVELOPMENT AGREEMENTS
Purpose and Scope 17.94.010 Purpose and Scope
Authority 17.94.020 Authority
Initiation of Hearings 17.94.030 Initiation of Hearings
Applications—Legal Interest 17.94.040 Applications—Legal Interest
Fees 17.94.050 Fees
Preapplication Review 17.94.060 Preapplication Review
Application—Contents 17.94.070 Application—Contents
Public Notice 17.94.080 Public Notice
Failure to Receive Notice 17.94.090 Failure to Receive Notice
Planning Commission Hearing and
Recommendation
17.94.100 Planning Commission Hearing and
Recommendation
City Council Hearing 17.94.110 City Council Hearing
City Council Action 17.94.120 City Council Action
Development Agreement—Contents 17.94.130 Development Agreement—Contents
Development Agreement—Adoption by Ordinance—
Execution of Contract
17.94.140 Development Agreement—Adoption
by Ordinance—Execution of Contract
Recordation of Executed Agreement 17.94.150 Recordation of Executed Agreement
Ordinance, Regulations, and Requirements
Applicable to Development
17.94.160 Ordinances, Regulations and
Requirements Applicable to Development
Subsequently Enacted State and Federal Laws 17.94.170 Subsequently Enacted State and
Federal Laws
Enforcement—Continuing Validity 17.94.180 Enforcement—Continuing Validity
Amendment—Time Extension—Cancellation 17.94.190 Amendment—Time Extension—
Cancellation
Review for Compliance—Director’s Authority 17.94.200 Review for Compliance—Director’s
Authority
Violation of Agreement—Council Review and Action 17.94.210 Violation of Agreement—Council
Review and Action
Modification or Termination for Violations 17.94.220 Modification or Termination for
Violations
Consequences of Termination 17.94.230 Consequences of Termination
Irregularity of Proceedings 17.94.240 Irregularity in Proceedings
Coordination of Approvals 17.94.250 Coordination of Approvals
CHAPTER XX: ENFORCEMENT
17.02.120 - Enforcement Chapter 17.72: Enforcement
Additional New
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Article 8: Housing-Related Regulations
New (and Notes) Existing (and Notes)
CHAPTER XX: INCLUSIONARY HOUSING REQUIREMENTS
Purpose 17.91.010 - Purpose
Definitions 17.91.020 - Definitions
Applicability and Exclusions 17.91.030 - Applicability and Exclusions
General Standards 17.91.040 - General Standards
Procedures 17.91.050 - Procedures
In-lieu Housing Fee 17.91.060 - In-lieu Housing Fee
Affordable Housing Fund Established 17.91.070 - Affordable Housing Fund
Established
Real Property Dedication 17.91.080 - Real Property Dedication
Incentives 17.91.090 - Incentives
Project Application 17.91.100 - Project Application
Conditions of Approval 17.91.110 - Conditions of Development
Approval
Program Requirements 17.91.120 - Program Requirements
Eligibility Screening 17.91.130 - Eligibility Screening
Affordability Restrictions 17.91.140 - Affordability Restrictions
Shared Equity Purchase Program 17.91.150 - Shared Equity Purchase Program
Early Resale of Shared Equity Properties 17.91.151 - Early Resale of Shared Equity
Properties
Management and Monitoring 17.91.160 - Management and Monitoring
Enforcement and Appeals 17.91.170 - Enforcement and Appeals
Severability 17.91.180 - Severability
CHAPTER XX: AFFORDABLE HOUSING INCENTIVES
Purpose
These may require minor adjustments to conform to
recent changes in State law.
17.90.010 – Purpose
Definitions
We recommend keeping these definitions specific to
this chapter here rather than place them in the
Definitions chapter.
17.90.020 - Definitions
Application Process 17.90.030 - Application Process
Standard Incentives for Housing Projects 17.90.040 - Standard Incentives for Housing
Projects
Standard Incentives for Conversion of Apartments to
Condominium Projects
17.90.050 - Standard Incentives for Conversion
of Apartments to Condominium Projects
Alternative or Additional Incentives 17.90.060 - Alternative or Additional Incentives
Relationship to Other City Procedures 17.90.070 - Relationship to Other City
Procedures
Agreements for Affordable Housing 17.90.080 - Agreements for Affordable Housing
Fees
Because this fee provision is very specific to this
process, we recommend keeping it here instead of
with the more generic fee provisions.
17.90.090 – Fees
Affordability Standards 17.90.100 - Affordability Standards
Occupant Qualifications 17.90.110 - Occupant Screening
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Article 8: Housing-Related Regulations
New (and Notes) Existing (and Notes)
CHAPTER XX: DOWNTOWN HOUSING CONVERSION REGULATIONS
Purpose and Intent 17.86.010 - Purpose and Intent
Area of Applicability 17.86.020 - Area of Application
Definitions
We recommend keeping these definitions specific to
this chapter here rather than place them in the
Definitions chapter.
17.86.030 – Definitions
Land Uses Affected 17.86.040 - Land Uses Affected
No Net Housing Loss 17.86.050 - No Net Housing Loss
Exceptions 17.86.060 - Exceptions
Public Hearing Required 17.86.090 – Public Hearing—Notification
Conditions of Approval 17.86.080 – Conditions of Approval
Required Findings 17.86.070 – Findings Required
CHAPTER XX: RESIDENTIAL GROWTH M ANAGEMENT REGULATIONS
Purpose and Justification 17.88.010 - Purpose and Justification
Allocations 17.88.020 - Allocations
Periodic City Council Review and Consideration of
Revisions
17.88.030 - Periodic City Council Review and
Consideration of Revisions
Interim Urgency Regulations Chapter 17.20: Residential Occupancy
Standards
This section may be adjusted to ensure
compliance with federal fair housing laws. Other
regulations address the concern via regulating
the types of housing allowed in each zone,
building code limits on occupancy, parking
regulations for larger units, and requirements for
what constitutes a bedroom.
17.70.060 – Other Requirements
This section may be removed since it just states
Government Code requirements for urgency
ordinances and other provisions.
Chapter 17.93: High-Occupancy Residential
Use Regulations
This section may be adjusted to ensure
compliance with federal fair housing laws.
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Article 9: Definitions
New (and Notes) Existing (and Notes)
CHAPTER XX: DEFINITIONS
A
Adult Business definitions will be kept in the Adult
Business provisions.
A
B B
C C
D D
E E
F F
17.84.020 Definitions (Floodplain Management
Regulations)
G G
H H
I I
J J
K K
L
A new section will be provided to group all Land Use
related (uses listed in Table 9) definitions.
L
M M
N N
O O
P P
17.989.020 Definitions (Public Art)
Q Q
R
R
17.61.020 Definitions (for Reasonable
Accommodation)
S S
T T
U U
V V
W W
X X
Y Y
Z Z
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Chapters/Sections Deleted and Why
Chapter or Section Reason for Deletion
17.08.130 – Live/Work and Work/Live Units Incorporated into Mixed Use Overlay regulations
17.16.100 – Utility Services Previously deleted by Ord. No. 1287
Chapter 17.82: Residential Condominium
Development and Conversions
Previously deleted by Ord. No. 1490
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TITLE 17
ZONING REGULATIONS
CITY OF SAN LUIS OBISPO
PLANNING COMMISSION PUBLIC HEARING DRAFT
JUNE 2018
TRACKED CHANGES VERSION
Prepared by:
537 S. Raymond Avenue
Pasadena, CA 91105
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CITY OF SAN LUIS OBISPO ZONING REGULATIONS – TABLE OF CONTENTS
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TABLE OF CONTENTS
ARTICLE 1: ENACTMENT, APPLICABILITY, AND ENFORCEMENT
CHAPTER 17.02. PURPOSE AND APPLICABILITY OF THE ZONING REGULATIONS ........................................ 1-1
17.02.010 – Title ......................................................................................................................................................... 1-1
17.02.020 – Purpose and Authority ............................................................................................................................. 1-1
17.02.030 – General Requirements ............................................................................................................................ 1-1
17.02.040 – Relationship to Prior Ordinances and Other Codes ................................................................................ 1-1
17.02.050 – General Relationship to Other Regulations ............................................................................................. 1-1
17.02.060 – Relationship to California Environmental Quality Act .............................................................................. 1-1
17.02.070 – Relationship to Design Guidelines .......................................................................................................... 1-2
17.02.080 – Relationship to Specific Plans ................................................................................................................. 1-2
17.02.090 – Prior Rights and Violations ...................................................................................................................... 1-2
17.02.100 – Severability, Partial Invalidation of the Zoning Regulations..................................................................... 1-2
CHAPTER 17.04. INTERPRETATION OF THE ZONING REGULATIONS ............................................................... 1-3
17.04.010 – Rules of Interpretation ............................................................................................................................. 1-3
17.04.020 – Procedures for Interpretation .................................................................................................................. 1-4
17.04.030 – Uses Not Classified ................................................................................................................................. 1-4
17.04.040 – Text Takes Precedence Over Graphics .................................................................................................. 1-5
CHAPTER 17.06. ZONES ESTABLISHED AND ZONING MAP ................................................................................ 1-6
17.06.010 – Purpose ................................................................................................................................................... 1-6
17.06.020 – Designation of Zones .............................................................................................................................. 1-6
17.06.030 – Official Zoning Map ................................................................................................................................. 1-7
17.06.040 – Uncertainty of Boundaries ....................................................................................................................... 1-7
17.06.050 – Classification of Annexed Lands and Unclassified Property ................................................................... 1-7
ARTICLE 2: ZONES, ALLOWABLE USES, AND DEVELOPMENT AND DESIGN STANDARDS
CHAPTER 17.10. USE REGULATIONS .................................................................................................................... 2-1
17.10.010 – Purpose and Application ......................................................................................................................... 2-1
17.10.020 – Use Regulations By Zone ....................................................................................................................... 2-1
CHAPTER 17.12. AGRICULTURAL (AG) ZONE ....................................................................................................... 2-4
17.12.010 – Purpose and Application ......................................................................................................................... 2-4
17.12.020 – Development Standards .......................................................................................................................... 2-4
CHAPTER 17.14. CONSERVATION/OPEN SPACE (C/OS) ZONE .......................................................................... 2-5
17.14.010 – Purpose and Application ......................................................................................................................... 2-5
17.14.020 – Development Standards .......................................................................................................................... 2-5
CHAPTER 17.16. LOW-DENSITY RESIDENTIAL (R-1) ZONE ................................................................................. 2-6
17.16.010 – Purpose and Application ......................................................................................................................... 2-6
17.16.020 – Development Standards .......................................................................................................................... 2-6
17.16.030 – Additional Standards ............................................................................................................................... 2-7
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CHAPTER 17.18. MEDIUM-DENSITY RESIDENTIAL (R-2) ZONE ........................................................................... 2-8
17.18.010 – Purpose and Application ......................................................................................................................... 2-8
17.18.020 – Development Standards .......................................................................................................................... 2-8
17.18.030 – Additional Regulations ............................................................................................................................ 2-9
CHAPTER 17.20. MEDIUM-HIGH DENSITY RESIDENTIAL (R-3) ZONE ............................................................... 2-10
17.20.010 – Purpose and Application ....................................................................................................................... 2-10
17.20.020 – Development Standards ........................................................................................................................ 2-10
CHAPTER 17.22. HIGH-DENSITY RESIDENTIAL (R-4) ZONE .............................................................................. 2-11
17.22.010 – Purpose and Application ....................................................................................................................... 2-11
17.22.020 – Development Standards ........................................................................................................................ 2-11
CHAPTER 17.24. OFFICE (O) ZONE ...................................................................................................................... 2-13
17.24.010 – Purpose and Application ....................................................................................................................... 2-13
17.24.020 – Development Standards ........................................................................................................................ 2-13
CHAPTER 17.26. NEIGHBORHOOD COMMERCIAL (C-N) ZONE ........................................................................ 2-15
17.26.010 – Purpose and Application ....................................................................................................................... 2-15
17.26.020 – Development Standards ........................................................................................................................ 2-15
17.26.030 – Additional Regulations .......................................................................................................................... 2-16
CHAPTER 17.28. COMMUNITY COMMERCIAL (C-C) ZONE ................................................................................ 2-17
17.28.010 – Purpose and Application ....................................................................................................................... 2-17
17.28.020 – Development Standards ........................................................................................................................ 2-17
CHAPTER 17.30. RETAIL COMMERCIAL (C-R) ZONE ......................................................................................... 2-18
17.30.010 – Purpose and Application ....................................................................................................................... 2-18
17.30.020 – Development Standards ........................................................................................................................ 2-18
17.30.030 – Additional Regulations .......................................................................................................................... 2-18
CHAPTER 17.32. DOWNTOWN COMMERCIAL (C-D) ZONE ................................................................................ 2-20
17.32.010 – Purpose and Application ....................................................................................................................... 2-20
17.32.020 – Development Standards ........................................................................................................................ 2-20
17.32.030 – Additional Regulations ......................................................................................................................... 2-21
CHAPTER 17.34. TOURIST COMMERCIAL (C-T) ZONE ....................................................................................... 2-26
17.34.010 – Purpose and Application ....................................................................................................................... 2-26
17.34.020 – Development Standards ........................................................................................................................ 2-26
17.34.030 – Additional Regulations .......................................................................................................................... 2-26
CHAPTER 17.36. SERVICE COMMERCIAL (C-S) ZONE ....................................................................................... 2-27
17.36.010 – Purpose and Application ....................................................................................................................... 2-27
17.36.020 – Development Standards ........................................................................................................................ 2-27
17.36.030 – Additional Regulations for Specific Uses in the C-S Zone .................................................................... 2-27
CHAPTER 17.38. RESERVED ................................................................................................................................. 2-29
CHAPTER 17.40. MANUFACTURING (M) ZONE .................................................................................................... 2-30
17.40.010 – Purpose and Application ....................................................................................................................... 2-30
17.40.020 – Development Standards ........................................................................................................................ 2-30
17.40.030 – Additional Regulations .......................................................................................................................... 2-30
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CHAPTER 17.42. BUSINESS PARK (BP) ZONE .................................................................................................... 2-31
17.42.010 – Purpose and Application ....................................................................................................................... 2-31
17.42.020 – Development Standards ........................................................................................................................ 2-31
17.42.030 – Additional Regulations .......................................................................................................................... 2-31
CHAPTER 17.44. RESERVED ................................................................................................................................. 2-32
CHAPTER 17.46. PUBLIC FACILITY (PF) ZONE ................................................................................................... 2-33
17.46.010 – Purpose and Application ....................................................................................................................... 2-33
17.46.020 – Development Standards ........................................................................................................................ 2-33
17.46.030 – Additional Regulations .......................................................................................................................... 2-33
CHAPTER 17.48. PLANNED DEVELOPMENT (PD) OVERLAY ZONE .................................................................. 2-34
17.48.010 – Purpose and Application ....................................................................................................................... 2-34
17.48.020 – Allowed Uses ........................................................................................................................................ 2-34
17.48.030 – Development Standards ........................................................................................................................ 2-34
17.48.040 – Phasing ................................................................................................................................................. 2-35
17.48.050 – Preliminary Development Plan Required .............................................................................................. 2-35
17.48.060 – Mandatory Project Features .................................................................................................................. 2-36
17.48.070 – Process for Approval ............................................................................................................................. 2-36
17.48.080 – Final Development Plan ........................................................................................................................ 2-37
17.48.090 – Amendment to Final Development Plan ................................................................................................ 2-38
17.48.100 – Revocation of PD Zoning ...................................................................................................................... 2-38
CHAPTER 17.50. SPECIFIC PLAN (SP) OVERLAY ZONE .................................................................................... 2-39
17.50.010 – Purpose and Application ....................................................................................................................... 2-39
17.50.020 – Allowed Uses and Development Standards .......................................................................................... 2-39
17.50.030 – Additional Regulations. ......................................................................................................................... 2-39
CHAPTER 17.52. SPECIAL FOCUS AREA (S-F) OVERLAY ZONE ...................................................................... 2-40
17.52.010 – Purpose and Application ....................................................................................................................... 2-40
17.52.020 – Allowed Uses ........................................................................................................................................ 2-40
17.52.030 – Development Standards ........................................................................................................................ 2-40
CHAPTER 17.54. Downtown (D) OVERLAY ZONE ............................................................................................... 2-41
17.54.010 – Purpose and Application ....................................................................................................................... 2-41
17.54.020 – Allowed Uses and Development Standards .......................................................................................... 2-41
17.54.030 – Required Findings ................................................................................................................................. 2-41
CHAPTER 17.56. HISTORICAL PRESERVATION (H) OVERLAY ZONE .............................................................. 2-42
17.56.010 – Purpose and Application ....................................................................................................................... 2-42
17.56.020 – Allowed Uses ........................................................................................................................................ 2-42
17.56.030 – Development Standards ........................................................................................................................ 2-42
17.56.040 – Review Procedures ............................................................................................................................... 2-42
CHAPTER 17.58. MIXED USE (MU) OVERLAY ZONE ........................................................................................... 2-43
17.58.010 – Purpose ................................................................................................................................................. 2-43
17.58.020 – Allowed Uses ........................................................................................................................................ 2-43
17.58.030 – Development and Design Standards ..................................................................................................... 2-43
17.58.040 – Additional Regulations .......................................................................................................................... 2-43
CHAPTER 17.60. SPECIAL CONSIDERATION (S) OVERLAY ZONE ................................................................... 2-44
17.60.010 – Purpose and Application ....................................................................................................................... 2-44
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17.60.020 – Allowed Uses ........................................................................................................................................ 2-44
17.60.030 – Development Standards ........................................................................................................................ 2-44
17.60.040 – Required Findings ................................................................................................................................. 2-44
CHAPTER 17.64. AIRPORT OVERLAY (AO) ZONE .............................................................................................. 2-47
17.64.010 – Purpose ................................................................................................................................................. 2-47
17.64.020 – Applicability ........................................................................................................................................... 2-47
17.64.030 – Allowed Uses ........................................................................................................................................ 2-48
17.64.050 – Procedures for Establishing Uses within the AO Overlay Zone ............................................................ 2-50
17.64.060 – Airspace Protection ............................................................................................................................... 2-50
17.64.070 – Noise Compatibility Standards .............................................................................................................. 2-51
17.64.080 – Overflight Notice .................................................................................................................................... 2-52
17.64.090 – Designated Clear Areas/Open Land ..................................................................................................... 2-52
ARTICLE 3: REGULATIONS AND STANDARDS APPLICABLE TO ALL ZONES
CHAPTER 17.70. SITE DEVELOPMENT AND GENERAL DEVELOPMENT STANDARDS .................................... 3-1
17.70.010 – Accessory Structures ............................................................................................................................. 3-1
17.70.020 – Process Requirements. ........................................................................................................................... 3-2
17.70.030 – Creek Setbacks ....................................................................................................................................... 3-2
17.70.040 – Density .................................................................................................................................................... 3-6
17.70.050 – Edge Conditions ...................................................................................................................................... 3-8
17.70.060 – FAR Measurement and Exceptions....................................................................................................... 3-10
17.70.070 – Fences, Walls, and Hedges .................................................................................................................. 3-11
17.70.080 – Height Measurement and Exceptions ................................................................................................... 3-14
17.70.090 – Hillside Development Standards ........................................................................................................... 3-16
17.70.100 – Lighting and Sky Preservation. ............................................................................................................. 3-19
17.70.110 – Lot Area................................................................................................................................................. 3-23
17.70.120 – Lot Coverage ......................................................................................................................................... 3-24
17.70.130 – Mixed Use Development ....................................................................................................................... 3-25
17.70.140 – Public Art Requirements for Private Development ................................................................................ 3-28
17.70.150 – Rooftop Uses ........................................................................................................................................ 3-32
17.70.160 – Satellite Dish Antenna ........................................................................................................................... 3-32
17.70.170 – Setbacks ............................................................................................................................................... 3-34
17.70.180 – Showers, Lockers, and Changing Rooms ............................................................................................. 3-39
17.70.190 – Pools and Pool Equipment – Location .................................................................................................. 3-40
17.70.200 – Trash Enclosure Standards ................................................................................................................... 3-40
17.70.200 – Vision Clearance Triangle at Intersections ............................................................................................ 3-42
17.70.210 – Water-Efficient Landscape Standards ................................................................................................... 3-43
CHAPTER 17.72. Parking and Loading ................................................................................................................. 3-46
17.72.010 – Purpose and Application ....................................................................................................................... 3-46
17.72.020 – General Provisions. ............................................................................................................................... 3-46
17.72.030 – Required Parking Spaces ..................................................................................................................... 3-47
17.72.040 – Parking for Alternative Clean Fuel Vehicles. ......................................................................................... 3-49
17.72.050 – Parking Reductions. .............................................................................................................................. 3-50
17.72.060 – Nonconforming Parking. ........................................................................................................................ 3-51
17.72.070 – Bicycle Parking Standards. ................................................................................................................... 3-52
17.72.080 – Motorcycle Parking Standards. ............................................................................................................. 3-55
17.72.090 – Parking and Driveway Design and Development Standards. ................................................................ 3-55
17.72.100 – On-Site Loading Standards. .................................................................................................................. 3-57
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CHAPTER 17.74. Performance Standards ............................................................................................................ 3-59
17.74.010 – Purpose and Application ....................................................................................................................... 3-59
17.74.020 – General Standard and Special Conditions ............................................................................................ 3-59
17.74.030 – Air Contaminants ................................................................................................................................... 3-59
17.74.040 – Discharges to Water or Public Sewer System ....................................................................................... 3-59
17.74.050 – Energy Conservation ............................................................................................................................. 3-60
17.74.060 – Hazardous Materials ............................................................................................................................. 3-60
17.74.070 – Heat and Humidity ................................................................................................................................. 3-60
17.74.080 – Light and Glare ...................................................................................................................................... 3-60
17.74.090 – Noise ..................................................................................................................................................... 3-60
17.74.100 – Solid Waste ........................................................................................................................................... 3-60
17.74.110 – Vibration ................................................................................................................................................ 3-60
CHAPTER 17.76. Property Maintenance Standards ............................................................................................ 3-61
17.76.010 – Purpose ................................................................................................................................................. 3-61
17.76.020 – General Requirements .......................................................................................................................... 3-61
17.76.030 – Front Yard Paving ................................................................................................................................. 3-61
17.76.040 – Front Yard Parking ................................................................................................................................ 3-61
17.76.050 – Fences, Walls, and Hedges .................................................................................................................. 3-64
17.76.060 – Neighborhood Preservation .................................................................................................................. 3-64
17.76.070 – Prohibited Acts ...................................................................................................................................... 3-66
17.76.080 – Private Cause of Action ......................................................................................................................... 3-66
17.76.090 – Rooftop Uses ........................................................................................................................................ 3-66
17.76.100 – Screening .............................................................................................................................................. 3-67
CHAPTER 17.78. FLOOD DAMAGE PREVENTION ............................................................................................... 3-69
17.78.010 – Statutory Authorization, Findings of Fact, Purpose, and Methods ........................................................ 3-69
17.78.020 – Definitions ............................................................................................................................................. 3-70
17.78.030 – General Provisions ................................................................................................................................ 3-70
17.78.040 – Administration ....................................................................................................................................... 3-71
17.78.050 – Provisions for Flood Hazard Reduction ................................................................................................. 3-74
17.78.060 – Variance Procedure .............................................................................................................................. 3-79
CHAPTER 17.80. STREET REGULATIONS ............................................................................................................ 3-82
17.80.010 – Building Setback Lines for Master Plan of Streets ................................................................................ 3-82
17.80.020 – Street Right-of-Way Dedication and Improvement ................................................................................ 3-85
ARTICLE 4: REGULATIONS FOR SPECIFIC LAND USES AND ACTIVITIES
CHAPTER 17.86. REGULATIONS FOR SPECIFIC LAND USES AND ACTIVITIES................................................ 4-1
17.86.010 – Purpose and Applicability ........................................................................................................................ 4-1
17.86.020 – Accessory Dwelling Units and Guest Quarters ....................................................................................... 4-1
17.86.030 – Adult Entertainment Businesses ............................................................................................................. 4-5
17.86.040 – Alcoholic Beverage Sales - Deemed Approved Regulations and Standards ........................................ 4-10
17.86.050 – Alcoholic Beverage Sales – Bar, Live Entertainment, Late Night Service ............................................. 4-14
17.86.060 – Alcoholic Beverages and Motor Fuel – Concurrent Sales ..................................................................... 4-16
17.86.070 – Bed and Breakfast Establishments ....................................................................................................... 4-17
17.86.080 – Commercial Recreation – Small Scale in C-S Zone .............................................................................. 4-18
17.86.090 – Convenience Stores .............................................................................................................................. 4-19
17.86.100 – Electronic Game Amusement Centers .................................................................................................. 4-20
17.86.110 – Day Care ............................................................................................................................................... 4-21
17.86.120 – Food Trucks (Mobile Food Vendors) ..................................................................................................... 4-22
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17.86.130 – Fraternities and Sororities ..................................................................................................................... 4-23
17.86.140 – Home Occupations ................................................................................................................................ 4-24
17.86.150 – Homeless Shelters ................................................................................................................................ 4-26
17.86.160 – Homestay Rentals ................................................................................................................................. 4-26
17.86.170 – Household Pets Boarding and Kennels – Outdoor Areas ..................................................................... 4-28
17.86.180 – Manufacturing ....................................................................................................................................... 4-28
17.86.190 – Outdoor Sales on Commercial and Residential Lots ............................................................................. 4-28
17.86.200 – Parking as a Principal Use .................................................................................................................... 4-30
17.86.210 – Recreational Vehicles: Use as Dwelling; Parked on a Private Lot ........................................................ 4-30
17.86.220 – Recycling Facilities ................................................................................................................................ 4-32
17.86.230 – Safe Parking .......................................................................................................................................... 4-33
17.86.240 – Schools ................................................................................................................................................. 4-36
17.86.250 – Service/Fueling Stations ....................................................................................................................... 4-38
17.86.260 – Temporary and Intermittent Uses .......................................................................................................... 4-39
17.86.270 – Utilities Facilities .................................................................................................................................... 4-40
17.86.280 – Vending Machines ................................................................................................................................. 4-40
17.86.290 – Wireless Telecommunications Facilities ................................................................................................ 4-40
ARTICLE 5: NONCONFORMITIES
CHAPTER 17.92. NONCONFORMING STRUCTURES ............................................................................................ 5-1
17.92.010 – Intent ....................................................................................................................................................... 5-1
17.92.020 – Limits on Reconstruction – Exceptions ................................................................................................... 5-1
17.92.030 – Large-scale Retail Establishments .......................................................................................................... 5-2
CHAPTER 17.94. NONCONFORMING USES ........................................................................................................... 5-3
17.94.010 – Definition and Intent ................................................................................................................................ 5-3
17.94.020 – Regulations ............................................................................................................................................. 5-3
17.94.030 – Nonconforming Parking ........................................................................................................................... 5-3
CHAPTER 17.96. NONCONFORMING LOTS ........................................................................................................... 5-4
17.96.010 – Intent ....................................................................................................................................................... 5-4
17.96.020 – Regulations ............................................................................................................................................. 5-4
ARTICLE 6: PERMIT PROCEDURES
CHAPTER 17.102. GENERAL PROVISIONS ............................................................................................................ 6-1
17.102.010 – Purpose and Intent ................................................................................................................................ 6-1
17.102.020 – Discretionary Actions and Permits ........................................................................................................ 6-1
17.102.030 – Additional Permits May Be Required ..................................................................................................... 6-7
17.102.040 – Burden of Proof and Precedence .......................................................................................................... 6-8
CHAPTER 17.104. PERMIT APPLICATION FILING AND PROCESSING ................................................................ 6-8
17.104.010 – Purpose and Authority for Land Use and Planning Decisions ............................................................... 6-8
17.104.020 – Application Preparation and Filing......................................................................................................... 6-9
17.104.030 – Application Fees .................................................................................................................................... 6-9
17.104.040 – Applicant Indemnification ...................................................................................................................... 6-9
17.104.050 – Initial Application Review ...................................................................................................................... 6-9
17.104.060 – Inactive Applications ........................................................................................................................... 6-10
17.104.070 – Expiration ............................................................................................................................................ 6-10
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CHAPTER 17.106. DEVELOPMENT REVIEW ........................................................................................................ 6-12
17.106.010 – Purpose and Intent .............................................................................................................................. 6-12
17.106.020 – Applicability ......................................................................................................................................... 6-12
17.106.030 – Levels of Development Review ........................................................................................................... 6-12
17.106.040 – Recommendations from Advisory Bodies ........................................................................................... 6-14
17.106.050 – Application Review .............................................................................................................................. 6-14
17.106.060 – Conditions of Approval ........................................................................................................................ 6-15
CHAPTER 17.108. DIRECTOR’S ACTION .............................................................................................................. 6-16
17.108.010 – Purpose and Intent .............................................................................................................................. 6-16
17.108.020 – Applicability ......................................................................................................................................... 6-16
17.108.030 – Application Filing, Processing, and Review ......................................................................................... 6-17
17.108.040 – Required Findings ............................................................................................................................... 6-18
17.108.050 – Conditions of Approval ........................................................................................................................ 6-18
CHAPTER 17.110. MINOR USE PERMITS AND CONDITIONAL USE PERMITS .................................................. 6-19
17.110.010 – Purpose and Intent .............................................................................................................................. 6-19
17.110.020 – Application Requirements ................................................................................................................... 6-19
17.110.030 – Procedure – Minor Use Permit ............................................................................................................ 6-19
17.110.040 – Procedure – Conditional Use Permit ................................................................................................... 6-19
17.110.050 – Conditions of Approval ........................................................................................................................ 6-20
17.110.060 – Criteria for Approval ............................................................................................................................ 6-20
17.110.070 – Required Findings ............................................................................................................................... 6-21
17.110.080 – Requirement for and Compliance with Use Permits ............................................................................ 6-21
17.110.090 – Permit to Run with the Land ................................................................................................................ 6-22
CHAPTER 17.112. REASONABLE ACCOMMODATION ........................................................................................ 6-23
17.112.010 – Purpose and Intent .............................................................................................................................. 6-23
17.112.020 – Requests for Reasonable Accommodation ......................................................................................... 6-23
17.112.030 – Application Requirements ................................................................................................................... 6-23
17.112.040 – Process for Approval ........................................................................................................................... 6-23
17.112.050 – Conditions of Approval ........................................................................................................................ 6-24
17.112.060 – Required Findings ............................................................................................................................... 6-24
17.112.070 – Occupancy Requirement ..................................................................................................................... 6-24
17.112.080 – Appeals ............................................................................................................................................... 6-25
CHAPTER 17.114. VARIANCES .............................................................................................................................. 6-26
17.114.010 – Purpose and Applicability .................................................................................................................... 6-26
17.114.020 – Procedure ............................................................................................................................................ 6-26
17.114.030 – Burden of Proof ................................................................................................................................... 6-26
17.114.040 – Required Findings ............................................................................................................................... 6-26
ARTICLE 7: ADMINISTRATION OF ZONING REGULATIONS
CHAPTER 17.120. ADMINISTRATIVE RESPONSIBILITY ....................................................................................... 7-1
17.120.010 – Purpose ................................................................................................................................................. 7-1
17.120.020 – Community Development Director ........................................................................................................ 7-1
17.120.030 – Planning Commission ........................................................................................................................... 7-1
17.120.040 – Architectural Review Commission ......................................................................................................... 7-1
17.120.050 – City Council ........................................................................................................................................... 7-1
CHAPTER 17.122. PUBLIC NOTICES AND HEARINGS .......................................................................................... 7-3
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17.122.010 – Purpose ................................................................................................................................................. 7-3
17.122.020 – Notice of Hearing .................................................................................................................................. 7-3
17.122.030 – Scheduling of Hearing ........................................................................................................................... 7-4
17.122.040 – Hearing Procedure ................................................................................................................................ 7-4
17.122.050 – Effective Date of Decision ..................................................................................................................... 7-5
CHAPTER 17.124. AMENDMENTS - ZONING REGULATIONS AND ZONING MAP .............................................. 7-6
17.124.010 – Scope .................................................................................................................................................... 7-6
17.124.020 – Authority to Initiate an Amendment ....................................................................................................... 7-6
17.124.030 – Processing, Notice, and Hearings ......................................................................................................... 7-6
CHAPTER 17.126. APPEALS .................................................................................................................................... 7-7
17.126.010 – Standing to Appeal ................................................................................................................................ 7-7
17.126.020 – Time to File Appeal ............................................................................................................................... 7-7
17.126.030 – Content of Appeal Filing ........................................................................................................................ 7-7
17.126.040 – Course of Appeals ................................................................................................................................. 7-7
17.126.050 – Hearings and Notice .............................................................................................................................. 7-7
CHAPTER 17.128. DEVELOPMENT AGREEMENTS ............................................................................................... 7-8
17.128.010 – Purpose and Scope ............................................................................................................................... 7-8
17.128.020 – Authority ................................................................................................................................................ 7-8
17.128.030 – Initiation of Hearings ............................................................................................................................. 7-8
17.128.040 – Applications – Legal Interest ................................................................................................................. 7-8
17.128.050 – Fees ...................................................................................................................................................... 7-8
17.128.060 – Preapplication Review ........................................................................................................................... 7-8
17.128.070 – Application – Contents .......................................................................................................................... 7-8
17.128.080 – Public Notice ......................................................................................................................................... 7-9
17.128.090 – Failure to Receive Notice ...................................................................................................................... 7-9
17.128.100 – Planning Commission Hearing and Recommendation ........................................................................ 7-10
17.128.110 – City Council Hearing ........................................................................................................................... 7-10
17.128.120 – City Council Action .............................................................................................................................. 7-10
17.128.130 – Development Agreement – Contents .................................................................................................. 7-10
17.128.140 – Development Agreement – Adoption by Ordinance – Execution of Contract ...................................... 7-11
17.128.150 – Recordation of Executed Agreement .................................................................................................. 7-12
17.128.160 – Ordinance, Regulations, and Requirements Applicable to Development ............................................ 7-12
17.128.170 – Subsequently Enacted State and Federal Laws ................................................................................. 7-12
17.128.180 – Enforcement – Continuing Validity ...................................................................................................... 7-12
17.128.190 – Amendment – Time Extension – Cancellation .................................................................................... 7-13
17.128.200 – Review for Compliance – Director’s Authority ..................................................................................... 7-13
17.128.210 – Violation of Agreement – Council Review and Action ......................................................................... 7-13
17.128.220 – Modification or Termination for Violations ........................................................................................... 7-13
17.128.230 – Consequences of Termination ............................................................................................................ 7-14
17.128.240 – Irregularity of Proceedings .................................................................................................................. 7-14
17.128.250 – Coordination of Approvals ................................................................................................................... 7-14
CHAPTER 17.130. GENERAL PLAN AMENDMENTS ............................................................................................ 7-15
17.130.010 – Purpose ............................................................................................................................................... 7-15
17.130.020 – Authority to Initiate an Amendment ..................................................................................................... 7-15
17.130.030 – Schedule for and Coordination of Amendments .................................................................................. 7-16
17.130.040 – Processing, Notice, and Hearings ....................................................................................................... 7-16
CHAPTER 17.132. ENFORCEMENT ....................................................................................................................... 7-17
17.132.010 – Delegation of Authority ........................................................................................................................ 7-17
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17.132.020 – Violations............................................................................................................................................. 7-17
ARTICLE 8: HOUSING-RELATED REGULATIONS
CHAPTER 17.138. INCLUSIONARY HOUSING REQUIREMENTS ........................................................................... 8-1
17.138.010 – Purpose ................................................................................................................................................. 8-1
17.138.020 – Applicability and Exclusions .................................................................................................................. 8-1
17.138.030 – Definitions ............................................................................................................................................. 8-1
17.138.040 – General Standards ................................................................................................................................ 8-2
17.138.050 – Procedures ............................................................................................................................................ 8-4
17.138.060 – In-lieu Housing Fee ............................................................................................................................... 8-4
17.138.070 – Affordable Housing Fund Established ................................................................................................... 8-5
17.138.080 – Real Property Dedication ...................................................................................................................... 8-5
17.138.090 – Incentives .............................................................................................................................................. 8-5
17.138.100 – Project Application ................................................................................................................................ 8-6
17.138.110 – Required Agreements ........................................................................................................................... 8-6
17.138.120 – Program Requirements ......................................................................................................................... 8-6
17.138.130 – Eligibility Screening ............................................................................................................................... 8-7
17.138.140 – Affordability Restrictions ........................................................................................................................ 8-7
17.138.150 – Shared Equity Purchase Program ......................................................................................................... 8-7
17.138.160 – Early Resale of Shared Equity Properties ............................................................................................. 8-7
17.138.170 – Management and Monitoring ................................................................................................................ 8-8
17.138.180 – Enforcement and Appeals ..................................................................................................................... 8-8
17.138.190 – Severability ............................................................................................................................................ 8-8
CHAPTER 17.140. AFFORDABLE HOUSING INCENTIVES .................................................................................... 8-9
17.140.010 – Purpose ................................................................................................................................................. 8-9
17.140.020 – Definitions ............................................................................................................................................. 8-9
17.140.030 – Application Process ............................................................................................................................... 8-9
17.140.040 – Standard Incentives for Housing Projects ........................................................................................... 8-10
17.140.050 – Standard Incentives for Mixed Use Projects ....................................................................................... 8-14
17.140.060 – Standard Incentives for Conversion of Apartments to Condominium Projects .................................... 8-14
17.140.070 – Alternative or Additional Incentives ..................................................................................................... 8-14
17.140.080 – Agreements for Affordable Housing .................................................................................................... 8-16
17.140.090 – Fees .................................................................................................................................................... 8-16
17.140.100 – Affordability Standards ........................................................................................................................ 8-16
17.140.110 – Occupant Qualifications ...................................................................................................................... 8-16
CHAPTER 17.142. DOWNTOWN HOUSING CONVERSION REGULATIONS ....................................................... 8-17
17.142.010 – Purpose and Intent .............................................................................................................................. 8-17
17.142.020 – Definitions ........................................................................................................................................... 8-17
17.142.030 – Land Uses Affected ............................................................................................................................. 8-18
17.142.040 – No Net Housing Loss .......................................................................................................................... 8-18
17.142.050 – Exceptions ........................................................................................................................................... 8-19
17.142.060 – Public Hearing Required ..................................................................................................................... 8-19
17.142.070 – Conditions of Approval ........................................................................................................................ 8-19
CHAPTER 17.144. RESIDENTIAL GROWTH MANAGEMENT REGULATIONS.................................................... 8-21
17.144.010 – Purpose and Justification .................................................................................................................... 8-21
17.144.020 – Allocations ........................................................................................................................................... 8-21
17.144.030 – Periodic City Council Review and Consideration of Revisions ............................................................ 8-22
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CHAPTER 17.146. RESIDENTIAL OCCUPANCY STANDARDS ........................................................................... 8-23
17.146.010 – Purpose and Applicability .................................................................................................................... 8-23
CHAPTER 17.148. HIGH-OCCUPANCY RESIDENTIAL USE REGULATIONS ..................................................... 8-24
17.148.010 – Purpose and Applicability. ................................................................................................................... 8-24
17.148.020 – Permit Requirements .......................................................................................................................... 8-24
17.148.030 – Performance Standards ...................................................................................................................... 8-24
ARTICLE 9: DEFINITIONS
CHAPTER 17.154. DEFINITIONS PURPOSE AND ORGANIZATION ...................................................................... 9-1
17.154.002 – Purpose and Applicability ...................................................................................................................... 9-1
17.154.004 – Organization .......................................................................................................................................... 9-1
17.154.006 – Other Definition Sections ...................................................................................................................... 9-1
CHAPTER 17.156. LAND USE DEFINITIONS (TABLE 9 AND 10 USES) ................................................................ 9-2
17.156.002 – Purpose and Applicability ...................................................................................................................... 9-2
17.156.004 – A Definitions .......................................................................................................................................... 9-2
17.156.006 – B Definitions .......................................................................................................................................... 9-3
17.156.008 – C Definitions .......................................................................................................................................... 9-4
17.156.010 – D Definitions .......................................................................................................................................... 9-5
17.156.012 – E Definitions .......................................................................................................................................... 9-5
17.156.014 – F Definitions .......................................................................................................................................... 9-6
17.156.016 – G Definitions .......................................................................................................................................... 9-7
17.156.018 – H Definitions .......................................................................................................................................... 9-7
17.156.020 – I Definitions ........................................................................................................................................... 9-8
17.156.022 – J Definitions ........................................................................................................................................... 9-8
17.156.024 – K Definitions .......................................................................................................................................... 9-8
17.156.026 – L Definitions .......................................................................................................................................... 9-8
17.156.028 – M Definitions ......................................................................................................................................... 9-9
17.156.030 – N Definitions ........................................................................................................................................ 9-10
17.156.032 – O Definitions ........................................................................................................................................ 9-10
17.156.034 – P Definitions ........................................................................................................................................ 9-11
17.156.036 – R Definitions ........................................................................................................................................ 9-12
17.156.038 – S Definitions ........................................................................................................................................ 9-13
17.156.040 – T Definitions ........................................................................................................................................ 9-15
17.156.042 – U Definitions ........................................................................................................................................ 9-15
17.156.044 – V Definitions ........................................................................................................................................ 9-15
17.156.046 – W Definitions ....................................................................................................................................... 9-16
17.156.048 – X Definitions ........................................................................................................................................ 9-17
17.156.050 – Y Definitions ........................................................................................................................................ 9-17
17.156.052 – Z Definitions ........................................................................................................................................ 9-17
CHAPTER 17.158. GENERAL DEFINITIONS .......................................................................................................... 9-18
17.158.002 – Purpose and Applicability .................................................................................................................... 9-18
17.158.004 – Abbreviations ...................................................................................................................................... 9-18
17.158.006 – A Definitions ........................................................................................................................................ 9-18
17.158.008 – B Definitions ........................................................................................................................................ 9-19
17.158.010 – C Definitions ........................................................................................................................................ 9-20
17.158.012 – D Definitions ........................................................................................................................................ 9-21
17.158.014 – E Definitions ........................................................................................................................................ 9-22
17.158.016 – F Definitions ........................................................................................................................................ 9-22
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17.158.018 – G Definitions ........................................................................................................................................ 9-27
17.158.020 – H Definitions ........................................................................................................................................ 9-28
17.158.022 – I Definitions ......................................................................................................................................... 9-28
17.158.024 – J Definitions ......................................................................................................................................... 9-28
17.158.026 – K Definitions ........................................................................................................................................ 9-28
17.158.028 – L Definitions ........................................................................................................................................ 9-28
17.158.030 – M Definitions ....................................................................................................................................... 9-31
17.158.032 – N Definitions ........................................................................................................................................ 9-31
17.158.034 – O Definitions ........................................................................................................................................ 9-32
17.158.036 – P Definitions ........................................................................................................................................ 9-32
17.158.038 – Q Definitions ........................................................................................................................................ 9-33
17.158.040 – R Definitions ........................................................................................................................................ 9-33
17.158.042 – S Definitions ........................................................................................................................................ 9-34
17.158.044 – T Definitions ........................................................................................................................................ 9-36
17.158.046 – U Definitions ........................................................................................................................................ 9-37
17.158.048 – V Definitions ........................................................................................................................................ 9-37
17.158.050 – W Definitions ....................................................................................................................................... 9-37
17.158.052 – X Definitions ........................................................................................................................................ 9-38
17.158.054 – Y Definitions ........................................................................................................................................ 9-38
17.158.056 – Z Definitions ........................................................................................................................................ 9-38
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ARTICLE 1: ENACTMENT, APPLICABILITY, AND ENFORCEMENT
CHAPTER 17.02. PURPOSE AND APPLICABILITY OF THE ZONING REGULATIONS
17.020.010 – Title
17.02.010 – Title
The provisions of Title.
This division 17 of the City of San Luis Obispo Municipal Code shall be known and cited as the “zoning regulations of
the city.” (Ord. 941 § 1 (part), 1982: prior code § 9201.1)"City of San Luis Obispo Zoning Regulations" or “Zoning
Regulations.”
17.02.020.020 – Purpose and Authority
17.02.020 Purpose.
These regulations
A. The Zoning Regulations are intended to guide the development of the cityCity in an orderly manner, based
onimplement the adopted general plan, topolicies of the General Plan, protect and enhance the quality of the
natural and built environment, and to promote the public health, safety and general welfare by regulating the use
of land and buildings and the location and basic form of structures. (Ord. 941 § 1 (part), 1982: prior code § 9201.2),
and provide the physical, environmental, economic, and social advantages that result from the orderly planned
use of land resources.
B. The Zoning Regulations are enacted based on the authority vested in the City of San Luis Obispo and its Charter,
and the State of California, including but not limited to the State Constitution, Planning and Zoning Law (California
Government Code Section 65800 et seq.), and the California Health and Safety Code.
17.02002.030 – General Requirements
17.02.030 General requirement.
Land or buildings may be used and structures may be erected or altered only in accordance with thesethe regulations.
(Ord. 941 § 1 (part), 1982: prior code § 9201.5) in this Title 17.
17.02002.040 – Relationship to Prior Ordinances and Other Codes
The provisions of the Zoning Regulations, as they existed prior to the effective date of Ordinance No. XXXX, are
repealed and superseded as provided in the ordinance enacting this Title 17. No provision of the Zoning Regulations
shall validate or legalize any land use or structure established, constructed, or maintained in violation of the Zoning
Regulations as it existed prior to repeal by the ordinance enacting these Zoning Regulations, except as addressed by
nonconformities created by the Zoning Regulations.
17.02.new
17.020.050 – General Plan Consistency – Regulations Interpretation and Application
17.02.050 General plan consistency—Regulations interpretation and application.
050 – General Relationship to Other Regulations
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The regulations of this Title and requirements or conditions imposed pursuant to this Title shall not supersede any other
regulations or requirements adopted or imposed by the City, the State of California, or any Federal agency that has
jurisdiction by law over uses and development authorized by this Title. All uses and development authorized by this
Title shall comply with all other such regulations and requirements. Where conflict occurs between the provisions of
this Title and any other City ordinance, Title, Chapter, Resolution, guideline or regulation, the more restrictive provisions
shall control, unless otherwise specified.
The regulations codified in this title shall be interpreted and applied in a manner consistent with the general plan.
(Ord. 941 § 1 (part), 1982: prior code § 9204.1)
17.02.060 – Relationship to California Environmental Quality Act
When a project application pursuant to the provisions of the Zoning Regulations is determined to be subject to the
provisions of the California Environmental Quality Act (CEQA), the application shall be reviewed in accordance with
the provisions of the Zoning Regulations, CEQA (Public Resources Code, Section 21000 et seq.), the CEQA Guidelines
(Title 14, California Code of Regulations, Section 15000 et seq.), and any environmental guidelines and other
applicable rules adopted by the City.
17.02.070 – Relationship to Design Guidelines
Any design guidelines adopted by the City shall be considered complementary to the development and design
standards set forth in the Zoning Regulations. In the event of any conflict between adopted design guidelines and the
provisions of the Zoning Regulations, the provisions of the Zoning Regulations shall govern.
17.02.080 – Relationship to Specific Plans
Specific Plans are designed to meet the requirements of the State Government Code and the City of San Luis Obispo
General Plan. All uses, buildings, or structures located within a specific plan area shall comply with the provisions of
the applicable Specific Plan. If such provisions conflict with the Zoning Regulations, the requirements of the adopted
Specific Plan shall take precedence over the Zoning Regulations. In instances where the Specific Plan is silent, the
Zoning Regulations shall prevail.
17.02.090 – Prior Rights and Violations
The enactment of the Zoning Regulations shall not terminate nor otherwise affect vested land use development permits,
approvals, or agreements authorized under the provisions of any ordinance or resolution, nor shall violation of any prior
ordinance or resolution be excused by the adoption of the Zoning Regulations.
17.02.100 –
17.02.110 – Severability, Partial Invalidation of the Zoning Regulations
If any portion of the Zoning Regulations is held to be invalid, unconstitutional, or unenforceable by a court of competent
jurisdiction, such determination shall not affect the validity, constitutionality, or enforceability of the remaining portions
of this title. The Council hereby declares that this Chapter and each division, section, subsection, paragraph,
subparagraph, sentence, clause, phrase, and portion thereof is adopted without regard to the fact that one or more
portions of this Chapter may be declared invalid, unconstitutional, or unenforceable.
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CHAPTER 17.04. INTERPRETATION OF THE ZONING REGULATIONS
17.04.010 – Rules of Interpretation
17.02.040 Interpretation.
A. Ambiguity. The director shallDirector is assigned the responsibility and authority to interpret these regulations,
subject to the appeal procedures of Chapter 17.66. Written requests for interpretation shall be responded to in
writing within ten days and shall become part of the permanent files of the community development department.XX.
B. Zone District Boundaries.
1. Boundaries between zoning districts generally follow lot lines or their extensions, physical features, or contour lines,
as noted on the official zoning map. Boundaries adjoining streets shall be assumed to follow the centerlines of
streets if such location becomes an issue in the use of private property, as when a street is abandoned. Zones
which meet a street centerline shall not be considered “adjacent.”
2. The location of boundaries which are not readily determined by inspection of the official zone map shall
be determined by the director.
C. Conflict with Public Provisions. These regulations are not intended to interfere with or annul any other law or
regulation. Where these regulations impose a restriction different from any other law or regulation, the more
restrictive shall apply.
D. C. Conflict with Private Provisions. These regulations are not intended to interfere with or annul any easement,
covenant, or other agreement between private parties. Where these regulations impose a restriction different from
a private agreement, the provisions which are more restrictive or which impose higher standards shall control.
(Ord. 941 § 1 (part), 1982: prior code § 9204.5)
B.D. Internal Conflicts. Where provisions ofindicated in this chapterArticle conflict with provisions of other
applicable laws, including these Zoning Regulations, Specific Plans, and other adopted Ordinances, the more
restrictive provision shall prevail.
E. Terminology. When used in this Chapter, the following rules apply to all provisions of the Zoning Regulations:
1. Language. When used in the Zoning Regulations, the words "shall," "must," "will," "is to," and "are to" are
mandatory. Regulations containing the word "should" are be followed unless not doing so will result in better
implementation of other zoning regulations or General Plan policies; with the overall objective of ensuring that
the intent and spirit of the General Plan and Zoning Regulations are followed. "May" is permissive.
2. Tense. The present tense includes the past and future tense, and the future tense includes the present.
3. Number. The singular number includes the plural number, and the plural the singular, unless the natural
construction of the words indicates otherwise.
4. Conjunctions. “And” indicates that all connected items or provisions shall apply. “Or” indicates that the
connected items or provisions may apply singly or in any combination. “Either…or” indicates that the
connected items and provisions shall apply singly but not in combination. “Includes” and “including” shall mean
“including but not limited to.”
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5. Local Reference. “City” as used in the Zoning Regulations means the City of San Luis Obispo, and all public
officials, bodies, and agencies referenced are those of the City unless otherwise stated.
6. Definitions. All words and terms shall be as defined in the Zoning Regulations, Municipal Code, and/or as
determined/interpreted by the Director.
7. State Law Requirements. References to applicable provisions of State law (e.g., the California Government
Code, Public Resources Code) shall be construed to refer to the applicable State law provisions, as they may
be amended from time to time.
E. Number of Days. Whenever the number of days is specified in the Zoning Regulations, or in any permit, condition
of approval, or notice issued or given as provided in the Zoning Regulations, the number of days shall be construed
as calendar days, unless otherwise specified. When the last of the specified number of days falls on a weekend
or City holiday, time limits shall extend to the end of the next working day.
F. Fractions. Except as otherwise provided, the fractional/decimal results of calculations of one-half (0.5) or greater
shall be rounded up to the nearest whole number and fractions of less than one-half (0.5) shall be rounded down
to the nearest whole number.
G. Minimum Requirements. When interpreting and applying the Zoning Regulations, all provisions shall be
considered to be minimum requirements, unless specifically stated otherwise.
17.04.020 – Procedures for Interpretation
A. Authority of Director to Interpret. Whenever, in the opinion of the Director, or at the discretion of the Planning
Commission, there is any question regarding the interpretation of the General Plan, a Specific Plan, or the
provisions of the Zoning Regulations or its application to any specific case or situation that warrants formal
interpretation, the Director shall interpret the relevant provision of the General Plan, Specific Plan, or Zoning
Regulations by written decision or refer the question to the Planning Commission for determination.
B. Appeals. Any interpretation of the Zoning Regulations by the Director or Planning Commission may be appealed
in compliance with Chapter XXXX (Appeals).
17.04.030 – Uses Not Classified
A. Use Not Listed Is Not Allowed. If a use of land is not specifically listed in Article 2 (Zones, Allowable Uses, and
Development and Design Standards), the use shall not be allowed, except as provided below.
B. Director’s Determination. Based on the authority granted in Subsection 17.04.020 (Procedures for
Interpretation), the Director may determine that a land use that is not listed in Article 2 (Zones, Allowable Uses,
and Development and Design Standards) may be allowed. In making this determination, the Director shall first
make all of the following findings:
1. The characteristics of, and activities associated with, the use are equivalent to those of one or more of the
uses listed in the zone as allowable, and will not involve a greater level of activity, population density, intensity,
traffic generation, parking, dust, odor, noise, emissions, or similar impacts than the uses listed in the zone;
2. The use will meet the purpose/intent of the zone that is applied to the location of the use; and
3. The use will be consistent with the goals, objectives, and policies of the General Plan and/or any applicable
specific plan or planned development.
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C. Applicable Standards and Permit Requirements. When the Director determines that an unlisted land use is
equivalent to a listed use, the unlisted use will be treated in the same manner as the listed use in determining
where the use is allowed, what permits are required, and what other standards and requirements of the Zoning
Regulations apply.
D. Uses Not Permitted in the City of San Luis Obispo. Notwithstanding the above, prohibited uses listed in Section
17.10.020.F (Prohibited Uses), any use not expressly allowed by these Zoning Regulations, and any other uses
determined by the Director to have equivalent characteristics and activities to these prohibited uses, shall not be
treated as permitted or conditionally permitted uses in any zone of the City of San Luis Obispo.
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17.04.050 – Text Takes Precedence over Graphics
In case of a conflict between the Zoning Regulations text and any diagram, illustration, graphic, or image contained in
the Zoning Regulations, the text shall take precedence.
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CHAPTER 17.06. ZONES ESTABLISHED AND ZONING MAP
17.06.010 – Purpose
The purpose of this Chapter is to establish the zones applied to property within the City and to adopt the City’s zoning
map.
17.06.020 – Designation of Zones
17.06.010 Designation of zones.
For
A. General. The City is divided into zones to allow for orderly, planned development and to implement the General
Plan.
B. Base Zone. Every parcel shall have a base zone that establishes the primary type and intensity of land use
permitted, along with development regulations for that particular type and intensity of land use.
C. Overlay Zone. An overlay zone supplements the base zone for the purpose of establishing special use or
development regulations for a particular area in addition to the provisions of the underlying base zone. In the event
of conflict between the base zone regulations and the overlay zone regulations, the provisions of the overlay zone
shall apply.
D. Zones Established. All zones shall be listed and appropriately designated on the official zoning map. For
purposes of the regulations set out in this divisiontitle, the following zones are created:
Table 1-1: Zones Established
Residential Zones:
R-1 Low-density residentialDensity Residential
R-2 Medium-density residentialDensity Residential
R-3 Medium-high-density residentialHigh Density Residential
R-4 High-density residential (includes former R-H zone)High-
Density Residential
Nonresidential Zones:
AG Agricultural
C/OS Conservation/open space (formerly A/C)Open Space
O Office (formerly PO)
PF Public facilityFacility
C-N Neighborhood commercialCommercial
C-C Community Commercial
C-D Downtown commercialCommercial
C-R Retail commercialCommercial
C-T Tourist commercialCommercial
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Table 1-1: Zones Established
C-S Service commercial (formerly C-H)Commercial
M Industrial
Overlay Zones:
AO Airport Overlay
D Downtown Overlay
SP Specific planPlan
H Historical and architectural preservationHistoric Overlay
MU Mixed Use Overlay
S Special considerationsConsiderations Overlay
S-F Special Focus Overlay
PD Planned developmentDevelopment Overlay
(Ord. 1437 § 1 (part), 2003; Ord. 941 § 1 (part), 1982: prior code § 9201.3)
17.06.030 – Official Zoning Map
17.06.020 Areas within the city to be designated within a zone district—Zoning map to be a part of these
regulations.
All areas within the cityCity shall be designated within a zone district.. The boundaries, designations, map symbols and
locations of the zones established by the Zoning Regulations shall be shown upon the map(s) entitled "City of San Luis
Obispo Zoning Map" and referred to in the Zoning Regulations as the Zoning Map. The official zone mapZoning Map,
which shall depict all duly adopted zone districtszones, is as much a part of these regulations as if it were fully contained
in this document. The official zone mapZoning Map shall be maintained by and in the department of community
developmentCommunity Development Department, and for convenience in more easily identifying zone boundaries
may be divided into parts. (Ord. 941 § 1 (part), 1982: prior code § 9201.4)
17.06.040 – Uncertainty of Boundaries
A. General. Boundaries between zones generally follow lot lines or their extensions, physical features, or contour
lines, as noted on the official Zoning Map. Boundaries adjoining streets shall be assumed to follow the centerlines
of streets if such location becomes an issue in the use of private property, as when a street is abandoned. Zones
which meet a street centerline shall not be considered “adjacent.”
B. Split Zoning. A split-zoned parcel is a parcel to which two or more base zones apply (which does not include
overlay zones). All applicable zoning regulations for each particular zone shall be applied separately for each
portion of a parcel that is split-zoned. This includes the front, rear and side setback regulations, regardless of the
standard setback definition provided in Chapter 17.XX (General Definitions), as well as any applicable lot coverage
regulations.
C. Determination. The location of boundaries which are not readily determined by inspection of the official Zoning
Map shall be determined by the Director.
17.06.050 – Classification of Annexed Lands and Unclassified Property
17.70.050 Annexation and prezoning.
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Any area annexed to the cityCity shall be prezoned consistent with the general planGeneral Plan or classifiedzoned
C/OS until rezoned after annexation. (Ord. 941 § 1 (part), 1982: prior code § 9204.7(E))
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ARTICLE 2: ZONES, ALLOWABLE USES, AND DEVELOPMENT AND DESIGN
STANDARDS
CHAPTER 17.10. USE REGULATIONS
17.10.010 – Use RegulationsPurpose and Application
17.22.010 Uses allowed by zones.
This Chapter identifies those land uses that may be established in conjunction with any buildings, improvements, lots,
or premises within the zones established by Chapter 17.06 (Zones Established and Zoning Map).
17.10.020 – Use Regulations By Zone
A. Status of Allowed Uses. Uses within zones shall be regulated as providedset forth in Table 9, subject to
subsections B through JF of this section.Section and additional regulations specified in the Additional Regulations
column of Table 9. Land uses are defined in Article 9, Chapter 19.XX, Land Use Classifications. In Table 9, symbols
shall have these meanings:
A The use is allowed; as a matter of right.
D If the director approves an administrative use permit MUP The use requires a Minor Use Permit
approved by the Director, as provided in Sections 17.58.020 through 17.58.070, the.
CUP The use may be established;
PC If the planning commission approves a use permitrequires a Conditional Use Permit approved by the
Planning Commission, as provided in Sections 17.58.020 through 17.58.070, the use may be
established;.
A/DM The use is allowed above the ground floor. If only. Subject to Minor Use Permit review, the director
approves an administrative use permit, it may be established on the ground floor.
Special notes affecting the status of uses, indicated by number in Table 9, may be found at the end of the
tableVariations to allowed uses in Table 9 may be permitted or required by Chapter XX: Specific Plan (SP) Overlay
Zone, Chapter 17.56: Special Focus Area (S-F) Overlay Zone, and Chapter 17.62: Special Considerations (S)
Overlay Zone.
B. Interpretation of Use Listing.
1. Director’s Determination. In cases where a specific land use or activity is not defined, the Director shall assign
the land use or activity to a classification that is substantially similar in character per Section 17.04.030.B,
Director’s Determination. .
1. C. Interpretation of Use Listing. These regulations are intended to permit similar types of uses within each
zone. The director, subject to the appeal procedures of Chapter 17.66, shall determine whether uses which
are not listed shall be deemed allowed or allowed subject to use permit approval in a certain zone. This
interpretation procedure shall not be used as a substitute for the amendment procedure as a means of adding
new types of uses to a zone.
2. Uses Not Listed and Not Substantially Similar. Any use not expressly allowed by these Zoning Regulations
is prohibited.
C.
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D. Principal and Accessory Uses. Listed uses are principal uses. Accessory uses are allowed withonly where a
principal usesuse is established. An accessory use shall not be allowed if it is not listed as an allowed use in Table
9 for the applicable zone.
D.
F. Public School Uses. See Section 17.36.030 Airport Land Use Plan and Airport Overlay Zone. See Chapter
17.64 (Airport Overlay Zone) concerning uses whichthat may be establishedallowed within public schoolsthe Airport
Overlay Zone.
E. Specific Plan Consistency. See Section 17.02.080: Relationship to Specific Plans.
F. G. Prohibition of Prohibited Uses. The following uses are prohibited in all zones:
1. RESERVED.
2. Drive-Through Facilities. Drive-through facilities are not allowed in any zone.
H. Prohibition of Vacation Rentals. Vacation rentals are not allowed in any zone.
3. I. Prohibition of Large-Scale Retail with over 140,000 square feet of gross floor area
4. Livestock Feed Lots
5. Mineral Extraction. and Commercial mining is prohibited in city limits.Mining
6. Onshore Support Facilities for offshore oil or gas development
Vacation Rentals. J. Specific Plan Consistency. Some land subject to city zoning is also subject to one of several
specific plans, which are intended to provide additional policies and development standards for the development of
those areas. Land within specific plans, designated by the SP zoning, may be subject to further restrictions. The list
of uses and permit requirements in the specific plan shall prevail.
Table 9: Uses Allowed by Zone
Land Use
Permit Requirements by Zoning District Specific Use
Regulations AG C/OS R1 R2 R3 R4 PF O(1) C-N C-C C-D C-R C-T C-S M BP
AGRICULTURE
Crop production A A A D D
Grazing A A
Greenhouse/plant
nursery, commercial PC PC
Community gardens
D D D D D
Livestock feed lot
PC PC
INDUSTRY, MANUFACTURING & PROCESSING, WHOLESALING
Bakery, wholesale A A PC
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Table 9: Uses Allowed by Zone
Land Use
Permit Requirements by Zoning District Specific Use
Regulations AG C/OS R1 R2 R3 R4 PF O(1) C-N C-C C-D C-R C-T C-S M BP
Furniture and fixtures
manufacturing,
cabinet shop D A
Industrial research
and development PC D D
Laboratory – Medical,
analytical, research,
testing PC A A A A
Laundry, dry cleaning
plant A A
Manufacturing –
Heavy PC PC
Manufacturing – Light D A A
Petroleum product
storage and
distribution D
Photo and film
processing lab A A
Printing and
publishing A A A
Recycling facilities –
Collection and
processing facility D
Recycling facilities –
Scrap and
dismantling yard D
Recycling facilities –
Small collection
facility D D D A
Storage – Personal
storage facility A A
Storage yard D A
Warehousing, indoor
storage A A PC
Wholesaling and
distribution A A PC
LODGING
Bed and breakfast inn D PC PC A A A
Safe parking
PC
(13)
PC
(13)
PC
(13)
PC
(13) PC PC PC PC PC PC PC PC PC 17.08.115
Homeless shelter PC PC A PC PC PC PC PC PC PC PC 17.08.110
Hostel PC PC A A A
Hotel, motel A A A PC
Recreational vehicle
(RV) park accessory
to hotel, motel PC
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Table 9: Uses Allowed by Zone
Land Use
Permit Requirements by Zoning District Specific Use
Regulations AG C/OS R1 R2 R3 R4 PF O(1) C-N C-C C-D C-R C-T C-S M BP
Vacation rental 17.22.010(G)
RECREATION, EDUCATION & PUBLIC ASSEMBLY USES
Club, lodge, private
meeting hall D D A D A/D D D D
Commercial
recreation facility –
Indoor PC D D D D D(12) PC D 17.08.060
Commercial
recreation facility –
Outdoor PC PC
Educational
conferences D D D D 17.08.010(C)(6)
Fitness/health facility D A D D PC A A D
Golf course PC
Library, museum PC D D D D
Library, branch facility D D D D
Night club D D D D D D PC(14) Chapter 17.95
Park, playground D D A A A A D D A A A
Public assembly
facility PC D D D D PC
Religious facility PC D D D D A D D D A D(7) D(7) D(7)
School – Boarding
school, elementary,
middle, secondary PC PC
School – College,
university campus PC
School – College,
university – Satellite
classroom facility
School – Elementary,
middle, secondary PC PC D D PC D
School – Specialized
education/training PC A/D A/D A A A
Special event D D D D D D D D D 17.08.010
Sports and active
recreation facility PC PC PC PC
Sports and
entertainment
assembly facility PC PC
Studio – Art, dance,
martial arts, music,
etc. D D A/D A/D A PC A
Theater PC(8) D D D D Chapter 17.95
Theater – Drive-in PC PC
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Table 9: Uses Allowed by Zone
Land Use
Permit Requirements by Zoning District Specific Use
Regulations AG C/OS R1 R2 R3 R4 PF O(1) C-N C-C C-D C-R C-T C-S M BP
RESIDENTIAL USES
Boarding/rooming
house, dormitory PC D D D Chapter 17.20
Caretaker quarters A A A A A A A A A A A A A A A D
Convents and
monasteries PC A A D
Fraternity, sorority PC PC
High occupancy
residential use D D
Home occupation H H H H H H H H H H H H H H 17.08.090
Live/work units A A A A A 17.08.130
Mixed use project A A A A A A PC PC 17.08.072
Mobile home as
temporary residence
at building site A A A A A A A A
Mobile home park A A A A
Multifamily dwellings A A A A D D
Residential care
facilities – 6 or fewer
residents A A A A A A A/D A/D A/D D
Residential care
facilities – 7 or more
residents A A A A A D A/D A/D D
Residential hospice
facility PC PC D PC PC D
Rest home A A A A A D A/D A/D D
Single-family
dwellings A A A(2) A A A A D D
Accessory dwelling
units A A A A A Chapter 17.21
Work/live units D D 17.08.130
RETAIL SALES
Auto and vehicle
sales and rental D A PC
Auto parts sales, with
installation D(5) A A
Auto parts sales,
without installation A D A A A
Bakery, retail A A A A A D D
Bar/tavern D D D D D D
Building and
landscape materials
sales, indoor A A A A A
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Table 9: Uses Allowed by Zone
Land Use
Permit Requirements by Zoning District Specific Use
Regulations AG C/OS R1 R2 R3 R4 PF O(1) C-N C-C C-D C-R C-T C-S M BP
Building and
landscape materials
sales, outdoor D D A A A
Construction and
heavy equipment
sales and rental D D
Convenience store D D D A A A A A D D D 17.08.095
Extended hour retail D D D D D D D D
Farm supply and feed
store PC A A
Fuel dealer (propane,
etc.) D A
Furniture, furnishings,
and appliance stores A A A A
General retail – 2,000
sf or less A(3) A A A A
General retail – More
than 2,000 sf, up to
15,000 sf D(3) D A A
General retail – More
than 15,000 sf, up to
45,000 sf D A A D
General retail – More
than 45,000 sf, up to
60,000 sf D A A
General retail – More
than 60,000 sf, up to
140,000 sf PC PC PC
Groceries, specialty
foods A(10) A A A PC
Liquor store/alcohol
sales D D D D PC 17.11
Mobile home, RV,
and boat sales A PC
Office-supporting
retail, 2,000 sf or less A A A A A D
Office-supporting
retail, more than
2,000 sf, up to 5,000
sf D D A A D
Wine tasting room –
off site D D D D D D D
Outdoor temporary
and/or seasonal sales See Section 17.08.020 17.08.020
Produce stand D D A A A A
Restaurant A A A A A D D
Restaurant with late
hour alcohol service D D D D D D D
Chapter 17.11 &
17.100.180
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Table 9: Uses Allowed by Zone
Land Use
Permit Requirements by Zoning District Specific Use
Regulations AG C/OS R1 R2 R3 R4 PF O(1) C-N C-C C-D C-R C-T C-S M BP
Outdoor BBQ/grill,
accessory to
restaurant D D D D D D D
Service station (see
also Vehicle services) D D D D A 17.08.030
Vending machine See Section 17.08.050 17.08.050
Warehouse stores –
45,000 sf or less gfa D D D
Warehouse stores –
More than 45,000 sf
gfa PC PC PC
SERVICES – BUSINESS, FINANCIAL & PROFESSIONAL
ATMs A A A A A A A A A
Banks and financial
services A A A A D(4) D(4) D
Business support
services A A A/D A A A A
Medical service –
Clinic, laboratory,
urgent care D D D A D(11) D(11)
Medical service –
Doctor office A A/D A/D A D(11) D(11)
Medical service –
Extended care PC PC D PC PC D
Medical service –
Hospital PC PC
Convalescent hospital PC PC
Office – Accessory A A A A A A A A
Office – Business and
service A A A/D A D(4) D(4) D
Office – Government D PC A A PC
Office – Processing D D D D(4) D(4) A
Office – Production
and administrative A A/D A/D A D(4) D(4) A
Office – Professional A A/D A/D A D
Office – Temporary See Section 17.08.010(C)
Photographer,
photographic studio A A/D A PC A
SERVICES – GENERAL
Catering service D D A D A A
Cemetery,
mausoleum,
columbarium PC PC PC PC PC PC PC PC PC PC
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Table 9: Uses Allowed by Zone
Land Use
Permit Requirements by Zoning District Specific Use
Regulations AG C/OS R1 R2 R3 R4 PF O(1) C-N C-C C-D C-R C-T C-S M BP
Copying and quick
printer service A A A A A A A A
Day care – Day care
center (child/adult) D(9) D(9) D(9) D(9) D(9) A A A A/D A D(9) D(9) D(9) D 17.08.100
Day care – Family
day care home
(small/large) A A A A A A A A A A A A 17.08.100
Equipment rental A A D
Food bank/packaged
food distribution
center D D
Maintenance service,
client site services A A PC
Mortuary, funeral
home D D A D
Personal services A A A A D A D
Personal services –
Restricted D D
Public safety facilities PC PC
Public utility facilities PC A A 17.08.080
Repair service –
Equipment, large
appliances, etc. A A D
Residential support
services A A A A
Social service
organization D A D A A A D D D
Vehicle services –
Repair and
maintenance – Major A A D
Vehicle services –
Repair and
maintenance – Minor PC D A A D
Vehicle services –
Carwash D D PC D D
Veterinary
clinic/hospital,
boarding, large
animal PC PC D D
Veterinary
clinic/hospital,
boarding, small
animal, indoor D D A A/D A A
Veterinary
clinic/hospital,
boarding, small
animal, outdoor D
TRANSPORTATION & COMMUNICATIONS
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Table 9: Uses Allowed by Zone
Land Use
Permit Requirements by Zoning District Specific Use
Regulations AG C/OS R1 R2 R3 R4 PF O(1) C-N C-C C-D C-R C-T C-S M BP
Airport PC PC PC D
Ambulance, taxi,
and/or limousine
dispatch facility A D D
Antennas and
telecommunications
facilities D D D D D D D D D D D 17.16.120
Heliport PC PC PC
Media production –
Backlots/outdoor
facilities and
soundstages D D D
Media production –
Broadcast studio A A/D A A A A
Parking facility PC(6) PC(6) PC(6) D(6) D(6) D(6)
Parking facility –
Multilevel PC(6) PC(6) PC(6) PC(6) PC(6) PC(6)
Parking facility –
Temporary PC D D D D D D D D 17.08.010
Railroad facilities D A
Transit station or
terminal PC PC PC D A
Transit stop A A A A A A A A
Truck or freight
terminal A A D
Water and
wastewater treatment
plants and services PC PC
Key: A = Allowed D = Director’s use permit approval required PC = Planning commission use permit approval required
A/D = Director’s approval on ground floor, allowed on second floor or above H = Home occupation permit required
Note: Footnotes affecting specific land uses follow the table.
7. Notes to See also Section XXX (Homestays).
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Table 9:
1. O Zone – All2-1: Uses. A use permit is required for the conversion of residential structures to nonresidential uses. In order to approve a use
permit, the director shall first find that:
a. The location, orientation, height, and mass of new structures will not significantly affect privacy in nearby residential areas; and
b. The project location or access arrangements will not significantly direct traffic to local streets in nearby residential areas; and
Allowed By
c. The project includes landscaping and yards that adequately separate parking and pedestrian circulation areas from sites in nearby
residential areas.
2. R-1 Zone – Multiple Dwellings. Except for condominiums, the construction of more than one dwelling on a parcel in the R-1 zone requires
administrative use permit approval. R-1 density standards apply.
5. C-R Zone – Auto Sound System Installation. Auto sound installation services may be approved only as an accessory use to the retail sales of
auto sound systems on the same site. Use permit review shall consider parking space displacement, noise from the operation, and the appearance
and visibility of the installation area.
7. Religious Facilities.
a. C-S Zone Requirements. Use permit review shall consider that the C-S zone is primarily intended to accommodate uses not
generally suited to other commercial zones because of noise, truck traffic, visual impacts and similar factors. A use permit may be
approved only when the religious facility will not likely cause unreasonable compatibility problems with existing or likely future service
commercial uses in the vicinity. Use permit conditions may include measures to mitigate incompatibility.
b. C-T and M Zone Requirements. A religious facility use may be allowed only inside an existing building.
8. PF Zone – Theaters. Only nonprofit theaters are permitted.
9. Day Care Centers. Allowed by right where accessory to a church or school, or where an employer provides on-site child care to fourteen or
fewer children for the exclusive benefit of employees, providing the primary use meets city parking standards.
14. Night Club Use in the BP Zone. Night clubs shall be allowed only in the BP zone of the Airport Area Specific Plan. Refer to the Allowed uses,
Table 4.3, of the Airport Area Specific Plan for more information. (Ord. 1634 § 5, 2017; Ord. 1629 § 2 Ex. A, 2016; Ord. 1610 § 3, 2014; Ord.
1606 § 7, 2014; Ord. 1592 §§ 6, 7, 2013; Ord. 1591 §§ 15, 18, 19, 28, 2013; Ord. 1578 § 5, 2012; Ord. 1571 § 17, 2012; Ord. 1553 § 18,
2010; Ord. 1528 § 3 Ex. A (part), 2009; Ord. 1500 § 3 (part), 2007; Ord. 1497 § 2, 2006; Ord. 1462 § 3, 2004; Ord. 1451 § 1, 2004; Ord. 1438
§§ 3, 7, 2003; Ord. 1437 § 1 (part), 2003; Ord. 1429 § 3 (part), 2003; Ord. 1409 § 2 (part), 2002; Ord. 1405 § 3 (part), 2001; Ord. 1365 § 3
(part), 2000; Ord. 1346 § 2 (part), 1999; Ord. 1328 § 2, 1997; Ord. 1311 § 2, 1996; Ord. 1310 § 2, 1996; Ord. 1305 § 3, 1996; Ord. 1304 § 2,
1996; Ord. 1265 § 2 Ex. A, 1994; Ord. 1258 § 1 Ex. A, 1994; Ord. 1257 § 1 Ex. A, 1994; Ord. 1248 § 2 Ex. A, 1993; Ord. 1235 § 1 Ex. A,
1992; Ord. 1225 § 2 Ex. A (part), 1992; Ord. 1222 § 1 Ex. A, 1992; Ord. 1182 § 1, 1990; Ord. 1180 § 1, 1990; Ord. 1154 § 4, 1990; Ord. 1157
§ 1 Ex. A (part), 1990; Ord. 1161 § 2 Ex. B (part), 1990; Ord. 1128 § 1 (part), 1988; Ord. 1124 § 4 Ex. A (part), 1988; Ord. 1122 § 2 (part),
1988; Ord. 1110 § 1 Ex. A, 1988; Ord. 1103 § 1 Ex. A(2), 1987; Ord. 1102 § 1 Ex. A(14), (15), 1987; Ord. 1088 § 1 Ex. A(3), 1987; Ord. 1087
§ 1 Ex. A(1), 1987; Ord. 1085 § 1 Ex. A (part), 1987; Ord. 1058 § 1, 1986; Ord. 1008 §§ 2, 3, 1984; Ord. 1006 § 1 (part), 1984; Ord. 946 § 4,
1983; Ord. 941 § 1 (part), 1982: prior code § 9202.8)
17.08.070 Mineral extraction.
Commercial mining is prohibited within city limits. (Ord. 1365 § 3 (part), 2000: Ord. 1265 § 2 Ex. A, 1994)
Chapter 17.92
ONSHORE SUPPORT FACILITIES
Sections:
17.92.010 Findings.
17.92.020 Prohibited.
17.92.010 Findings.
A. There is a strong likelihood that serious adverse effects will result from onshore processing, storage or related
service facilities supporting offshore oil and gas development authorized by the federal and state governments.
Packet Page 126
CITY OF SAN LUIS OBISPO ZONING REGULATIONS – TITLE 17
2-11
B. Such facilities would threaten the community’s vital economy and environmental quality. (Ord. 1071 § 2 (1) (part),
1986)
17.92.020 Prohibited.
No onshore support facility for offshore oil or gas development shall be allowed or permitted within the city until such
time that the council proposes the inclusion of such uses in an appropriate zone district or districts, and such proposal
has been approved by a vote of the people of the city. For the purpose of this chapter, the term “onshore support
facility” means any activity or land use required to support directly the exploration, development, production, storage,
processing, transportation or related aspects of offshore energy resource extraction. (Ord. 1071 § 2 (1) (part), 1986)
INSERT REVISED TABLE 9 HERE
Packet Page 127
Note:
AG C/OS R1 R2 R3 R4 PF
O (1)C-N C-C
C-R C-D C-T C-S M BP
Agricultral Accessory Structure AA
Animal Husbandry and Grazing AA
A MUP D A D A D A D A D A
A A A MUP MUP
CUP CUP
PC PC
A A PC
Fuel Dealer (propane, etc)MUP A See also Section XXX (Hazardous Materials
D A
AAA AA
CUP A A A A See also Section XXX (Hazardous Materials
A A
CUP CUP See also Section XXX (Hazardous Materials
D A AASee also Section XXX (Hazardous Materials
D
A A
A A A
Recycling - Small Collection Facility MUP MUP MUP A
Recycling - Collection and Processing Facility MUP
D
PC A MUP D A See also Section XXX (Hazardous Materials
MUP
Storage Yard Outdoor Storage MUP A MUP
Storage - Personal Storage facility AA
Warehousing and Indoor Storage AAPC MUP
Wholesaling and distribution AAPC MUP
Food bank/packaged food distribution center D D
MUP CUP CUP A A A
See Section 17.xx.xxx (Bed and Breakfast
Establishments)
CUP CUP A CUP CUP CUP CUP CUP CUP CUP CUP 17.08.110 and GC Section 65583(a)(4)
CUP CUP A A A
AAACUP CUP
PC
CUP
Vacation Rental 17.22.G
Club, lodge, private meeting hall D D A D D A/D D D
Cultural Institutions CUP A A A CUP
Golf Course PC
Library, museum PC D D D D
Library, branch facility D D D D
Clinic, laboratory, urgent care MUP MUP A MUP MUP MUP See also Section 17.36.030.C and 17.42.030.A
Hospital CUP CUP
Medical service - Extended care PC PC D PC PC D
Convalescent hospital PC PC
Park, playground Park and Recreation Facilities D D AAAAD A D A A A AAAAAAParks and Recreation Commission review required.
Public Assembly Facilities CUP A MUP MUP M/A MUP CUP
Religious Assembly Facilities CUP MUP MUP MUP MUP A MUP MUP A M/A MUP(7)MUP(7)MUP(7)42 U.S.C. §§ 2000cc, et seq.
PC PC
Schools - Colleges, university campus CUP
Schools - Primary elementary, middle, and Secondary CUP CUP MUP MUP CUP CUP CUP MUP CUP See Section 17.xx.xxx (Schools)
Schools - Specialized Education/Training PC A/D A A/D A A
Schools - Trade Schools CUP MUP MUP MUP
Sports and active recreation facility PC PC PC PC
Sports and entertainment assembly facility CUP CUP
School - College, university - Satellite classroom facility
Bed and Breakfast Inn Establishment
Hotels and Motels
Recreational vehicle (RV) park accessory to hotel, motel
RV Parks
Hospitals and Clinics
School - Boarding school, elementary, middle, secondary
LODGING
Industrial rResearch and development
Salvage and Wrecking
A = Allowed MUP = Director's Minor Use Permit approval required CUP = Planning Commission Conditional Use Permit approval required
M/A = Director's Minor Use Permit approval required on ground floor along street frontage, allowed on second floor or above
PUBLIC AND QUASI-PUBLIC USES
AGRICULTURE
INDUSTRY, MANUFACTURING & PROCESSING, WHOLESALING
Permit Requirement by Zoning District
Warehousing, Storage, and Distribution
Recycling
Table 92-1: Uses Allowed By Zone
Community Garden
Crop production
Key:
Land Use Specific Use Regulations
Footnotes affecting specific land uses follow the table.
Greenhouse/Plant Nursery, Commercial
Livestock feed lot
Laundry, dry cleaning plant
Manufacturing - Heavy
Manufacturing - Light
Petroleum product storage and distribution
Photo and film processing lab
Printing and publishing
Recycling facilities - Scrap and dismantling yard
Bakery, wholesale
Furniture and fixtures manufacturing, cabinet shop
Handicraft Manufacturing
Laboratory - Medical, Analytical, Research, Testing
Homeless shelter
Hostel
Packet Page 128
Note:
AG C/OS R1 R2 R3 R4 PF
O (1)C-N C-C
C-R C-D C-T C-S M BP
A = Allowed MUP = Director's Minor Use Permit approval required CUP = Planning Commission Conditional Use Permit approval required
M/A = Director's Minor Use Permit approval required on ground floor along street frontage, allowed on second floor or above
Permit Requirement by Zoning District
Table 92-1: Uses Allowed By Zone
Key:
Land Use Specific Use Regulations
Footnotes affecting specific land uses follow the table.
General Residential Housing Types
Single-Unit Dwellings, Detached A -A(2)AAA AMUP MUP
Secondary Accessory Dwelling Units A A A A A Chapter 17.21 and GC Section 65852.150 a
Multi-family-Unit Residential dwellings AAA AMUP MUP
Boarding/rooming House, dormitory CUP D CUP MUP MUP Chapter 17.20
Caretaker quarters AAAAAAAAAAAAAAAMUP
Continuing Care Community MUP MUP MUP MUP MUP MUP MUP
Convents and Monastaries PC A A D
Elderly and Long Term Care MUP MUP MUP M/A M/A MUP
Daycare - Family Day Care Home (Small and Large)A -AAAA AAAAAAAA 17.08.100 and H&SC Section 1597.40
Fraternities and Sororities CUP CUP
Residential Hospice In-Patient Facility CUP CUP MUP CUP CUP MUP
High occupancy residential use MUP MUP 17.XX.XXX
Live/work units A A A A A 17.08.120
A A A A A A A A
Mobile Home Park AAAA GC Section 65852.7, 65863.7, 65863.8
A-AAAA AM/A M/AM/AMUP Muliple state statutes
-A MUP A MUP A MUP A MUP MUP A/ MUPA/ MUP -Muliple state statutes
Rest home A A A A A D A/D A/D D
Supportive and/or Transitional Housing, with On or Off-Site Services AAAAMUPAMUP MUP GC Section 65583(a)(5)
Work/live units D D 17.08.120
Mixed-use project Development AAAAAAPC MUP CUP 17.08.072
Adult Entertainment Businesses AA Chapter 17.95 and GC Section 65850.4
Animal Boarding/Kennels
CUP MUP MUP
Outdoor runs and kennel areas shall be
allowed only in the C-S zone. See also
17.XX.XXX (Household Pets Boarding and
Kennels)
Animal Grooming AAAA AMUP
Animal Retail Sales MUP A A A A
Veterinary clinic/hospital, boarding Services, Large Animal CUP -MUP MUP
Veterinary clinic/hospital, boarding Services, Small Animal, indoor D A D A A A M/A A
D
Bakery, retail A A A A A D D
ATMs AAAAAAAAA
Banks and Credit Unionsfinancial services A A A A MUP MUP MUP
See also Section 17.36.030.B (Offices in C-S
Zone) and Section 17.40.030.A (Offices in the M
Zone).
Check Cashing Shops/Payday Loans MUP MUP
Business Support Services A A A M/A A A A
Cemetery, mausoleum, columbarium CUP CUP CUP CUP CUP CUP CUP CUP CUP CUP
Copying and Quick Printer Service A A A A A A A A
Commercial recreation facility - Outdoor PC PC
Commercial Recreation facility - Indoor Large Scale PC D CUP D CUP D CUP D CUP D CUP CUP MUP
See also Section 17.36.030.D (Commercia
Recreation in the C-S zone) and 17.XX.XXX
(Electronic Game Amusement Centers)
Fitness/health facility Commercial Recreation - Small Scale MUP MUP AD A D A PC A A A MUP
Day Care Center (child/adult)MUPMUPMUPMUPMUPAAAAM/AMUPMUPMUPMUPSee also Section 17.XX.XXX (Day Care)
Bars, Live Entertainment, and Taverns
MUP MUP MUP MUP MUP MUP D(14)
See also Section 17.XX.XXX (Alcoholic
Beverage Sales - Bar, Live Entertainment,
Late Night Service) and Section 17.xx.xxx
(Adult Entertainment Businesses)
Night club D D D D D D PC(14)Chapter 17.95
Outdoor BBQ/Grill, accessory to restaurant D D D D D D D
Restaurant AAAAAD A MUP MUP
Restaurant with late hour alcohol service
MUP MUP MUP MUP MUP MUP MUP MUP
17.11 & 17.100.R. See also Section
17.XX.XXX (Alcoholic Beverage Sales -
Bar, Live Entertainment, Late Night
Service)
Wine tasting room - off site D D D D D D D
Groceries, specialty foods General Market
AAAACUP See also Section 17.26.030.B.1 (General
Markets and Convience Sores)
Convenience Store
MUPMUPMUP AAAAAMUPMUPMUP
See also Section 17.26.030.B.1 (General
Markets and Convience Sores) and
17.08.095
Produce Stand MUP MUP A A A A
Liquor Store/Alcohol Sales MUP MUP MUP MUP CUP
See also Section 17.26.030.B.2 (Liquor
Stores) and Section 17.11
Catering service Food Preparation -A --AA
Mortuary, Funeral Parlors and Internment Services MUP MUP A MUP
Studio - Art, Dance, Martial Arts, Music, etc. Instructional Services MUP CUP MUP M/A A M/A CUP A MUP
Maintenance and Repair Servicesservice, client site services A A CUP
A A D
Office - Accessory A A A A A A A A
Repair service - Equipment, large appliances, etc.
Veterinary clinic/hospital, boarding, small animal, outdoor
Mobile home as temporary residence at building site
Residential Care Facilities - 6 or fewer residents
Food and Beverage Sales
Eating and Drinking Establishments
Banks and Financial Insitutions
Animal Care, Sales and Services
MIXED USES
COMMERCIAL USES
RESIDENTIAL USES
Residential Care Facilities - 7 or more residents
Packet Page 129
Note:
AG C/OS R1 R2 R3 R4 PF
O (1)C-N C-C
C-R C-D C-T C-S M BP
A = Allowed MUP = Director's Minor Use Permit approval required CUP = Planning Commission Conditional Use Permit approval required
M/A = Director's Minor Use Permit approval required on ground floor along street frontage, allowed on second floor or above
Permit Requirement by Zoning District
Table 92-1: Uses Allowed By Zone
Key:
Land Use Specific Use Regulations
Footnotes affecting specific land uses follow the table.
Business and Professional Offices
MUP A A A M/A M/A MUP MUP
In the C-S zone, a Minor Use Permit is
required for office uses on the ground
floor. See also Section 17.XX.XXX.B
(Offices in the C-S Zone) and Section
Medical and Dental Offices service - Doctor office
A A/ MUP A M/A MUP MUP
See also Section 17.xx.XXX (Medical
Services in the C-S zone) and Section
17.xx.xxx (Offices in the M Zone).
Office - Business and service A A A A/D D (4)D(4)D
Office - Government D PC A A PC
Office - Processing D D D D(4)D(4)A
Office - Production and administrative A A/D A A/D D(4)D(4)A
Office - Professional A A/D A A/D D
Personal Services AAAAMUPA MUP
Personal services - Restricted D D
Residential Support Services A A A A
See also Section 17.26.030.A (Maximum
Retail Sales Building Size in the C-N
Zone) and 17.30.030.A (Maximum Retail
Sales Building Size in the C-R Zone) and
17.32.030 (Maximum Retail Sales Building
Size in the C-D Zone), and 17.34.030
(Maximum Retail Sales Building Size in
the C-T Zone) and 17.36.030.A (Maximum
Retail Building Size in the C-S Zone)
Building and landscape Materials salesand Services - Indoor AAA AA
Building and landscape Materials salesand Services - Outdoor MUP A MUP A A
Equipment rental A A D
General retail - 2,000 sf or less A(3)A A A A
General retail - More than 2,000 sf, up to 15,000 sf D(3)D A A
General retail - More than 15,000 sf, up to 45,000 sf D A A D
General retail - More than 45,000 sf, up to 60,000 sf D A A
General retail - More than 60,000 sf, up to 140,000 sf PC PC PC
Extended hour retail MUP MUP MUP MUP MUP MUP MUP MUP
General Retail MUP D A A A MUP MUP
Large-Scale Retail CUP CUP CUP
Nurseries and Garden Centers CUP A A
Farm supply and feed store PC A A
Furniture, furnishings, and appliance stores A A A A
Photographer, photographic studio A A A/D PC A
Warehouse stores - 45,000 sf or less gfa D D D
Warehouse stores - more than 45,000 sf gfa PC PC PC
Social service organization D A D A A A D D D
Theaters
PC MUP MUP MUP MUP
Only nonprofit theaters are allowed in the
PF zone. See also Chapter 17.95: Adult
Entertainment Businesses.
Theater - Drive-In PC PC
Office-supporting retail, 2,000 sf or less A A A A A D
D D A A D
Auto and Vehicle Sales and Rental MUP CUP A PCMUP
Large Vehicle, Construction and Heavy Equipment Sales, Service, and Rental MUP D A
Mobile home, RV, and boat sales A PC
Service/Fueling Stations (see also "vehicle services")MUP MUP MUP MUP A 17.08.030
Auto parts sales, with installation D(5)A A
Auto parts sales, without installation A A D A A
Vehicle services - Major Repair/Body Work A A MUP
Vehicle services - Minor Repair/Maintenance CUP MUP A A MUP
Vehicle services - Washing MUP MUP CUP MUP MUP
Airport CUP CUP CUP MUP
MUP MUP MUP MUP MUP MUP MUP MUP MUP MUP MUP
See Section 17.xx.xxx (Wireless)
17.16.120, 47 USC Section 332(c)(7) of
the Telecommunications Act, Pub. Util.
Code Sec. 7901 et seq., GC Section
65850.6
Freight/Truck Terminals A A MUP
A MUP MUP
Backlots/outdoor facilities and Soundstages MUP MUP MUP
Broadcast Studios A A M/A A A A
Heliport CUP CUP CUP CUP
Parking facility PC(6)PC(6)D(6)PC(6)D(6)D(6)
Parking structure facility - Multi-level CUP CUP CUP CUP CUP CUP
See also Section 17.xx.xxx (Parking as a
Principal Use)
Public Safety Facilities CUP CUP
Railroad facilities D A
Transit station or terminal CUP CUP CUP MUP A
Transit stop A A A A A A A A
Public Utilities Facilities PC
Facilites with on-site staff CUP CUP CUP CUP CUP CUP CUP CUP CUP CUP CUP CUP CUP CUP CUP CUP
Facilites with no on-site staff (unmanned)MUP MUP MUP MUP MUP MUP MUP MUP MUP MUP MUP MUP MUP MUP MUP MUP
Office-supporting retail, More than 2,000, up to 5,000 sf
Retail Sales
Offices
Media Production
Ambulance, taxi and/or limousine dispatch Light Fleet-Based Services
TRANSPORTATION, COMMUNICATIONS, & UTILITIES
Ground-mounted equipment in residential
zones shall be screened by landscaping to
Antennas and Telecommunications Facilities Wireless Telecommunications
Faciiities
Vehicle Sales and Services
Packet Page 130
Note:
AG C/OS R1 R2 R3 R4 PF
O (1)C-N C-C
C-R C-D C-T C-S M BP
A = Allowed MUP = Director's Minor Use Permit approval required CUP = Planning Commission Conditional Use Permit approval required
M/A = Director's Minor Use Permit approval required on ground floor along street frontage, allowed on second floor or above
Permit Requirement by Zoning District
Table 92-1: Uses Allowed By Zone
Key:
Land Use Specific Use Regulations
Footnotes affecting specific land uses follow the table.
Transmission Lines CUP CUP CUP CUP CUP CUP CUP CUP CUP CUP CUP CUP CUP CUP CUP CUP
PC PC
Educational Conferences Housing MUP MUP MUP MUP 17.08.010.C.6
Home Occupation
Office - Temporary
Outdoor temporary and/or seasonal sales
Parking facility - Temporary CUP MUP MUP MUP MUP MUP MUP MUP MUP 17.08.010
Safe Parking PC PC PC PC CUP CUP CUP CUP CUP CUP CUP CUP CUP See also Section 17.xx.xxx (Safe Parking)
Special event MUP MUP MUP MUP MUP MUP MUP MUP MUP 17.08.010
Vending machine 17.08.050
See Section 17.08.020
See Section 17.08.020Food Trucks
See Section 17.08.010.C
See Section 17.08.140
See Section 17.08.090
Homestay Rentals
zones shall be screened by landscaping to
the satisfaction of the Director.
See Section 17.08.050
Water and wastewater treatment plants and services
SPECIFIC AND TEMPORARY LAND USES
Packet Page 131
CITY OF SAN LUIS OBISPO ZONING REGULATIONS – TITLE 17
2-12
CHAPTER 17.12. AGRICULTURAL (AG) ZONE
17.12.010 – Purpose and Application
17.33.010 Purpose and application.
The AG zone is intended to encourage conservation of agricultural lands and continuation of agricultural uses and
keeping of livestock where compatible with urban development. It will be applied to areas designated on the general
plan map as “conservation open space” and “interim open space” and where there has been a history of agricultural
cultivation and keeping of livestock. (Ord. 1365 § 2 (part), 2000)
17.12.020 – Development Standards
17.33.020 Property development standards.
The general property development standards for the AG zone areshall be as follows:
A. Maximum density: One dwelling per twenty acres; except, that each legal lot of record may have one dwelling.
B. Minimum parcel size: Five acres, or more as designatedset forth in the zone suffix (Table 2-2: AG-20 requires a
minimum parcel size of twenty acres).
C. Minimum street yard: Twenty feet.
D. Minimum other yards: Twenty feet.
E. Maximum height: Thirty-five feet.
F. Maximum pavement and building area: Buildings and paved surfaces, such as parking and roads, shall not exceed
five percent of site area for a parcel smaller than ten acres or three percent of site area for a parcel ten acres or
larger.
G. Parking requirements: Zone Development Standards. See also Section 17.16.060. (Ord. 1365 § 2 (part),
2000)16.18.030 (Subdivisions; Lot Dimensions) for minimum lot dimensions.
Table 2-2: AG Zone Development Standards
Development Standard AG Zone Additional Regulations
Maximum Residential
Density
1 unit/20 acres Each legal lot of record, regardless of size, may have one
dwelling.
Minimum Parcel Size 5 acres The minimum parcel size may be required to be larger than 5
acres as designated by the zone suffix. For example, AG-20
requires a minimum parcel size of 20 acres.
Minimum Setback
Front 20 feet
Side 20 feet
Rear 20 feet
Maximum Building Height 35 feet
Maximum Impervious
Surface Area
Parcel <10 acres 5%
Parcel ≥ 10 acres 3%
Packet Page 132
CITY OF SAN LUIS OBISPO ZONING REGULATIONS – TITLE 17
2-13
CHAPTER 17.14. CONSERVATION/OPEN SPACE (C/OS) ZONE
17.14.010 – Purpose and Application
17.32.010 Purpose and application.
A.
A. General Application. The C/OS zone generally will be applied to areas which are most suitable for open space
uses because of topography, geology, vegetation, soils, wildlife habitat, scenic prominence, agricultural value or
flood hazard, or flood hazards. Land and water areas in the C/OS zone remain in a predominantly natural or
undeveloped state generally free of structures.
B.B. Natural Hazards. The C/OS zone is intended to prevent exposure orof urban development to unacceptable
risks posed by natural hazards and to protect natural resources from disruptive alterations. To these ends, it is
further intended to prevent the subdivision of such lands.
C. It will be applied as a permanent zone to areas designated “open space” or “park” on the general plan map. It may
also be applied to areas designated “interim open space” where development is contingent on prerequisites
identified in the general plan text. (Ord. 1346 § 2 (part), 1999; Ord. 941 § 1 (part), 1982: prior code § 9203.5(A))
Natural and Historic Resources. The C/OS zone provides for the protection and preservation of the
community’s natural and historic resources, defines the urban boundary, and provides visual and physical relief
from urban development.
17.14.020 – Development Standards
17.32.020 Property development standards.
The general property development standards for the C/OS zone areshall be as follows:
A. Maximum density: One dwelling per five or more acres, as indicatedset forth in the zone designation.
Table 2-3. See also Section 16.18.030 (Subdivisions;
B. Minimum parcel size: Five or more acres, as noted in the number which is part of the zone designation (C/OS 40
requires forty acres).
C. Minimum street yard: Twenty feet.
D. Minimum other yards: Twenty feet.
E. Maximum height: Thirty-five feet.
F. Standard Lot Dimensions.
1. Minimum lot area: Five acres or more as required by zone.
2. Minimum lot width: Two hundred feet.
3. Minimum lot depth: Two hundred feet.
4. Minimum street frontage: Twenty feet.
Packet Page 133
CITY OF SAN LUIS OBISPO ZONING REGULATIONS – TITLE 17
2-14
G. Maximum pavement and building area: Buildings and paved surfaces, such as parking and roads, shall not exceed
five percent of site area) for a parcel smaller than ten acres or three percent of site area for a parcel ten acres or
larger.minimum lot dimensions.
H. Parking: See Section 17.16.060. (Ord. 1500 § 3 (part), 2007; Ord. 1365 § 3 (part), 2000; Ord. 941 § 1 (part), 1982:
prior code § 9203.5(B))
Table 2-3: C/OS Zone Development Standards
Development Standard C/OS Zone Additional Regulations
Maximum Residential
Density
1 unit per parcel The maximum density may be decreased based on presence
and extent of environmental resources and/or hazards. Such
density will be as indicated by the zone designation.
Minimum Parcel Size 5 acres The minimum parcel size may be required to be larger than 5
acres as designated by the zone suffix. For example, C/OS-40
requires a minimum parcel size of 40 acres.
Minimum Setback
Front 20 feet
Side 20 feet
Rear 20 feet
Maximum Building Height 35 feet
Maximum Impervious
Surface Area
>10 acres 5%
10+ acres 3%
Packet Page 134
CITY OF SAN LUIS OBISPO ZONING REGULATIONS – TITLE 17
2-15
CHAPTER 17.16. LOW-DENSITY RESIDENTIAL (R-1) ZONE
17.16.010 – Purpose and Application
The 17.24.010 PurposeR-1 zone provides for low-density residential development and application.
supporting compatible uses that have locations and development forms that provide a sense of both individual identity
and neighborhood cohesion, and that provide private outdoor space for the households occupying individual units. The
R-1 zone is intended primarily to provide housing opportunities for people who want a private open space associated
with individual dwellings. It is intended to preserve existing single-familyunit neighborhoods, provide for compatible infill
development in such areas, and prescribe the overall character of newly subdivided low-density areas. This zone shall
be applied to areas designated “low-density residential” on the general plan map. (Ord. 941 § 1 (part), 1982: prior code
§ 9203.1(A))
17.16.020 – Development Standards
17.24.020 Property development standards.
The
General Development Standards. The general property development standards for the R-1 zone areshall be as
follows:
A. Maximum density: Seven dwellings per net acre (see set forth in Table 2-4: R-1 Zone Development Standards. See
also Section 17.16.010).
B. Yards: See Section 17.16.020.
C. Maximum height: Twenty-five feet; up to thirty-five feet if the director approves an administrative use permit. (See
also Sections 17.16.020 and 17.16.040.)
D. Maximum coverage: Forty percent (see also Section 17.1618.030).
E. Standard (Subdivisions; Lot Dimensions.
A. 1. Minimum) for minimum lot area: Six thousand square feet.dimensions.
Table 2-4: R-1 Zone Development Standards
Development Standard R-1 Zone Additional Regulations
Maximum Density 7 units/net acre See also Section 17.16.010
Maximum FAR 0.4
Maximum FAR may be increased up to 0.50 if
consistent with Section 17.XX.030.A
(Requirements and Findings for FAR Increase
in R-1 Zone). See also Section XX (FAR
Measurement)
Minimum Setbacks
Front 20 feet See also Section XX.XX.XXX: Front Yard
Paving
Interior Side and Rear See Section 17.16.020.B, Table 2-5: R-1 Zone Minimum Interior Side and Rear
Setbacks.
Corner Lot – Street Side 10 feet. See Figure 2-1: Street Side Setback on Corner Lots.
Maximum Building Height 25 feet Roof pitches with a slope of at least 30 degrees
above a horizontal plane, may extend beyond
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the maximum height no more than 30 inches.
See also Sections 17.16.020 and 17.16.040.
Maximum Lot Coverage 40% See also Section 17.16.030
Minimum Lot Area 6,000 square feet See also Section 16.18.030 (Subdivisions; Lot
Dimensions)
Figure 2-1: Street Side Setback on Corner Lots
B. 2. Minimum lot width: Fifty feet.
3. Minimum lot depth: Ninety feet.
4. Minimum street frontage: Twenty feet.
F. Parking requirements: See Section 17.16.060. (Ord. 1500 § 3 (part), 2007; Ord. 941 § 1 (part), 1982: prior code §
9203.1(B))
17.16.040 – Recreational Vehicle Parking
New
17.16.050 – Manufactured Housing
New
Interior Side and Rear Setback Standards. The interior side and rear setback standards for the R-1 zone shall
be as set forth in Table 2-5: R-1 Zone Minimum Interior Side and Rear Setbacks. See also Figure 2-2: R-1 Zone
Minimum Interior Side and Rear Setbacks and Building Height.
Table 2-5: R-1 Zone Minimum Interior Side and Rear Setbacks
Maximum Building Height Minimum Required Setback
A point this high on the roof of a building: Must be at least this far from the property line:
1 – 12 feet 5 feet (minimum setback)
13 – 15 feet 6 feet
16 – 17 feet 7 feet
18 – 19 feet 8 feet
20 – 22 feet 10 feet
23 – 24 feet 12 feet
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25 feet 14 feet
Figure 2-2: R-1 Zone Minimum Interior Side and Rear Setbacks and Building Height
17.16.30 – Additional Standards
A. Requirements and Findings for FAR Increase in R-1 Zone. These regulations are established to encourage
development and additions that are compatible with neighborhood character in the R-1 zone. The maximum FAR
may be increased from 0.4 to 0.5 if the building design incorporates one of the following:
1. Single-Story. Buildings limited to one story with a maximum height of 14 feet to top of a flat roof and 20 feet
to the ridge or peak of a sloped roof (with otherwise permitted exceptions allowed). The allowed single story
shall not include mezzanines or lofts.
2. Greater Setbacks. A second-story step back of at least 5 feet along the front façade facing and provide
second-story side setbacks that are at least 3 feet greater than the minimum required setback.
3. Garage Location. Provide a detached garage located behind the main dwelling.
B. High-Occupancy Residential Use. Refer to Chapter XX: High-Occupancy Residential Use Regulations.
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CHAPTER 17.18. MEDIUM-DENSITY RESIDENTIAL (R-2) ZONE
17.18.010 – Purpose and Application
17.26.010 Purpose and application.
The R-2 zone is intended to provide housing opportunities for people who wantthat have locations and development
forms that provide a sense of both individual identity and neighborhood cohesion for the households occupying them,
but in a more compact residences close toarrangement than in the R-1 zone, and near commercial and public services.
These areasThe R-2 zone generally will usually lieoccur as a transition zone between zones of higher and lower
residential density and/or adjacent to office (O) zones or neighborhood commercial (C-N) zones. This zone will be
applied to areas designated “medium-density residential” on the general plan map. (Ord. 941 § 1 (part), 1982: prior code
§ 9203.2(A))
17.18.020 – Development Standards
17.26.020 Property development standards.
The
General Development Standards. The general property development standards for the R-2 zone areshall be as
follows:
A. Maximum density: Twelve dwelling units per net acre (see set forth in Table 2-6: R-2 Zone Development Standards.
See also Section 17.16.010). For a single-family residence (single unit on one lot) located in the medium-density
residential zone (R-2), density unit values may be rounded up to the nearest one-half density unit (example: 1.37 =
1.5). Condominiums and common interest subdivisions shall conform to standard R-2 density requirements where
maximum density is calculated by rounding to the nearest one-hundredth unit.
18.030 (Subdivisions;
B. Yards: See Section 17.16.020.
C. Maximum height: Thirty-five feet (see also Sections 17.16.020 and 17.16.040).
D. Maximum coverage: Fifty percent (see also Section 17.16.030).
A. E. Standard Lot Dimensions.) for minimum lot dimensions.
1. Minimum lot area: Five thousand square feet.
2. Minimum lot width: Fifty feet.
3. Minimum lot depth: Eighty feet.
4. Minimum street frontage: Twenty feet.
F. Parking requirements: See Section 17.16.060. (Ord. 1553 § 20, 2010; Ord. 1500 § 3 (part), 2007: Ord. 941 § 1
(part), 1982: prior code § 9203.2(B))
17.18.030 – Recreational Vehicle Parking
New
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Table 2-6: R-2 Zone Development Standards
Development Standard R-2 Zone Additional Regulations
Maximum Density 12 units/net acre
See also Section 17.16.010. Regardless of the density
calculation, at least two units shall be allowed on each parcel that
conforms with minimum lot size for the R-2 zone.
Minimum Setbacks
Front 20 feet See also Section XX.XX.XXX: Front Yard Paving
Interior Side and Rear See Section 17.18.020.B, Table X: R-2 Zone Minimum Interior Side and Rear Setbacks.
Corner Lot - Street Side 10 feet. See Figure 2-3: Street Side Setback on Corner Lots.
Maximum Building Height 35 feet See also Sections 17.16.020 and 17.16.040
Maximum Lot Coverage 50% See also Section 17.16.030
Minimum Lot Area 5,000 square feet See also Section 16.18.030 (Subdivisions; Lot Dimensions)
Figure 2-3: Street Side Setback on Corner Lots
B. Interior Side and Rear Setback Standards. The interior side and rear setback standards for the R-2 zone shall
be as set forth in Table 2-7: R-2 Zone Minimum Interior Side and Rear Setbacks. See also Figure 2-4: R-2 Zone
Minimum Interior Side and Rear Setbacks and Building Height.
Table 2-7: R-2 Zone Minimum Interior Side and Rear Setbacks
Maximum Building Height Minimum Required Setback
A point this high on the roof of a building: Must be at least this far from the property line:
1 – 12 feet 5 feet (minimum setback)
13 – 15 feet 6 feet
16 – 17 feet 7 feet
18 – 19 feet 8 feet
20 – 22 feet 9 feet
23 – 24 feet 10 feet
25 – 26 feet 11 feet
27 – 28 feet 12 feet
29 – 31 feet 13 feet
32 – 33 feet 14 feet
34 – 35 feet 15 feet
Figure 2-4: R-2 Zone Minimum Interior Side and Rear Setbacks and Building Height
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17.18.030 – Additional Regulations
A. High-Occupancy Residential Use. Refer to Chapter XX: High-Occupancy Residential Use Regulations.
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CHAPTER 17.20. MEDIUM-HIGH DENSITY RESIDENTIAL (R-3) ZONE
17.20.010 – Purpose and Application
17.28.010 Purpose and application.
The R-3 zone is intended primarily to provide housing opportunities for smaller households desiring littleprovides for
attached dwellings with common outdoor areas and compact private open space and to provide various types of group
housing. These areas areoutdoor spaces. The R-3 zone is generally appropriate near employment centers and major
public facilities, along transit corridors and nodes, and close to commercial and public facilities serving the whole
community and generally committed to this type of development. This zone will be applied to areas designated “medium-
high-density residential” on the general plan map. (Ord. 941 § 1 (part), 1982: prior code § 9203.3(A)).
17.20.020 – Development Standards
17.28.020 Property development standards.
A. General Development Standards. The general
The property development standards for the R-3 zone areshall be as follows:
A. Maximum density: Eighteen dwelling units per net acre (see set forth in Table 2-8: R-3 Zone Development
Standards. See also Section 17.16.010).
18
B. Yards: See Section 17.16.020.
C. Maximum height: Thirty-five feet (see also Sections 17.16.020 and 17.16.040).
D. Maximum coverage: Sixty percent (see also Section 17.16.030).
E. Standard (Subdivisions; Lot Dimensions.
1. Minimum) for minimum lot area: Five thousand square feet.dimensions.
Table 2-8: R-3 Zone Development Standards
Development Standard R-3 Zone Additional Regulations
Maximum Density 20 units/net acre See also Section 17.16.010. Regardless of the
density calculation, at least three units shall be
allowed on each parcel that conforms with minimum
lot size for the R-3 zone.
Minimum Setbacks
Front 10 feet See also Section XX.XX.XXX: Front Yard Paving
Interior Side and Rear See Section 17.203020.B, Table 2-9: R-3 Zone Minimum Interior Side and Rear
Setbacks.
Corner Lot - Street Side 15 feet
Maximum Building Height 35 feet See also Sections 17.16.020 and 17.16.040
Maximum Lot Coverage 60% See also Section 17.16.030
Minimum Lot Area 5,000 square feet/unit See also Section 16.18.030 (Subdivisions; Lot
Dimensions)
Edge Condition
Requirements
See Section XXX
B. 2. Minimum lot width: Fifty feet.
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3. Minimum lot depth: Eighty feet.
4. Minimum street frontage: Twenty feet.
F. Parking requirements: See Section 17.16.060. (Ord. 1500 § 3 (part), 2007; Ord. 941 § 1 (part), 1982: prior code §
9203.3(B))
17.20.030 – Recreational Vehicle Parking
New
Interior Side and Rear Setback Standards. The interior side and rear setback standards for the R-3 zone shall
be as set forth in Table 2-9: R-3 Zone Minimum Interior Side and Rear Setbacks. See also Figure 2-5: R-3 Zone
Minimum Interior Side and Rear Setbacks and Building Height.
Table 2-9: R-3 Zone Minimum Interior Side and Rear Setbacks
Maximum Building Height Minimum Required Setback
A point this high on the roof of a building: Must be at least this far from the property line:
1 – 13 feet 5 feet (minimum setback)
14 – 17 feet 6 feet
18 – 22 feet 7 feet
23 – 26 feet 8 feet
27 – 31 feet 9 feet
32 – 35 feet 10 feet
Note: See also Section XX.XX.XXX (Edge Conditions - Setbacks).
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Figure 2-5: R-3 Zone Minimum Interior Side and Rear Setbacks and Building Height
CHAPTER 17.22. HIGH-DENSITY RESIDENTIAL (R-4) ZONE
17.22.010 – Purpose and Application
17.30.010 Purpose and application.
The R-4 zone is intended primarily to provide housing opportunities for smaller households desiring littleattached
dwellings with common outdoor areas and compact private open spaceoutdoor spaces, and to provideaccommodate
various types of group housing. It is further Further, the R-4 zone intended to allow for concentrations ofdense housing
close to concentrations of employment and college enrollment, in the Downtown core, along transit corridors and nodes,
and in areas largely committed to high-density residential development. It will be applied to areas designated “high
density residential” on the general plan map. (Ord. 941 § 1 (part), 1982: prior code § 9203.4(A))
17.22.020 – Development Standards
17.30.020 Property development standards.
General Development Standards. The general property development standards for the R-4 zone areshall be as
follows:
A. Maximum density: Twenty-four dwelling units per net acre (see set forth in Table 2-10: R-4 Zone Development
Standards. See also Section 17.16.010).
B. Yards: See Section 17.16.020.
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C. Maximum height: Thirty-five feet (see also Sections 17.16.020 and 17.16.040).
D. Maximum coverage: Sixty percent (see also Section 17.1618.030).
(Subdivisions;
E. Standard Lot Dimensions.
A. 1. Minimum) for minimum lot area: Five thousand square feet.dimensions.
Table 2-10: R-4 Zone Development Standards
Development Standard R-4 Zone Additional Regulations
Maximum Density 24 units/net acre See also Section 17.16.010. Regardless of the
density calculation, at least four units shall be allowed
on each parcel that conforms with minimum lot size
for the R-4 zone.
Minimum Setbacks
Front 10 feet See also Section XX.XX.XXX: Front Yard Paving
Interior Side and Rear See Section 17.22.020.B, Table 2-11: R-4 Zone Minimum Interior Side and Rear
Setbacks.
Corner Lot - Street Side 15 feet
Maximum Building Height 35 feet See also Sections 17.16.020 and 17.16.040
Maximum Lot Coverage 60% See also Section 17.16.030
Minimum Lot Area 5,000 square feet See also Section 16.18.030 (Subdivisions; Lot
Dimensions)
Edge Condition
Requirements
See Section XXX
B. 2. Minimum lot width: Fifty feet.
3. Minimum lot depth: Eighty feet.
4. Minimum street frontage: Twenty feet.
F. Parking requirements: See Section 17.16.060. (Ord. 1500 § 3 (part), 2007; Ord. 941 § 1 (part), 1982: prior code §
9203.4(B))
17.22.030 – Recreational Vehicle Parking
17.30.030—17.30.040 Reserved.*
*Ord. 1265 § 2 Ex. A, adopted June 21, 1994, repealed former §§ 17.30.030 and 17.30.040, relative to neighborhood
grocery markets, which derived from Ord. 1180 § 2, 1990.
Interior Side and Rear Setback Standards. The interior side and rear setback standards for the R-4 zone shall
be as set forth in Table 2-11: R-4 Zone Minimum Interior Side and Rear Setbacks. See also Figure 2-6: R-4 Zone
Minimum Interior Side and Rear Setbacks and Building Height.
Table 2-11: R-4 Zone Minimum Interior Side and Rear Setbacks
Maximum Building Height Minimum Required Setback
A point this high on the roof of a building: Must be at least this far from the property line:
1 – 13 feet 5 feet (minimum setback)
14 – 17 feet 6 feet
18 – 22 feet 7 feet
23 – 26 feet 8 feet
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27 – 31 feet 9 feet
32 – 35 feet 10 feet
Note: See also Section XX.XXX.XX (Edge Conditions - Setbacks).
Figure 2-6: R-4 Zone Minimum Interior Side and Rear Setbacks and Building Height
CHAPTER 17.24. OFFICE (O) ZONE
17.24.010 – Purpose and Application
17.34.010 Purpose and application.
The O zone is intended to provide for offices and related functions close to medical facilities anda diversity of office uses
that meet the downtown, convenient to needs of private businesses and a range of public transportation and related
government and business services.administration uses. The O zone is also intended to provide for the continuation and
of existing, legally established residential uses and the development of new residential uses where theysuch residential
uses will be compatible with neighboring offices. The O zone implements and is consistent with the office land use
category of the general plan. (Ord. 1438 § 1 (part), 2003: Ord. 941 § 1 (part), 1982: prior code § 9203.6(A))
17.24.020 – Development Standards
17.34.020 Property development standards.
The
General Development Standards. The general property development standards for the O zone areshall be as
follows:
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A. Maximum density: Twelve dwelling units per net acre (see set forth in Table 2-12: O Zone Development Standards.
See also Section 17.16.010).
18
B. Yards: See Section 17.16.020.
C. Maximum height: Twenty-five feet; thirty-five feet with the approval of an administrative use permit in compliance
with Section 17.22.010, Table 9, Footnote 1 (also see Sections 17.16.020 and 17.16.040).
D. Maximum coverage: Sixty percent (see also Section 17.16.030).
E. Maximum floor area ratio: The ratio of gross building floor area to site area shall not exceed 1.5.
A. F. Standard (Subdivisions; Lot Dimensions.) for minimum lot dimensions.
1. Minimum lot area: Five thousand square feet.
2. Minimum lot width: Fifty feet.
3. Minimum lot depth: Eighty feet.
4. Minimum street frontage: Twenty feet.
G. Parking requirements: See Section 17.16.060. (Ord. 1500 § 3 (part), 2007; Ord. 1365 § 3 (part), 2000: Ord. 1088 §
1 Ex. A(4), 1987; Ord. 941 § 1 (part), 1982: prior code § 9203.6(B))
Table 2-12: O Zone Development Standards
Development Standard O Zone Additional Regulations
Maximum Density 12 units/net acre See also Section 17.16.010. Regardless of the density
calculation, at least two units shall be allowed on each parcel
that conforms with minimum lot size for the O zone.
Minimum Setbacks
Front 15 feet
Interior Side and Rear See Section 17.24.020.B, Table 2-13: O Zone Minimum Side and Rear Setbacks.
Corner Lot - Street Side 15 feet
Maximum Building Height 35 feet See also Sections 17.16.020 and 17.16.040.
Maximum Lot Coverage 60% See also Section 17.16.030
Maximum Floor Area Ratio 1.5
Minimum Lot Area 5,000 square feet See also Section 16.18.030 (Subdivisions; Lot Dimensions)
Edge Condition
Requirements
See Section XXX
B. Interior Side and Rear Setback Standards. The interior side and rear setback standards for the O zone shall be
as set forth in Table 2-13: O Zone Minimum Interior Side and Rear Setbacks. See also Figure 2-7: O Zone Minimum
Interior Side and Rear Setbacks and Building Height.
Table 2-13: Minimum Interior Side and Rear Setbacks in O Zones
Maximum Building Height Minimum Required Setback
A point this high on the roof of a building: Must be at least this far from the property line:
1 – 13 feet 5 feet (minimum setback)
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14 – 17 feet 6 feet
18 – 22 feet 7 feet
23 – 26 feet 8 feet
27 – 31 feet 9 feet
32 – 35 feet 10 feet
Note: See also Section XX.XXX.XX (Edge Conditions - Setbacks)
Figure 2-7: O Zone Minimum Interior Side and Rear Setbacks and Building Height
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CHAPTER 17.26. NEIGHBORHOOD COMMERCIAL-NEIGHBORHOOD (C-N) ZONE
17.26.010 – Purpose and Application
17.38.010 Purpose and application.
The C-N zone is intended to provideaccommodate the establishment and operation of small-scale, pedestrian-oriented,
and low-impact retail sales and personal services businesses primarily for the convenience of people in surrounding
residential areas, in small-scale, pedestrian-oriented developments. Individual, small-scale retail establishments should
provide several types of merchandise (as in the example of a neighborhood market providing groceries, household
items, magazines, etc.), as opposed to a business offering a wide selection of a single type of merchandise (for example,
shoes, books, etc.). The C-N zone implements and is consistent withmeet the neighborhood commercial land use
category of the general plan. (Ord. 1438 § 1 (part), 2003: Ord. 941 § 1 (part), 1982: prior code § 9203.8(A))frequent
shopping needs of people living nearby.
17.26.020 – Development Standards
17.38.020 Property development standards.
The
General Development Standards. The general property development standards for the C -N zone are as follows:
A. Maximum density: Twelve units per net acre (see Section 17.16.010).
B. Yards: See Section 17.16.020.
C. Maximum height: Thirty-five feet (see also Sections 17.16.020 and 17.16.040).
D. Maximum coverage: Seventy-five percent (see also Section 17.16.030).
E. Maximum floor area ratio: The ratio of gross building floor area to site area shall not exceedbe as set forth in Table
2.0.
F. Standard-14: C-N Zone Development Standards. See also Section 16.18.030 (Subdivisions; Lot Dimensions.
A. 1. Minimum) for minimum lot area: Six thousand square feet.dimensions.
Table 2-14: C-N Zone Development Standards
Development Standard C-N Zone Additional Regulations
Maximum Density 12 units/net acre See also Section 17.16.010. Regardless of the density
calculation, at least two units shall be allowed on each parcel
that conforms with minimum lot size for the C-N zone.
Minimum Setbacks
Front 10 feet
Interior Side and Rear See Section 17.26.020.B, Table X: C-N Zone Minimum Side and Rear Setbacks.
Corner Lot - Street Side 10 feet
Maximum Building Height 35 feet See also Sections 17.16.020 and 17.16.040
Maximum Lot Coverage 75% See also Section 17.16.030
Maximum Floor Area Ratio 2.0
Minimum Lot Area 6,000 square feet See also Section 16.18.030 (Subdivisions; Lot Dimensions)
Edge Condition
Requirements
See Section XXX
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B. 2. Minimum lot width: Sixty feet.
3. Minimum lot depth: Ninety feet.
4. Minimum street frontage: Forty feet.
G. Parking requirements: See Section 17.16.060.
H. Maximum building size: No Interior Side and Rear Setback Standards. The interior side and rear setback
standards for the C-N zone shall be as set forth in Table 2-15: C-N Zone Minimum Interior Side and Rear Setbacks.
See also Figure 2-8: C-N Zone Minimum Interior Side and Rear Setbacks and Building Height.
Table 2-15: Minimum Interior Side and Rear Setbacks in C-N Zones
Maximum Building Height Minimum Required Setback
A point this high on the roof of a building: Must be at least this far from the property line:
1 – 13 feet 5 feet (minimum setback)
14 – 17 feet 6 feet
18 – 22 feet 7 feet
23 – 26 feet 8 feet
27 – 31 feet 9 feet
32 – 35 feet 10 feet
Note: See also Section XX.XXX.XX (Edge Conditions).
Figure 2-8: C-N Zone Minimum Interior Side and Rear Setbacks and Building Height
17.26.030 – Additional Regulations
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A. Maximum Retail Sales Building Size in the C-N Zone. A retail establishment (commercial building) shall
exceed forty-five thousand square feet of total gross floor area, unless excepted by Section 17.16.035. (Ord. 1500 §
3 (part), 2007; Ord. 1405 § 3 (part), 2001; Ord. 1365 § 3 (part), 2000: Ord. 941 § 1 (part), 1982: prior code §
9203.8(B))
3. C-N Zone – Limitations on Floor Area. A general retailsales use in the C-N zone shall not exceed a gross floor area of two
thousand2,000 square feet for each establishment, or a combined floor area of 15,000 square feet for all general retail
sales establishments within a shopping center of twenty-five percent of the total floor area in a shopping center with a gross floor
area of fifteen thousand square feet or more; and shall not exceed fifty percent of the total floor area in a shopping center with a gross floor
area of less than fifteen thousand square feet. The administrative use permit may provide for exceptionsExceptions to the floor area
limitations above. For general retail uses up to a parcel not located within a shopping center, an administrative use permit shall be
required require Minor Use Permit approval to ensure consistency with policies of the general plan land use
elementGeneral Plan Land Use Element and compatibility with surrounding uses.
10. Groceries, Liquor, Specialty FoodsB. Food and Beverage Sales in the C-N Zone. In the C-N zone, grocery, liquor and specialty
food stores
1. General Markets and Convenience Stores. General Markets and Convenience Stores with a gross floor area
under three thousand3,000 square feet are allowed by right. Such uses with a gross floor area between three thousand
and five thousand square feet are allowed with the approval of an administrative use permit. Stores between five thousand and ten
thousandexceeding 3,000 square feet may be approved by planning commission use permit. In order for a use permita
Minor Use Permit.
2. Liquor Stores. Liquor stores shall be limited to be approved by the hearing officer or by the planning commission, the
deciding body must find that the proposed use is compatible with surrounding uses and the surrounding neighborhood, and that the
use is consistent with the purpose and intent of the neighborhood commercial designation as discussed in the general plan.3,000
square feet of gross floor area, subject to a Minor Use Permit.
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CHAPTER 17.28. COMMUNITY COMMERCIAL-RETAIL (C-RC) ZONE
17.28.010 – Purpose and Application
17.40.010 Purpose and application.
The C-RC zone is intended to provideaccommodate a wide range of retail sales and personal services that serve
community-wide needs within the context of distinctive, pedestrian-oriented shopping centers which may accommodate
larger-scale uses not appropriate in the Downtown Core.
17.28.020 – Development Standards
The general property development standards for the C-C zone shall be as set forth in Table 2-16: C-C Zone
Development Standards. See also Section 16.18.030 (Subdivisions; Lot Dimensions) for minimum lot dimensions.
Table 2-16: C-C Zone Development Standards
Development Standard C-C Zone Additional Regulations
Maximum Density 36 units/net acre See also Section 17.16.010
Minimum Setbacks
Front 5 feet
Interior Side and Rear No setback required unless adjacent to zone with minimum setback requirement, in which case
the adjoining setback shall be as provided in the zone of adjacent lot. Lots separated by streets
or other rights-of-way are not considered adjacent. If more than one zone is adjacent, the largest
setback shall be required.
Corner Lot - Street Side 5 feet
Maximum Building Height 35 feet See also Sections 17.16.020 and 17.16.040
Maximum Lot Coverage 75% See also Section 17.16.030
Maximum Floor Area Ratio 2.0
Minimum Lot Area 6,000 square feet See also Section 16.18.030 (Subdivisions; Lot
Dimensions)
Edge Condition
Requirements
See Section XXX
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CHAPTER 17.30. RETAIL COMMERCIAL (C-R) ZONE
17.30.010 – Purpose and Application
The C-R zone is intended to accommodate a wide range of retail sales, business, personal, and professional services,
as well as recreation, entertainment, transient lodging, and somelimited residential uses. The land uses allowed in this
zone will generally serve the entire community and the region, as well as tourists and travelers. The C-R zone
implements and is consistent with the general retail land use category of the general plan, and is intended to be applied
primarily to areas with more public exposure on arterial streets than those reserved for manufacturing. (Ord. 1438 § 1
(part), 2003: Ord. 941 § 1 (part), 1982: prior code § 9203.9(A))
17.2830.020 – Development Standards
17.40.020 Property development standards.
The general property development standards for the C -R zone areshall be as follows:
A. Maximum density: Thirty-six units per net acre for all dwellings, including dwelling unitsset forth in hotels and
motels, but not including other hotel or motel units (see Table 2-17: C-R Zone Development Standards. See also
Section 17.16.010).
18.030 (Subdivisions;
B. Maximum street and other yards: See Section 17.16.020.
C. Maximum height: Forty-five feet (see also Sections 17.16.020 and 17.16.040).
D. Maximum coverage: One hundred percent.
E. Maximum floor area ratio: The ratio of gross building floor area to site area shall not exceed 3.0; except, that in the
downtown as mapped in the general plan land use element, a site which receives transfer of development credit for
open space protection shall have a ratio not to exceed 4.0.
F. Standard Lot Dimensions.
1. Minimum) for minimum lot area: Nine thousand square feet.dimensions.
2. Minimum lot width: Sixty feet.
3. Minimum lot depth: One hundred feet.
4. Minimum street frontage: Forty feet.
G. Parking requirements: See Section 17.16.060.
H.
Table 2-17: C-R Zone Development Standards
Development Standard C-R Zone Additional Regulations
Maximum Density 36 units/acre Maximum density includes dwelling units in hotels and motels,
but not including other hotel or motel rooms such as
conference rooms and dining facilities that are not considered
dwelling units. See also Section 17.16.010.
Minimum Setbacks
Front
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Interior Side and Rear No setback required unless adjacent to zone with minimum setback requirement, in
which case the adjoining setback shall be as provided in the zone of adjacent lot. Lots
separated by streets or other rights-of-way are not considered adjacent. If more than one
zone is adjacent, the largest setback shall be required.
Corner Lot – Street Side
Maximum Building Height 45 feet See also Sections 17.16.020 and 17.16.040
Maximum Lot Coverage 100% See also Section 17.16.030
Maximum Floor Area Ratio 3.0 In the Downtown, as mapped in the General Plan Land Use
Element, a site that receives transfer of development credit for
open space protection may have a FAR of up 4.0.
Minimum Lot Area 9,000 square feet See also Section 16.18.030 (Subdivisions; Lot Dimensions)
Edge Condition
Requirements
See Section XXX
17.30.030 – Additional Regulations
A. Maximum building size: Retail Sales Building Size in the C-R Zone.
1. No retail sales establishment (commercial building) shall exceed sixty thousand60,000 square feet of gross
floor area, unless excepted by subsection (IC.2) of this section and Section or for nonconforming buildings per
Section 17.16.035.
2. I. A An applicant may request a retail sales building larger than 60,000 square feet, but in no case larger than
140,000 square feet through the Conditional Use Permit process. In granting a request for a retail sale
establishment may be allowed of up to one hundred forty thousand140,000 square feet of gross floor area, if
the planning commission determines that it meetsthe Planning Commission shall be required to make all of the
following standardsfindings:
a. The proposed use will serve the community, in whole or in significant part, and the nature of the use
requires a larger size in order to function;
1. The proposed use will serve the community, in whole or in significant part, and the nature of the use
requires a larger size in order to function.
2.
b. The building in which the use is to be located is designed in discrete elements that respect the scale of
development in the surrounding area. ; and
c. 3. The new building is designed in compliance with the city’s design guidelinesCity’s Design Guidelines
for large-scale retail projects. (Ord. 1500 § 3, (part), 2007; Ord. 1405 § 3 (part), 2001; Ord. 1365 § 3 (part),
2000: Ord. 1006 § 1 (part), 1984; Ord. 941 § 1 (part), 1982: prior code § 9203.9(B))
CHAPTER 17.30. COMMERCIAL-COMMUNITY (C-C) ZONE
17.30.010 – Purpose and Application
17.41.010 Purpose and application.
The C-C zone is intended to provide for a wide range of retail sales and personal services within the context of
distinctive, pedestrian-oriented shopping centers that serve customers and clients from all over the city. The C-C zone
implements and is consistent with the community commercial land use category of the general plan. (Ord. 1437 § 2
(part), 2003)
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17.30.020 – Development Standards
17.41.020 Property development standards.
The property development standards for the C-C zone are as follows:
A. Maximum density: Thirty-six units per net acre (see Section 17.16.010).
B. Yards: See Section 17.16.020.
C. Maximum height: Thirty-five feet (see also Sections 17.16.020 and 17.16.040).
D. Maximum coverage: Seventy-five percent (see also Section 17.16.030).
E. Maximum floor area ratio: The ratio of gross floor area to site area shall not exceed 2.0.
F. Standard Lot Dimensions.
1. Minimum lot area: Six thousand square feet.
2. Minimum lot width: Sixty feet.
3. Minimum lot depth: Ninety feet.
4. Minimum street frontage: Forty feet.
G. Parking requirements: See Section 17.16.060. (Ord. 1500 § 3 (part), 2007; Ord. 1437 § 2 (part), 2003)
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CHAPTER 17.32. COMMERCIAL-DOWNTOWN COMMERCIAL (C-D) ZONE
17.32.010 – Purpose and Application
17.42.010 Purpose and application.
The C-D zone is intended to provide foraccommodate a wide range of retail sales, service, and entertainment uses
meetingthat respond to community-wide and regional market demands, and to provide opportunities for a variety of
housing types, including affordable workforce housing. The C-D zone is intended to be applied withinapplies to the
city’sCity’s pedestrian-oriented central business district, where the historical pattern of development creates limitations
on building form and the ability for individual businesses to provide on-site parking. Ground-floor, street-fronting uses
are intended to be generally will be limited to those that attract frequent pedestrian traffic. The C-D zone is intended to
maintain, enhance, and extend the desirable characteristics of the downtown, and also to accommodate carefully
integrated new development. The C-D zone is consistent with and implements the general retail land use category of
the general plan. (Ord. 1509 § 2 (part), 2007: Ord. 1438 § 1 (part), 2003: Ord. 1437 § 1 (part), 2003; Ord. 941 § 1 (part),
1982: prior code § 9203.10(A))
17.32.020 – Development Standards
17.42.020 Property development standards.
The general property development standards for the C-D zone areshall be as follows:
A. Maximum density: Thirty-six units per acre, including dwelling unitsset forth in hotels and motels, but not including
other hotel or motel units (see Table 2-18: C-D Zone Development Standards. See also Section 17.16.010).18.030
(Subdivisions; Lot Dimensions) for minimum lot dimensions.
Table 2-18: C-D Zone Development Standards
Development Standard C-D Zone Additional Regulations
Maximum Density 36 units/net acre Maximum density includes dwelling units in hotels and
motels, but not including other hotel or motel rooms such
as conference rooms and dining facilities that are not
considered dwelling units. See also Section 17.16.010.
Minimum Setbacks
Front No setback required unless adjacent to zone with minimum setback requirement, in which case
the adjoining setback shall be as provided in the zone of adjacent lot. Lots separated by streets
or other rights-of-way are not considered adjacent. If more than one zone is adjacent, the largest
setback shall be required.
Interior Side and Rear
Corner Lot – Street Side
Maximum Building Height 50 feet Maximum height may be increased up to 75 feet with the
provision of defined community benefits, as set forth in
Section 17.32.030 (Maximum Building Height in C-D
Zone). See also Sections 17.16.020 and 17.16.040.
Minimum Building Height 2 stories The minimum building height shall be 2 stories adjacent
to all street frontages.
Maximum Lot Coverage 100% See also Section 17.16.030
Maximum Floor Area Ratio 3.0 – maximum allowed for buildings up to 50 feet in height
3.75 – maximum allowed for buildings approved greater than 50 feet in height
4.0 – maximum allowed for approved buildings over 50 feet in height with transfer of development
credits for open space protection or historic preservation.
Minimum Lot Area 3,000 square feet See also Section 16.18.030 (Subdivisions; Lot
Dimensions)
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Table 2-18: C-D Zone Development Standards
Development Standard C-D Zone Additional Regulations
Edge Condition
Requirements
See Section XXX
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17.32.030 – Additional Regulations
A. Maximum Retail Sales Building Size in the C-D Zone.
No retail sales establishment (commercial building) shall exceed 60,000 square feet of gross floor area, unless excepted
by subsection (C.2
1. B. Yards: See) of this Section or for nonconforming buildings per Section 17.16.020035.
2. An applicant may request a retail sales building larger than 60,000 square feet, but in no case larger than
140,000 square feet through the Conditional Use Permit process. In granting a request for a retail
establishment of up 140,000 square feet of gross floor area, the Planning Commission shall make all of the
following findings:
a. The proposed use will serve the community, in whole or in significant part, and the nature of the use
requires a larger size in order to function;
b. The building in which the use is to be located is designed in discrete elements that respect the scale of
development in the surrounding area; and
c. The new building is designed in compliance with the City’s Design Guidelines for large-scale retail projects.
B. Limitations on New Driveways. Although residential uses are encouraged in the C-D zone, it is not the intent of
the City to ensure that parking is provided on site for residential uses. Therefore, there is no guarantee of parking
availability, either on site or off site, for downtown residential projects. On-site parking may be considered
inappropriate at certain downtown locations where the pedestrian experience would be harmed by vehicle ingress
and egress across the sidewalk. In order to maintain pedestrian orientation and the continuity of sidewalks within
the C-D zone, the installation of new driveway approaches is subject to the Director’s Action. When new driveway
approaches are proposed in conjunction with an application for review by the Architectural Review Commission, a
separate planning application shall not be required. In order to approve the new driveway approach, the Director
shall make at least one of the following findings:
1. The proposed driveway approach will not harm the general health, safety, and welfare of people living or
working in the vicinity of the project site because the number of vehicles expected to use the driveway is limited
(fewer than 10 spaces) and there are no other alternatives, such as service alleys, to provide vehicle access
to the site.
2. The proposed driveway approach is located along a nonarterial street and will not significantly alter the
character of the street or pedestrian circulation in the area in consideration of the characteristics of pedestrian
flow to and from the project site and surrounding uses.
3. The proposed driveway approach is a shared facility and provides efficient access to more than a single project
in a way that eliminates the need for additional driveways.
4. The proposed driveway approach provides access to public parking.
C. Residential Required. All new commercial developments in the C-D Zone shall include housing, unless the City
makes one of the following findings:
1. Housing is likely to jeopardize the health, safety, or welfare of residents or employees; or
2. All of the findings listed for Variances in Section 17.xx.xxx (Required Findings).
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D. C-D Zone – Required findings for Ground-floor Offices. These regulations recognize the City’s objective to
encourage a pedestrian-oriented and lively street front along all properties in the C-D zone, and that office uses
on the ground-floor do not contribute to achieving this objective, given that office uses typically have more limited
hours of operation than retail or dining establishments. Thus, no ground-floor office use in the C-D zone shall be
permitted unless the review authority can make the following findings:
1. As conditioned, the proposed use will not be detrimental to the health, safety, or welfare of persons living or
working at the site or in the vicinity because the proposed use will provide both retail sales and services
consistent with surrounding uses.
2. The proposed use is consistent with the General Plan Policy 4.20.1 because the nature of the business
includes an office that has frequent client visits which accommodate “walk-in” service for the community, and
also provides visible retail merchandise, thereby benefiting from and contributing to pedestrian traffic on
Chorro Street.
E. C. Maximum height: Fifty feet (see also Sections 17.16.020 and 17.16.040). Additional building height up to
seventy-five feet may be approved as provided under subsections (C)(1), (2), (3) and (4) of this section.
1. Performance Standards for Buildings Taller Than Fifty Feet (All Required).
a. The project must Maximum Building Height in the C-D Zone.
1. Intent of Allowing Height Increases in the C-D Zone. These regulations are established to allow for buildings
higher than 50 feet in the C-D zone to encourage creative building design, mixed-use developments, and
accommodation of additional residential units in the Downtown Core, provided that such taller buildings,
through discretionary review processes, contribute defined community benefits and further the goals of the
Downtown Core as stated in the Land use Element of the General Plan.
2. Requirements for All Buildings Higher Than 50 Feet. All buildings in the C-D zone proposed to be higher
than 50 feet shall comply with all of the following performance standards:
a. The project shall include housing at a minimum residential density unit value of twenty-four24 units per
acre. The average floor area of dwellings within the project shall be one thousand two hundred1,000
square feet or less. (Group housing projects must showshall demonstrate that the proposed building meets
or exceeds the population density that would otherwise be achieved by this standard.).
b. For projects on sloping sites, the height limit on the downhill portion of the site shall be defined by
a line seventy-five feet above the average between the highest and lowest points of the site grade
prior to development, and seventy-five feet above the lowest point.
c. The applicant shall demonstrate that:
i. The project will exceed Title 24 California Energy Efficiency Requirements by a minimum
of fifteen percent; or
ii.
(1) The project is designed to achieve at least a Silver rating on the LEED-CS or NC checklist (or
equivalent measure) (LEED certification is not required but is encouraged); or
iii. (2) The project is designed to achieve a minimum value of fifty50 points on the SLO green build
multifamily greenpoint checklist.
d.
c. No more than thirty-three33 percent of the site area at the storefront level may be used for private parking
facilities.
e.
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d. Lots shall conform to the minimum size and dimension requirements provided in Title 16, Subdivisions.
f. The planning commission may grant minor exceptions to the specific requirements listed in this
section, subject to a planning commission use permit and provided a finding is made that, despite
the exception, the project is consistent with the intent of this chapter and LUE Policy 4.16.4.
2. The architectural review commission (ARC) may approve building height up to sixty feet if the ARC
determines that the project includes at least two objectives from subsection (C)(3) of this section, with no
two being from the same lettered subsection.
The planning commission may approve a use permit allowing maximum building height of seventy-five feet
upon determining that at least two of the following policy objectives (with no two being from the same
lettered subsection) are met, and at least one affordable and workforce housing objective must be chosen.
To approve a use permit the planning commission must
e. To approve an increase in height above 50 feet, the Planning Commission shall make the following finding:
The public benefits associated with the project significantly outweigh any detrimental impacts from the
additional height. (In weighing potential public benefits, the planning commissionPlanning Commission
shall consider objectives related to affordable and workforce housing, economic vitalitymode split, historic
preservation, and open space preservation to be especially important.).
3.f. The Planning Commission may grant minor exceptions to the specific requirements listed in this Section,
and provided a finding is made that, despite the exception, the project is consistent with the intent of this
Chapter and Land Use Element Policy 4.16.4.
3. Additional Requirements for Buildings up to 60 Feet. The Planning Commission may approve building
height up to 60 feet if it determines that the project includes at least two community benefits from subsection
F.5 of this Section (Community Benefits Policy Objectives), with no more than two being from the same lettered
subsection, and at least one affordable and workforce housing objective shall be chosen.
4. Additional Requirements for Buildings up to 75 Feet. The Planning Commission may approve a Conditional
Use Permit allowing a maximum building height of 75 feet upon determining that at least two of community
benefits from subsection F.5 of this Section (Community Benefits Policy Objectives), with no more than two
being from the same lettered subsection, and at least one affordable and workforce housing objective shall be
chosen.
5. Community Benefits Policy Objectives. The intent of the following policy objectives is to ensure that
buildings taller than fifty50 feet proposed in the C-D zone include features that meet the specific policy
objectives outlined for tall buildings in the city’s general planGeneral Plan (including, but not limited to, Land
Use Element Chapter 4.0). A variety of objectives are listed to ensure that proposed project features are
appropriate for the site and surroundings, and to allow for a wide range of possible project types. Regardless
of the number of objectives proposed, the decision-making body mustPlanning Commission shall determine
that the overall project is consistent with the general planGeneral Plan, including goals and policies for view
preservation, historical resource preservation, solar access, and architectural character.
a. Affordable and Workforce Housing.
i.
(1) The project provides affordable housing, per cityin compliance with City standards, at the rate of five
percent for low-income households, or ten10 percent for moderate-income households, as a
percentage of the total number of housing units built (no in-lieu fee option).
ii. (2) The project qualifies for, and utilizes, a density bonus perin compliance with the city’sCity’s
affordable housing incentives (Chapter 17.90).
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iii. (3) The project includes residential density greater than or equal to thirty-six36 units per acre
and the average floor area of units is one thousand1,000 square feet or less. (Group housing projects
mustshall show that the proposed building meets or exceeds the population density that would
otherwise be achieved by this objective.).
b. Pedestrian Amenities.
i.
(1) The project provides a major pedestrian connection between Higuera Street and the Creekwalk,
Monterey Street and the Creekwalk, Higuera Street and Marsh Street, or at another acceptable mid-
block location.
ii.
(2) The project incorporatesprovides open space in the form of a significant public plaza, where the:
(a) The minimum area of any public plaza shall be 7,500 square feet; and
(b) The public plaza is owned, operated, and maintained by the developer or property manager in
accordance with an approved maintenance plan to be reviewed and approved by the Director;
and
(c) Each part of the public plaza shall be accessible from other parts of the open space without
leaving the open space area; and
(d) The public plaza shall be on the ground level and directly accessible from the sidewalk, and be
accessible to persons with disabilities; and
(e) The public plaza shall be open to the public, without charge, each day of the year, except for
temporary closures for necessary maintenance or public safety; and
(f) At a minimum, the following elements shall be included within the open space: trees and
landscaping, seating, bicycle racks, trash and recycling receptacles, and signage that include
hours of operation; and
(g) The public art requirement is met by providing the art on site (no in-lieu fee option).
c. View Access and Preservation.
i.
(1) The project provides a public viewing deck or decks, or similar feature, to provide significant free
public access to views of surrounding natural features such as, but not limited to, Cerro San Luis.
ii.
(2) The project improves and dedicates land within the downtown core for publicly owned open space
with street-level views of hillside resources, consistent with Land Use Element Policy 4.7 and Program
4.20.
d. Economic Vitality. The project provides additional economic benefit to the city by providing retail
sales or hospitality uses (subject to the city’s transient occupancy tax) on multiple levels. Total
floor area dedicated to retail or hospitality uses must exceed one hundred fifty percent of the
building footprint.
e. Historic Preservation.
i. (Off Site). Where there are no historic resources on the project site, the project will provideprovides for the
permanent preservation of a building off- site within the downtown historic district or Chinatown historic
district that is listed in the city’sCity’s inventory of historical resources through the recordation of ana
historic preservation agreement.
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ii. The project provides for preservation or adaptive reuse of all buildings on the city’s
inventory of historic resources located on the project site in a manner consistent
with the Secretary of the Interior’s Standards for the Treatment of Historic
Resources.
f.
e. Mode Split. The project provides for the permanent mode shift towards alternative transportation for
building occupants through a Transportation Demand Management Program that achieves modal split
objectives of Circulation Element Policy 1.7.1. Prior to the issuance of building permits, a covenant
agreement shall be recorded that discloses the required Transportation Demand Management provisions.
This agreement shall be recorded in the office of the County Recorder to provide constructive notice to all
future owners of the property of any ongoing programmatic requirements.
f. Open Space Preservation. The project provides for the permanent preservation of open space land in
the city’sCity’s greenbelt through land dedication, the recordation of a conservation easement, or other
recognized preservation method, to the approval of the cityCity.
g. Energy Efficiency.
i. The project is designed
g. Zero Net Energy. The project provides 100 percent of total building energy load measured as kilowatt per
square foot through solar panels, wind turbines, or other renewable sources.
h. to meet the fossil fuel reduction standards established by the Architecture 2030
Challenge.
ii. The project is designed to exceed the Title 24 Energy Efficiency Requirements by a minimum of thirty
percent. Common Garbage Facility. The project provides a common garbage storage and
compacting facility of adequate size and in an appropriate location to accommodate the needs of the
project and all adjacent properties or other grouping of users acceptable to the City.
i.
h. Other Policy Objectives. The project directly implements specific and identifiable cityCity objectives as set
forth in the general planGeneral Plan, the conceptual plan for the city’s center, the downtown strategic
planDowntown Concept Plan, or other key policy document, to the approval of the planning
commission.Planning Commission. (This subsection may be used to meet requirements for one policy
objective.)
4. 6. Application Requirements. Planning applications submitted for new buildings over fifty50 feet tallin
height shall include the following additional items to assist the cityreview authority in the analysis and decision-
making process:
a. Viewshed Analysis. A written and graphic viewshed analysis from various perspectives. The analysis
shall identify visual resources within the viewshed of the project and indicate how the design of the project
addresses those views from each perspective. Specific attention shall be given to views from adjacent
publicly owned gathering spaces, such as Mission Plaza.
b. Solar Shading Analysis. A written and graphic solar shading analysis showing the effects of shading on
its surroundings between ten10:00 A.M. and three3:00 P.M. on the winter solstice, summer solstice and
vernal or autumnal equinox. The analysis shall compare shading caused by the project to the city’sCity’s
solar access standards (Conservation Open Space Element Table 2).
c. Parking Demand Management – Trip Reduction Programs. A verifiable parking demand management
program and a trip reduction program to reduce resident/employee dependence on single-occupant
vehicle trips, subject to the approval of the public works directorPublic Works Director.
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d. Three-Dimensional Digital Model. A complete three-dimensional digital model of the proposed building,
consistent with the specifications for the city’sCity’s baseline 3-D digital model of the downtown core and
suitable for display on the city’s Internet siteCity’s website.
e. Solid Waste Management Plan. A solid waste management plan to show how the project meets or
exceeds the city’sCity’s solid waste guidelines, subject to the approval of the utilities directorUtilities
Director. If any exceptions to the solid waste guidelines are requested, the plan shall include a written
explanation and justification.
f. Green Building Plan. A written green building plan shall be provided to indicate how the project complies
with performance standards for energy efficiency.
g. Emergency Services Access Plan. A written and graphic plan created in consultation with the city’sCity’s
fire marshal to show how access to upper floors for emergency response personnel will be provided.
h. Public Safety Plan. A security plan created in consultation with the police departmentPolice Department
for all proposed buildings that include publicly accessible areas such as parking garages, courtyards,
public stairways, elevators, and decks. The security plan will identify the locations of 911 capable phones
in parking areas and will, establish rules and regulations for public use of courtyards and decks, and
establish time frames for private security patrols to be in place.
i. Utilities Infrastructure Analysis. AnA registered engineer’s evaluation of existing utilities infrastructure
and recommendations to ensure that the project will have adequate water pressure for domestic use and
fire flows and that the collection system in the area surrounding the project is sufficient to meet the project’s
impact.
j. Building Code Analysis. A building code analysis specifying the building’s allowable area, occupancy
class, occupancy load, and construction type.
D. Maximum coverage: One hundred percent.
E. Maximum Floor Area Ratio (FAR).
1. 3.0 – maximum allowed for buildings up to fifty feet tall;
2. 3.75 – maximum allowed for buildings approved above fifty feet tall;
3. 4.0 – maximum allowed for approved buildings over fifty feet tall with transfer of development credits for
open space protection or historic preservation; or if a density bonus for affordable housing is granted.
F. Standard Lot Dimensions:
1. Minimum lot area: Three thousand square feet.
2. Minimum lot width: Twenty-five feet.
3. Minimum lot depth: Fifty feet.
4. Minimum street frontage: Fifteen feet.
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G. Vehicle Access. Although residential uses are encouraged in the C-D zone, it is not the intent of the city to ensure
that parking is provided on site for residential uses. Therefore, there is no guarantee of parking availability, either on
site or off site, for downtown residential projects. On-site parking may be considered inappropriate at certain
downtown locations where the pedestrian experience would be harmed by vehicle ingress and egress across the
sidewalk. In order to maintain pedestrian orientation and the continuity of sidewalks within the C-D zone, an
administrative use permit must be approved to permit the installation of new driveway approaches proposed after
the effective date of the ordinance codified in this chapter. When new driveway approaches are proposed in
conjunction with an application for architectural review, a separate planning application shall not be required. In
order to approve the new driveway approach, the approving body must make at least one of the following findings:
1. The proposed driveway approach will not harm the general health, safety and welfare of people living or
working in the vicinity of the project site because the number of vehicles expected to use the driveway is
limited (less than ten spaces) and there are no other alternatives, such as service alleys, to provide vehicle
access to the site.
1. 2. The proposed driveway approach is located along a nonarterial street and will not significantly alter the
character of the street or pedestrian circulation in the area in consideration of the characteristics of pedestrian
flow to and from the project site and surrounding uses.
1. 3. The proposed driveway approach is a shared facility and provides efficient access to more than a single
project in a way that eliminates the need for additional driveways.
4.
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1. The proposed driveway approach provides access to public parking.
H. Parking. See Section 17.16.060.
I. Maximum Building Size. No retail establishment (commercial building) shall exceed sixty thousand square feet of
gross floor area, unless excepted by subsection (J) of this section and Section 17.16.035.
J. A retail establishment may be allowed up to one hundred forty thousand square feet of gross floor area, if the
planning commission determines that it meets the following standards:
1. The proposed use will serve the community, in whole or in significant part, and the nature of the use
requires a larger size in order to function.
2. The building in which the use is to be located is designed in discrete elements that respect the scale of
development in the surrounding area.
3. The new building is designed in compliance with the city’s design guidelines for large-scale retail projects.
(Ord. 1571 § 18, 2012; Ord. 1509 § 2 (part), 2007: Ord. 1500 § 3 (part), 2007; Ord. 1437 § 1 (part), 2003;
Ord. 1405 § 3 (part), 2001; Ord. 1365 § 3 (part), 2000; Ord. 1346 § 2 (part), 1999; Ord. 1101 § 2, 1987;
Ord. 1074 § 2, 1986: Ord. 1050 § 1 (part), 1985: Ord. 1023 § 1, 1984: Ord. 1006 § 1 (part), 1984; Ord. 941
§ 1 (part), 1982: prior code § 9203.10(B))
CHAPTER 17.34. TOURIST COMMERCIAL-TOURIST (C-T) ZONE
17.34.010 – Purpose and Application
17.44.010 Purpose and application.
The C-T zone is intended to provide accommodations and services for the traveling public. The C-T zone implements
and implement General Plan Land Use Policies 3.6.1 and is consistent3.6.2 to promote San Luis Obispo as an attractive
place for short-term stays, as well as an attractive destination for long-term visitors, with conference and visitor-serving
facilities that have a low impact upon the tourist commercialenvironment and upon existing land use categoryforms and
landscapes, and that provide low-impact visitor activities and low-impact means of the general plan. (Ord. 1438 § 1
(part), 2003: Ord. 941 § 1 (part), 1982: prior code § 9203.11(A))transportation. Integration of visitor-serving uses with
other types of uses is encouraged. Visitor-serving uses are especially appropriate where such uses have already
concentrated.
17.34.020 – Development Standards
17.44.020 Property development standards.
The general property development standards for the C -T zone areshall be as follows:
A. Maximum density: Twelve units per net acre, including dwelling unitsset forth in hotels and motels, but not including
other hotel or motel units (see Table 2-19: C-T Zone Development Standards. See also Section 17.16.010).
B. Yards: See Section 17.16.020.
C. Maximum coverage: Seventy-five percent (see also Section 17.1618.030).
D. Maximum height: Forty-five feet (see also Sections 17.16.020 and 17.16.040).
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E. Maximum floor area ratio: The ratio of gross building floor area to site area shall not exceed 2.5.
F. Standard (Subdivisions; Lot Dimensions.
1. Minimum) for minimum lot area: Nine thousand square feetdimensions.
2. Minimum lot width: Sixty feet.
3. Minimum lot depth: One hundred feet.
4. Minimum street frontage: Forty feet.
G. Parking requirements: See Section 17.16.060.
H. Maximum building size:
Table 2-19: C-T Zone Development Standards
Development Standard C-T Zone Additional Regulations
Maximum Density 12 units/net acre Maximum density includes dwelling units in hotels and motels,
but not including other hotel or motel such as conference rooms
and dining facilities that are not considered dwelling units. See
also Section 17.16.010. Regardless of the density calculation,
at least two units shall be allowed on each parcel that conforms
with minimum lot size for the C-T zone.
Minimum Setbacks
Front 10 feet
Interior Side and Rear No setback unless adjacent to zone with minimum setback requirement, in which case the
adjoining setback shall be as provided in zone of adjacent lot. Lots separated by streets
or other rights-of-way are not considered adjacent. If more than one zone is adjacent, the
largest setback shall be required.
Corner Lot – Street Side 10 feet
Maximum Building Height 45 feet See also Sections 17.16.020 and 17.16.040
Maximum Lot Coverage 75% See also Section 17.16.030
Maximum Floor Area Ratio 2.5
Minimum Lot Area 9,000 square feet See also Section 16.18.030 (Subdivisions; Lot Dimensions)
Edge Condition
Requirements
See Section XXX
17.34.030 – Additional Regulations
A. Maximum Retail Sales Building Size in the C-T Zone. No retail sales establishment (commercial building) shall
exceed forty-five thousand45,000 square feet of total gross floor area, unless excepted for nonconforming buildings
by Section 17.16.035. (Ord. 1500 § 3 (part), 2007; Ord. 1405 § 3 (part), 2001; Ord. 1365 § 3 (part), 2000: Ord. 1006
§ 1 (part), 1984; Ord. 941 § 1 (part), 1982: prior code § 9203.11(B))
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CHAPTER 17.36. SERVICE COMMERCIAL-SERVICE (C-S) ZONE
17.36.010 – Purpose and Application
17.46.010 Purpose and application.
The C-S zone is intended to provide for a wide range of service and manufacturing uses to meet local needs and some
demands of the region, including services, limited retail, and other business service uses that may be less appropriate
in the city’sCity’s other commercial zones, as well as accommodating. The C-S zone is also intended to accommodate
certain storage, transportation, wholesaling, and light manufacturing uses. The C-S zone implements and is consistent
with the services and manufacturing land use category of the general plan, and The C-S zone is intended to be applied
primarily to areas withthat have more public exposure on arterial streets than thoseareas reserved for manufacturing.
(Ord. 1438 § 1 (part), 2003: Ord. 1346 § 2 (part), 1999: Ord. 941 § 1 (part), 1982: prior code § 9203.12(A)) uses.
17.36.020 – Development Standards
17.46.020 Property development standards.
The general property development standards for the C-S zone are as follows:
A. Maximum density: Twenty-four units per net acre (see Section 17.16.010).
B. Yards. Minimum street yards shall be:
1. Where no building adjoins, five feet (requirement for parking lots and signs);
2. For buildings twenty feet and less as set forth in height, ten feet;
3. For buildings more than twenty feet in height, fifteen feet;
4. Other yards shall be as provided in the zone of any adjacent lot;
5.Table 2-20: C-S Zone Development Standards. See also Section 17.16.020.
C. Maximum height: Thirty-five feet (see also Section 17.16.020 and 17.16.040).
D. Maximum coverage: Seventy-five percent (see also Section 17.1618.030).
E. Maximum floor area ratio: The ratio of gross building floor area to site area shall not exceed 1.5.
F. Standard (Subdivisions; Lot Dimensions.) for minimum lot dimensions.
Table 2-20: C-S Zone Development Standards
Development Standard C-S Zone Additional Regulations
Maximum Density 24 units/net acre Maximum density includes dwelling units in hotels and motels,
but not including other hotel or motel such as conference rooms
and dining facilities that are not considered dwelling units. See
also Section 17.16.010. Regardless of the density calculation,
at least three units shall be allowed on each parcel that
conforms with minimum lot size for the C-S zone.
Minimum Setbacks
Front Where no building adjoins, 5 feet (requirement for parking lots and signs)
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Buildings ≤ 20 feet in height: 10 feet
Buildings > 20 feet in height: 15 feet
Interior Side and Rear No setback unless adjacent to zone with minimum setback requirement, in which case the
adjoining setback shall be as provided in zone of adjacent lot. Lots separated by streets or
other rights-of-way are not considered adjacent. If more than one zone is adjacent, the largest
setback shall be required.
Corner Lot - Street Side Where no building adjoins, 5 feet (requirement for parking lots and signs)
Buildings ≤ 20 feet in height: 10 feet
Buildings > 20 feet in height: 15 feet
Maximum Building Height 35 feet See also Section 17.16.020 and 17.16.040
Maximum Lot Coverage 75% See also Section 17.16.030
Maximum Floor Area Ratio 1.5
Minimum Lot Area 9,000 square feet See also Section 16.18.030 (Subdivisions; Lot Dimensions)
Edge Condition
Requirements
See Section XXX
17.36.030 – Additional Regulations for Specific Uses in the C-S Zone
Maximum Retail Building Size in the C-S zone.
1. Minimum lot area: Nine thousand square feet.
2. Minimum lot width: Sixty feet.
3. Minimum lot depth: One hundred feet.
4. Minimum street frontage: Forty feet.
G. Parking requirements: See Section 17.16.060.
A. I. Maximum building size: No retail establishment (commercial building) shall exceed sixty thousand60,000 square
feet of gross floor area, unless excepted by Section 17.16.035. (Ord. 1500 § 3 (part), 2007: Ord. 1405 § 3 (part),
2001; Ord. 1365 § 3 (part), 2000: Ord. 941 § 1 (part), 1982: prior code § 9203.12(B))
B. 4. C-S and M Zones – Required Findings for Offices. in the C-S Zone. The approval of an office facility in the C-S or M
zone shall require that the review authority first find that:
a.
1. The project will be compatible with existing and allowed land uses in the area; and
b.
2. The project location or access arrangements will not significantly direct traffic to use local preclude industrial or
collector streets in residential zones;
c. The project will provide adequate mitigation to address potential impacts related to noise, light and glare, and loss of privacy, among
others, imposed byservice commercial uses in areas especially suited for these uses when compared with offices.
C. Medical Services in the C-S zone. In order to approve a Medical Office, Dental Office, or Clinic in the C-S zone,
the review authority shall be required to make all of the following findings:
1. The proposed medical service is compatible with surrounding land uses.
2. The proposed medical service is located along a street designated as an arterial or commercial collector in the
circulation element
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3. The project will not preclude service commercial uses in areas especially suited for these uses when
compared with medical services.
D. Commercial Recreational in the C-S zone. The approval of a commercial recreational facility in the C-S zone
shall require that the review authority to find that:
1. The proposed use will serve the community, in whole or in significant part;
2. The project will be compatible with existing and allowed land uses in the area; and
3. The project will not preclude other industrial or service commercial uses in areas especially suited for these
uses when compared with recreational facilities.
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CHAPTER 17.38. RESERVED
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CHAPTER 17.40. MANUFACTURING (M) ZONE
17.40.010 – Purpose and Application
The M zone is intended to provide for assembly, fabrication, and other manufacturing activities in addition to those
allowed in the C-S zone, and for limited sales and services to local consumers. The M zone is intended to be applied
primarily to areas served by, but with limited or no frontage on, arterial streets.
17.40.020 – Development Standards
activities on nearby residential areas, by using methods such as setbacks, landscaping, berming and fencing;
d.
The general property development standards for the M zone shall be as set forth in Table 2-21: M Zone Development
Standards. See also Section 16.18.030 (Subdivisions; Lot Dimensions) for minimum lot dimensions.
Table 2-21: M Zone Development Standards
Development Standard M Zone Additional Regulations
Maximum Density 24 units/net acre See also Section 17.16.010
Minimum Setbacks
Front Where no building adjoins, 5 feet (requirement for parking lots and signs)
Buildings ≤ 20 feet in height: 10 feet
Buildings > 20 feet in height: 15 feet
Interior Side and Rear No setback unless adjacent to zone with minimum setback requirement, in which case the
adjoining setback shall be as provided in zone of adjacent lot. Lots separated by streets or
other rights-of-way are not considered adjacent. If more than one zone is adjacent, the largest
setback shall be required.
Corner Lot - Street Side Where no building adjoins, 5 feet (requirement for parking lots and signs)\
Buildings ≤ 20 feet in height: 10 feet
Buildings > 20 feet in height: 15 feet
Maximum Height 35 feet See also Sections 17.16.020 and 17.16.040
Maximum Lot Coverage 75% See also Section 17.16.030
Maximum Floor Area Ratio 1.5
Minimum Lot Area 9,000 square feet See also Section 16.18.030 (Subdivisions; Lot Dimensions)
Edge Condition
Requirements
See Section XXX
17.40.30 – Additional Regulations
A. Offices in the M Zone. The approval of an office facility in the M zone shall require that the review authority find
that:
1. The project will be compatible with existing and allowed land uses in the area; and
2. The project will not preclude industrial or service commercial uses in areas especially suited for these uses
when compared with offices; and.
B. Performance Standards. See also Chapter 17.18: Performance Standards.
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CHAPTER 17.42. BUSINESS PARK (BP) ZONE
17.42.010 – Purpose and Application
e.
The project will not create a shortage of C-S or M zoned land availableBP zone is intended to provide for service commercial or
industrialresearch and development., light manufacturing, and business services
11.in a campus setting with high-quality design of public and private facilities. The BP zone standards apply to properties
outside of specific plan areas. Where the Airport Area Specific Plan, Margarita Area Specific Plan, and any other specific
plans apply to properties zoned BP, the applicable specific plan standards shall govern.
17.42.020 – Development Standards
The general property development standards for the BP zone shall be as set forth in Table 2-22: BP Zone Development
Standards.
Table 2-22: BP Zone Development Standards
Development Standard BP Zone Additional Regulations
Minimum Setbacks
Front Where no building adjoins, 10 feet (requirement for parking lots and signs)
Buildings: 16 feet
Interior Side and Rear Where no building adjoins, 5 feet (requirement for parking lots and signs)
No building setback unless adjacent to zone with minimum setback requirement, in which case
the adjoining setback shall be as provided in zone of adjacent lot. Lots separated by streets or
other rights-of-way are not considered adjacent. If more than one zone is adjacent, the largest
setback shall be required.
Corner Lot - Street Side Where no building adjoins, 10 feet (requirement for parking lots and signs)
Buildings: 16 feet
Maximum Height 45 feet See also Sections 17.16.020 and 17.16.040
Maximum Lot Coverage 75% See also Section 17.16.030
Maximum Floor Area Ratio Warehousing, Storage and
Distribution Uses: 1.0
All Other Uses: 0.6
See also Section 17.XX.XXX: FAR Measurement
Minimum Lot Area 9,000 square feet See also Section 16.18.030 (Subdivisions; Lot Dimensions)
Edge Condition
Requirements
See Section XXX
17.42.030 – Additional Regulations
A. Medical Services in the BP zone. In order to approve a medical serviceMedical Office, Dental Office, or Clinic in the
C-S or BP zoneszone, the hearing officer mustreview authority shall be required to make all of the following findings:
a.
1. The proposed medical service is compatible with surrounding land uses.
b.
2. The proposed medical service is located along a street designated as an arterial or commercial collector in the
circulation element and has convenient access to public transportation.
c. The proposed medical service will not significantly increase traffic or create parking impacts in residential neighborhoods.
d. The proposed medical service is consistent with the airport land use plan.
e.
1. The project will not preclude service commercial uses in areas especially suited for these uses when
compared with medical services.
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f. The project site can accommodate the parking requirements of the proposed medical service and will not result in other lease
spaces being under-utilized because of a lack of available parking.
12. C-S Zone – Required Findings for Indoor Commercial Recreational Facilities. Commercial indoor recreational uses in the C-S zone shall not
include less than ten thousand square feet gross floor area per establishment. The approval of an indoor commercial recreational facility in
the C-S zone shall require that the review authority first find that:
a. a. The proposed use will serve the community, in whole or in significant part, and the nature of the use
requires a larger size in order to function;
b. The project will be compatible with existing and allowed land uses in the area;
c. The project location or access arrangements will not significantly direct traffic to use local or collector streets in residential zones;
d. The project will not preclude industrial or service commercial uses in areas especially suited for these uses when compared with
recreational facilities; and
e. The project will not create a shortage of C-S zoned land available for service commercial development.
CHAPTER 17.40. MANUFACTURING (M) ZONE
17.40.010 – Purpose and Application
17.48.010 Purpose and application.
The M zone is intended to provide for assembly, fabrication, and other manufacturing activities in addition to those
permitted in the C-S zone, and for limited sales and services to local consumers. The M zone implements and is
consistent with the services and manufacturing land use category of the general plan, and is intended to be applied
primarily to areas served by, but with limited or no frontage on, arterial streets. (Ord. 1438 § 1 (part), 2003: Ord. 941 §
1 (part), 1982: prior code § 9203.13(A))
17.40.020 – Development Standards
17.48.020 Property development standards.
The property development standards for the M zone are as follows:
A. Maximum density: Twenty-four units per net acre (see Section 17.16.010).
B. Yards. Minimum street yards shall be:
1. Where no building adjoins, five feet (requirement for parking lots and signs);
2. For buildings twenty feet and less in height, ten feet;
3. For buildings more than twenty feet in height, fifteen feet;
4. Other yards shall be as provided in the zone of any adjacent lot;
5. See also Section 17.16.020.
C. Maximum height: Thirty-five feet (see also Sections 17.16.020 and 17.16.040).
D. Maximum coverage: Seventy-five percent (see also Section 17.16.030).
E. Maximum floor area ratio: the ratio of gross building floor area to site area shall not exceed 1.5.
F. Standard Lot Dimensions.
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1. Minimum lot area: Nine thousand square feet.
2. Minimum lot width: Sixty feet.
3. Minimum lot depth: One hundred feet.
4. Minimum street frontage: Forty feet.
G. Parking requirements: See Section 17.16.060.
4. C-S and M Zones – Required Findings for Offices. The approval of an office facility in the C-S or M zone shall require that the review authority
first find that:
a. The project will be compatible with existing and allowed land uses in the area;
b. The project location or access arrangements will not significantly direct traffic to use local or collector streets in residential zones;
c. The project will provide adequate mitigation to address potential impacts related to noise, light and glare, and loss of privacy,
among others, imposed by commercial activities on nearby residential areas, by using methods such as setbacks, landscaping,
berming and fencing;
d. The project will not preclude industrial or service commercial uses in areas especially suited for these uses when compared with
offices; and
e. The project will not create a shortage of C-S or M zoned land available for service commercial or industrial development.
(See also Chapter 17.18, Performance Standards.) (Ord. 1500 § 3 (part), 2007: Ord. 1365 § 3 (part), 2000: Ord. 1085
§ 1 Ex. A (part), 1987; Ord. 941 § 1 (part), 1982: prior code § 9203.13(B))
CHAPTER 17.42. BUSINESS PARK (BP) ZONE
17.42.010 – Purpose and Application
17.49.010 Purpose and application.
The BP zone is intended to provide for research and development, light manufacturing, and business services that are
compatible with each other and with airport operations. The BP zone implements and is consistent with the business
park land use category of the general plan. (Ord. 1571 § 19 (part), 2012)
17.42.020 – Development Standards
17.49.020 Property development standards.
BP zoning is found only within the airport area and Margarita area specific plan boundaries. The following is a
summary of some of the property development standards that apply to each specific plan area. These standards are
included in the zoning regulations for reference only. See the appropriate specific plan for more detailed property
development information.
A. Airport Area Specific Plan.
1. Yards. Setback distance between:
a. Buildings and property lines along streets, sixteen feet;
b. Parking lots and property lines along streets, ten feet;
c. Buildings and property lines between adjacent parcels, zero;
d. Parking lots and property lines between adjacent parcels, five feet.
2. Maximum Height.
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a. Occupied buildings, forty-five feet (not to exceed three stories);
b. Nonoccupied architectural features, fifty-two feet.
3. Coverage.
a. Maximum coverage by buildings, driveways, and parking shall not exceed eighty percent.
b. Minimum landscape area (planning areas, water features, and hard surfaces used mainly by
pedestrians) shall be at least twenty percent of site area.
4. Maximum Floor Area Ratio.
a. Warehousing, storage, or automated manufacturing uses shall not exceed 1.0;
b. All other uses shall not exceed 0.6.
5. Standard Lot Dimensions.
a. Minimum lot area: One-half acre;
b. Minimum lot width: One hundred feet;
c. Minimum lot depth: One hundred feet;
d. Maximum lot depth to width ratio shall be three to one;
e. Minimum street frontage: Fifty feet.
B. Margarita Area Specific Plan (Low-Rise Office).
1. Yards. Setback distance between:
a. Buildings and property lines along streets, fifteen feet;
b. Parking lots and property lines along streets, fifteen feet;
c. Buildings and property lines between adjacent parcels, five feet;
d. Parking lots and property lines between adjacent residential parcels, three feet;
e. Parking lots and property lines between adjacent nonresidential parcels, zero.
2. Maximum Height.
a. Occupied buildings, twenty-five feet;
b. Single-story masonry area, one occupied level, not to exceed thirty-six feet.
3. Coverage: Minimum landscape area (planning areas, water features, and hard surfaces used mainly by
pedestrians) shall be at least twenty percent of site area.
4. Maximum floor area ratio: The ratio of gross building floor area to site area shall not exceed 0.29.
5. Standard lot dimensions: Same as office zone.
C. Margarita Area Specific Plan (General Business Park).
1. Yards. Setback distance between:
a. Buildings and property lines along streets, twenty feet;
b. Parking lots and property lines along streets, twenty feet;
c. Buildings and property lines between adjacent parcels, zero;
d. Parking lots and property lines between adjacent residential parcels, N/A;
e. Parking lots and property lines between adjacent nonresidential parcels, zero.
2. Maximum Height.
a. Occupied buildings, thirty-six feet;
b. Nonoccupied architectural features such as towers may extend to forty-five feet.
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3. Coverage: Minimum landscape area (planning areas, water features, and hard surfaces used mainly by
pedestrians) shall be at least fifteen percent of site area.
4. Maximum floor area ratio: The ratio of gross building floor area to site area shall not exceed 0.44.
5. Minimum land parcel size: One acre.
D. Parking: The parking requirements in the low-rise office and general business park areas are as follows:
1. For all uses, parking will be provided at a rate of not less than one space per five hundred square feet of
gross floor area, nor more than one space per three hundred square feet of gross floor area.
Exceptions:
a. Medical offices may, but are not required to, provide parking at a ratio of one space per two
hundred square feet.
b. For warehousing, parking will be provided at a rate of not less than one space per one thousand
five hundred square feet of gross floor area, nor more than one space per one thousand square
feet of gross floor area. (Ord. 1571 § 19 (part), 2012)
11. In order to approve a medical service in the C-S or BP zones, the hearing officer must make the following findings:
a. The proposed medical service is compatible with surrounding land uses.
b. The proposed medical service is located along a street designated as an arterial or commercial collector in the circulation element
and has convenient access to public transportation.
c. The proposed medical service will not significantly increase traffic or create parking impacts in residential neighborhoods.
d. The proposed medical service is consistent with the airport land use plan.
3. e. The project will not preclude service commercial uses in areas especially suited for these uses when
compared with medical services.
f. The project site can accommodate the parking requirements of the proposed medical service and will not result in other lease
spaces being under-utilized because of a lack of available parking.
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CHAPTER 17.44. RESERVED
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CHAPTER 17.46. PUBLIC FACILITY (PF) ZONE
17.46.010 – Purpose and Application
17.36.010 Purpose and application.
A.
The PF zone is intended to provide for thea wide range of public, cultural, and quasi-public uses likely to be located on
public property.that meet the needs of City and County residents. Public uses are those conducted by governmental
or nonprofit agencies. However, thisthe PF zone will also provide for complementaryaccommodates compatible
private and commercial uses which, within the overall guidance of the general planGeneral Plan, provide a public
benefit.
B. The zone is further intended to protect neighboring private uses from potentially incompatible public uses. It will be
applied to areas designated “public” and “park” on the general plan map. (Ord. 1346 § 2 (part), 1999; Ord. 1016 § 1
(part), 1984: Ord. 941 § 1 (part), 1982: prior code § 9203.7(A))
17.46.020 – Development Standards
17.36.020 Property development standards.
The general property development standards for the PF zone are as follows:
A. Yards: See shall be as set forth in Table 2-23: PF Zone Development Standards. See also Section 17.16.020.
B. Maximum height: Thirty-five feet (see also Sections 17.16.020 and 17.16.040).
C. Maximum coverage: Sixty percent (see also Section 17.1618.030).
D. Maximum floor area ratio: The ratio of gross building floor area to site area shall not exceed:
1. For a parcel adjacent to a C-D zone: 2.0;
2. For a parcel not adjacent to a C-D zone: 1.0.
E. Standard (Subdivisions; Lot Dimensions.
1. Minimum) for minimum lot area: Six thousand square feet.dimensions.
2. Minimum lot width: Sixty feet.
3. Minimum lot depth: Ninety feet.
4. Minimum street frontage: Forty feet.
F. Parking requirements: See Section 17.16.060. (Ord. 1500 § 3 (part), 2007; Ord. 1437 § 1 (part), 2003; Ord. 1365 §
3 (part), 2000: Ord. 1016 § 1 (part), 1984: Ord. 941 § 1 (part), 1982: prior code § 9203.7(B))
Table 2-23: PF Zone Development Standards
Development Standard PF Zone Additional Regulations
Minimum Setback
Front
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Interior Side and Rear No setback unless adjacent to zone with minimum setback requirement, in which case the
adjoining setback shall be as provided in zone of adjacent lot. Lots separated by streets or
other rights-of-way are not considered adjacent. If more than one zone is adjacent, the largest
setback shall be required.
Corner Lot - Street Side
Maximum Building Height 35 feet Maximum height may be increased up to 50 feet for City-owned
facilities, as set forth in Section 17.46.030 (Additional
Regulations). See also Sections 17.16.020 and 17.16.040
Maximum Lot Coverage 60% See also Section 17.16.030
Maximum Floor Area Ratio For a parcel adjacent to a C-D zone: 2.0
For a parcel adjacent to any zone other than C-D: 1.0
Minimum Lot Area 6,000 square feet See also Section 16.18.030 (Subdivisions; Lot Dimensions)
Edge Condition
Requirements
See Section XXX
17.46.030 – Additional Regulations
A. Maximum Building Height in PF Zone. These regulations are established to allow for City of San Luis Obispo
buildings higher than 35 feet in the PF zone to encourage creative building design and meet critical community
needs, provided that such taller buildings, through discretionary review processes, contribute defined community
benefits and can be found to be compatible with adjacent buildings and the surrounding environment as a whole.
B. Findings and Requirements to Approve Building Height Increase. The approval of a building height above 35
feet shall require approval by the Planning Commission (Section XX.XX.XX), including the following finding: The
public benefits associated with the project significantly outweigh any detrimental impacts from the additional height.
In weighing potential public benefits, the Director shall consider objectives related to common parking facilities,
economic vitality, historic preservation, and open space preservation to be especially important.
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CHAPTER 17.5248. PLANNED DEVELOPMENT (PD) OVERLAY ZONE
17.5248.010 – Purpose and Application
17.50.010
Purpose.
A. The PD overlay zone is intended to provide for flexibility in the application of zoning standards tofor proposed
development. The purpose is to allow consideration of innovation in site planning and other aspects of project
design,— and more effective design responses to site features, land uses on adjoining properties, and
environmental impacts, —than the development standards of the underlying zone would produce without
adjustment. The cityCity expects each planned development project to be of significantly higher design quality,
including more effective and attractive pedestrian orientation, environmental sensitivity, energy efficiencyaffordable
housing, and the more efficient use of resources, than would be achieved through conventional design practices
and standards. (Ord. 1438 § 4 (part), 2003)Planned Development (PD) zoning shall be approved only in conjunction
with derived long-term community benefits and where the project can help achieve the vision, goals, and policies
of the General Plan.
17.52.020 – Applicability
17.50.020 Applicability.
A. Timing of Rezoning. PD rezoning shall occur simultaneously with the approval of a specific project through the
planned development process (Application. The requirements of this Chapter 17.62).
B. Where Allowed. The PD zone may be appliedshall apply to any parcelall projects within the C-N, C-C, C-D, C-R, C-
T, C-S, and M zones; and in any other zone, to any parcel or contiguous parcels of at least one acre.
B. C. General Plan Compliance. The preparation, review, and approval of a PD overlay zone shall require strict
compliance with the general plan and any applicable specific plan..
D. Relationship of PD Overlay to Primary Zoning District.
1. Allowable Land17.48.020 – Allowed Uses.
Any use or combination of uses allowed by Section 17.22.010 (Uses allowed by zones) within the underlying zoning
districtzone may be established within the PD overlay zone, subject to any additional limitations on specific land uses
provided by the overlay as adopted. No PD overlay zone shall allow a land use that is not allowed in the primary zoning
districtzone, or by the general planGeneral Plan or any applicable specific plan.
17.48.030 – Development Standards
A. Minimum Lot Area Required. The minimum lot area of a PD overlay zone shall be one-half of a contiguous acre.
B. General Plan Compliance. The preparation, review, and approval of a PD overlay zone shall require strict
compliance with the General Plan and any applicable specific plan.
C. Relationship of PD Overlay Zone to Primary Zone.
1.
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2. Planning Permit Requirements. Development and new uses within the PD overlay districtzone shall obtain the
permits required by Section 17.22.010 for the underlying zone.
3.
2. Site Planning and Project Development Standards. Development and new land uses within the PD overlay
zone shall comply with all applicable development standards of the underlying zone, except as specifically
modified, waived, or augmented by the PD overlay zone.
E. Scope of Approval.D. Deviation from Development Standards. The application of the PD overlay zone to
property may include the adjustment or modification, where necessary and justifiable, of any applicable
development standard of these zoning regulationsthis Title 17 (e.g., building height, floor area ratio, parcel size,
parking, setbacks, etc.),.) or of the city’sCity’s subdivision regulations. The maximum density as allowed by cross-
slope percent may be adjusted but shall not exceed the maximum density allowed in the average cross-slope
category zero through fifteen15 percent for the applicable zoning district. (Ord. 1553 § 21, 2010; Ord. 1438 § 4
(part), 2003)zone.
E. Qualifying Community Benefits. Each proposed project shall comply with Section 17.xx.xxx (Mandatory Project
Features).
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17.48.040 – Phasing
A. Timing of Rezoning. Application of the PD overlay zone shall occur simultaneously with the approval of a specific
project through the planned development process (Chapter 17.62).
B. Phasing. If the construction of the planned development is to occur in phases, the open space and common
facilities shall be developed and made available in proportion to the number of dwelling units or nonresidential floor
area occupied during any given stage. At no time during construction of the project shall the density of developed
land exceed the overall density established in the final development plan. 52.030
17.48.050 – Preliminary Development Plan Required
17.62.010 Preliminary development plan.
Application
In addition to any application requirements set forth in Section 17.xx.xxx (Permit Application Procedures), an application
for planned development shall be made to the community development departmentCommunity Development
Department and shall consist of a preliminary development plan, to include:
A. A legal description of the total site involved;
B. A statement of the objectives to be achieved by the planned development through the particular approach to be
used by the applicant;
C. A schedule indicating the approximate dates when construction of the development or stages of the development
are to be started and completed;
D. A quantified description of the total number and type of dwelling units, parcel sizes, coverage, modified and natural
open space, grading, residential densities, and areas devoted to nonresidential uses;
E. Identification of portions of the development which would otherwise require a varianceVariance, and reason for the
deviation from normal standards;
F. A site plan and supporting maps, drawn to a suitable scale and clearly labeled, showing if applicable:
1. Existing site conditions, including contours, vegetation and water courses;
2. Proposed lot designs;
3. Location and floor area of existing and proposed buildings or outlines of areas within which buildings may be
located;
4. Location and size of all areas to be conveyed or reserved as common open spaces or for public or semipublic
uses;
5. Existing and proposed circulation system of arterial, collector and local streets; off-street parking, loading, and
emergency access areas; points of access to public rights-of-way; proposed ownership of circulation routes;
6. Existing and proposed sidewalks and paths;
7. Existing and proposed utility systems, including sanitary sewer, storm drainage, water, electricity, gas and
telephone;
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8. A general landscape plan; and
9. A general grading plan;.
G. Information on land area adjacent to the proposed development, indicating important relationships between the
proposal and surrounding land uses, circulation systems, public facilities and natural features; and
H. Any additional information which may be required by the directorDirector to evaluate the character and impact of
the planned development. (Ord. 1265 § 2 Ex. A, 1994; Ord. 941 § 1 (part), 1982: prior code § 9204.4(A))
17.52.04048.060 – Mandatory Project Features
The Planning Commission may recommend and the Council may approve a rezoning to apply the PD overlay zone only
for a project that incorporates a minimum of three of the following four features:
A. A minimum of 25 percent of the residential units within the project are affordable to households of very low-, low, or
moderate-income households. (See Municipal Code Chapter 17.90 for incentives provided for affordable housing
development, including density bonuses and possible fee waivers).
B. The project will achieve greater energy efficiency than standard developments through the incorporation of green
building techniques, scoring at least a silver rating on the LEED or other equivalent rating system, or achieving
zero-net energy use.
C. The project will preserve, enhance, and/or create a significant natural feature with a minimum open space area of
one-quarter acre.
D. The project will provide a substantial public amenity, for example, a significant public plaza, a public park, or a
similar improved open space feature, including provisions for guaranteed long-term maintenance not at the expense
of the City.
17.48.070 – Process for Approval
17.62.020 Actions of the planning commission.
A. Planning Commission Recommendation. After giving notice as provided in Section 17.70.030, the planning
commissionxxx.xxx (Public Hearings and Notice), the Planning Commission shall hold a public hearing on the
application. The planning commissionPlanning Commission may approve, approverecommend approval, approval
subject to certain modifications, or denydenial of the application. The decision of the planning commissionPlanning
Commission shall be in the form of a recommendation to the councilCouncil and shall be rendered in writing, stating
all modifications or conditions to be reflected in final development plan. (Ord. 941 § 1 (part), 1982: prior code §
9204.4(B))
17.62.030B. Actions of the council.
Council. After giving notice as provided in Section 17.70.030,xxx.xxx (Public Hearings and Notice), the councilCouncil
shall hold a public hearing on the application and the recommendations of the planning commission.Planning
Commission. The councilCouncil may approve, approve subject to certain modifications, or deny the proposal. The
decision of the councilCouncil shall be rendered in writing, stating all modifications or conditions to be reflected in
the final development plan. If it approves or conditionally approves the preliminary development plan, the
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councilCouncil shall approve the rezoning and the official zone map shall be amended to indicate approval of the
planned development. (Ord. 941 § 1 (part), 1982: prior code § 9204.4(C))
17.62.040 Required findings.
Repealed by Ord. 1438. (Ord. 1129 § 1 (part), 1988: Ord. 1087 § 1 Ex. A(2), 1987; Ord. 941 § 1 (part), 1982: prior
code § 9204.4(D))
17.62.045C. Decision and findings.
Findings. Following a public hearing, the commissionPlanning Commission may recommend, and the councilCouncil
may approve or disapprove, a rezoning to apply the PD overlay zoning district in compliance with this section.
A. Mandatory Project Features.Section. The review authority may recommend or approve a rezoning to apply the PD
overlay zoning district only for a project that incorporates a minimum of two of the following four features.
1. A minimum of twenty-five percent of the residential units within the project are affordable to households of
very low, low or moderate income (See Municipal Code Chapter 17.90 for incentives provided for
affordable housing development, including density bonuses and possible fee waivers);
2. The project will achieve greater energy efficiency than standard developments through the incorporation of
green building techniques, scoring at least a silver rating on the LEED or other equivalent rating system, or
achieving a minimum of thirty percent greater energy efficiency than the minimum required by California
Code of Regulations Title 24;
3. The project will preserve, enhance, and/or create a significant natural feature with a minimum area of one-
half acre; or
4. The project will provide a substantial public amenity, for example, a significant public plaza, a public park,
or a similar improved open space feature, including provisions for guaranteed long-term maintenance not
at the expense of the city.
B. Required Findings for Approval. The review authorityCouncil may approve a rezoning to apply the PD overlay zoning
district only after first making all of the following findings:
1. The project is consistent with the general planGeneral Plan and any applicable specific plan, and the;
2. The proposed land use is allowed within the applicable primary zoning district;
2. 3. The project complies with all applicable provisions of these zoning regulations Zoning Regulations
other than those modified by the PD rezoning;
3. 4. The approved modifications to the development standards of these zoning regulationsZoning
Regulations are necessary and appropriate to accommodate the superior design of the proposed project, its
compatibility with adjacent land uses, and its successful mitigation of environmental impacts;
4.
5. The project complies with all applicable cityCity design guidelines;
6.
5. All affected public facilities, services, and utilities are adequate to serve the proposed project;
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6. 7. The location, size, site planning, building design features, and operating characteristics of the project
are highly suited to the characteristics of the site and surrounding neighborhood, and will be compatible with
the character of the site, and the land uses and development intended for the surrounding neighborhood by
the general planGeneral Plan;
7. 8. The site is adequate for the project in terms of size, configuration, topography, and other applicable
features, and;
9. The proposed community benefits directly implement objectives of the General Plan;
10. The community benefits proposed do not principally benefit the project or occupants of the project, but rather
provide a district or area-wide benefit within San Luis Obispo;
11. The site has appropriate access to public streets with adequate capacity to accommodate the quantity and
type of traffic expected to be generated by the use; and
8. 12. The establishment, maintenance, or operation of the proposed project will not, in the circumstances
of the particular case, be detrimental to the health, safety, or general welfare of persons residing or working in
the vicinity of the proposed use, or detrimental or injurious to property and improvements in the neighborhood
or to the general welfare of the city. (Ord. 1528* § 3 Ex. A (part), 2009; Ord. 1500 § 3 (part), 2007; Ord. 1438
§ 4 (part), 2003)City.
*Code reviser’s note: Ordinance 1528 sets out amendments to Section
17.50.060, using the numbering of this section that existed prior to the amendments of Ordinance 1438.
17.52.05048.080 – Final Development Plan
17.62.060 Final development plan.
A. Within two years of approval or conditional approval of the development plan, the applicant shall file with the
community development departmentCommunity Development Department a final development plan. At his/her
discretion and for good cause, the directorDirector may extend the time for filing the final development plan for a
period or periods not exceeding a total of three years.
B. The final development plan shall include those items from Section 17.62.010xx.xxx (Preliminary development
planDevelopment Plan) which describe the proposal, including division of land, type and location of all buildings
and improvements, and so on, but it need not include information on existing conditions.
C. The directorDirector shall review and take action on the final development plan within thirty30 days of filing. He or
/she shall approve it upon finding that it is in substantial compliance with the preliminary development plan as
approved or modified by the councilCouncil. Upon approval of the final development plan, the directorDirector shall
add the number of the planned development to the official zone map (for example, PD ([9999)).]). Subsequently,
all grading, construction, and landscaping shall comply with the approved final development plan.
D. The final development plan may consist of final subdivision maps, building construction plans, grading plans, and
so on, that would normally be submitted in the course of development, and need not be a separate submittal. The
directorDirector shall determine the extent to which any additional documentation of development plans is required.
(Ord. 1528* § 3 Ex. A (part), 2009; Ord. 941 § 1 (part), 1982: prior code § 9204.4(F))
*Code reviser’s note: Ordinance 1528 sets out amendments to Section 17.50.080, using the numbering of this section
that existed prior to the amendments of Ordinance 1438.
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17.62.050 Requirement for development plan.
E. No land division may be undertaken, and no construction begun within an area zoned PD until a final development
plan has been approved. (Ord. 1528* § 3 Ex. A (part), 2009: Ord. 941 § 1 (part), 1982: prior code § 9204.4(E))
*Code reviser’s note: Ordinance 1528 sets out amendments to Section
17.50.070, using the numbering of this section that existed prior to the amendments of Ordinance 1438.
17.52.060 – Phasing
17.62.070 Phasing.
If the construction of the planned development is to occur in phases, the open space and common facilities shall be
developed and made available in proportion to the number of dwelling units or nonresidential floor area occupied
during any given stage. At no time during construction of the project shall the density of developed land exceed the
overall density established in the final development plan. (Ord. 941 § 1 (part), 1982: prior code § 9204.4(G))
17.52.07048.090 – Amendment to Final Development Plan
17.62.080 Amendment of final development plan.
A. Minor differences in substantial conformance between the approved development plan and construction plans may
be allowed by the director.Director, as authorized and defined in Section17.xx.xxx (XXXXX).
B. Written requests for amendments to a final development plan may be approved by the planning
commissionPlanning Commission after a public hearing, notice of which has been given as provided in Section
17.70.030.xx.xxx (Public Hearings and Noticing). Amendments shall be limited to changes in the size and position
of buildings; the number, area or configuration of lots; landscape treatment; phasing, and the like.
C. Amendments may not include changes in proposed use, overall density, or overall configuration of the land uses
and circulation features. Changes to these aspects may be accomplished only by reapplication and submittal of a
new preliminary development plan.
D. Amendments to large office PD ordinances approved by the councilCouncil prior to June 2003 may be approved
under subsection B of this sectionSection to allow changes in proposed use as long as, provided those uses are
determined by the planning commissionPlanning Commission to be consistent with the general planGeneral Plan.
E. These procedures apply whether or not all or part of the development has been built. (Ord. 1438 § 4 (part), 2003;
Ord. 941 § 1 (part), 1982: prior code § 9204.4(H))
17.52.08048.100 – Revocation of PD Zoning
17.62.090 Revocation of PD zoning.
If a final development plan is not carried out in the time specified in the development plan or within an approved extension
period, the planning commissionPlanning Commission and councilCouncil may remove the PD designation according
to the usual procedure for cityCity-initiated rezoning. (Ord. 941 § 1 (part), 1982: prior code § 9204.4(1))
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CHAPTER 17.5450. SPECIFIC PLAN (SP) OVERLAY ZONE
17.5450.010 – Purpose and Application
17.52.010 Purpose and application.
The SP
The Specific Plan (SP) overlay zone is established to implement Sections 65450 through 65457 of the California
Government Code. As provided for in the Government Code, a Specific Plan is designed to provide for flexibility,
innovative use of land resources and development, a variety of housing and other development types, and an effective
and safe method of pedestrian and vehicular circulation. The SP overlay zone is intended to translate the provisions of
an adopted specific plan into regulations for the subsequent development of land. ItThe SP overlay zone will be applied
to areas for which a specific plan has been adopted or where the general planGeneral Plan calls for a specific plan prior
to development, generally within residential expansion areas. (Ord. 941 § 1 (part), 1982: prior code § 9203.15(A)).
17.5450.020 – Allowed Uses and Development Standards
17.52.020
A. Allowed uses.Uses.
1. Prior to Specific Plan Adoption. Prior to adoption of a specific plan, areas in the SP overlay zone may be
used in conformanceshall comply with the use provisions of the C/OS zone.
2. Post Specific Plan Adoption. Once a specific plan has been adopted, uses shall be as provided in the
applicable specific plan. (Ord. 941 § 1 (part), 1982: prior code § 9203.15(
B))
. General
17.54.030 – Development Standards
17.52.030 Property. Density, FAR, height, setbacks, lot coverage, parking, and any other listed development
standards.
A. Residential density shall be as provided in the specific plan.
B. Height, yards, coverage and parking shall be as provided in theapplicable specific plan. If the specific plan does not
contain explicit provisions on these items, they shall be provided inas required for the underlying zone.
C. 17.50.030 Additional Regulations.
Other development features explicitly contained in the applicable specific plan, such as landscaping, building siting and
form, and circulation, shall be as provided in the specific plan. (Ord. 941 § 1 (part), 1982: prior code § 9203.15(C))Where
a specific plan is silent with regard to particular development standards, the provisions of the underlying zone shall
govern.
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CHAPTER 17.5652. SPECIAL FOCUS AREA (S-F) OVERLAY ZONE
17.5652.010 – Purpose and Application
17.53.010 Purpose
Special Focus (S-F) areas are those areas identified explicitly in the General Plan as areas that present opportunities
for customized land use approaches and application.
/or special design implementation to enhance the use and conditions in these areas and to achieve development
potential consistent with General Plan land use policies. The S-F overlay zone is intended to translate the provisions of
general planGeneral Plan Land Use Element Chapter 8 (Special Focus Areas) into regulations for the subsequent
development of land. ItThe S-F overlay zone will be applied to areas identified in Chapter 8 as special planning
areasSpecial Focus Areas, where the general planGeneral Plan Land Use Element calls for special design concepts.
(Ord. 1610 § 4 (part), 2014)
17.5652.020 – Allowed Uses
17.53.020 Allowed uses and development standards.
All development within the special planning areas shall adhere to the requirements of the underlying zone district and
the provisions for each of the respective special planning areas, as described in Chapter 8 of the Land Use Element.
(MIG NOTE: this sentence is taken from the entry below since they overlap)
17.56.030 - Development Standards
17.53.020 Allowed uses and development standards.
All development
A. General. All uses within the special planning areas shall adhere to the requirements of the underlying zone district
and the provisions for each of the respective special planning areas, as described in Chapter 8 of the Land Use
Element.
B. Land Use Element Policies for Specific Uses. New uses that the Director determines are consistent with and
expressly allowed by the Land Use Element for a special focus area shall be considered allowed uses and not
require a Use Permit in the applicable S-F overlay zone area.
17.52.030 – Development Standards
A. Development Objectives. All development within any S-F overlay zone shall adhere to the requirements of the
underlying zone and the provisions for each respective Special Focus planning area, as described in Chapter 8 of
the Land Use Element. In addition, development objectives within each of the special planning areasS-F overlay
zone shall be interpreted by the community development director or applicable advisory body or commission in
orderreview authority to achieve the development objectives of the special focus areasapplicable Special Focus
Area. Where provisions of the underlying zone and Land Use Element Chapter 8 conflict, Land Use Element policies
shall take precedence. Planning commission review and approval are required for the following special focus areas:
Foothill Boulevard/Santa Rosa, Caltrans Site, Madonna Inn Area, Sunset Drive-In Theater/Prado Road Area, LOVR
Creekside Area as shown in the Land Use Element. (Ord. 1610 § 4 (part), 2014)
17.56.040 – Subsequent Amendments
17.53.030 Subsequent amendments.
Minor adjustments
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B. Adopted Area Plan. Where an adopted area plan applies to internalan area with an S-F overlay zone district
boundaries within each, all projects shall comply with the provisions and regulations of the special planning
areasarea plan.
C. Conflicts. Development features explicitly contained in an applicable area plan or Land Use Element policy for a
particular S-F overlay, such as landscaping, building siting and form, and circulation, shall be as provided in the
applicable area plan or Land Use Element policy. Where the area plan or Land Use Element is silent with regard
to particular development standards, the provisions of the underlying zone shall govern.
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CHAPTER 17.54. DOWNTOWN (D) OVERLAY ZONE
17.54.010 – Purpose and Application
A. Purpose. The Downtown (D) overlay zone is intended to implement the vision of Downtown and the community’s
urban center as articulated in the General Plan Land Use Element, which serves as the cultural, social,
entertainment, and political center of the City for its residents, as well as home to those who live in its historic
neighborhoods.
B. Application. Application of the D overlay zone may be proposed or initiated by the Council or Planning Commission
and may only be applied to properties within the vicinity of the Downtown Core, as identified in the General Plan
Land Use Element.
17.54.020 – Allowed Uses and Development Standards
A. Consistent with Underlying Zoning. Where an application is consistent with the use and development standards
of the underlying zone, no additional process or procedure beyond that which is generally required during
development for the application shall apply.
B. Apply C-D Zoning Standards. Within the D overlay zone, an applicant may request to apply C-D zoning regulations
for the subject property. In granting a request to apply C-D zoning regulations within the D overlay zone,
Development Review – Tier III review and approval shall be required.
17.54.based on physical site conditions, environmental impacts040 – Required Findings
A. Findings Required for Development Projects. In addition to the findings associated with Tier III Development
Review, the approval of any project in the D overlay zone shall require that the review authority find:
1. That the project conforms with the purpose, intent, and provisions of the Downtown Core as stated in the Land
Use Element of the General Plan; and
2. That the project conforms to the C-D zone development standards and consistent with applicable standards
identified in the Downtown Design Chapter of the Community Design Guidelines; and
3. The project furthers the vision, principles, and goals of the Downtown Concept Plan; and
4. That the project’s location, size, height, operations, and other factors, as deemed appropriate in order to best
implement policies and programs contained in the general plan. (Ord. 1610 § 4 (part), 2014)significant features
will be compatible with and will not adversely affect or further degrade adjacent properties, the surrounding
neighborhood, or the public health, welfare, and safety; and
5. That the project provides for an arrangement of uses, buildings, structures, open spaces and other
improvements that are compatible with the scale and character of the adjacent properties and surrounding
neighborhood.
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CHAPTER 17.5856. HISTORICAL PRESERVATION (H) OVERLAY ZONE
17.5856.010 – Purpose and Application
17.54.010 Purpose and application.
A. Purpose. The H overlay zone identifiesis established to identify parcels, areas, or structures that (1) are
architecturally or historically important, and (2) may be eligible for benefits offered through the city’sCity’s historical
preservation program.
B.
B. Application. The H overlay zone may be applied to areas with any of the following characteristics:
1. The property is within an area where buildings with pre-1941 architectural styles create a recognizable
character;.
2. The property or area contains structures which (a) are good or excellent examples of pre-1941 architecture, or
(b) were designed by eminent architects or designers, or (c) are community architectural landmarks;.
3. The property or area contains structures that are included in the city’sCity’s Master List of Historical Resources;.
4. The property, area, or structure was owned or occupied by someone who had a significant role in the history
of the cityCity, region, stateState, or nation. (Ord. 1086 § 1 Ex. A (part), 1987)
17.58.020 – Allowed Uses
17.5456.020 – Allowed uses.Uses
Uses shall be regulated as provided in the underlying zone. (Ord. 1086 § 1 Ex. A (part), 1987)
17.56.030 – Development Standards
17.54.030 Property development standards.
Property development standards shall be as established by the underlying zone. (Ord. 1086 § 1 Ex. A (part), 1987)
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17.56.040 –
Review Procedures
Municipal Code Chapter 14.01 establishes the review procedures for development applications for properties within the
H overlay zone.
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CHAPTER 17.6058. MIXED USE (MU) OVERLAY ZONE
17.6058.010 – Purpose
17.55.010
A. Purpose.
The Mixed Use (MU) overlay zone, in combination with any other zone, requires a mix of residential and
nonresidential uses on the same site, where mixed -use development would otherwise be optional.
at the discretion of the property owner. The primary purpose of the MU overlay zone is to provide a means for the cityCity
to identify areas where the public health, safety, and welfare will be enhanced by requiring that all allowed
development be in the form of mixed -use projects, where ground -floor street frontages are occupied by retail,
business, or personal services uses withand residential uses are located above, or to the rear of a site. The MU
overlay zone is intended to promote a compact city, to provide additional housing opportunities (—including
affordable housing opportunities), —which is the first priority, and to reduce autovehicle travel by providing services,
jobs, and housing in proximity. The cityCity desires the safety provided by having residential components in
commercial areas. (Ord. 1438 § 5 (part), 2003)
17.60.020 – B. Application and Procedure.
17.55.020 Application and procedure.
A
1. General. The requirements of this Chapter shall apply to all new construction projects, but shall not apply to
additions to existing buildings, expansion of an existing use, or change of use.
2. Initiation. Application of the MU overlay zone may be initiated by the city council or planning
commission,Council or Planning Commission to ensure that mixed residential and commercial uses will be
included when certain parcels are developed or redeveloped, or by a property owner.
17.58.020 – Allowed Uses
Each land use proposed on a site subject to the MU overlay zone shall be authorized in compliance with the permit
requirements of Section 17.22.010 (Uses allowed by zones) that apply to the underlying zone, except that new mixed
use projects that the Director determines are consistent with the standards of this Section shall not require a Minor or
Conditional Use permit for mixed uses.
17.58.030 – Development and Design Standards
Property development standards shall be those of the underlying zone, except that the application of the MU overlay
B.zone to a property may include establishing a higher height limit than the underlying zone to more effectively
accommodate the residential component of a mixed-use project. Any such request for a higher height limit shall be set
forth in the subject application and shall be reviewed by the applicable review authority as part of the overall application.
Proposed development and new land uses shall also comply with all applicable provisions of Section 17.08.072 (Mixed-
use Developments).
17.58.040 – Additional Regulations
A. Ordinance Contents. An ordinance adopting ana MU overlay zone shall specify the following items and may
include any other standard that would further the purpose and intent of this chapterChapter:
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1. 1. The types of uses which are required or allowed to be combined;
2. Any standards for the uses locations or their relationships to each other; and/or
3. Any issues specific to the site or the intended combination of uses which must be resolved by the design of the
project.
C. Each land use proposed on a site subject to the MU overlay shall be authorized in compliance with the permit
requirements of Section 17.22.010 (Uses allowed by zones) that apply to the underlying zone. (Ord. 1438 § 5 (part),
2003)
17.60.030 – Development and Design Standards
17.55.030 Property development standards.
Property development standards shall be those of the underlying zone, except that the application of the MU overlay
to property may include establishing a higher height limit than the underlying zone, to more effectively accommodate
the residential component of a mixed use project. Proposed development and new land uses shall also comply with all
applicable provisions of Section 17.08.072 (Mixed use projects). (Ord. 1438 § 5 (part), 2003)
17.08.072 Mixed use projects.
This section provides standards for the design of mixed use projects.
B. Mix of Uses. A mixed use project requires a combination of residential units with any other use, or combination of
uses allowed in the applicable zoning district by Section 17.22.010; provided, that where a mixed use project is
proposed with a use required by Section 17.22.010 to have use permit approval in the applicable zoning district, the
entire mixed use project shall be subject to that permit requirement.
C. Maximum Density. The residential component of a mixed use project shall comply with the maximum density
requirements of the applicable zoning district, plus density bonuses where applicable.
D. Site Layout and Project Design Standards. Each proposed mixed use project shall comply with the property
development standards of the applicable zoning district, and the following requirements.
1. Location of Units. Residential units shall not occupy ground floor space within the first fifty feet of floor area
measured from each building face adjacent to a street, or any ground floor space in the C-D zoning district.
2. Loading Areas. Commercial loading areas shall be located as far as possible from residential units and
shall be screened from view from the residential portion of the project to the extent feasible.
3. Refuse and Recycling Areas. Areas for the collection and storage of refuse and recyclable materials shall
be located on the site in locations that are convenient for both the residential and nonresidential uses.
17.60.040 – Design Considerations
17.08.072 Mixed use projects.
A. Design Considerations. A mixed use project shall be designed to achieve the following objectives:
1. The design shall provide for internal compatibility between the different uses.
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2. Potential noise, odors, glare, pedestrian traffic, and other potentially significant impacts on residents shall
be minimized to allow a compatible mix of residential and nonresidential uses on the same site.
3. The design of the mixed use project shall take into consideration potential impacts on adjacent properties
and shall include specific design features to minimize potential impacts.
4. The design of a mixed use project shall ensure that the residential units are of a residential character, and
that privacy between residential units and between other uses on the site is maximized.
5. The design of the structures and site planning shall encourage integration of the street pedestrian
environment with the nonresidential uses through the use of plazas, courtyards, walkways, and street
furniture.
6. Site planning and building design shall be compatible with and enhance the adjacent and surrounding
residential neighborhood in terms of scale, building design, color, exterior materials, roof styles, lighting,
landscaping, and signage.
17.60.050 – Performance Standards
17.08.072 Mixed use projects.
E. Performance Standards.
1. Lighting. Lighting for the commercial uses shall be appropriately shielded to not negatively impact the
residential units.
2. Noise. All residential units shall be designed to minimize adverse impacts from nonresidential project
noise, in compliance with the city’s noise regulations.
3. Hours of Operation. A mixed use project proposing a commercial component that will operate outside of
the hours from eight a.m. to six p.m. shall require the director’s approval to ensure that the commercial use
will not negatively impact the residential uses within the project.
17.60.060 – Requirements for Use Permit Projects
17.08.072 Mixed use projects.
F. Requirements for Use Permit Projects. A mixed use project that requires use permit approval in compliance with
subsection B of this section, or that is located in the C-S or M zoning districts is subject to the following
requirements:
1. Property Development Standards. The approval of a use permit for a mixed use project may include:
a. Conditions of approval that require provisions and standards in addition to, or instead of the
property development standards of the applicable zoning district to ensure the compatibility of
uses and surroundings; or
b. Less restrictive standards than required by the applicable zoning district, to the extent allowed by
use permit approval in other sections of these regulations, to make particular use combinations
more feasible.
2. Mandatory Findings for Approval. The approval of a use permit for a mixed use project shall require that
the review authority first make all of the following findings, as applicable:
a. The project’s mixed uses are consistent with the general plan and are compatible with their
surroundings, with neighboring uses, and with each other;
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b. The projects design protects the public health, safety, and welfare; and
c. The mixed uses provide greater public benefits than single-use development of the site. This
finding must enumerate those benefits, such as proximity of workplaces and housing, automobile
trip reduction, provision of affordable housing, or other benefits consistent with the purposes of
this section.
3. Mandatory findings for more restrictive standards. To require property development standards more
restrictive than those of the underlying zone, the review authority must make one of the following findings:
a. Site-specific property development standards are needed to protect all proposed uses of the site,
in particular residential uses; or
b. Site-specific property development standards are needed to make the project consistent with the
intent of these regulations; or
c. The preponderance of the development proposed for the site is of a type not normally permitted in
the underlying zone, so property development standards for the zone where such development is
normally found are appropriate. (Ord. 1553 § 6, 2010; Ord. 1500 § 3 (part), 2007; Ord. 1438 § 5
(part), 2003)
CHAPTER 17.6260. SPECIAL CONSIDERATION (S) OVERLAY ZONE
17.6260.010 – Purpose and Application
17.56.010
Purpose and application.
. The purpose of the S overlay zone has two purposes:
A. A. Inis, in combination with any zone, to require approval of an administrative use permitadditional discretionary
review before any use particular uses may be established. The use permit or development initiated, as identified
in the adopting ordinance or plan for each individual S overlay zone. This requirement is intended to assureensure
compatibility of the use and development with its surroundings, or conformance with the general planGeneral Plan,
or to determine if a proposed development solves problems such as noise exposure, flood hazard, airport hazard,
or slope instability which are particularly severe on a given site. Such development review may also be used to
protect areas of historic resources, indigenous cultural resources, scenic or ecological sensitivity, wildlife habitat,
or wildland fire hazard.
B. Application.
1. S-Overlay Zone Initiation. Application of the S overlay zone may be initiated by the Council or Planning
Commission to ensure that specific site features are considered during future project development, or by a
property owner.
2. Ordinance Contents. The ordinance adopting the S overlay zone willshall specify the considerations to be
addressed, which of the findings listed in Section 17.60.040 (Findings) will be required for project approval,
and the ordinance any additional findings or regulations. Each S Overlay shall have a unique name and
identifying number will be incorporated in the . The overlay number indicated in the Ordinance shall be shown
on the official zone map designation;.
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B. In combination with any other zone, to require a larger minimum parcel size than required by the underlying zone.
In such cases it will be designated on the zone map as, for example, R-1-S-3, which indicates a minimum parcel
size of three acres. (Ord. 1265 § 2 Ex. A, 1994; Ord. 941 § 1 (part), 1982: prior code § 9203.17(A))
17.6260.020 – Allowed Uses
17.56.020 Allowed uses.
Subject
A. Where Adopting Ordinance Identifies Use. Where an S overlay adopting ordinance identifies a particular land
use of concern and directs approval of a Minor Use Permit for such particular use, upon change or establishment
of such use, a Minor Use Permit shall be required for that use.
B. Where Adopting Ordinance is Silent on Use. Where the S overlay zone adopting ordinance is silent with regard
to approval of an administrative use permituses of concern, any allowed or conditionally allowed use in the
underlying zone may be established. (Ord. 1265 § 2 Ex. A, 1994; Ord. 941 § 1 (part), 1982: prior code § 9203.17(B))
17.6260.030 – Development Standards
17.56.030 Property development standards.
As provided in Sections 17.58.020 through 17.58.080, the planning commission
A. Development Review. Unless otherwise specified in the S overlay adopting ordinance, all new construction
projects and significant additions to existing buildings shall be subject to Development Review – Major review and
approval.
B. Conditions and Standards. In order to fulfill the intent of these regulations, in approving a project within the S
overlay zone, the review authority may establish conditions relating to improvements, building location, access, and
so on,etc., which are more restrictive than provided in the underlying zone, in order to fulfill the intent of these
regulations. (Ord. 1265 § 2 Ex. A, 1994; Ord. 941 § 1 (part), 1982: prior code § 9203.17(C)).
17.6260.040 – Waiver of Required Findings
A. Primary Finding Required for All Projects. In addition to the findings associated with a Minor Use Permit
Requirement with Subdivision Mapor Tier II Development Review, as applicable, the review authority shall also find
that the project is compliant with the adopting ordinance applicable to the relevant S overlay.
17.56.040 Procedure—Subdivisions—Waiver of use permit requirement when property subject to subdivision
map application.
The director may waive the requirement for a use permit when property proposed for development is the subject of a
subdivision map application. (Ord. 1265 § 2 Ex. A, 1994; Ord. 941 § 1 (part), 1982: prior code § 9203.17(D))
B. Project-Specific Findings. In addition to the finding required in 17.xx.xxx (Primary Findings) above, the review
authority shall also make the related applicable findings listed in this Section. Not all findings listed in this Section
shall apply for each overlay. In determining which findings from this list shall apply, the Director shall consider the
language in the S Overlay adopting ordinance, applicable plan, and General Plan Land Use Element policies.
1. General Plan Policy. Where the S overlay zone is applied to implement a specific General Plan policy, the
approval of any project in the applicable S overlay zone shall require that the review authority find that the
project conforms with the purpose, intent, and provisions of the General Plan policy for which the S overlay
zone was applied.
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2. Compatibility with Surroundings: Nonresidential Projects. Where the S overlay zone is applied to ensure
compatibility with surrounding uses, neighborhoods, or conditions, the approval of any project in the S overlay
zone shall require that the review authority find:
a. That the project will enhance the built environment in the surrounding context or will perform a function or
provide a service that is essential or beneficial to the community;
b. That the project’s location, size, height, operations, and other significant features will be compatible with
and will not adversely affect or further degrade adjacent properties, the surrounding neighborhood, or the
public health, welfare, and safety;
c. That the project provides for an arrangement of uses, buildings, structures, open spaces and other
improvements that are compatible with the scale and character of the adjacent properties and surrounding
neighborhood; and
d. That the project substantially conforms with the purpose, intent, and provisions of the General Plan, any
applicable area plan or specific plan, and applicable Community Design Guidelines.
3. Compatibility with Surroundings: Residential and Mixed-Use Projects. For all multi-unit residential
housing and mixed-use developments where at least two-thirds of the square footage consists of residential,
the use shall not be subject to Subsection 17.XX.XXX.B (Compatibility with Surroundings: Nonresidential
Projects). For such projects, the provisions of Section 17.xx.xxx (Findings and Decision) shall apply.
4. Noise Exposure. Where the S overlay zone is applied to prevent exposure of sensitive receptors to harmful
noise levels, the approval of any project in the S overlay zone shall require that the review authority find that
the project demonstrates consistency with maximum interior and exterior noise limits as indicated in Chapter
9.12 (Noise Control) of the Municipal Code by providing noise analysis, construction details, or other
information deemed necessary by the Director to verify conformance with maximum noise limits, or will
adequately address potential impacts related noise exposure.
5. Flood Hazard. Where the S overlay zone is applied to prevent impacts from flood hazards, the approval of
any project in the S overlay zone shall require that the review authority find that the project demonstrates
avoidance of flood hazards or will adequately address potential impacts related to flood hazards.
6. Airport Hazard. Where the S overlay zone is applied to ensure a project is not impacted by airport hazards,
the approval of any project in the S overlay zone shall require that the review authority find that the project
demonstrates avoidance of airport hazards or will adequately address potential impacts related to airport
hazards.
7. Hillsides/Slope Instability. Where the S overlay zone is applied to ensure development is appropriately
designed in hillside areas, the approval of any project in the S zone shall require that the review authority find:
a. That the project is designed and will be developed to preserve to the greatest extent practicable the natural
features of the land, including the existing topography and landscaping; and
b. That the project is designed and will be developed to be consistent with the Community Design Guidelines
for hillside development.
8. Historical or Cultural Resource Sensitivity. Where the S overlay zone is applied to prevent impacts to
historical resources, the approval of any project in the S zone shall require that the review authority find: that
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the project is designed and will be developed to be consistent with the Community Design Guidelines for
historical resource preservation and applicable requirements of Municipal Code Chapter 14.01.
9. Scenic or Ecological Sensitivity. Where the S overlay zone is applied to prevent impacts to scenic or
ecologically sensitive areas, the approval of any project in the S zone shall require that the review authority
find:
a. That the project is designed and will be developed to preserve to the greatest extent practicable the natural
features of the land, including the existing topography and habitats; and
b. That the project demonstrates avoidance of scenic or ecological sensitivity impacts or will adequately
address potential impacts related to scenic or ecological sensitivity.
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CHAPTER 17.64. AIRPORT (AOZ) OVERLAY (AO) ZONE
17.64.010 – Purpose
17.57.010 Purpose and intent.
The purpose and intent of the airportAO overlay zoning districtzone is to:
A. Implement the city’s general planCity’s General Plan policies to ensure that all land uses within the airport
overlayAO zone (AOZ) are consistent with the State Aeronautics Act, stateState law, Federal Aviation
Administration Regulations, and guidance of the California Airport Land Use Planning Handbook. ;
B. Ensure that land uses and development within the airport overlayAO zone (AOZ) are compatible with existing and
future airport operations.;
C. Prohibit the establishment of incompatible uses and further expansion of incompatible uses whichthat could
detrimentally affect long-term economic vitality of the airport; and to avoid or minimize exposure of persons to
potential hazards associated with current and future airport operations.;
D. Prohibit development, uses, or any installations or activities whichthat could represent a hazard to existing and
future flight operations.;
E. Recognize unique constraints and considerations whichthat apply to properties potentially affected by airport
operations by establishing regulations and review criteria for land use and development which apply specifically to
properties within the airportAO overlay zone (AOZ).; and
F. Recognize the boundary of the San Luis Obispo County regional airport land use plan (ALUP) within the cityCity
limits by establishment of an airportAO overlay zone (AOZ). (Ord. 1610 § 5 (part), 2014).
17.64.020 – Applicability
17.57.020 Applicability.
A. Generally. Regulations in this chapterChapter shall apply to all uses, activities, and existing and proposed
development on properties within safety zones S-1b, S-1c, and S-2 designated in the ALUP. Should an override
action be taken, as authorized in Section 17.64.050.E (ALUC Inconsistency Determination), the cityCity shall ensure
that development is consistent with direction in the State Aeronautics Act, the FAA regulations, and guidance
provided in the Caltrans divisionDivision of Aeronautics Airport Land Use Planning Handbook. New development
and land uses within the runway protection zone and S-1a ALUP safety zones shall be consistent with provisions
of the ALUP.
A. B. Specific Plans. For properties located within the AOZAO overlay zone which also are located within specific
plansa Specific Plan, development regulations, standards, and policies shall be followed perin compliance with
respective specific plans.Specific Plan. In cases where policies or standards are not provided within the specific
planSpecific Plan, the policies and standards within this chapter willChapter shall apply in addition to other
applicable zoning regulations, general planGeneral Plan, or other standards and regulations whichthat apply to the
project or land use. In no case willshall a land use, activity, or development be allowed to violate airspace protection
standards of Section 17.5764.060. (Airspace Protection).
B. C. Existing Development and Land Uses. Non-conformingNonconforming uses and structures shall comply
with airspace protection standards of Section 17.5764.060 (Airspace Protection), which prohibit any activities that
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pose a risk to flight operations within the airportAO overlay zone (AOZ).. Existing land uses that are not consistent
with the airportAO overlay zone (AOZ) are nonconforming uses and may continue, but may not expand more than
ten10 percent beyond the permittedallowed project size at the time of adoption of the AOZ.AO overlay zone. No
increase in density for nonconforming residential land uses is permittedallowed. Nonconforming uses shall comply
with zoning regulations Chapters 17.10 XX (Nonconforming Structures) and 17.14 (nonconforming uses and
nonconforming structures)XX (Nonconforming Uses) and provisions for expiration of nonconforming status and
proposed changes in land use whichthat do not conform to the AOZAO overlay zone.
Development or land uses shall be considered “existing” if one of the following conditions is met:
1. A vesting tentative map has been approved and has not expired or all discretionary approvals have been
obtained and have not expired.
2. Building permits have been issued and have not expired.
3. The structures and site development have been legally established and physically exist. (Ord. 1610 § 5 (part),
2014)
17.57.050D. Airport overlay zone.
Overlay Zone Boundaries. The safety zone boundaries described withinfor the airportAO overlay zone are consistent
with the adopted San Luis Obispo County regional airport land use plan. (Ord. 1610 § 5 (part), 2014)
17.64.030 – Allowed Uses
17.57.040 Development standards and uses. (MIG note: also included in .040)
A. Intent. Land use compatibility standards are intended to minimize the risk to people and property on the ground as
well as to people in an aircraft in the event of an accident or emergency landing occurring outside the airport
boundary.
B. Airport Land Use Plan and Airport Overlay Zone (AOZ).. Development and uses within airport land use plan
safety zones S-1b, S-1c, and S-2 are subject to requirements of Chapter 17.57, Airport Overlay Zone (AOZ).Table
2-24. Development and uses within the runway protection zone (RPZ) and ALUP area S-1a shall be consistent with
provisions of the ALUP. Most areas within the airportAO overlay zone (AOZ) are located within specific planSpecific
Plan areas. Areas within the AOZ whichAO overlay zone that are located in specific plansSpecific Plans designated
with SP zoning shall follow the land use regulations within their respective specific plansSpecific Plans.
A. Allowable Uses and Nonresidential Density. Table 10 lists the uses that are appropriate in the airport land use plan
safety zones S-1b, S-1c and S-2. Table 10 includes maximum density standards for the safety zones listed above
which shall be calculated in accordance with the following method:
1. Nonresidential Density Calculation. Calculations of nonresidential density shall be based on requirements
of Section 17.16.060, Parking space requirements, with the assumption of 1.3 occupants per space and
gross parcel size including adjacent roads to centerline of right-of-way. Nonresidential density shall be
calculated prior to reductions for shared use, trip reduction, bicycle, etc. In determining allowed persons
per acre, all fractions shall be rounded to the nearest whole number.
Example—Proposed Development: Two office buildings, each two stories and containing twenty thousand
square feet of floor area per building. Site size is three net acres. Counting the adjacent road to centerline
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of the right-of-way, three and one-half acres gross. The number of people on the property is assumed to
equal 1.3 times the number of parking spaces.
The average usage intensity would therefore be calculated as follows:
(1) 40,000 sq. ft. floor area x 1.0 parking space per 300 sq. ft. = 134.
(2) 134 parking spaces x 1.3 persons per space = 174 persons per acre.
(3) 174 persons/3.5 acres gross site size = 50 persons per acre average for the site.
2. Exceptions. Subject to approval of an administrative use permit, the community development director may
determine another method of density calculation is appropriate based on the particular characteristics of
the proposed use and/or development. The method of calculation shall remain consistent with
recommended methodologies of Appendix “G” of the California Airport Land Use Planning Handbook.
B. In Table 2-24, these symbols shall have these meanings:
200 Not to exceed 200 persons per acre, measured as set forth in Table 2-24, footnote XX
ALUP Refer to the Airport Land Use Plan
FAA Refer to Federal Aviation Administration Regulations
NSLU Noise Sensitive Land Use;
UZ As allowed in underlying zone or Specific Plan;
UZ1 The use is not allowed within 10,000 feet from the end of primary runway 11-29 for a width of 1,000 feet
on an extension of runway centerline; and is not allowed within 4,000 feet from the end of an existing
secondary runway 7-25 for an area 1,000 feet wide on an extension of the runway centerline.
C. Interpretation of Use Listing. The community development directorThese regulations are intended to permit
similar types of uses within each zone. The Director, subject to the appeal procedures of Chapter 17.66, shall
determine whether uses which are not listed shall be deemed allowed or allowed subject to use permitMinor Use
Permit or Conditional Use Permit approval in a certain zone that are consistent with the State Aeronautics Act with
guidance from the California Airport Land Use Planning Handbook. This interpretation procedure shall not be used
as a substitute for the amendment procedure as a means of adding new types of uses to Table 102-24.
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(Ord. 1610 § 5 (part), 2014)
17.64.040 – Development Standards
17.57.040 Development standards and uses. (MIG note: also included in .030)
D. Allowed
A. Allowable Uses and Nonresidential Density. Table 10 lists the uses that are appropriate in the airport land use
plan safety zones S-1b, S-1c and S-2. Table 10-24 includes maximum density standards for the safety zones listed
above, which shall be calculated in accordance with the following method:
1. Nonresidential Density Calculation. Calculationsvia one of nonresidential density shall be based on
requirements of Section 17.16.060, Parking space requirements, with the assumption of 1.3 occupants per
space and gross parcel size including adjacent roads to centerline of right-of-way. Nonresidential density
shall be calculated prior to reductions for shared use, trip reduction, bicycle, etc. In determining allowed
persons per acre, all fractions shall be rounded to the nearest whole number.
Example—Proposed Development: Two office buildings, each two stories and containing twenty thousand
square feet of floor area per building. Site size is three net acres. Counting the adjacent road to centerline
of the right-of-way, three and one-half acres gross. The number of people on the property is assumed to
equal 1.3 times the number of parking spaces.
The average usage intensity would therefore be calculated as follows:
(1) 40,000 sq. ft. floor area x 1.0 parking space per 300 sq. ft. = 134.
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(2) 134 parking spaces x 1.3 persons per space = 174 persons per acre.
(3) 174 persons/3.5 acres gross site size = 50 persons per acre average for the site.
2. Exceptions. Subject to approval of an administrative use permit, the community development director may determine
another method of density calculation is appropriate based on the particular characteristics of the proposed use
and/or development. The method of calculation shall remain consistent with the recommended methodologies
oflisted in Appendix “G” of the California Airport Land Use Planning Handbook.
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Table 2-24: Airport Overlay Zone (AOZ) - Maximum Allowed Persons
INSERT REVISED TABLE 10 HERE
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RPZ S-1a S-1b S-1c S-2
ALUP ALUP 200 UZ UZ
Animal Husbandry and Grazing ALUP ALUP 200 UZ UZ
ALUP ALUP 200 UZ UZ
ALUP ALUP 200 UZ UZ
ALUP ALUP 200 UZ UZ
ALUP ALUP 200 UZ UZ
ALUP ALUP 200 UZ UZ
Fuel Dealer (propane, etc)ALUP ALUP 200 UZ UZ Hazardous materials - 17.57.060
ALUP ALUP 200 UZ UZ
ALUP ALUP 200 UZ UZ
ALUP ALUP 200 UZ UZ
ALUP ALUP 200 UZ UZ
ALUP ALUP 200 UZ UZ Hazardous materials - 17.57.060
ALUP ALUP 200 UZ UZ Hazardous materials - 17.57.060
ALUP ALUP ALUP UZ UZ Hazardous materials - 17.57.060
ALUP ALUP 200 UZ UZ
ALUP ALUP 200 UZ UZ
Recycling - Small Collection Facility ALUP ALUP 200 UZ UZ
Recycling - Collection and Processing Facility ALUP ALUP 200 UZ UZ
ALUP ALUP 200 UZ UZ
ALUP ALUP 200 UZ UZ
ALUP ALUP 200 UZ UZ
Storage Yard Outdoor Storage ALUP ALUP 200 UZ UZ Hazardous materials - 17.57.060
Storage - Personal Storage facility ALUP ALUP 200 UZ UZ
Warehousing and Indoor Storage ALUP ALUP 200 UZ UZ Hazardous materials - 17.57.060
Wholesaling and distribution ALUP ALUP 200 UZ UZ Hazardous materials - 17.57.060
Food bank/packaged food distribution center ALUP ALUP 200 UZ UZ
ALUP ALUP 200 UZ UZ NSLU
ALUP ALUP 200 UZ UZ NSLU
ALUP ALUP 200 UZ UZ NSLU
ALUP ALUP 200 UZ UZ NSLU
200 UZ UZ NSLU
ALUP ALUP 200 UZ UZ
17.22G
Club, lodge, private meeting hall ALUP ALUP 200 UZ UZ NSLU
Cultural Institutions ALUP ALUP 200 UZ UZ
Golf Course ALUP ALUP 200 UZ UZ
Library, museum ALUP ALUP 200 UZ UZ
Library, branch facility ALUP ALUP 200 UZ UZ
Clinic, laboratory, urgent care ALUP ALUP 200 UZ UZ NSLU
Hospital ALUP ALUP ALUP UZ UZ NSLU
Medical service - Extended care ALUP ALUP ALUP UZ UZ NSLU
Convalescent hospital ALUP ALUP ALUP UZ UZ NSLU
Park playgroundand Recreation Facilities ALUP ALUP 200 UZ UZ NSLU
Public Assembly Facilities ALUP ALUP 200 UZ UZ NSLU
Religious Assembly Facilities ALUP ALUP 200 UZ UZ NSLU
Bakery, wholesale
Warehousing, Storage, and Distribution
Table 2-2410 - Airport Overlay Zone (AOZ) - Maximum Allowed Persons
AGRICULTURE
Laundry, dry cleaning plant
Manufacturing - Heavy
Agricultural Accessory Structure
Community Gardens
Crop production
Greenhouse/Plant Nursery, Commercial
Livestock feed lot
INDUSTY, MANUFACTURING & PROCESSING, WHOLESALING
Land Use
(Applies to areas within ALUP and outside Specific Plan areas - 17.22.010.B)
Specific use Regulations
Hotels and Motels
Bed and Breakfast Inn
Homeless shelter
Hostel
LODGING
Furniture and fixtures manufacturing, cabinet shop
Handicraft Manufacturing
Manufacturing - Light
Laboratory - Medical, Analytical, Research, Testing
Salvage and Wrecking
Petroleum product storage and distribution
Photo and film processing lab
Printing and publishing
Recycling
Recycling facilities - Scrap and dismantling yard
Recreational vehicle (RV) park accessory to hotel, motel
RV Parks
PUBLIC AND QUASI-PUBLIC USES
Vacation Rental
Industrial rResearch and development
Hospitals and Clinics
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ALUP ALUP ALUP UZ UZ NSLU
Schools - Colleges, university campus ALUP ALUP 200 UZ UZ NSLU
ALUP ALUP 200 UZ UZ NSLU
Schools - Primary elementary, middle, and Secondary ALUP ALUP ALUP UZ UZ NSLU
Schools - Specialized Education/Training ALUP ALUP 200 UZ UZ NSLU
Schools - Trade Schools ALUP ALUP 200 UZ UZ NSLU
Sports and active recreation facility ALUP ALUP 200 UZ UZ NSLU
Sports and entertainment assembly facility ALUP ALUP ALUP UZ UZ
General Residential Housing Types
Single-Unit Dwellings, Detached ALUP ALUP
UZ1 UZ UZ NSLU - 17.57.020.B.
Secondary Accessory Dwelling Units ALUP ALUP
UZ1 UZ UZ NSLU
Multi-family-Unit Residential dwellings ALUP ALUP UZ1 UZ UZ NSLU - 17.57.020.B.
Boarding/rooming House, dormitory ALUP ALUP
UZ1 UZ UZ NSLU
Caretaker quarters ALUP ALUP
UZ1 UZ UZ NSLU
Continuing Care Community ALUP ALUP ALUP UZ UZ NSLU
Convents and Monasteries ALUP ALUP UZ1 UZ UZ NSLU
Elderly and Long Term Care ALUP ALUP ALUP UZ UZ NSLU
Daycare - Family Day Care Home (Small and Large)ALUP ALUP ALUP UZ UZ NSLU
Fraternities and Sororities ALUP ALUP
UZ1 UZ UZ NSLU
Residential Hospice In-Patient Facility ALUP ALUP
UZ1 UZ UZ NSLU
High occupancy residential use ALUP ALUP
UZ1 UZ UZ NSLU
Live/work units ALUP ALUP UZ1 UZ UZ NSLU
ALUP ALUP UZ1 UZ UZ NSLU - 17.57.020.B.
Mobile Home Park ALUP ALUP
UZ1 UZ UZ NSLU
ALUP ALUP
UZ1 UZ UZ NSLU
ALUP ALUP
UZ1 UZ UZ NSLU
Rest home ALUP ALUP UZ1 UZ UZ NSLU
Supportive and/or Transitional Housing, with On or Off-Site Services ALUP ALUP
UZ1 UZ UZ NSLU
Work/live units ALUP ALUP UZ1 UZ UZ NSLU
Mixed-use project Development ALUP ALUP
UZ1 UZ UZ NSLU
Adult Entertainment Businesses ALUP ALUP 200 UZ UZ
Animal Boarding/Kennels ALUP ALUP 200 UZ UZ NSLU
Animal Grooming ALUP ALUP 200 UZ UZ NSLU
Animal Retail Sales ALUP ALUP 200 UZ UZ NSLU
Veterinary clinic/hospital, boardingServices, Large Animal ALUP ALUP 200 UZ UZ NSLU
Veterinary clinic/hospital, boardingServices, Small Animal, indoor ALUP ALUP 200 UZ UZ NSLU
ALUP ALUP 200 UZ UZ NSLU
Bakery, retail ALUP ALUP 200 UZ UZ NSLU
ATMs ALUP ALUP 200 UZ UZ
Banks and Credit Unions ALUP ALUP 200 UZ UZ NSLU
Check Cashing Shops/Payday Loans ALUP ALUP 200 UZ UZ
Business Support Services ALUP ALUP 200 UZ UZ NSLU
Cemetery, mausoleum, columbarium ALUP ALUP 200 UZ UZ
17.57.070.A.2.d.
Copying and Quick Printer Service ALUP ALUP 200 UZ UZ
Commercial recreation facility - Outdoor ALUP ALUP ALUP UZ UZ
Commercial Recreation facility - Indoor Large Scale ALUP ALUP ALUP UZ UZ
Fitness/health facility Commercial Recreation - Small Scale ALUP ALUP
ALUP UZ UZ
Day Care Center (child/adult)ALUP ALUP ALUP UZ UZ NSLU
Bars, Nightclubs, and Taverns ALUP ALUP 200 UZ UZ
Night club ALUP ALUP 200 UZ UZ
Outdoor BBQ/Grill, accessory to restaurant ALUP ALUP 200 UZ UZ
Residential Care Facilities - 6 or fewer residents
Residential Care Facilities - 7 or more residents
MIXED USES
COMMERCIAL USES
Banks and Financial Institutions
Veterinary clinic/hospital, boarding, small animal, outdoor
School - Boarding school, elementary, middle, secondary
School - College, university - Satellite classroom facility
RESIDENTIAL USES
Mobile home as temporary residence at building site
Eating and Drinking Establishments
Animal Care, Sales and Services
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Restaurant ALUP ALUP 200 UZ UZ
Restaurant with late hour alcohol service ALUP ALUP 200 UZ UZ
Wine tasting room - off site ALUP ALUP 200 UZ UZ
Groceries, specialty foodsGeneral Market ALUP ALUP 200 UZ UZ
Convenience Store ALUP ALUP 200 UZ UZ
Produce Stand ALUP ALUP 200 UZ UZ
Liquor Store/Alcohol Sales ALUP ALUP 200 UZ UZ
Catering service Food Preparation ALUP ALUP 200 UZ UZ
Mortuary, Funeral Parlors and Internment Services ALUP ALUP 200 UZ UZ
17.57.070.A.2.d.
Studio - Art, Dance, Martial Arts, Music, etc. Instructional Services ALUP ALUP 200 UZ UZ NSLU
Maintenance and Repair Servicesservice, client site services ALUP ALUP 200 UZ UZ
ALUP ALUP 200 UZ UZ
Office - Accessory ALUP ALUP 200 UZ UZ NSLU
Business and Professional Offices ALUP ALUP 200 UZ UZ NSLU
Medical and Dental Offices service - Doctor office ALUP ALUP 200 UZ UZ NSLU
Office - Business and service ALUP ALUP 200 UZ UZ NSLU
Office - Government ALUP ALUP 200 UZ UZ NSLU
Office - Processing ALUP ALUP 200 UZ UZ NSLU
Office - Production and administrative ALUP ALUP 200 UZ UZ NSLU
Office - Professional ALUP ALUP 200 UZ UZ NSLU
Personal Services ALUP ALUP 200 UZ UZ
Personal services - Restricted ALUP ALUP 200 UZ UZ
Residential Support Services ALUP ALUP 200 UZ UZ
Building and landscape Materials salesand Services - Indoor ALUP ALUP 200 UZ UZ
Building and landscape Materials salesand Services - Outdoor ALUP ALUP 200 UZ UZ
Equipment rental ALUP ALUP 200 UZ UZ
General retail - 2,000 sf or less ALUP ALUP 200 UZ UZ
General retail - More than 2,000 sf, up to 15,000 sf ALUP ALUP 200 UZ UZ
General retail - More than 15,000 sf, up to 45,000 sf ALUP ALUP 200 UZ UZ
General retail - More than 45,000 sf, up to 60,000 sf ALUP ALUP 200 UZ UZ
General retail - More than 60,000 sf, up to 140,000 sf ALUP ALUP 200 UZ UZ
Extended hour retail ALUP ALUP 200 UZ UZ
General Retail ALUP ALUP 200 UZ UZ
Large -Scale Retail ALUP ALUP 200 UZ UZ
Nurseries and Garden Centers ALUP ALUP 200 UZ UZ
Farm supply and feed store ALUP ALUP 200 UZ UZ
Furniture, furnishings, and appliance stores ALUP ALUP 200 UZ UZ
Photographer, photographic studio ALUP ALUP 200 UZ UZ NSLU
Warehouse stores - 45,000 sf or less gfa ALUP ALUP 200 UZ UZ
Warehouse stores - more than 45,000 sf gfa ALUP ALUP 200 UZ UZ
Social service organization ALUP ALUP 200 UZ UZ
Theaters ALUP ALUP ALUP UZ UZ
Theater - Drive-In ALUP ALUP ALUP UZ UZ
Office-supporting retail, 2,000 sf or less ALUP ALUP 200 UZ UZ
ALUP ALUP 200 UZ UZ
Auto and Vehicle Sales and Rental ALUP ALUP 200 UZ UZ
Large Vehicle, Construction and Heavy Equipment Sales, Service, and Rental ALUP ALUP 200 UZ UZ
Mobile home, RV, and boat sales ALUP ALUP 200 UZ UZ
Service/Fueling Stations (see also "vehicle services")ALUP ALUP 200 UZ UZ
Auto parts sales, with installation ALUP ALUP 200 UZ UZ
Auto parts sales, without installation ALUP ALUP 200 UZ UZ
Vehicle services - Major Repair/Body Work ALUP ALUP 200 UZ UZ
Vehicle services - Minor Repair/Maintenance ALUP ALUP 200 UZ UZ
Vehicle services - Washing ALUP ALUP 200 UZ UZ
Retail Sales
Offices
Food and Beverage Sales
Repair service - Equipment, large appliances, etc.
Office-supporting retail, More than 2,000, up to 5,000 sf
Vehicle Sales and Services
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Airports ALUP ALUP FAA FAA FAA
Antennas and Telecommunications Facilities ALUP ALUP FAA FAA FAA Airspace Protection 17.57.060
Freight/Truck Terminals ALUP ALUP 200 UZ UZ
ALUP ALUP 200 UZ UZ
Backlots and Soundstages ALUP ALUP 200 UZ UZ NSLU
Broadcast Studios ALUP ALUP 200 UZ UZ NSLU
Heliport ALUP ALUP FAA FAA FAA
Parking facility ALUP ALUP 200 UZ UZ
Parking facility - Multi-level ALUP ALUP 200 UZ UZ
Public Safety Facilities ALUP ALUP 200 UZ UZ
Railroad facilities ALUP ALUP 200 UZ UZ
Transit station or terminal ALUP ALUP 200 UZ UZ
Transit stop ALUP ALUP 200 UZ UZ
Public Utilities Facilities ALUP ALUP 200 UZ UZ
Facilities with on-site staff ALUP ALUP 200 UZ UZ
Facilities with no on-site staff (unmanned)ALUP ALUP 200 UZ UZ
Transmission Lines ALUP ALUP 200 UZ UZ
ALUP ALUP 200 UZ UZ
Educational Conferences Housing ALUP ALUP 200 UZ UZ 17.08.010.C.6
Homestay Rentals ALUP ALUP 200 UZ UZ 17.08.010.C.6
Home Occupation ALUP ALUP UZ1 UZ UZ NSLU
ALUP ALUP 200 UZ UZ 17.08.010.C.6
Office - Temporary ALUP ALUP 200 UZ UZ NSLU
Outdoor temporary and/or seasonal sales ALUP ALUP 200 UZ UZ
Parking facility - Temporary ALUP ALUP 200 UZ UZ
Safe Parking ALUP ALUP 200 UZ UZ 17.08.010.C.6
Special event ALUP ALUP 200 UZ UZ NSLU
Vending machine ALUP ALUP 200 UZ UZ
Wireless Telecommunications Facilities ALUP ALUP 200 UZ UZ
See Section 17.xx.xxx (Wireless
Telecommunications Facilities)
Key:200 = Not to exceed 200 persons per acre
ALUP = Refer to the Airport Land Use Plan
NSLU = Noise Sensitive Land Use (if within 60 db CNEL contour - Figure 13- See requirements of 17.57.070)
UZ = As allowed in underlying Zone or Specific Plan
UZ1 = These uses not allowed within 10,000 feet from the end of primary runway 11-29 for a width of 1,000 feet on an extension of runway centerline; and are not allowed within 4000 feet
from the end of the existing secondary runway 7-25 for an area 1000 ft wide on an extension of the runway centerline.
Water and wastewater treatment plants and services
SPECIFIC AND TEMPORARY LAND USES
Food Trucks
TRANSPORTATION & COMMUNICATIONS
Ambulance, taxi and/or limousine dispatchLight Fleet-Based Services
Media Production
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17.64.050 – Procedures for Establishing Uses within the AOZAO Overlay Zone
17.57.030 Procedures.
A.
A. Approval. All ministerial and discretionary actions within the airportAO overlay zoning district (AOZ)zone shall be
reviewed for consistency with this chapterChapter prior to approval.
B. Mandatory Findings for Approval. When a project or activity is subject to discretionary actions requiring a public
hearing or notice, the applicable review authority, in approving a project, shall make all of the following findings, as
applicable:
1. The project or use complies with the noise compatibility policies of the airportAO overlay zone (AOZ)..
2. The project or use complies with residential and nonresidential density standards in Table 10 of the airport
overlay zone (AOZ2-24 and Section 17.64.040 (Development Standards).
3. The project or use complies with Table 102-24 of the applicable airportAO overlay zone.
4. The project or use complies with the airspace protection policies of the airportAO overlay zone.
5. The project or use complies with the overflight policies of the airportAO overlay zone.
C. Amendments. Other than general plan, specific planGeneral Plan, Specific Plan, or zoning codeZoning
Regulations changes addressed through a previous referral to the San Luis Obispo County regional airport land
use commission (ALUC), or any action to overrule any determination of the ALUC, proposed general planGeneral
Plan land use amendments, zoningZoning Regulations amendments, specific plans, and specific plan amendments
that impact density or intensity of development within the airportAO overlay zone (AOZ) shall be referred to the
airport land use commissionALUC for a determination of compatibility with the adopted airport land use plan.
D. Overrule Provisions. ALUP Updates. Should the San Luis Obispo County airport land use commission (ALUC)
update the San Luis Obispo County regional airport land use plan (ALUP),ALUP, the city council of the city of San
Luis ObispoCouncil shall review the updated ALUP and either make changes to applicable general planGeneral
Plan sections, zoningZoning Regulations, and implementing ordinances, or the city councilCouncil may, pursuant
to Public Utilities Code Section 21676(b), overrule the ALUC. (Ord. 1610 § 5 (part), 2014)
E. ALUC Inconsistency Determination. In compliance with Public Utilities Code Sections 21670 and 21676, the
Council may, after a public hearing and in compliance with to Public Utilities Code Section 21676(b), overrule a
decision of the ALUC which finds that a General Plan amendment, Zoning Regulations amendment, specific plan
or specific plan amendment, or any application pursuant to these Zoning Regulations is inconsistent with the ALUP.
A final decision to overrule the ALUC shall be adopted by a two-thirds vote of the Council, accompanied by specific
findings that the proposed action is consistent with the purposes of Public Utilities Code Section 21670.
17.64.060 – Airspace Protection
17.57.060 Airspace protection.
A. Airspace Protection. Airspace protection standards are intended to reduce the risk of harm to people and property
resulting from an aircraft accident by preventing the creation of land use features and prohibition of any activities
that can pose hazards to the airspace used by aircraft in flight. Airspace protection standards regarding obstruction
and hazards to air navigation are defined in the airport land use planALUP and apply to land uses and development
within the airportAO overlay zone as summarized below:
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1. Objects Affecting Navigable Airspace. Federal Aviation Regulation (FAR Part 77) and Public UtilityUtilities
Code (PUC) Section 21659 require that structures not penetrate the airspace protection surfaces of the airport
without a permit from the California Department of Transportation or a determination by the Federal Aviation
Administration (FAA) that the object does not constitute a hazard to air navigation or would not create an unsafe
condition for air navigation. The airspace surrounding an airport is divided into segments called “imaginary
surfaces,” which identify height limits for objects that require further study by the FAA to avoid creating hazards
to air navigation. Structures that have the potential to be considered an obstruction by the FAA shall be subject
to the provisions listed in subsections (A)(1)(a) through (c) of this sectionSection:
a.
a. Proponents of a project shall file a notice of construction or alteration (Form 7460-1) with the Federal
Aviation Administration (FAA) if a proposed structure is more than two hundred200 feet above ground
level or may exceed one foot in height for every one hundred100 feet from the edge of the nearest point
on the runway for a distance up to twenty thousand20,000 feet. Filing Form 7460-1 with the FAA will initiate
an aeronautical study that will ensure a proposed structure does not constitute a hazard to air navigation
or would not create an unsafe condition for air navigation, including impeding any en route or terminal
(airport) instrument procedures as perin compliance with the United States Standard for Terminal
Instrument Procedures (TERPS) described in FAA Order 8260.3B (Code of Federal Regulations Section
77.29, Evaluating Aeronautical Effect).
b.
b. Approvals for such projects may include the requirement for an avigation easement, marking or lighting of
the structure, or modifications to the structure. The avigation easement shall be consistent with the form
and content of Exhibit H1 in Appendix H of the California Airport Land Use Planning Handbook.
c. Building permits shall not be issued for a project until a determination of no hazard has been issued by the
FAA and any conditions in that determination are met.
2. Other Flight Hazards Prohibited. Any activities within the airportAO overlay zone (AOZ) which could pose a
hazard to flight operations, including but not limited to the following:
a.
a. Glare or distracting lights that could be mistaken for airport lights;
b.
b. Sources of dust, heat, steam, or smoke that may impair pilot vision, or light shows, or laser shows or
spotlights;
c.
c. Any emissions that may cause thermal plumes or other forms of unstable air that generate turbulence
within the flight path;
d.
d. Sources of electrical interference with aircraft communications or navigation;
e.
e. Features that create an increased attraction for wildlife that may be hazardous to airport operations such
as attraction of birds to the extent of creating a significant hazard of bird strikes (examples are outdoor
storage or disposal of food or grain, or large, artificial water features; this provision is not intended to
prevent enhancement or protection of existing wetlands or the mitigation of wetlands impacts). Features
which may pose these risks shall be reviewed for consistency with the FAA’s Advisory Circular 150/5200-
33B, Hazardous Wildlife Attractants on or Near Airports; and
f. Entails installation Installation, construction, or enlargement of a structure that constitutes an
obstruction to air navigation through penetration of FAA Part 77 surfaces except as may be approved by
the Federal Aviation Administration (FAA). (Ord. 1610 § 5 (part), 2014)FAA.
17.64.070 – Noise Compatibility Standards
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17.57.070 Noise.
A. Airport Related Noise. Noise compatibility standards are intended to prevent the establishment of noise-sensitive
land uses in portions of the airport environ that are exposed to significant levels of aircraft noise. Where
permittedallowed within the airportAO overlay zone (AOZ),, the following noise-sensitive land uses shall comply
with applicable noise exposure criteria:
1. Noise analysis from the Airport Master Plan Environmental Impact Report (2006), or subsequent noise analysis
used to update the airport master plan, shall be used for mapping of the long-term noise impact of the airport’s
aviation activity, which includes future planned facilities development depicted in the FAA-approved airport
layout plan. These noise contours are shown in Figure 13the General Plan Noise Element.
a. New Residential Development.
2. New residential uses within the 60 dB CNEL contour as depicted in Figure 13the General Plan Noise Element
Airport Noise Contours map shall demonstrate consistency with maximum noise levels by providing noise
analysis, construction details, or other information deemed necessary by the community development
directorDirector to verify conformance with maximum interior noise levels.
2. Interior Noise Levels Not to Exceed 45 dB CNEL. 3. For the following noise-sensitive land uses, aircraft-
related, interior noise levels shall not exceed 45 dB CNEL (with windows closed):
a.
a. Living or sleeping areas of single -unit, multi-unit, and accessory dwellings, supportive, and/or multifamily
residencestransitional housing;
b.
b. Hotels and motels, hostels, boarding houses, and bed and breakfast inns;
c.
Hospitals and nursing homes;
c. d. Places of worship, meeting halls,clinics, elderly and mortuaries;long-term care, continuing care
communities, hospice in-patient facilities, and residential care facilities;
d. Religious assembly facilities, public assembly facilities, and funeral parlors and internment services; and
e. Schools, libraries and museumsday care centers, and cultural institutions.
3. Interior Noise Levels Not to Exceed 50 dB CNEL. 4. For the following noise-sensitive land uses, aircraft-
related, interior noise levels shall not exceed 50 dB CNEL (with windows closed):
a. Office environments;
b.
a. Offices banks and financial institutions, and business services;
b. Eating and drinking establishments and food and beverage sales; and
c. Other miscellaneous commercial facilities. (Ord. 1610 § 5 (part), 2014)
c. Retail sales; animal care, sales, and services; theaters; vehicle sales and services; personal, instructional,
and maintenance and repair services.
17.64.080 – Overflight Notice
17.57.080 Overflight notice.
A. Aircraft Overflight.
Aircraft overflight standards are intended to provide overflight notification for land uses near the San Luis Obispo County
regional airport. It shall be the responsibility of all owners of property offered for sale or for lease within the airportAO
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overlay zone (AOZ) to provide a disclosure prior to selling or leasing property in San Luis Obispo, as specified in the
airport land use planALUP.
All discretionary actions shall include a condition of approval requiring all owners of property offered for sale or for lease
within the airportAO overlay zone to provide the aforementioned disclosure prior to selling or leasing property. For new
residential land uses, the overflight notification shall be recorded and appear with the property deed. (Ord. 1610 § 5
(part), 2014)
17.64.090 – Designated Clear Areas/Open Land
17.57.090 Open land.
A. Open Land. Areas Defined. Open land areas are intended to increase the chances of a pilot successfully landing
an aircraft in an emergency situation where they arehe or she is unable to reach the runway. The cityCity has
identified properties to contain open land areas as follows:
1. Airport area specific plan: two hundred fiftyArea Specific Plan: 250 acres on the Chevron property with two
areas specifically improved to meet ALUC standards; and a three-hundred300-foot-wide strip adjacent to
Buckley Road (twenty-four24 acres) on the Avila Ranch site.
2. Margarita area specific planArea Specific Plan: two open land areas amid clustered development.
3. Laguna Lake public park open area: outside of AOZAO zone but within the approach surface.
4. Brughelli property easement south of Buckley Road.
5. San Luis Ranch specific planSpecific Plan area, west of Highway 101 and south of Dalidio Drive.
6. City open space areas within the airportAO overlay zone.
B. Other Open Land Areas. Where open space or conservation easements have been obtained and the
topography supports it, the cityCity shall not allow uses to be established that conflict with their availability to be used
as a landing option in the event of an emergency. Where easements have yet to be obtained, the cityCity shall explore
opportunities to incorporate the requirement for open land as part of the discretionary approval process. Open land
areas shall be consistent with ALUP direction for size, orientation, and topography.
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(Ord. 1610 § 5 (part), 2014)
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ARTICLE 3: REGULATIONS AND STANDARDS APPLICABLE TO ALL
ZONES
CHAPTER 17.XX70. SITE DEVELOPMENT AND GENERAL DEVELOPMENT STANDARDS
Applicability of Other Provisions in the Zoning Regulations
17.16.005 Applicability of other provisions.
A. Development of property within the city may be subject to provisions of this code not contained in this section or
chapter, including, but not limited to, the following:
70.010 –
1. Fire prevention code, Chapter 15.08;
2. Building regulations, Chapter 15.04;
3. Demolition and moving of buildings, Chapter 15.36;
4. Subdivision regulations, Title 16;
5. Building setback line (plan line), Chapter 17.74;
6. Street right-of-way dedication and improvement, Chapter 17.76;
7. Grading regulations, Section 15.04.040;
8. Architectural review commission, Chapter 2.48;
9. General plan amendment regulations, Chapter 17.80;
10. Sign regulations, Chapter 15.40;
11. Condominium development and conversion regulations, Chapter 17.82;
12. Flood damage prevention regulations, Chapter 17.84;
13. Downtown housing conversion permits, Chapter 17.86;
14. Growth management regulations, Chapter 17.88;
15. Resource deficiency, Chapter 2.44;
16. Environmental review guidelines, adopted by council Resolution 3919-1979;
17. Affordable housing incentives, Chapter 17.90;
18. On-shore support facilities, Chapter 17.92;
19. Development agreements, Chapter 17.94.
(Ord. 1265 § 2 Ex. A, 1994)
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17.17.020 Applicability of other provisions.
A. Use of property within the city may also be subject to provisions of this code not contained in this chapter,
including, but not limited to, the following:
1. Solid waste disposal, Chapter 8.04.
2. Hazardous weeds and debris, Chapter 8.08.
3. Nighttime parking of large vehicles, Section 10.36.150.
4. Parking in yard, Section 10.36.233.
5. Uniform codes (building regulations), Chapter 15.04.
6. Fire prevention code, Chapter 15.08.
7. Satellite dish antenna, Section 17.16.110.
70.010 –
B. Where provisions of this chapter conflict with provisions of other applicable laws, including this code, the more
restrictive provision shall prevail. (Ord. 1277 § 2 Ex. A, 1995)
Accessory Structures in Residential Zones
17.21.030 Accessory structures.
A. Purpose and . Intent.
1. 1. The purpose of this section is to establish regulations for the development of accessory structures such
as a garage, storage shed, or shop building as an approved accessory use.
2. Regulations on accessory structures are established to provide a distinction between nonhabitable accessory
structures (e.g., garage, storage shed, shop building) and accessory living spaces (e.g., secondary dwelling
units, guest quarters, office, pool house, etc.). These regulations establish standards which prevent the
conversion of accessory structures into unpermitted living space to ensure that such structures are not used
as separate dwelling units.
2. 3. Unpermitted conversion of accessory structures is detrimental to the public health, safety, and
welfare of the community.
B. Applicability.
1. This section applies to accessory structures as defined in Section 17.100.010, “Accessory structures,”
and provided below:
1. a. AccessoryApplication. This Chapter shall apply to:
a. New Structures. “AccessoryAll new structures” are, as defined in the Building Code, located uponon the
same site as the primary structure or use to which it is accessory, including, but not limited to, garages,
carports, porte-cocheres, sheds, workshops, gazebos, greenhouses, cabanas, trellises, play structures,
aviaries, covered patios, etc.
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b. Decks and Patios. Decks and patios that are 30 inches above the ground elevation, excluding
aboveground pools.
2. Exclusion. This Chapter shall not apply to legally established dwellings, accessory dwelling units as defined
in Section 17.XX.XXX (A Definitions), and guest quarters as defined in Section 17.XX.XXX (G Definitions).
Accessory structures that include habitable space, as defined by the California Building Code, shall be
regulated by Section 17.XX.XXX: Accessory Dwelling Units and Guest Quarters.
C. . Development Standards.
1. The General Development Standards. Accessory structures may consist of detached structures or additions
to primary structuresshall conform to all applicable Zoning Regulations such as height, yards, parking, building
coverage, etc.
2. Incidental Use. The use of an accessory structure is incidental, and subordinate to the use of the principle
structure, or to the principle land use of the site. “Accessory structures” that include habitable space, as
defined by the California Building Code, shall be no larger than four hundred fifty square feet. Accessory
structures shall comply with the requirements of this section.
2. This section does not apply to legally established dwellings, or secondary dwelling units and guest
quarters which are separately defined in Sections 17.21.010 and 17.21.020 respectively.
3. This section does not apply to legally established accessory structures permitted prior to the effective
date of the ordinance codified in this chapter (August 14, 2014).
3. Form. Accessory structures may consist of detached structures or additions to primary structures.
C. General Requirements.
1. Accessory structures shall conform to all applicable zoning regulations such as height, yards, parking,
building coverage, etc., and shall be subject to the following provisions:
4. a. No Bathing Facilities. No bathing facilities (e.g., shower, bathtub) may be installed. Plans submitted for a
building permit may not include spaces within a bathroom designed for the later addition of bathing facilities.
5. D. ProcedureLimit on Total Number in Residential Zones. In residential zones, no more than three
accessory structures shall be permitted per lot, only one of which may include a habitable accessory structure
such as an accessory dwelling unit or guest quarters.
17.70.020 – Process Requirements.
A. 1. Building Permit. Development of an accessory structuresstructure shall require approval of a building permit
from the city’s building divisionCity’s Building Division.
B. a. Design Review. Plans submitted for a building permit willshall be reviewed for consistency with the city’s
community design guidelinesCity’s Community Design Guidelines and architectural review ordinancegeneral
development requirements of the Zoning Regulations.
2. Additional Requirements.
a. C. Owners Agreement with the City. Prior to the issuance of construction permits, a covenant agreement shall
be recorded whichthat discloses the structure’s approved floor plan and status as an “accessory structure” which
cannot contain living space, including bathing facilities or a kitchen. This agreement shall be recorded in the office
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of the county recorderCounty Recorder to provide constructive notice to all future owners of the property. The
covenant agreement also may contain authorization for annual inspections, and to allow the cityCity upon
reasonable time and notice to inspect the premises for compliance with the agreement and to verify continued
compliance with requirements of this sectionChapter and healthHealth and safety codesSafety Codes.
E. Appeal. Appeal procedures for this section shall be as provided by Chapter 17.66 (Appeals). (Ord. 1606 § 6
(part), 2014)
17.70.030 – Creek Setbacks
17.16.025 Creek setbacks.
A. Purpose. Creek setbacks are intended to:
1. 1. Protect scenic resources, water quality, and natural creekside habitat, including opportunities for wildlife
habitation, rest, and movement.;
2. 2. Further the restoration of damaged or degraded habitat, especially where a continuous riparian habitat
corridor can be established.;
3. 3. Allow for natural changes that may occur within the creek corridor.;
4. 4. Help avoid damage to development from erosion and flooding.; and
5. 5. Enable implementation of adopted cityCity plans.
B. B. Waterways Subject to Setbacks. Creek setback requirements shall apply to all creeks as defined in the open
space elementGeneral Plan Open Space Element and shown on that element’s creek map, and only to those
creeks.
C. C. Measurement of Creek Setbacks. Creek setbacks shall be measured from the existing top of bank (or the
future top of bank resulting from a creek alteration reflected in a plan approved by the cityCity), or from the edge
of the predominant pattern of riparian vegetation, whichever is farther from the creek flow line (Figure 5). The
community development directorTop of bank determination shall be consistent with California Department of Fish
and Wildlife where State or Federal jurisdictional areas apply. The Director or Natural Resources Manager may
determine the predominant pattern of riparian vegetation, where the edge of the vegetation varies greatly in a short
length along the creek, in a way unrelated to topography (for example,e.g., the directorDirector will not base the
setback line on individual trees or branches extending out from the channel or on small gaps in vegetation
extending toward the channel). Where riparian vegetation extends over a public street, no creek setback is required
on property which is on the side of the street away from the creek.
D. Plan Information. The location of top of bank and of riparian vegetation shall be shown on all project plans subject
to cityCity approval. The location of these features is subject to confirmation by the community development
directorDirector, based on observation of actual conditions and, as needed, the conclusions of persons with
expertise in hydrology, biology, or geology.
E. Creek Setback Dimensions. Different setback dimensions are established in recognition of different parcellot
sizes and locations of existing structures for areas within the cityCity in comparison with areas whichthat may be
annexed, and in response to different sizes of the creek channels and tributary drainage areas.
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1. 1. Creeks within the 1996 City Limits. Along all creeks within the cityCity limits as of July 1, 1996, the
setback shall be twenty20 feet, except as provided in subsections (E)(3), (E)(4) or (G)C and D of this
section.Section and 17.xx.xxx (Exceptions to Creek Setbacks). Where the cityCity limit follows a creek, the
setback on the side within the 1996 cityCity limits shall be twenty20 feet, and the setback on the annexed side
shall be as provided in subsection (E)(2)B of this sectionSection.
2. 2. Creeks in Areas Annexed After 1996. Along any creek in an area annexed to the cityCity after July 1,
1996, the following setbacks shall be provided, unless a specific plan or development plan approved by the
city councilCouncil provides a larger or smaller setback, consistent with the purpose of these
regulationsZoning Regulations and with general planGeneral Plan policies.:
a. Fifty
a. 50-Foot Setbacks. The setback along the following shall be fifty50 feet: San Luis Obispo Creek (all of
main branch); San Luis Obispo Creek East Fork, from San Luis Obispo Creek (main branch) to the
confluence with Acacia Creek; and Stenner Creek.
b. Thirty-Five
b. 35-Foot Setbacks. The setback along the following shall be thirty-five35 feet: Prefumo Creek; Froom
Creek; Brizziolari Creek; San Luis Obispo Creek East Fork tributary, from the confluence with Acacia
Creek to Broad Street (Highway 227); Acacia Creek and its tributaries west of Broad Street (Highway
227); and the segment of the tributary of Acacia Creek which flows generally parallel to and on the easterly
side of Broad Street (Highway 227), from Broad Street to Fuller Road.
c. Twenty
c. 20-Foot Setbacks. The setback along all creeks except those listed in subsections (E)(2)(a1) and (E)(2)(b)
of this section2) immediately above shall be twenty20 feet. (Informational map is available in the
community development departmentCommunity Development Department.)
3. 3. Additional Upper Story Setbacks. Where the zone allows more than two stories, an additional 10-foot
stepback (upper story building setback) shall be provided beginning at the third story level. The upper story
stepback shall be provided along all building elevations with creek-facing frontage.
4. Larger Setbacks. To mitigate potentially significant environmental impacts in compliance with the
California Environmental Quality Act, or to implement adopted cityCity plans, when approving a
discretionary application the cityCity may require setbacks larger than required by subsections (E)(1)A
and (E)(2)B of this sectionSection, or further limitations on the items which may be placed within setbacks.
(Also, other cityCity regulations may restrict or prevent development in a floodway or floodplain.).
5. 4. Prior Approvals. Where the cityCity has explicitly approved a creek setback smaller than required by
this section,Chapter prior to adoption of this section, by action on a tract or parcel map (whether or not a
vesting map), architectural review application, use permit, planned development zoning, or special
considerations zoningthese regulations, that smaller setback shall remain in effect so long as the approval
is in effect.
F. Items Improvements Prohibited within Setbacks. The following shall not be placed or constructed within a creek
setback, except as provided in subsection G of this section: structures; paving; parking lots; in nonresidential
zones, areas used for storing or working on vehicles, equipment, or materials.Section:
1. Structures larger than 120 square feet, as defined in Subsection 17.xx.xxx.G. (Exceptions to Creek Setbacks)
below.
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2. Paving
3. Parking lots
4. Fire pits, barbeques, and other open flames
5. Mechanical equipment
6. In nonresidential zones, areas used for storing or working on vehicles, equipment, or materials
G. Exceptions to Creek Setbacks
1. Entitled Replacement Structures. Where a structure lawfully existed on or before October 3, 1996, within a
creek setback required by this chapterChapter, the followingprovisions of this Section shall apply. This part is
not intended to allow replacement of paving that existed on or before October 3, 1996, with new paving or a
building, unless a discretionary approval is obtained pursuant toin compliance with subsection (G)(4) of this
sectionSection.
a. a. Any structure built in replacement of such a structure may occupy the same footprint, within the creek
setback, as the previous structure, without obtaining a discretionary exception. (See also Section
17.16.020(E)(1)(d).)) (Reduced Front or Street Side Setback for New Structure Providing Additional
Creek Setback).
b.
b. Additional floor area shall not be added to the encroaching part of the structure (for example,e.g., by
adding stories).
c.
c. The part of a structure whichthat is nonconforming due solely to the creek setback encroachment may
be remodeled without regard to the limits of Section 17.14.020(B) and (C) of this titlethese Zoning
Regulations.
2. Entitled Accessory Structures and Uses. The following items may be located within the required creek
setback, without obtaining a discretionary exception; unless otherwise noted, provided, that they: do not
extend beyond the top of bank into the creek channel; will not cause the removal of native riparian vegetation;
will not reduce any flooding capacity pursuant to in compliance with the city’sCity’s flood damage prevention
regulations; in total occupy not more than one-half of the total required creek setback area; and are consistent
with other property development standards of the zoning regulationsZoning Regulations.
a. a. Walls or fences, provided that in combination with buildings they enclose not more than one-half of the
setback area on any development site.
b.
b. For a single-familyunit dwelling: uncovered parking spaces, patios,.
c. Patios and pervious walkways. (Pedestrian paths(Impervious pedestrian walkways and bicycle paths
require a discretionary exceptionDirector’s Action as provided in subsection (G)(4)D of this
sectionSection.)
c.
d. Decks, stairs, and landings whichthat are no more than thirty30 inches in height, as measured from
adjacent existing grade.
d.
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e. One-story, detached buildings used as tool and storage sheds, play houses, and similar uses, provided
the projected roof area does not exceed one hundred twenty120 square feet. No more than one such
building is allowed per parcel.
e.
f. Garden structures such as trellises, arbors, and gazebos, provided they are constructed using an open
lattice design and light-weight materials.
g. 3. Entitled Picnic tables and benches.
h. Natural flood control and stormwater improvements, including vegetated buffers, bioswales, and rain
gardens.
3. Architectural Features. The following architectural features may extend into the setback up to thirty inches:
cornices, canopies, eaves, buttresses, chimneys, solar collectors, shading louvers, water heaterheaters and
related enclosures, and bay or other projecting windows that do not include usable floor space.
4. 4. Discretionary Director’s Hearing for Exceptions.
a. Intent.a. The Director, through a Director’s Hearing, may act to approve an exception to the creek
setback requirements of this Chapter only where the applicant can provide clear and substantiated
evidence that there is no practical way to comply with the provisions and that no other feasible alternatives
will result in better implementation of other zoning regulations or General Plan policies while allowing
reasonable use of sites subject to creek setbacks.
Intent. Discretionary exceptions to creek setback standards are intended to allow reasonable use of sites
which are subject to creek setbacks, where there is no practicable alternative to the exception. Generally,
such exceptions are limited to small parcels which are essentially surrounded by sites that have been
developed with setbacks smaller than those in subsection E of this section. In the case of pedestrian
paths, bicycle paths, and bridges, the site may be large, but there are no options for avoiding a crossing
of the creek or encroaching into the creek setback.
b. b. Application Type. A creek setback smaller than required by subsection E of this sectionChapter may
be approved by cityCity action on a plan for public facilities approved by the city councilCouncil or on a
specific plan, development plan under planned development zoning, or land division, use permit, or
architectural review. Where one of these types of applications is not otherwise required for the proposed
feature, an exception request shall be in the form of an administrative use permita Director’s Hearing.
c. Public Notice. Public notice for a project involving a creek setback exception, regardless of
application type, shall include a clear description of the feature or features proposed to receive
the exception, and the extent of the exception.
d.
c. Findings. Each Director’s Hearing or other discretionary application to grant an exception to a required
creek setback shall be subject to each of the following findings, regardless of the type ofin addition to any
other required findings associated with the project application under which the request is considered.:
i.
(1) The location and design of the feature receiving the exception will minimize impacts to scenic
resources, water quality, and riparian habitat, including opportunities for wildlife habitation, rest, and
movement; and
ii.
(2) The exception will not limit the city’sCity’s design options for providing flood control measures that
are needed to achieve adopted cityCity flood policies; and
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iii.
(3) The exception will not prevent the implementation of cityCity-adopted plans, nor increase the adverse
environmental effects of implementing such plans; and
iv.
(4) There are circumstances applying to the site, such as size, shape, or topography, which do not apply
generally to land in the vicinity with the same zoning, that would deprive the property of privileges
enjoyed by other property in the vicinity with the same zoning; and
v.
(5) The exception will not constitute a grant of special privilege—an entitlement inconsistent with the
limitations upon other properties in the vicinity with the same zoning; and
vi.
The exception will not be detrimental to the public welfare or injurious to other property in the area
of the project or downstream; and
vii.
(6) Site development cannot be feasibly accomplished with a redesign of the project; and
viii.
(7) Redesign of the project would deny the property owner reasonable use of the property.
(““Reasonable use of the property” in the case of new development may include less development
than indicated by zoning. In the case of additional development on an already developed site,
“reasonable development” may mean no additional development considering site constraints and the
existing development’s scale, design, or density.).
5. e. Biological Survey. A biological survey by a qualified, independent person shall be required for each
discretionarycreek setback exception request, to provide the basis for making the finding in subsection
(G)(4)(d)(i) of this sectionrequired findings above, unless waived by the community development
directorDirector upon determining that no purpose would be served by such a survey because no biological
resources could be affected by the exception.
f. Application Contents. In addition to any other information required for a project application, a request for
creek setback exception shall include the following:
i. A description of the feature or features proposed for exception and the extent of the
exception.
ii. A description of potential design changes for the project which would eliminate or
reduce the need for the exception.
iii. A statement why an exception is deemed necessary by the applicant.
iv. Mitigation proposed to offset any harmful effects of the exception.
Figure 5
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(Ord. 1402 § 3, 2001: Ord. 1365 § 3 (part), 2000; Ord. 1302 § 2, 1996)-1: Creek Setbacks
17.70.040 – Density
17.16.010 Density.
A. Determination of Allowed Development.
1. “Density” is the number of dwellings per net acre, measured in density units.1. Density Calculation –
General. In the AG, C/OS, and R-1 zones, each single-familyunit dwelling counts as one density unit. In the
other zones, different size dwellings have density unit values as follows:
a.
a. Studio apartment,and one-bedroom dwellings less than 600 square feet = 0.50 unit;
b.
b. One -bedroom dwellings between 601 and 1,000 square feet = 0.66 unit;
Two-bedroom dwelling, 0.66 unit;
c. c. Two bedroom dwelling, = 1.00 unit;
d.
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d. Three -bedroom dwelling, = 1.50 units;
e. Dwelling with four or more bedrooms, = 2.00 units.
2. The following procedure shall be used to determine Maximum Development Density – Sloped Sites.
General. In all zones, unless otherwise specified, the maximum development density allowed on a given lot
or land area:
a. Determine the Average Cross-Slope of the Site. “Average cross-slope” is the ratio, expressed as a percentage of
the difference in elevation to the horizontal distance between two points on the perimeter of the area for which
slope is being determined. The line along which the slope is measured shall run essentially perpendicular to the
contours.
i. Where a site does not slope uniformly, average cross-slope is to be determined by
proportional weighting of the cross-slopes of uniformly sloping subareas, as determined
by the community development director.
ii. Cross-slope determinations shall be based on the existing topography of the net site
area after subtracting the area for any future on-site grading necessary to
accommodate proposed right-of-way improvements and other on-site improvements.
iii. Cross-slope shall be calculated only for the net area as defined in subsection (A)(2)(b)
of this section.
iv. When the calculation of cross slope results in a fractional number, it shall be rounded
to the next highest whole number if the fraction is one-half or more; otherwise it shall be
rounded down to the next lowest whole number.
v. No slope rated density reduction is required in the C/OS, C-R, C-C or PF zones.
a. vi. The maximum development allowed for each average cross-slope category isof the site (see Section
17.XX.020: Average Cross-Slope Calculation) as follows:
Table 3-1: Maximum Residential Density for Cross-Slope Categories
Average
Cross-Slope in
%
Maximum Density Allowed (units per net acre)
R-1
R-2, O,
C-N,
C-T
R-3 R-4 C/OS, AG, PF, C-R, C-D, C-C
C-S, M
0 – 15 As allowed in the Zoning Regulations for that zone.
16 – 20 4 6 9 12 As allowed in the Zoning
Regulations for that zone.
21 – 25 2 4 6 8 As allowed in the Zoning
Regulations for that zone.
26+ 1 2 3 4 As allowed in the Zoning
Regulations for that zone.
b. Exceptions.
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Table 1: Maximum Residential Density for Cross-Slope Categories
Average Cross-
Slope in % Maximum Density Allowed (density units per net acre)
R-1
R-2*, O,
C-N,
C-T
R-3 R-4 C-R, C-D,
C-C C-S, M
0 – 15 7 12 18 24 36 24
16 – 20 4 6 9 12 36 24
21 – 25 2 4 6 8 36 24
26+ 1 2 3 4 36 24
*R-2 zone, see subsection (A)(2)(d)(i) of this section.
By approving an administrative use permit, the director may grant exceptions The
Director, through a Director’s Action, may act to approve an exception to the reduction of density with
slope where the parcel in question is essentially enclosed on all sides by development at least as dense
and within the same cross-slope category as the proposed development. The exception shall not
authorize density greater than that allowed for the category of less than fifteen15 percent slope for the
appropriate zone. (See also Section 17.12.020(D), Nonconforming Lots – Regulations.)
b. Determine the Net Area of the Site. “Net area” is all the area within the property lines of the3.
Maximum Residential Development Potential. Maximum residential development site,
excluding the following:
i. Street right-of-way dedicated and proposed topotential shall be dedicated to the city;
ii. Area between the tops of banks of creeks shown on the open space element creeks
map;
iii. Habitat occupied by species listed as endangered or threatened by the U.S. Fish and
Wildlife Service or the California Department of Fish and Game, or as plants of highest
priority by the California Native Plant Society, unless the community development
director determines there is no practical alternative as defined by the general plan;
iv. Area within the drip line of heritage trees designated by the city.net lot
c. Multiply the resulting area (in whole and fractional acres)), multiplied by the maximum density
allowed (in density units per acre) according to TableSubsections 1 of this section.
dthrough 2, above. The resulting number (in density units, carried out to the nearest one hundredth unit) will be
the maximum residential development potential. Any combination of dwelling types and numbers may be
developed, so long as their combined density unit values do not exceed the maximum potential.
i. For a single-family residence (single unit on one lot) located in the medium-density
residential zone (R-2), density unit values may be rounded up to the nearest one-half
density unit (example: 1.37 = 1.5). Condominiums and common interest subdivisions
shall conform to standard R-2 density requirements where maximum density is
calculated by rounding to the nearest one-hundredth unit.
B. Density Transfer.
1.1. PD Overlay Zone. Development potential may be transferred within the area covered by a planned
development (PD) overlay zone, in conformance with the requirements of Chapter 17.5052: Planned
Development (PD) Overlay Zone.
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2. C/OS Zone. Where a portion of a lot is within a zone or zones that allow residential use and the rest of the lot
is in a C/OS zone, and the portion within the C/OS zone is not large enough to allow one dwelling, the fractional
dwelling unit potential from the C/OS zone may be transferred to the other portion of the lot, without planned
development rezoning.
C. Density Averaging. Where portions of a lot are within two or more different zones that allow different maximum
densities, and any portion is not of the size required for a lot in that zone, density may be averaged over the whole
lot, with each portion contributing to the overall maximum development potential in proportion to its area and
maximum allowed density.
D. Density Bonus for Low-Income and Moderate-Income Housing. Pursuant to California Government Code
Section 65915, the cityCity may negotiate a density bonus or other benefits in exchange for provision of housing
affordable to households with very low, low, or moderate income, as defined in the Government Code, and as
stipulated in Chapter 17.90XX: Affordable Housing Incentives of these regulations.
17.70.050 – Edge Conditions
A. Purpose. The edge conditions regulations support a buffer between low-density residential zones or open space
areas and zones that permits development of higher intensity. Where multi-unit residential zones or commercial
zones are adjacent to lower intensity residential or open space zones, development shall incorporate elements in
the site design and building design to soften its impact and to result in a compatible transition to the sensitive zone.
B. Applicability. The standards below apply to any portion of property located within any zone designated in Table
3-2: Edge Condition Zones as “Zones Providing Transition” that are adjacent to a parcel designated in Table X:
Edge Conditions Zones as “Zones Receiving Transition”. For the purposes of this Chapter, the term the term
“adjacent” shall not include any properties separated by a street, alley, or other right-of-way, whether public or
private.
Table 3-2: Edge Condition Zones
Zones Receiving Transition AG, C/OS, R-1, R-2
Zones Providing Transition R-3, R-4, O, PF, C-N, C-C, C-D, C-R, C-T, C-S, M
C. Exceptions.
1. Where a transition area abuts a zone receiving transition and all properties that would receive transition are
developed with legally allowed nonresidential uses, the requirements of this Chapter shall not apply.
2. The requirements of this Chapter shall not apply to development of a wireless communications facility.
D. Standards.
E. Exceptions for Dwellings Rebuilt after Involuntarily Destroyed. Residences in R-1, R-2, R-3, R 4, O, C-N, C-C, C-
R, C-T, C-D, and C/OS zones, which have been involuntarily damaged or destroyed by fire, other catastrophic
event, or the public enemy by more than fifty percent of their pre-damaged value, may be rebuilt at the same
density and up to the same size, under the following circumstances:
1. All construction must conform to current building codes, zoning regulations, and architectural guidelines,
except that the previously existing number of dwelling units and size of buildings will be allowed.
2. A building permit for the replacement structure(s) must be obtained within three years of the date of the
damage or destruction.
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3. Notwithstanding the above provisions, application for replacement structures of the same density and size
may be denied if the community development director makes one of the following findings:
a. The reconstruction, restoration, or rebuilding will be detrimental or injurious to the health, safety, or general
welfare of persons living or working in the neighborhood.1. FAR Reduction. The maximum floor area
ratio for a property in a zone providing transition shall be 10 percent less than indicated in the Zoning
Regulations for that zone (Chapters 17.XX through 17.XX, inclusive).
2. Setbacks. The setback standards for a property in a zone providing transition shall be as set forth in Table 3-
3: Edge Conditions Minimum Setbacks. See also Figure 3-2: Edge Conditions Interior Side and Rear Setbacks
and Building Height.
Table 3-3: Edge Conditions Minimum Setbacks
Maximum Building Height Minimum Required Setback
A point this high on the roof of a building in a zone
providing transition:
Must be at least this far from the property line of a
zone receiving transition:
1 – 22 feet 10 feet (minimum setback)
23 – 24 feet 12 feet
25 – 26 feet 14 feet
27 – 28 feet 16 feet
29 – 31 feet 19 feet
32 – 33 feet 21 feet
34+ feet 23 feet
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Figure 3-2: Edge Conditions Interior Side and Rear Setbacks and Building Height
3. Upper Level Open Space Orientation and Setbacks. In addition to any setback required by Table 3-3: Edge
Conditions Minimum Setbacks, wherever balconies or terraces are provided above the first floor on the
building side facing an adjacent zone receiving transition, the minimum required setback for that building side
and story shall be increased by three feet.
4. Rooftop Open Spaces. The minimum required setback for any rooftop open space shall be increased by 10
feet on the building side facing an adjacent zone receiving transition. Also, all such permitted rooftop open
spaces and terraces shall incorporate features that guard against noise impacts on adjacent R-1 properties
consistent with standards set forth in Chapter 9.12 (Noise) of the Municipal Code.
5. Windows. All windows along any facade facing an R-1 property shall, at the second story and above, be
offset horizontally at least 12 inches (edge to edge) from any windows on buildings on an adjacent R-1
property, with the intent of preserving privacy and avoiding having windows immediately opposite each other.
6. Driveway Orientation. All driveways and drive aisles shall be oriented such that glare from automobile
headlights originating from the use does not point towards an adjacent zone receiving transition. Any
driveways and drive aisles facing an adjacent zone receiving transition must be fully screened from the
adjacent use.
7. Trash and Recycling.
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a. Collection Areas. Areas for the collection and storage of trash, green waste, and recyclable materials
shall be located on the subject site in a location that will avoid noise and odor impacts consistent with
applicable City and other codes.
b. Containers. All refuse and recycling containers shall be contained within structures enclosed on all four
sides and utilize lids made of molded plastic or other sound buffering material.
8. Hours of Operation. A use that will operate outside of the hours from 7:00 AM to 8:00 PM shall require a Minor
Use Permit to ensure that the use will not negatively impact the uses located in the zone receiving transition.
Commercial hours of operation may be restricted upon evidence of a substantiated compliant or inadequate
parking.
17.70.060 – FAR Measurement and Exceptions
A. Measurement – Generally. Floor area ratio maximums are applied to buildings in the R-1 zone and all
nonresidential zones. The floor area of a building consists of the sum of the gross horizontal areas of all floors of
a building or other enclosed structure, measured from the outside perimeter of the exterior walls and/or the
centerline of interior walls. In a mixed-use building, floor area ratio maximums apply to both the residential and the
nonresidential components of the development.
B. Single-Unit Residential Floor Area. The floor area for single-unit dwellings shall be measured as the total
horizontal floor area of all the floors of a building from the outside walls. The total horizontal floor area shall include
the residential floor area of any building(s) located on the lot including the main dwelling, detached accessory
structures, all garage area except as exempted below, enclosed patios. The following shall be excluded from floor
area for the purposes of calculating floor area ratio:
1. Floor area shall exclude required parking spaces in a garage (with each required parking space not exceeding
200 square feet) but shall include any additional enclosed parking spaces provided in addition to the minimum
requirements.
2. Floor area shall exclude fully subterranean basements.
3. Floor area shall exclude non-enclosed covered structures such as decks, patios, porches, and balconies
enclosed on three or fewer sides.
4. Floor area shall exclude legally allowed accessory dwelling units.
C. Non-Residential Floor Area. The floor area shall include the total horizontal floor area of all the floors of a building
measured from the outside walls, exclusive of vents, shafts, courts, elevators, stairways, mechanical, electrical,
and communications equipment, and similar facilities. Floor area shall include mezzanine and lofts. The following
shall be excluded from floor area for the purposes of calculating floor area ratio.
1. Floor area shall exclude required parking areas in a garage (with each required parking space not exceeding
200 square feet) but shall include any additional enclosed parking spaces provided in addition to the minimum
requirements.
2. Floor area shall exclude fully subterranean garages and basements.
3. Floor area shall exclude non-enclosed covered structures such as decks, patios, porches, and balconies
enclosed on three or fewer sides.
17.70.070 –
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b. The reconstruction, restoration, or rebuilding will be detrimental or injurious to property and
improvements in the neighborhood.
c. The existing nonconforming use of the building or structure would be more appropriately moved
to a zone in which the use is permitted.
d. There no longer exists a zone in which the existing nonconforming use is permitted. (Ord. 1571
§ 4, 2012; Ord. 1553 § 8, 2010; Ord. 1528 § 3 Ex. A (part), 2009; Ord. 1500 § 3 (part), 2007;
Ord. 1437 § 1 (part), 2003; Ord. 1365 § 3 (part), 2000; Ord. 1346 §§ 2 (part), 3 (part), 1999; Ord.
1265 § 2 Ex. A, 1994; Ord. 1310 § 2, 1996)
Fences, Walls, and Hedges
17.16.050 Fences, walls and hedges.
A. Purpose and Application.
A. 1. The purpose of these regulations is to achieve a balance between concerns for privacy and public concerns for
enhancement of the community appearance, visual image of the streetscape, overall character of neighborhoods,
and to ensure the provision of adequate light, air, and public safety.
B. 2Application. These regulations apply to any type of visible or tangible obstruction whichthat has the effect of
forming a physical or visual barrier between properties or between property lines and the public right-of-way,
including but not limited to: any type of artificially constructed barriers of wood, metal, or concrete posts connected
by boards, rails, panels, wire or mesh, and any type of natural growth such as hedges and screen plantings.
B.C. Standards for Fences Located within Required Setbacks. Fences, walls or hedges may be placed within
required yardssetbacks, provided:
Figure 9
1. The they do not exceed maximum height in any street yard shall be as shown in Figure 9;limitations and comply with
the following standards:
2. The maximum height in any other yard shall be six feet;
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31. Fence Height within Front Setback. The maximum height of a fence, wall, or hedge shall not exceed six
feet; except within in any front setback, the maximum fence, wall, or hedge height shall be as shown in Figure
3-3: Fence, Wall, and Hedge Height in Front Setbacks. See also Chapter 17.XX: Vision Clearance Triangle
at Intersections.
Figure 3-3: Fence, Wall, and Hedge Maximum Height in Front Setbacks
2. Corner Lots Fence Height within Street Side Setbacks. On corner lots, the maximum height of a fence,
wall, or hedge shall not exceed six feet; except within in any street side setback, the maximum fence, wall, or
hedge height shall be as shown in Figure 3-4: Fence, Wall, and Hedge Height in Street Side Setbacks (Corner
Lots). See also Chapter 17.XX: Vision Clearance Triangle at Intersections.
Figure 3-4: Fence, Wall, and Hedge Maximum Height in Street Side Setbacks (Corner Lots)
3. Interior Side and Rear Setback Height. The maximum height of a fence, wall, or hedge in any interior side
or rear setback shall be six feet.
4. Arbors, Trellises, and Ornamental Features.
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a. General. Arbors, trellises, and other similar ornamental features are allowed within a required
yard,setback subject to the same height limits that apply to fences, walls, and hedges, except as provided
in Section 17.XX.XXX.C.2 (Street Side and Front Setback) below;.
b. 4. Arbors.Street Side and Front Setback. Up to one sucharbor, trellis, or other similar ornamental feature
per street frontage may beis allowed with a maximum height of nine feet, and an area of not more than
forty square feet as measured by the perimeter formed by the vertical projection to the ground of the
outermost elements of the feature, and no horizontal dimension shall exceed eight feet in length. Any
portion of such a feature wider than eighteen18 inches and that exceeds the usual fence height
requirements of this sectionChapter shall be of an open design such that a person standing on the
adjacent public right-of-way can see completely through at least fifty50 percent of the structure to the
depth of the required street yard. ( (see Figure 9.3-5.): Arbors in Front and Street Side Setbacks.) Such
features within required yardssetbacks shall not be connected to aanother structure or building and . For
the purposes of this Section, the term “connected” shall include structures that are rigidly joined by
structural components. Such features within required setbacks shall not be constructed of heavy
materials such as masonry or metal. Such features within required setbacks comply with intersection
visibility requirements of Section 17.16.020(E)(2).) (Intersection Visibility).
Figure 9.3-5: Arbors in Front and Street Side Setbacks
5. Pilasters. Decorative pilasters, statuary, flower pots, and similar ornamental elements attached to or
incorporated into the design of conforming fences or walls may exceed the required height limit up to
eighteen18 inches, provided that the decorative element is not wider than eighteen18 inches and that such
elements are used to define a gateway or other entryway or are otherwise at least four feet apart.
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C.D. Standards for Fences or Located Outside of Required Setback Areas. Fences, walls, and arbors may be
placed outside required yardssetbacks, provided:
1. The maximum fence, wall, arbor or hedge height is eight feet.
2. Where the fence, wall, or arbor is connected to and a part of the housea building, it may be any height allowed
in the underlying zone.
D.E. Fence Height with Difference in Grade. Fence height is measured from the adjacent grade along the lower
side of the wall or, fence, or hedge, directly at the base of the wall or fence.
E. F. Measurement of Height Where Fences or Walls Are Located on Retaining Walls.
1. Where fences or walls are located on retaining walls, the height of the retaining wall shall be considered as
part of the overall height of the fence or wall. Walls or fences must have a minimum spacing of five feet
between each other to be considered separate structures for purposes of measuring overall height.
2. Where fences are located on a berm or mound, the height of the fence shall include the berm or mound
directly beneath the fence and above natural grade in the overall height measurement.
3. Where fences are located on retaining walls within other yardsinterior side or rear setbacks, fences shall not
to exceed six feet as measured from the uphill side may beif erected or replaced on top of the retaining walls,
and the combined fence and retaining wall height shall not exceed nine feet from the lower side, provided no
modification of grade has occurred from the original subdivision improvements and/or design approvals. A
building permitBuilding Permit is required for the combined fence and retaining wall height tothat exceed six
feet and if. If there is evidence that a modification to the grade has occurred from the original
subdivision/design approvals, the height must be authorized through a fence height exception. pursuant to
Chapter XX (Director’s Action). For retaining walls in hillside areas, see also Section 17.XX.XXX.C (Retaining
Walls).
F. The director may grant exceptions to these standards subject to a finding that no public purpose would be served
by strict compliance with these standards.
G. A public notice shall be posted at the site of each proposed fence height exception. If anyone informs the
community development department of a reasonable objection concerning the proposed fence height exception
within five days of the posting, the director shall schedule a hearing for the application as provided for
administrative use permits. If no questions or objections are received by the community development department
within five days after posting, the director may issue a letter of approval upon submission of all required information
and without further notice or public hearing. (Ord. 1571 §§ 9—12, 2012; Ord. 1553 § 12, 2010: Ord. 1500 § 3
(part), 2007: Ord. 1265 § 2 Ex. A, 1994)
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17.16.040 G. Intersection and Driveway Visibility. Notwithstanding other provisions of this Chapter,
fences, walls, and hedges shall comply with Section 17.XX.XXX (Intersection Visibility).
H. Director’s Action. The Director, through a Director’s Action, may grant exceptions to standards of this Section as
set forth in Chapter XX (Director’s Action) when there is no practical way to comply with the provisions and no
other feasible alternatives will result in better implementation of other zoning regulations or General Plan policies
while allowing reasonable use of sites. Circumstances where a Director’s Action may be approved include, but are
not limited to, issues related to topography and privacy.
17.70.080 – Height. Measurement and Exceptions
The A. Residential and Nonresidential Building Height on Flat Lots. For flat lots and lots with an average (cross-
parcel) slope of less than 16 percent, the height of a building isor structure shall be measured as the vertical
distance from the average level of the ground underhighest and lowest existing grade of that portion of the site
covered by the building to the topmost point of the roof, including parapets. but excluding features outlined in
Section 17.XX.XXX.C below (Exceptions). The average level of the ground is determined by adding the elevation
of the lowest point of the part of the lot covered by the building to the elevation of the highest point of the part of
the lot covered by the building and dividing by two. Height measurements shall be based on existing topography
of the site, before grading for proposed on-site improvements. (See Figure 6: Measurement of Structure Height:
Flat Ground and Slopes of Less than 15 Percent.)
Figure , and dividing by two. (See Figure 8.)3-6: Measurement of Structure Height: Flat Ground and Slopes of
Less than 15 Percent
B. Building Height on Slopes with 16 Percent Grade or Greater. For lots with an average (cross-parcel) slope of
16 percent or greater, the height of a building or structure shall be measured as the vertical distance from the
adjacent existing grade to the topmost point of the roof, including parapets but excluding features outlined in
Section 17.XX.XXX.C below (Exceptions). The maximum allowable height shall be measured as the vertical
distance from the existing grade of the site to an imaginary plane located at the allowed height above and parallel
to the grade. Height measurements shall be based on existing topography of the site, before grading for proposed
on-site improvements. (See Figure 3-7 Measurement of Structure Height: Slopes of 16 Percent of Greater.)
Figure 8
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Table 5.5: Maximum Height by Zone
Zone Maximum Height
R-1 25 ft. (up to 35 feet with approval of an
administrative use permit)
R-2 35 feet
R-3 35 feet
R-4 35 feet
C/OS 35 feet
AG 35 feet
O 25 feet (up to 35 feet with approval of an
administrative use permit)
PF 35 feet
C-N 35 feet
C-R 45 feet
C-C 35 feet
C-D 50 feet (additional height up to 75 feet may be
approved, Section 17.42.020(C))
C T 45 feet
C S 35 feet
M 35 feet
BP Varies by specific plan area (see Chapter 17.49)
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Figure 3-7: Measurement of Structure Height: Slopes of 16 Percent or Greater
C. Exceptions.
1. Setbacks and Building Heights. See also Section 17.16.020Sections 17.16.XXX, XXX, XXX, XXX, XXX
(Edge Conditions) for relationship of yardssetbacks and building height.
2. Projections. Components of solar energy systems, chimneys, elevator towers, screening for mechanical
equipment that is not integral with building parapets, vents, antennas, and steeples shall extend not more
than ten10 feet above the maximum building height. See Section XX.XX.XXX (Satellite Dish Antennae) for
restrictions on roof-mounted satellite antennae. See Section XX.XX.XXX (Wireless Telecommunications
Facilities) pertaining to site development and performance standards for wireless communications facilities.
Commercial and governmental agency antennas may exceed the height limits for the zone in which
they are located if such an exception is approved by the director.
3. Exceptions.
a. Exceptions for Certain Zones. Height exceptions may be permitted in the C-D and PF zones consistent
with regulations in Section 17.32.030.A (Requirements and Findings for Height Increase in C-D Zone)
and Section 17.46.030 (Additional Regulations), respectively.
b. Affordable Housing Exceptions. For height exceptions provided in exchange for affordable housing,
see Chapter XX: Affordable Housing Incentives.
c. Other Exceptions. Any other exception to the height limits requires approval of a varianceVariance as
provided in Chapter 17.60.
D. Signs. For height limits of signs, see Chapter 15.40, Sign Regulations. (Ord. 1571 § 8, 2012)
Night Sky Preservation
Chapter 17.23
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NIGHT SKY PRESERVATION
Sections:
17.23.010 17.70.090 – Hillside Development Standards
Purpose.
17.23.020 Definitions.
A. 17.23.030 and Application.
1. Purpose. The purpose of this Chapter is to implement goals of the Conservation and Open Space and Land
Use Elements of the General Plan:
To requirements.
a. 17.23.040 Operationalprotect and preserve scenic hillside areas and natural features such as the
volcanic morros, ridge lines, plant communities, rock outcroppings and steep slope areas that function
as landscape backdrops for the community;
b. To avoid encroachment into sensitive habitats or unique resources as defined in the Conservation and
Open Space Element;
c. To protect the health, safety and welfare of community residents by directing development away from
areas with hazards such as landslides, wildland fires, flooding and erosion; and
d. To protect the City’s scenic setting.
2. Application. The provisions of this Chapter shall apply to all lots and sites that have an average cross slope
of 16 percent or more (see Section 17.XX.020: Average Slope Calculation). The Director may require a survey
and slope analysis to determine whether the provisions of this Chapter apply to a specific property or
development. Notwithstanding the requirements of this Chapter, a lot created pursuant to the Subdivision Map
Act and Title 16 (Subdivisions) of the San Luis Obispo Municipal Code prior to the effective date of this division
may be developed with a single unit structure in compliance with other applicable requirements of these
Zoning Regulations.
B. Average Cross-Slope Calculation. Average cross-slope is the ratio, expressed as a percentage of the difference
in elevation to the horizontal distance between two points on the perimeter of the area for which slope is being
determined. The line along which the slope is measured shall run essentially perpendicular to the contours.
1. Where a site does not slope uniformly, average cross-slope is to be determined by proportional weighting of
the cross-slopes of uniformly sloping subareas, as determined by the Director.
2. Cross-slope determinations shall be based on the existing topography of the net site area after subtracting
the area for any future on-site grading necessary to accommodate proposed right-of-way improvements and
other on-site improvements.
3. Cross-slope shall be calculated only for the net area as defined in Chapter 17.XX: Lot Area.
C. Hillside Development Standards
1. General Site Planning Standards. To assist in maintaining a natural appearance for hillsides and ridgelines,
each structure shall be located in the most accessible, least visually prominent, most geologically stable
portion or portions of the site, at the lowest feasible elevation, and shall, at a minimum, meet the following
requirements:
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a. See Section 17.XX.XXX.A.3 (Maximum Development Density – Sloped Sites) for maximum density in
hillside areas.
b. See Section 17.XX.XXX (Building Height on Slopes with 16 Percent Grade or Greater) for maximum
height in hillside areas.
2. Site Access and Driveways. Each driveway shall not have a grade steeper than five percent within 10 feet
of a garage or carport entry. Driveway finished grade shall not exceed an average of 15 percent, or 20 percent
at any point.
3. Retaining Walls. Retaining walls that are 20 feet in length shall be limited to six feet in height (above
ground/visible portion). Retaining walls longer than 20 feet shall be limited to four feet in height (above
ground/visible portion). A minimum five-foot horizontal separation is required between retaining walls. For
exceptions, see Section 17.xx.xxx.H (Director’s Action).
4. Downhill Building Walls. No single building wall on the downhill side of a house shall exceed 15 feet in
height above grade. Additional building height on a downhill side are allowed in 15-foot increments, where
each increment is stepped-back from the lower wall a minimum of 10 feet.
5. Height of Lowest Floor Level, Decks, and Support Structures. See Figure 3-8: Height Limit for Lowest
Floor, Decks, and Support Structures.
a. Lowest Floor Level. The vertical distance between the lowest point where the foundation meets grade
and the lowest floor line of the structure shall not exceed six feet.
b. Decks. No portion of the walking surface of a deck with visible underpinnings shall exceed a height of six
feet above grade.
c. Support Structures. Support structures (e.g., columns, pilings, etc.) below the lowest floor on the
downhill side of a house shall be enclosed unless visible structural members are an integral feature of
the architectural design. Support structure wall surfaces shall not exceed six feet in height.
Figure 3-8: Height Limit for Lowest Floor, Decks, and Support Structures
6. Exterior Wall Surfaces.
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a. Single-story and small-scale elements, setbacks, overhangs, roof pitches, and/or other means of
horizontal and vertical articulation shall be used to create shade and shadow and break up otherwise
massive forms to minimize the apparent size of exterior wall surfaces visible from public rights-of-way.
b. Large flat building planes are prohibited; the spatial arrangement of the building, including roof overhangs,
shall be used to achieve alternating light and dark building surfaces that will blend with similar contrasts
found in the surrounding natural vegetation.
7. Mechanical Equipment. Mechanical equipment may be placed on rooftops or below a deck only if the
equipment is not visible from the public right-of-way or adjacent properties, except for solar collectors that are
compatible with the roof line and architecturally integrated with the structure.
8. Fencing. Hillside area perimeter fencing that is visible from off-site vantages, except on side and rear yards
that are directly adjacent to living areas on adjacent lots, shall be of a semitransparent, rather than solid
design. Semitransparent material includes, but is not limited to, wrought iron, split rail, and four-inch square
welded wire. In side and rear yards between living areas on adjacent lots, solid, opaque fencing is allowed.
However, the preference is for a more naturalistic approach to screening in the side yards, with semi-
transparent fencing combined with landscaping, or landscaping alone.
9. Director’s Action. The Director may grant exceptions to standards of this Chapter as set forth in Chapter XX
(Director’s Action), subject the following additional findings:
9. Intent. The Director, through a Director’s Action, may act to approve an exception to the hillside
requirements of this Chapter only where the applicant can provide clear and substantiated evidence that
there is no practical way to comply with the provisions and that no other feasible alternatives will result in
better implementation of other zoning regulations or General Plan policies while allowing reasonable use
of sites subject to hillside regulations.
10. Application Type. A hillside regulation less than required by this Chapter may be approved by City action
on a plan for public facilities approved by the Council or on a specific plan, development plan under
planned development zoning, land division, use permit, or architectural review. Where one of these types
of applications is not otherwise required for the proposed feature, an exception request shall be in the
form of a Director’s Action.
11. Findings. Each Director’s Action to grant an exception to a required hillside regulation shall be subject
to each of the following findings, regardless of the type of project application under which the request is
considered:
b. The proposed alternative complies with and furthers the intent of this Chapter; and
c. The proposed alternative provides a design solution that is equivalent to or better than the standards
prescribed in this section for quality, effectiveness, durability, and safety; and
d. The location and design of the feature receiving the exception will minimize impacts to scenic
resources and opportunities for wildlife habitation, rest, and movement; and
e. The exception will not prevent the implementation of City-adopted plans, nor increase the adverse
environmental effects of implementing such plans; and
f. There are circumstances applying to the site, such as size, shape, or topography, which do not apply
generally to land in the vicinity with the same zoning, that would deprive the property of privileges
enjoyed by other property in the vicinity with the same zoning; and
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g. The exception will not constitute a grant of special privilege—an entitlement inconsistent with the
limitations upon other properties in the vicinity with the same zoning; and
h. The exception will not be detrimental to the public welfare or injurious to other property in the area
of the project; and
i. Site development cannot be feasibly accomplished with a redesign of the project; and
j. Redesign of the project would deny the property owner reasonable use of the property. “Reasonable
use of the property” in the case of new development may include less development than indicated
by zoning. In the case of additional development on an already developed site, “reasonable
development” may mean no additional development considering site constraints and the existing
development’s scale, design, or density.
D. Process Requirements
1. Development Review - Minor. Development of an accessory structure shall require approval of Development
Review – Minor from the City’s Planning Division.
2. Design Review. Plans submitted for hillside development shall be reviewed for consistency with the City’s
Community Design Guidelines, this Section, and general development standards of the Zoning Regulations.
17.70.100 – Lighting and Sky Preservation.
A. Purpose. standards.
17.23.050 New development standards.
17.23.060 Temporary lighting.
17.23.070 Nonconforming fixtures.
17.23.080 Exemptions.
17.23.010
1. ThesePurpose.
To establish outdoor lighting regulations thatare intended to encourage lighting practices and systems that will:
a. A. Permit reasonable uses of outdoor lighting for nighttime safety, utility, security, and enjoyment while
preserving the ambience of night;
b. B. Curtail and reverse any degradation of the nighttime visual environment and the night sky;
c. C. Minimize glare and obtrusive light by limiting outdoor lighting that is misdirected, excessive, or
unnecessary;
d. D. Help protect the natural environment from the damaging effects of night lighting;
e. E. Meet the minimum requirements of the California Code of Regulations for Outdoor Lighting and Signs
(Title 24, Chapter 6).
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2. Other laws or ordinances may require minimum illumination levels for specific applications and may conflict
with these regulations. In such cases, those laws or ordinances shall govern. (Ord. 1527 § 2 Ex. A (part),
2009)
17.23.020 Definitions.
“Footcandle” is a unit of measure of the intensity of light falling on a surface, equal to one lumen per square foot
or the intensity of light from a standardized candle burning at one foot from a given surface.
“Light pollution” means the night sky glow caused by the scattering of artificial light in the atmosphere.
“Low-intensity” means lighting designed to accent architectural features or signs that does not produce glare,
such as tubular neon or LED rope lighting. (Ord. 1527 § 2 Ex. A (part), 2009)
17.23.030 B. Application requirements.Requirements
1. Whenever a person is required to obtain a building permit, electrical permit for outdoor lighting or signage,
and/or approval of any development project, the applicant shall, as a part of saidthe application, submit
sufficient information to enable the community development departmentCommunity Development Department
to determine whether the proposed lighting will complycomplies with the provisions of this chapterChapter.
The application shall include the following:
a. A. A site plan indicating the proposed location of all outdoor lighting fixtures that are not exempted by
Section 17.23.080.XX.060 (Exemptions).
b. B. A description of each illuminating device, fixture, lamp, support, and shield. This description may
include, but is not limited to, manufacturer’s catalog cuts and drawings (including sections where
required), lamp types, and lumen outputs.
c. C. Photometric plans depicting the location of all light poles and building-mounted lighting fixtures and a
maximum ten10-foot by ten10-foot grid of both the initial and maintained lighting levels on the site.
d. D. The project lighting plan shall be coordinated with any associated landscaping plan to prevent site
planning conflicts.
e. E. Any other information the community development directorDirector may determine is necessary to
ensure compliance with the provisions of this chapterChapter.
2. The directorDirector may waive any or all of these requirements if compliance can be determined based on
available information. (Ord. 1527 § 2 Ex. A (part), 2009)
17.23.040C. Operational standards.Standards.
1. Outdoor lighting shall be designed, installed, and maintained to prevent nighttime sky light pollution, preserve
and enhance visibility of stars, and use energy efficiently by lighting only those areas or objects necessary for
safety and security. All outdoor lighting shall conform to the following regulations:
A2. All outdoor lighting shall conform to the following regulations:
a. Orientation. Outdoor lighting shall be directed downward and away from adjacent properties and public
rights-of-way.
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b. B.Light Trespass in Residential Zones. No lighting on private property shall produce an illumination
level greater than two maintained horizontal footcandlesfoot-candles at grade on any property within a
residential zoning districtzone except on the site of the light source.
c. C.Light Intensity on Residential Sites. The maximum light intensity on a residential site shall not
exceed a maintained value of ten footcandles10 foot-candles, when measured at finished grade.
d. DLight Intensity on Nonresidential Sites.
(1) General. The maximum light intensity on a nonresidential site, except auto sales lots and sports
fields, shall not exceed a maintained value of ten footcandles10 foot-candles, when measured at
finished grade.
E.(2) Auto Sales Lots. The maximum light intensity on an auto sales lot shall not exceed a
maintained value of forty footcandles40 foot-candles, when measured at finished grade.
F.(3) Athletic Fields. The maximum light intensity on a sportsan athletic field shall not exceed a
maintained value of fifty footcandles50 foot-candles when measured three feet above grade.
Baseball field lighting and lighting for other recreational uses may be increased to a maintained value
of one hundred footcandles100 foot-candles with approval of the community development director.a
Director’s Action (see Section 17.XX.XXX [Director’s Action]).
e. G.Hours of Operation. Outdoor lighting shall be completely turned off or significantly dimmed at the
close of business hours unless lighting is essential for security or safety (e.g., illumination of parking
areas and plazas).
f. H.Prohibited Lighting.
(1) Flashing. Outdoor lighting shall not blink, flash, or rotate.
I.(2) Projection above Horizontal Plane. Outdoor flood light projection above the horizontal
plane, as defined in Section 17.XX.XXXA and shown in Figure 3-9 (Outdoor Lighting Horizontal
Plane) is prohibited, unless exempted by Section 17.23.080.060 (Exemptions).
J.(3) Upward Sign Illumination. All upward directed sign lighting, including illumination of
billboards, is prohibited, unless exempted by Section 17.23.080.060 (Exemptions).
K. (4) Search Lights. Search lights, laser source lights, or any similar high-intensity light are
prohibited, unless exempted by Section 17.23.060 (Exemptions).
g. Outdoor sportsAthletic Fields Illumination Hours. Outdoor athletic fields shall not be illuminated after
eleven p.m.11:00 PM, except to conclude a scheduled recreational or sporting event in progress prior to
eleven p.m. (Ord. 1553 § 19, 2010; Ord. 1527 § 2 Ex. A (part), 2009)11:00 PM.
17.23.050D. New development standards.
Development. In addition to required operational standards, new development projects shall incorporate the following
regulations: to minimize glare and light trespass and facilitate better vision at night. See also Community Design
Guidelines for guidance on preferred fixture styles.
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A.1. Fully Shielded. Outdoor lighting fixtures, including lighting for outdoor recreational facilities, shall be
shielded with full cutoff or recessed fixtures designed and installed so that no emitted light will break a
horizontal plane passing through the lowest point of the fixture (see Figure 10).3-9: Outdoor Lighting
Horizontal Plane). Cutoff fixtures mustshall be installed using a horizontal lamp position. Lighting fixtures
should be of a design that complements building design and landscaping, and may require architectural
review.
B.
Figure 3-9: Outdoor lighting shallLighting Horizontal Plane
2. Design. Lighting fixtures should be fully shielded or recessed (see Figure 11).of a design that complements
building design and landscaping and may require architectural review.
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1 Figures shown are examples for the public and staff to use in meeting the intent of this chapter. The city of
San Luis Obispo does not endorse or discriminate against any manufacturer that may be shown or
mentioned as examples.
C.3. Height, Intensity, and Scale. Lighting fixtures shall be appropriate in height, intensity, and scale to
the use they are serving. Parking lot lights shall not exceed a height of twenty-one21 feet, and wall-mounted
lights shall not exceed a height of fifteen15 feet, measured from the adjacent grade to the bottom of the fixture.
The architectural review commission can approve an exception to these height standards based on specific
extenuating circumstances.
D.4. Service Station Canopies. All luminaries mounted on the under surface of service station canopies
shall be fully shielded and utilize flush-mounted canopy fixtures with flat lenses.
E. Search lights, laser source lights, or any similar high-intensity light shall be prohibited, except, in emergencies, by
police and/or fire personnel, or at their direction, or for purposes of gathering meteorological data. Exceptions may
be granted in conjunction with approved temporary lighting. (Ord. 1527 § 2 Ex. A (part), 2009)
17.23.060 Temporary lighting.
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The community development director may approve temporary lighting that is an exception to the regulations
contained in this chapter. The director must make the following findings:
A. The purpose for which the lighting is proposed is not intended to extend beyond thirty days; and
B. The proposed lighting is designed in such a manner as to minimize light pollution and trespass as much as
feasible. (Ord. 1527 § 2 Ex. A (part), 2009)
17.23.0705. Alternate Materials and Methods of Installation. Designs, materials, or methods of installation not
specifically prescribed by this Section may be approved by Director, subject to Director’s Action. In approving
such a request, the Director shall find that the proposed design, material, or method provides approximate
equivalence to the specific requirements of this Section or is otherwise satisfactory and complies with the
intent of these provisions.
E. Nonconforming fixtures.
Fixtures. No outdoor lighting fixture whichthat was installed prior to the enactment of this chapter,Chapter and was
consistent with zoning regulationsZoning Regulations at the time of installation, shall be required to be removed
or modified. However, no modification or replacement shall be made to a nonconforming fixture unless the fixture
thereafter conforms to the provisions of this chapter. (Ord. 1527 § 2 Ex. A (part), 2009)Chapter.
17.23.080F. Exemptions.
The following lighting fixtures are exempt from the requirements of this chapterChapter:
A.1. Neon and Signage Lighting. Neon and other low -intensity outdoor lighting fixtures used for signage
or architectural decoration that are approved through architectural review.
B.2. Public Rights-of-Way Lighting. Outdoor lighting fixtures on public rights-of-way; provided, that
measures have been taken to mitigate impacts on surrounding properties and the night sky.
C.3. Emergency Aviation Lighting. Emergency lighting operated by public agencies or for the purpose
of aviation safety.
D.4. Infrastructure Construction Lighting. All temporary lighting used for the construction or repair of roadways,
utilities, and other public infrastructure.
E.5. Nonelectric Lighting. Nonelectric lighting such as gas lamps or kerosene lanterns.
F.6. Temporary and Seasonal Lighting. Temporary lighting equipment and seasonal lighting
equipment;, provided, that individual lamps are ten10 watts or less. Temporary lighting that does not comply
with the regulations contained in this Chapter is subject to the Director’s review and approval of Director’s
Action. In granting a request for approval of temporary lighting that does not comply with these regulations,
the Director shall make all of the following findings:
a. The purpose for which the lighting is proposed is not intended to extend beyond 30 days; and
b. The proposed lighting is designed in such a manner as to minimize light pollution and trespass as much
as feasible. G.
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7. Accent Lighting. Accent lighting for architectural features, national flags, statues, public art, signage or other
objects of interest provided theis subject to the Director’s review and approval of Director’s Action. In granting
a request for approval of accent lighting, the Director shall make all of the following findings:
a. The fixture emits a very narrow cone of light for the purpose of confining the light to the object of interest
and minimizing spill-light and glare. Accent lighting is subject to the director’s approval.; and
b. H.The fixture minimizes spill-light and glare.
8. Search Lights. Search lights, laser source lights, or any similar high-intensity light used for emergencies by
police and/or fire personnel, or at their direction, or for purposes of gathering meteorological data. Exceptions
may be granted in conjunction with approved temporary lighting (see Section 17.XX.060.F Temporary and
Seasonal Lighting).
9. Billboards. Upgrades to existing lighting fixtures on outdoor advertising signs (billboards) that reduce light
pollution, provided are subject to the Director’s review and approval of Director’s Action. In granting a request
for approval of accent lighting, the Director shall find that the level of illumination associated with the upgraded
lighting fixture is not increased and subject to the director’s approval. (Ord. 1527 § 2 Ex. A (part), 2009).
10. Decorative Patio Lighting. Low-level outdoor patio lighting, where individual lamps are 10 watts or less,
used by commercial businesses to provide ambiance.
17.70.110 – Lot Area
A. Purpose and Application. As defined in Chapter XX (General Definitions), lot area is the land area associated
with a particular lot. Net lot area is used to calculate maximum density and/or floor area ratio.
B. Net Lot Area. Net area is the total area within the property lines of the development site, excluding the following:
1. Street rights-of-way;
2. Area between the tops of banks of creeks shown on the Open Space Element creeks map;
3. Habitat occupied by species listed as endangered or threatened by the U.S. Fish and Wildlife Service or the
California Department of Fish and Game, or as plants of highest priority by the California Native Plant Society,
unless the Director determines there is no practical alternative as defined by the General Plan;
4. Area within the drip line of heritage trees designated by the City.
17.70.120 – Lot Coverage
17.16.030 Coverage.
A. Purpose and Application. As defined in Chapter XX (General Definitions), lot coverage is the ratio of the
total
A. Definition. “Coverage” means the area of a lot covered by the footprint of all structures, as well as to the net lot
area, typically expressed as a percentage of the total lot area, including all buildings, decks, balconies, porches,
accessory structures and accessory dwellings, and similar architectural features, expressed as a percentage of the
total lot area. Uncovered decks or porches which are thirty inches or less from the ground shall not be included in
the determination of coverage.
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Figure 6
B. Application and Exception. Maximum coverage shall be as provided in the specific property development standards
for the various zones in Chapters 17.24 and 17.56 inclusive, except that the planning commission may grant
exceptions to maximum coverage for churches, synagogues, temples, etc., in any zone, subject to approval of a
use permitXX through XX, inclusive.
Figure 7
(Ord. 1365 § 3 (part), 2000; Ord. 1265 § 2 Ex. A, 1994)-10: Lot Coverage
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B. Excluded from Lot Coverage. The following structures shall be excluded from the lot coverage calculation:
1. Uncovered decks, porches, landings, balconies, and stairways that are 30 inches or less in height, as
measured from the adjacent existing grade.
Figure 3-11: Decks Excluded from Coverage
5. Roof eaves which project 30 inches or less from the structure are not included in the determination of
coverage.
6. Swimming pools and hot tubs that are not enclosed in roofed structures or decks.
7. One small, non-habitable accessory structure under 120 square feet and under seven feet high. Any additional
structures above quantity of one shall be included in lot coverage.
17.70.130 – Mixed Use Development
A. Purpose. This Chapter provides standards for the design of mixed-use projects to be compatible with existing and
planned development on the site and adjacent and nearby properties. Mixed-use projects provide an opportunity
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to locate housing, jobs, recreation, and other daily needs in close proximity to one another, thereby enhancing
vitality and street life in San Luis Obispo and forwarding the City’s sustainability goals.
B. Allowed Uses. A mixed-use project requires a combination of residential units with any other use or multiple uses
allowed in the applicable zone by Section 17.22.010. Where a mixed-use project is proposed with a use required
by Section 17.22.010 to have use permit approval in the applicable zone, the entire mixed-use project shall be
subject to that use permit requirement.
C. Maximum Density. The residential component of a mixed-use project shall comply with the maximum density
requirements of the applicable zone, plus density bonuses where applicable.
D. Site Layout and Project Design Standards. Each proposed mixed-use project shall comply with the property
development standards of the applicable zone and the following requirements:
1. Location of Units. In the C-D zone, residential units shall not occupy any ground floor space. In all other
zones, residential units shall not occupy ground floor space within the first 50 feet of floor area measured from
each building face adjacent to a street toward the rear of the building unless the review authority finds that
the project enhances the pedestrian environment in the surrounding area or will perform a function or provide
a service that is essential or beneficial to the community or City.
2. Loading Areas. Service and loading areas shall be screened from residential areas and integrated with the
design of the building. Special attention shall be given when designing loading facilities in a location that is
proximate to residential uses. Techniques such as block walls, enhanced setbacks, or enclosed loading shall
be used to minimize adverse impacts to residents.
3. Trash and Recycling Areas. Areas for the collection and storage of trash and recyclable materials shall be
located on the site in locations that are convenient for both the residential and nonresidential uses. The
location and design of trash enclosures shall reduce nuisances from odors and noise when residential uses
might be impacted.
4. Limitations on Use. The following uses and activities shall not be allowed within any mixed-use development:
a. Major vehicle/equipment repair (e.g., body or mechanical work, including boats and recreational vehicles,
vehicle detailing and painting, upholstery, or any similar use);
b. Storage of flammable liquids or hazardous materials beyond that normally associated with a residential
use;
c. Manufacturing or industrial activities, including but not limited to welding, machining, or any open flame
work; or
d. Any other activity or use, as determined by the review authority, to be incompatible with residential
activities and/or to have the possibility of affecting the health or safety of mixed-use development
residents due to the potential for the use to create dust, glare, heat, noise, noxious gases, odor, smoke,
traffic, vibration, or other impacts, or would be hazardous because of materials, processes, products, or
wastes.
E. Design Standards. A mixed-use project shall be designed to achieve the following objectives:
1. The design shall provide for internal compatibility between the different uses in terms of noise, hours of
operation, vehicle and pedestrian circulation, access, use of open space, and similar operating characteristics.
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2. Potential noise, odors, glare, pedestrian traffic, and other potentially significant impacts on residents shall be
minimized to allow a compatible mix of residential and nonresidential uses on the same site.
3. The design of the mixed-use project shall take into consideration potential impacts on adjacent properties and
shall include specific design features to minimize potential impacts.
4. The design of the mixed-use project shall ensure that the residential units are of a residential character and
that privacy between residential units and between other uses on the site is maximized.
5. The design of the structures and site planning shall encourage integration of the street pedestrian environment
with the nonresidential uses through the use of plazas, courtyards, walkways, and street furniture.
6. Site planning and building design shall be compatible with and enhance the adjacent and surrounding built
environment in terms of scale, building design, color, exterior materials, roof styles, lighting, landscaping, and
signage.
F. Performance Standards.
1. Lighting. Lighting for nonresidential uses shall be appropriately designed, located, and shielded to not
negatively impact the residential units in the development or any adjacent residential uses.
2. Noise. All residential units shall be designed to minimize adverse impacts from nonresidential project noise
in compliance with the City’s noise regulations.
3. Hours of Operation.
a. C-N and O Zones. The commercial component of a mixed-use project shall be allowed to operate from
7:00 AM to 8:00 PM. Operation outside of these allowed hours shall require a Minor Use Permit to ensure
that the commercial use will not negatively impact the residential uses within the project.
b. All Other Zones that Allow Mixed-Use Projects. The commercial component of a mixed-use project
shall be allowed to operate from 7:00 AM to 8:00 PM. Operation outside of these allowed hours shall
require a Minor Use Permit to ensure that the commercial use will not negatively impact the residential
uses within the project.
c. General. Commercial hours of operation also may be restricted upon evidence of a substantiated
compliant or inadequate parking.
4. Residential Noise Notice. Residents of new mixed-use projects, whether owners or tenants, shall be notified
in writing before taking up residence that they will be living in an urban-type environment and that the noise
levels may be higher than a strictly residential area.
I. Pedestrian Access. On-site pedestrian circulation and access shall be provided per the following standards:
1. Internal Connections. A system of pedestrian walkways shall connect all buildings on a site to each other,
to on-site automobile and bicycle parking areas, and to any on-site open space areas or pedestrian amenities.
2. To Circulation Network. Regular and convenient connections between on-site walkways and the public
sidewalk and other existing or planned pedestrian routes, such as safe routes to school, shall be provided.
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An on-site walkway shall connect the primary building entry or entries to a public sidewalk on each street
frontage.
3. To Adjacent Areas. Direct and convenient access shall be provided from mixed-use projects to adjoining
residential and commercial areas to the maximum extent feasible while still providing for safety and security.
4. To Transit. Safe and convenient pedestrian connections shall be provided from adjacent transit stops to
building entrances.
5. Interior Pedestrian Walkway Design.
a. Walkways shall have a minimum clear unobstructed width of six feet, be hard surfaced, and paved with
concrete, stone, tile, brick, or comparable material.
b. Where a required walkway crosses driveways, parking areas, or loading areas, it must be clearly
identifiable through the use of a raised crosswalk, a different paving material, or similar method.
c. Where a required walkway is parallel and adjacent to an auto travel lane, it must be raised or separated
from the auto travel lane by a raised curb at least four inches high, bollards, or other physical barrier.
J. Objective Design Criteria
1. Building Orientation and Entrances.
a. Orientation. The main building of a development shall be oriented to face a public street. Building
frontages shall be generally parallel to streets. For all residential, retail, and office uses, at least one
primary entrance to a ground-floor use shall face the adjacent street right-of-way. Ground-related
entrances include entrances to ground-floor uses, residential units, clusters of residential units, lobbies,
or private courtyards.
b. Nonresidential Entrances. Entries shall be clearly defined features of front façades and of a scale that
is in proportion to the size of the building and number of units being accessed. Larger buildings shall have
a more prominent building entrance, while maintaining a pedestrian scale.
c. Transitional Space at Residential Entries. New residential buildings shall provide transitional spaces
in the form of stoops, overhangs, and porches between public areas fronting the primary street and
entrances. This type of element or equivalent shall be required for each unit or group of units, but no less
than one of this type of element shall be provided.
2. Building Articulation. No street frontage wall may run in a continuous plane for more than 20 feet without
an opening or offsets, or as approved by the review authority if the project is constrained by unusual parcel
size, shape, use, or other features that the responsible review authority accepts as rendering this requirement
infeasible. Openings fulfilling this requirement shall have transparent glazing and provide views into work
areas, display areas, sales areas, lobbies, or similar active spaces. Offsets shall vary in depth and/or direction
of at least 18 inches, or a repeated pattern of offsets, recesses, or projections of similar depth.
17.70.140 – Public Art Requirements for Private Development
Chapter 17.98
PUBLIC ART REQUIREMENTS FOR PRIVATE DEVELOPMENT
Sections:
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17.98.010
A. Purpose.
17.98.020 Definitions.
17.98.030 Public art account.
17.98.040 Applicability.
17.98.050 andExceptions.
17.98.060 Public art contribution.
17.98.070 Application procedures for placement of required public art on private property..
17.98.080 Approval for placement of public art on private property.
17.98.090 Application procedure for acceptance of public art donated to the city.
17.98.100 Review of application for acceptance of public art donated to the city.
17.98.110 Payment of art in-lieu fee.
17.98.120 Certificate of occupancy.
17.98.130 Ownership of public art.
17.98.140 Removal or alteration of public art.
17.98.010
1. Purpose.
The city of San Luis ObispoCity wishes to enhance the cultural and aesthetic environment of the city,San Luis
Obispo and to encourage creativity and an appreciation of the arts and our cultural heritage. Through the
establishment of a program of public art funded by private development, the cityCity will promote the general
welfare through balancing the community’s physical growth and revitalization with its cultural and artistic
resources. (Ord. 1372 § 1 (part), 2000)
17.98.020 Definitions.
As used in this chapter:
a. A. “Art in public places” shall mean public art installed either on or off site, as part of new development,
in conformance with the standards set forth in this chapter.2. Application.
B. “Nonresidential development” shall mean the construction of commercial, mixed use, office and industrial projects,
which are not intended for residential purposes.
C. “Public art” shall include, but not be limited to, sculpture, monuments, murals, frescoes, bas-relief, mobiles,
drawings, paintings, graphic arts, mosaics, photographs, fountains, decorative arts, ceramics, carving and stained
glass located in or on a public place. It does not include landscaping, paving, architectural ornamentation or signs
as defined by Chapter 15.40 of this code.
D. “Public art coordinator” shall mean that city employee designated by the city administrative officer to be
responsible for the city’s visual arts in public places program.
E. “Public art jury” shall mean an appointed jury of no less that five city residents including, but not limited to, as
appropriate, a board member from the San Luis Obispo County arts council, an artist, a business representative,
an educator/historian and a city or advisory body representative.
F. “Public place” shall mean city or privately owned land or buildings which are open to the general public on a
consistent basis and which are also places of high visibility to the general public.
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G. “Total construction costs” shall mean the valuation of the proposed structures or improvements, as calculated
based on the most recent Building Valuation Data from the Uniform Building Code (UBC). (Ord. 1372 § 1 (part),
2000)
17.98.030 Public art account.
There shall be an account designated for public art, into which shall be deposited all fees paid pursuant to this
chapter. This account shall be maintained by the city finance director and shall be used for the acquisition,
installation, and improvement of public art in the city. (Ord. 1372 § 1 (part), 2000)
17.98.040 Applicability.
The program described in this chapterSection is a mandatory program, and the standards specified are minimum
standards for compliance. Participation in the program by itself does not qualify project applicants for
consideration of increased project density/intensity as discussed in the land use element of the city of San
Luis Obispo general plan.Land Use Element of the General Plan. The minimum requirements in this Chapter
apply to:
a. A. This chapter shall apply to allAll new nonresidential development, as defined in this chapteras
commercial, office, and industrial projects, parking structures, and the nonresidential portion of mixed-
use projects, having a total construction cost of one hundred thousand dollars$100,000 or more, as
calculated based on the most recent Building Valuation Data from the Uniform Building Code (UBC).
b. All expansion of, remodeling of, or tenant improvements to existing eligible buildings when any such work
has a total construction cost of $100,000 or more, as calculated based on the most recent Building
Valuation Data from the Uniform Building Code (UBC).
3.
B. This chapter shall apply to all expansion of, remodeling of or tenant improvements to existing eligible buildings
when any such work has a total construction cost of one hundred thousand dollars or more, as calculated based on
the most recent Building Valuation Data from the Uniform Building Code (UBC). (Ord. 1372 § 1 (part), 2000)
17.98.050 Exceptions.
The following development activities shall be exempt from the requirements of this Section 17.98.040:
a. A. Construction, repair, or alteration of buildings to carry out rehabilitation of private property if that
rehabilitation is primarily financed with public funds.
b. B. Construction, repair, or alteration of buildings to meet cityCity-mandated seismic rehabilitation or fire
lateral replacement.
B. (Ord. 1372 § Definitions. As used in this Section:
1 (part), 2000). Public Art Coordinator” shall mean that City employee designated by the City
Administrative Officer to be responsible for the City’s visual arts in public places program.
17.98.060 Public art contribution.
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A.2. “Public Art Jury” shall mean an appointed jury of no fewer than five City residents including, but
not limited to, as appropriate, a board member from the San Luis Obispo County arts council, an artist, a
business representative, an educator/historian, and a City or advisory body representative.
C. Public Art Account. There shall be an account designated for public art, into which shall be deposited all fees
paid in compliance with this Section. This account shall be maintained by the City Finance Director and shall be
used for the acquisition, installation, and improvement of public art in the City.
D. Public Art Contribution.
1. On-Site Contribution. The project applicant shall acquire and install public art approved by a public art jury
and the architectural review commission in a public place on or in the vicinity of the development project site.
A public place may include City-owned or privately owned land or buildings that are open to the general public
on a consistent basis and are of high visibility to the general public. The minimum cost of the public art,
including installation, shall be determined by the following allocation:
a. 1. An amount equal to one-half of one percent of that portion of the total construction costs in excess of
one hundred thousand dollars$100,000, for each building permit, computed using the latest Building
Valuation Data as set forthcontained in the Uniform Building Code (UBC) unless, in the opinion of the
city’s chief building officialCity’s Building Official, a different valuation measure should be used.
b. 2. Should a project consist of multiple buildings with separate building permits, at the city’sCity’s option,
arrangements may be made to combine the public art requirements in an appropriate manner.
c. 3. In no event shall the required cost for public art under this program exceed fifty thousand
dollars$50,000 per building permit.
B.2. Off-Site Contribution. As an option, the project applicant may acquire and install public art,
approved by a public art jury and the architectural review commission and accepted by the city councilCouncil,
in a cityCity-owned public place not located aton or in the vicinity of the development site. The art shall be
installed in a location that is open to the general public on a consistent basis and also is of high visibility to
the general public. Cost of the public art shall be determined by the allocations set forthcontained in subsection
A of this sectionSection. Such public art shall be considered a donation to the city of San Luis ObispoCity.
C.3. In-Lieu Contribution. In lieu of placement of approved public art, the applicant may pay, as a
voluntary alternative, to a public art in-lieu account an amount equal to the program allocation set
forthcontained in subsection A of this section. (Ord. 1372 § 1 (part), 2000)Section.
17.98.070E. Application proceduresand Review Procedures for placementPlacement of required public
artRequired Public Art on private propertyPrivate Property.
1. Application. An application for placement of public art on private property shall be submitted to the community
development directoras a Director’s Action application and shall include:
a. A. Preliminary sketches, photographs, or other documentation of sufficient descriptive clarity to indicate
the nature of the proposed public art;.
b. B. An appraisal or other evidence of the value of the proposed public artwork, including acquisition and
installation costs;.
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c. C. Preliminary plans containing such detailed information as may be required by a public art jury and the
architectural review commission to adequately evaluate the location of the artwork in relation to the
proposed development and its compatibility to the proposed development, including compatibility with the
character of adjacent conforming developed parcels and existing neighborhoods;.
d. D. A narrative statement to be submitted to the community development directorDirector to demonstrate
that the public art will be displayed in an area open and freely available to the general public, or that
public accessibility will be provided in an equivalent manner based on the characteristics of the artwork
or its placement on the site. (Ord. 1372 § 1 (part), 2000)
17.98.080 Approval for placement of public art on private property.
A. Applications completed in accordance with Section 17.98.070 shall be submitted to the community development
director for review and approval of the public art in accordance with this chapter2. Review.
a. The Director shall review the application for compliance with this Section.
The Director.
b. B. The community development director shall forward the completed application to the public art
coordinator who shall convene a public art jury to review the proposed public art using adopted public art
evaluation criteria.
c. C. Upon recommendation of the public art jury, the public art application shall be reviewed by the
architectural review commission.Director and shall meet the findings required for a Director’s Action
(Section XX.XX.XX).
d. D. All approvals for placement of public art on private property shall be obtained prior to issuance of a
building permit. (Ord. 1372 § 1 (part), 2000)
17.98.090F. Application procedureand Review Procedures for acceptanceAcceptance of public art
donatedPublic Art Donated to the cityCity.
1. Application. An application for acceptance of public art to be donated to the cityCity shall include:
a. A. Preliminary sketches, photographs, models, or other documentation of sufficient descriptive clarity to
indicate the nature of the proposed public art;.
b. B. An appraisal or other evidence of the value of the proposed public art, including acquisition and
installation costs;.
c. C. A written agreement executed by or on behalf of the artist who created the public art which expressly
waives his or herthe artist’s rights under the California Art Preservation Act or other applicable law;.
d. D. Other information as may be required by the public art coordinator to adequately evaluate the proposed
donation of public art. (Ord. 1372 § 1 (part), 2000)
17.98.100 Review of application for acceptance of public art donated to the city.
A. 2. Review.
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a. Prior to the issuance of grading and building permits, the applicant shall presentsubmit to the community
development director for review,Director an application for acceptance of public art donated to the city,
pursuant toCity, in compliance with Section 17.98.060(BXX.XXX.D (Public Art Contribution) and
17.XX.XXX.F.1 (Application).
b. B. The community development directorDirector shall forward the application to the public art coordinator,
who shall convene a public art jury to review the proposed public art, using adopted public art evaluation
criteria.
c. C. Upon the recommendation of the public art jury, the public art application shall be forwarded to the
architectural review commission for reviewreviewed by the Director.
d. D. Upon the recommendation of the architectural review commissionDirector, the application shall be
forwarded to the city councilCouncil, which shall have the sole authority to accept, reject, or conditionally
accept the donation. (Ord. 1372 § 1 (part), 2000)
17.98.110G. Process.
1. Payment of art inArt In-lieu fee.
Fee. If the payment of an art in-lieu fee is voluntarily elected, the payment, in an amount equal to the program
allocation set forthcontained in Section 17.98.060(C),xx.xxx.D.3 (In-Lieu Contribution) shall be paid prior to
the issuance of a building permit. (Ord. 1372 § 1 (part), 2000)
17.98.1202. Certificate of occupancy.
Occupancy. The following requirements must be met prior to the city’sCity’s issuance of occupancy permits.
a. A. Full compliance with one of the following:
(1) 1. The approved public art has been placed on the site of the approved project, in a manner
satisfactory to the chief building officialBuilding Official and the public art coordinator; or
(2) 2. Donation of approved public art has been accepted by the city councilCouncil; or
(3) 3. In-lieu art fees have been paid.
b. B. If public art has been placed on the site of the approved project, the applicant must execute and record
with the county recorderCounty Recorder covenants, conditions, and restrictions (CC&Rs), which) that
require the property owner, successor in interest, and assigns to:
(1. ) Maintain the public art in good condition as required by the city’sCity’s public art guidelines;.
(2. ) Indemnify, defend, and hold the cityCity and related parties harmless from any and all
claims or liabilities from the public art, in a form acceptable to the city attorney; City Attorney.
(3. ) Maintain liability insurance, including coverage and limits as may be specified by the
city’sCity’s risk manager. (Ord. 1372 § 1 (part), 2000)
17.98.130H. Ownership of public art.Public Art.
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A. 1. All public art placed on the site of an applicant’s project shall remain the property of the applicant;
the obligation to provide all maintenance necessary to preserve the public art in good condition shall remain
with the owner of the site.
B. 2. Maintenance of public art, as used in this chapterSection, shall include without limitation,
preservation of the artwork in good condition to the satisfaction of the city,City; protection of the public art
against physical defacement, mutilation, or alteration; and securing and maintaining fire and extended
coverage insurance and vandalism coverage in an amount to be determined by the city’sCity’s risk manager.
Prior to placement of approved public art, the applicant and owner of the site shall execute and record a
covenant, in a form approved by the cityCity, requiring maintenance of the public art. Failure to maintain the
public art as provided in this chapterSection is declared to be a public nuisance.
C. 3. In addition to all other remedies provided by law, in the event the owner fails to maintain the public
art, upon reasonable notice, the cityCity may perform all necessary repairs and maintenance or secure
insurance, and the costs therefore shall become a lien against the real property.
D. 4. All artwork donated to the cityCity shall become the property and responsibility of the cityCity upon
acceptance by the city council. (Ord. 1372 § 1 (part), 2000)Council.
17.98.140I. Removal or alterationAlteration of public artPublic Art.
A. 1. Public art installed on or integrated into a construction project pursuant toin compliance with the
provisions of this chapterSection shall not be removed or altered without the approval of the city council.
Council.
B. 2. If any public art provided on a development project pursuant toin compliance with the provisions of
this chapterChapter is knowingly removed by the property owner without prior approval, the property owner
shall contribute funds equal to the development project’s original public art requirement to the city’sCity’s
public art in-lieu account, or replace the removed artwork with one whichthat is of comparable value and
approved by the city councilCouncil. If this requirement is not met, the occupancy permit for the project may
be revoked by the city councilCouncil upon due notice and an opportunity to be heard. The cityCity may, in
addition, pursue any other available civil or criminal remedies or penalties. (Ord. 1372 § 1 (part), 2000)
17.17.060 Roofs.70.150 – Rooftop Uses
A. Height. The height of any railings or parapets, exterior stairways, and other access features such as stairwells or
elevators for access to roof decks shall not exceed the maximum allowable building height for the structure,
including exceptions allowed by Section XXX (Height Measurement).
B. A. Furniture. No furniture or equipment, including chairs, mattresses, couches, recreational furniture, or other
materials may be placed on any roof, patio cover, carport, shed top, or similar structure, except for the following.
B. Exceptions.
1. 1. Roof-top equipment, including antennas, satellite dishes, masts, poles, heating, ventilation, air conditioning
equipment, and similar devices that are designed for roof-top installation, and were lawfully installed, may
remain on the roof as long as they are properly maintained.
2. 2. Furniture or other equipment may be placed on a roof deck or other similar place that was lawfully designed
and created for such use. (Ord. 1277 § 2 Ex. A, 1995)All such furniture and accessories located on a roof
deck shall be secured as necessary to prevent wind damage or dislocation.
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C. Performance Standards.
1. Lighting. Lighting for rooftop uses shall be appropriately designed, located, and shielded to not negatively
impact any adjacent residential uses.
2. Noise. All rooftop decks shall be designed to minimize adverse impacts to surrounding properties in
compliance with the City’s noise regulations.
3. Hours of Operation.
a. C-N and O Zones. Nonresidential rooftop uses shall be allowed to operate from 7:00 AM to 8:00 PM.
Operation outside of these allowed hours shall require a Minor Use Permit to ensure that the commercial
rooftop use will not negatively impact surrounding residential uses.
b. All Other Nonresidential Zones. Nonresidential rooftop uses shall be allowed to operate from 7:00 AM
to 10:00 PM. Operation outside of these allowed hours shall require a Minor Use Permit to ensure that
the commercial rooftop use will not negatively impact surrounding residential uses.
c. General. Rooftop decks and activities shall also comply with restrictions for development subject to Edge
Conditions regulations (Section 17.XX Edge Conditions). Commercial hours of operation for rooftop uses
also may be restricted upon evidence of a substantiated compliant.
17.70.160 – Satellite Dish Antenna
17.16.110 Satellite dish antenna.
A. Purpose. To establishThese regulations whichare established to regulate the installation of dish-type satellite
antennas to help protect public safety and preserve view corridors and neighborhood character.
B. Definition. A satellite dish antenna is a device incorporating a reflective surface that is solid, open mesh, or bar-
configured and is in the shape of a shallow dish, cone, horn or cornucopia, that is used to transmit and/or receive
radio, microwave or other electromagnetic waves between terrestrially and/or orbitally based use.
C. Residential Performance Standards. The installation of dish-type antennas may be permittedallowed in all
residential zones, subject to the following criteria:
1. Antenna size: Maximum diameter to be ten feet.
2. Setback: No part of a satellite dish antenna may be located in any required street or other yard. Antennas
located outside a street yard setback but between the residence and the street are prohibited.
3. Height: Maximum antenna height to be thirteen feet. All satellite dishes higher than side or rear yard fences
shall be screened from neighboring properties. Roof-mounted installations or pole-mounted installations
attached to eaves are prohibited except by use permit. Any antenna that may block significant views from
neighboring buildings or from public areas shall be subject to architectural review.
4. Number: One dish-type satellite antenna is allowed per site, in addition to normal television and radio
antennas.
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D. Commercial Performance Standards. The installation of dish-type satellite antennas may be permitted in the
office, commercial and industrial zones, subject to the following criteria:
1. Installation shall be subject to architectural review in accordance with the adopted architectural review
commission ordinance and guidelines.
2. Installations shall not be permitted within street yard.
3. Installations shall be located so as to minimize visibility from adjoining properties and rights-of-way.
E. Exceptions.
1. Dish-type satellite antenna installations that are less than one meter in diameter are exempt from these regulations
unless proposed on a historic building.
1. 2. Antenna size: Maximum diameter shall be 10 feet.
2. Setback: No part of a satellite dish antenna may be located in any required setback area, any side yard area
between a street and the primary residence, or any front yard area.
3. Height: Maximum antenna height shall be 13 feet.
4. Roof-mounted. Roof-mounted installations or pole-mounted installations attached to eaves are prohibited
except by approval of a Director’s Action.
5. 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 review by the Architectural Review Commission.
6. Screening. All satellite dishes higher than side or rear yard fences shall be screened from view from
neighboring properties.
C. Commercial Performance Standards. The installation of dish-type satellite antennas may be allowed in the
office, commercial, and industrial zones, subject to the following criteria:
1. Installation shall be subject to architectural review in compliance with the adopted Architectural Review
Commission ordinance and guidelines.
2. Installations shall not be allowed within setback area of any yard adjacent to a public street.
3. Installations shall be located to minimize visibility from adjoining properties and rights-of-way.
D. 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
CB and DC of this sectionSection may be considered if an administrative use permit is obtained as
outlinedthrough review by Chapter 17.58.the Architectural Review Commission. Conditions imposed as part
of use permitthe approval would typically include requirements to minimize the visibility of the installation,
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including blockage of significant public and private views of hillsides, cityCity vistas, or open space areas.
Acceptable techniques to reduce the visibility of dish installations include use of alternative materials (wire
mesh instead of solid surface), painting the dish in a subdued or natural color, and landscaped screening.
F. E. Open Space/Conservation Standards. The installation of dish-type satellite antennas may be
permittedallowed in the open space/conservation zone subject to an administrative use permit and subject to an
administrative use permit and subject to architectural review in accordancecompliance with the adopted ARC
ordinanceArchitectural Review Commission ordinances and guidelines.
G. F. 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)
Yards
17.16.020 Yards.70.170 – Setbacks
A. Definitions and
A. Purpose. This Chapter establishes standards for the measurement of setbacks and required setback areas.
These provisions, in conjunction with other applicable provisions of the Zoning Regulations,Purpose.
1. A “yard” is an area along a property line within which no structures, parking spaces or parking backup spaces may
be located, except as otherwise provided in these regulations. Yards are intended to help determine the pattern of
building masses and open areas within neighborhoods. They also provide separation between combustible
materials in neighboring buildings. Yards Setback areas are further intended to help provide landscape beauty,
air circulation, views, and exposure to sunlight for both natural illumination and use of solar energy.
2. These regulations provide for two types of yards:
a. “Street yard” means a yard adjacent to a local street, state highway or adopted setback line. Frontages on
Highway 101 are not street yards.
b. An “other yard” is any yard other than a street yard (i.e., side and rear yards).
B. Measurement of Yards.Setbacks.
1. General. All setback distances shall be measured at right angles from the designated property line to the
building or structure, and the setback line shall be drawn parallel to and at the specified distance from the
corresponding front, side, or rear property line. Exception: Where the front property line is located beyond the
curb (i.e., within a street or common driveway), the front setback is defined as the minimum distance between
a structure and the edge of curb.
2. 1. Street yards shall be measured from the right-of-way line or adopted setback line to the nearest point
of the wall of any building.
2. Other yards shall be measured from the property line to the nearest point of the wall of any building.
3. Building Height and Setbacks. The height of a building in relation to yardsetback standards is the vertical
distance from the ground to the top of the roof, measured at a point whichthat is a specific distance (the
setback distance) from the property line. Height measurements shall be based on the existing topography of
the site before grading for proposed on-site improvements. Where building height is linked to a minimum
setback, that setback shall apply to the building incrementally and shall not require a clear-to-sky setback for
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the entire building. Rather, the setback requirements allow the building to be stepped back incrementally
consistent with the required setback distance based on building height.
C. Yard Standards.
1. Street yards shall comply with the following:
Table 2: Minimum Street Yards
Zone Minimum Street Yard
R-1 20 feet
R-2 20 feet
R-3 15 feet
R-4 15 feet
C/OS 20 feet
O 15 feet
PF As provided in zone of adjacent lot*
C-N 10 feet
C-C As provided in zone of adjacent lot*
C-D As provided in zone of adjacent lot*
C-R As provided in zone of adjacent lot*
C-T 10 feet
C-S See Chapter 17.46
M See Chapter 17.48
BP See Chapter 17.49
* If the zone of adjacent lot does not have its own
standard, no street yard is required. Lots
separated by streets or other rights-of-way are
not considered adjacent. If more than one zone
is adjacent, the largest yard shall be required.
2. Other yards shall comply with the following:
Table 3: Minimum Other Yards in R 1 and R-2
Zones
Maximum Building
Height*
Minimum Required
Yard**
A point this high on the
roof of a building
Must be at least this
far from the
property line:
(feet) (feet)
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Table 3: Minimum Other Yards in R 1 and R-2
Zones
Maximum Building
Height*
Minimum Required
Yard**
1 – 12 5.0 (min. in R-1 & R-
2)
13 5.5
14 – 15 6.0
16 – 17 7.0
18 – 19 8.0
20 8.5
21 – 22 9.0
23 – 24 10.0
25 10.5
26 11.0
27 11.5
28 12.0
29 12.5
30 – 31 13.0
32 13.5
33 14.0
34 14.5
35 15.0
* Building heights shall be rounded to the nearest
whole foot.
** Yards shall be rounded to the nearest 0.5 foot.
Table 4: Minimum Other Yards in R-3, R-4, O and
C-N Zones
Maximum Building
Height*
Minimum Required
Yard**
A point this high on the
roof of a building
Must be at least this
far from the
property line:
(feet) (feet)
1 – 13 5 (min. yard)
14 – 15 5.5
16 – 17 6
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Table 4: Minimum Other Yards in R-3, R-4, O and
C-N Zones
Maximum Building
Height*
Minimum Required
Yard**
18 – 20 6.5
21 – 22 7
23 – 24 7.5
25 – 26 8
27 – 29 8.5
30 – 31 9
32 – 33 9.5
34 – 35 (max. height) 10
* Building heights shall be rounded to the nearest
whole foot.
** Yards shall be rounded to the nearest 0.5 foot.
Table 5: Minimum Other Yards in C/OS, PF, C C, C-
D, C-R, C-T, C-S, M and BP Zones
Zone Minimum Other Yard
C/OS 20 feet
PF As provided in zone of adjacent lot*
C-C As provided in zone of adjacent lot*
C-D As provided in zone of adjacent lot*
C-R As provided in zone of adjacent lot*
C-T As provided in zone of adjacent lot*
C-S See Chapter 17.46
M See Chapter 17.48
BP See Chapter 17.49
* If the zone of adjacent lot does not have its own
standard, no yard is required. Lots separated by
streets or other rights-of-way are not considered
adjacent. If more than one zone is adjacent, the
largest yard shall be required.
3. Yards with city-required landscape plans and storm water facilities shall be landscaped and maintained in
accordance with approved plans.
17.16.020 Yards.
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D. What May Occupy Yards.
1.
3. Sloped Lots. For sloped lots, the measurement shall be made as a straight, horizontal line from the property
line to the edge of the structure, not up or down the hill slope.
4. Flag Lots. For flag lots, the pole portion of the parcel shall not be used for defining setback lines.
C. Allowed Projections into Required Setback Areas. The following features are allowed projections into required
setback areas:
1. Utility Structures. ComponentsAdequately screened components of public utility systems may be located
within front and street yardsside setbacks when approved by the architectural review commissionDirector’s
Action.
2. Fences, Walls, and Hedges. Fences, walls, and hedges may occupy yardssetbacks to the extent provided
in Section 17.16.050. (XX.XXX (Fences, Walls, and Hedges). Vegetation may also be controlled by the
California Solar Shade Control Act.).
3. 3. Arbors and Trellises. Arbors and trellises may occupy yardssetbacks subject to the extent provided in
Section 17.16.050.XX.XXX (Fences, Walls, and Hedges). Arbors and trellises shall not be connected to or
supported by a building, nor be designed to support loads other than vines or similar plantings. They are not
considered structures for zoning purposes and shall not be used as patio covers.
4. 4. Signs. Signs in conformance with the sign regulations codified in Chapter 15.40 (Sign Regulations) of the
Municipal Code may occupy yardssetbacks to the extent provided in those regulationsthat Chapter.
5. 5. Architectural Features. The following and similar architectural features may extend into a required
yardsetback no more than thirty30 inches:
a.
a. Cornices, canopies, eaves, buttresses, chimneys, solar collectors, shading louvers, reflectors, water
heater enclosures, and bay or other projecting windows that do not include usable floor space (Figure
112: Architectural Feature Projections into Required Setbacks).
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b.
Figure 3-12: Architectural Feature Projections into Required Setbacks
b. Uncovered balconies, uncovered porches, orand decks may extend into the required yardsetback not
more than four feet or one-half the required yardsetback distance, whichever is less. Fire escapes, exit
stairs, or other required exits may be required to meet greater setbacks to comply with building
codeBuilding Code requirements.
c. Decks, planters
c. Planters and similar features less than thirty30 inches above gradein height may be located within the
required yardssetbacks.
6. 6. Mechanical Equipment. Mechanical equipment shall comply with required setbacks, with the following
exceptions:
a. Tankless water heaters may encroach into the required side and rear setbacks by 30 inches.
b. Mechanical equipment serving swimming pools, spas, and water features shall be set back not less
than three feet from a side or rear property line. All such equipment shall be acoustically shielded to
comply with Chapter 9.12 (Noise Control) of the Municipal Code.
c. All ground-mounted heating and air conditioning equipment shall be set back not less than five feet
from any side or rear property line and shall comply with Chapter 9.12 (Noise Control) of the
Municipal Code.
7. Trash Enclosures. Trash enclosures whichEnclosures that have been approved by the architecturalin
conjunction with Development Review or a discretionary review commissionprocess may be located within a
required yardside or rear setback, provided no part of the enclosure is less than three feet from any right-of-
way or adopted setback line.
8. 7. Accessory Structures. Accessory structures less than 120 square feet in size may be located within a
required side or rear setback, provided no building, electrical, or plumbing permits are required for the
structure.
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9. Vehicle Parking. Vehicle parking in front yard areas (as defined in Chapter XX: Definitions) of residential
properties shall conform to Section 17.17.055. No person shall stop, park, or leave standing any vehicle,
whether attended or unattended, within any front or street yardside setback or upon any unpaved surface as
defined in this sectionSection and Section 12.38.040. (Parking and Driveway Standards).
8. Unenclosed Parking Spaces in Other Yards.Side and Rear Setbacks. Unenclosed parking spaces and
parking aisles may be located within other yards.side and rear setbacks. For residential properties,
parking spaces may not be located within the “front yard” area unless consistent with Section 17.17.055.
10. 9. Unenclosed Tandem (Front Yard Parking Spaces. For single dwellings required parking may be approved
by the director to be in tandem where safe and compatible with the surrounding neighborhood.).
11. 10. Enclosed and Unenclosed Parking Spaces in Front and Street YardSide Setback Prohibited. In no
case mayshall an enclosed parking space or required parking space from which vehicles exit directly onto the
street be located less than twenty20 feet from the street right-of-way or setback line, except as provided in
subsection (E)(2) of this section,XX.XXX.XXB (Discretionary Exceptions to Setback Requirements), or as
provided in Section 17.17.055(. D). (Single Car Garages and Single Car Parking). In no case shall a parking
space encroach on a public sidewalk.
E. Exceptions to Yard Requirements. These regulations provide two general types of exceptions to the yard
requirements: First, those which the property is entitled to because of physical circumstances, and second, those
which the city may approve upon request and subject to certain discretionary criteria.
12. Landscaping in Setbacks. Required setbacks with City-required landscape plans and storm water facilities
shall be landscaped and maintained in compliance with approved plans.
D. Exceptions to Setback Requirements
1. Exceptions Entitled to Property May Be Entitled ToDue to Physical Circumstances.
a.
Front and/or Street Yards on Corner Lots Recorded Before April 1, 1965. On corner lots in the R-1 and R-2 zones,
recorded before April 1, 1965, the street yard along the lot frontage having the longer dimension shall be not less
than ten feet, as in Figure 2.Side Setback
Figure 2
b. Street Yards on Corner Lots Where Each Corner Lot Has Its Longer Frontage Along the Cross
Street. In the R-1 and R-2 zones, when each corner lot on a cross street has its longer frontage
along the cross street, as in Figure 3, the street yard along the longest frontage shall be not less
than ten feet.
Figure 3
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a. c. Street Yard Averaging (in Developed Areas).. Where these regulationsZoning Regulations require
front and/or street yardsside setbacks and where buildings have been erected on at least one-half of the
lots in a block as of the effective date of the regulations codified in this sectionSection, the minimum
required front and/or street yardside setback shall be the average of the front and/or street yardsside (as
applicable) setback of the developeddeveloped lots, but in no case less than ten10 feet nor more than
would otherwise be required. Averaging does not apply to enclosed parking structures.
d.
b. Reduced Front or Street YardSide Setback for New Structure Providing Additional Creek Setback.
Where a new structure provides a rear or side creek setback larger than required by this titlethese Zoning
Regulations, the required front and/or street yardside setback, respectively, shall be reduced by one foot
for each one foot of additional creek setback, so long as the front and street yardside setback is at least
one-half that required by the zone in which the property is located. Refer to the front and street side
setback standards for each zone in Chapters X – X.
c. Setbacks Adjacent to an Alley. The standards provided in Table 3-X (Minimum Side and Rear Setbacks
in R-1 and R-2 Zones), Table 3-X (Minimum Side and Rear Setbacks in R-3, R-4, O, and C-N Zones),
and Table 3-X (Minimum Side and Rear Setbacks in C/OS, PF, C-C, C-D, C-R, C-T, C-S, M, and BP
Zones) of subsection XX.XXX.XX.B (Interior and Rear Setbacks) shall apply along alleys. However, zero
setback is allowed for required surface parking spaces.
2. Discretionary Exceptions.
a.
d. Rear Setback on Through Lots. On through lots, the minimum rear setback shall be the equivalent to
the minimum required front setback.
2. Discretionary Exceptions. Discretionary exceptions to setback requirements shall require a Director’s Action
and meet the findings required for a Director’s Action (Section XX.XX.XX), as well as any findings indicated
below for an individual exception.
a. Reduced Front and Street Yards.Side Setbacks. Upon approval of a use permitDirector’s Action, or in
conjunction with tandem parking approval, the directorDirector may allow front and/or street yardsside
setbacks to be reduced to zero for unenclosed parking spaces. Street yard reductions are not intended
to allow for garage conversions. Street yards Front and street side setbacks may be reduced to ten10
feet for structures, including side-loaded carports. Reductions may be approved for and garages when
the . However, no driveway is long enoughshall be less than 18 feet six inches deep, as measured from
the sidewalk to face of a garage, or where no sidewalk exists, the outer edge of the street, to
accommodate a parked car that does not overhang the sidewalk (eighteen and one-half feet minimum).in
the driveway without overhanging onto the public right-of-way.
b.
b. Variable Street YardsFront Setbacks in Subdivisions. In new residential subdivisions, the entity
approving the subdivisionreview authority may approve variable street yardsfront setbacks, to be noted
on the approved map, provided the average of the yardsfront setbacks on a block is at least fifteen15 feet
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and no yardfront setback is less than ten10 feet. Garages or carports whichthat back directly onto the
public right-of-way shall maintain a minimum setback so thatof at least 18 feet six inches, as measured
from the sidewalk or where no sidewalk exists, as measured from the outer edge of the public right-of-
way, to accommodate a parked car doesn’t overhang the sidewalk (eighteen and one-half feet).in the
driveway without overhanging onto the public right-of-way.
c.
c. Variable Other YardsSide and Rear Setbacks in New Subdivisions. In new residential subdivisions,
the entity approving the subdivision mapreview authority may approve exceptions to the other yardside
and rear setback standards, with the exceptions to be noted on the map, provided a separation of at least
ten10 feet between buildings on adjacent lots will be maintained and an acceptable level of solar exposure
will be guaranteed by alternative yardsetback requirements or private easements to ensure the
development will comply with solar access standards of General Plan Conservation and Open Space
Element Policy 4.5.1.
d.
d. Other YardSetback Variations in Previously Subdivided Areas. Upon approval of a use
permitDirector’s Action, the directorDirector may allow other yardsside and rear setbacks to be reduced
to zero under either of the following circumstances:
i.
(1) When there exists adequate recorded agreement, to the satisfaction of the City Attorney, running
with the land to maintain at least ten10 feet of separation between buildings on adjacent parcels and
the development will comply with solar access standards of General Plan Conservation and Open
Space Element Policy 4.5.1; or
ii.
(2) When the reduction is for either a minor addition to an existing legal structure whichthat is
nonconforming with regard to yard side and rear setback requirements or for a detached single-story
accessory structure;, provided, that that all such minor additions and new accessory structures shall
comply with applicable provisions of Title 15, Building and Construction (see also Chapter 17.14,
Nonconforming Structures) and the directorDirector makes the following findings:
(a) In the case of a minor addition, that the minor addition is a logical extension of the existing
nonconforming structure;
(a) • In the case of a minor addition, that the minor addition is a logical extension of the existing
nonconforming structure;
•
(b) In the case of a detached single-story accessory structure, (either new or replacing a previously
approved nonconforming structure), that the accessory structure is consistent with the traditional
development pattern of the neighborhood and will have a greater front and/or street yardside
setback than the main structure;
•
(c) That adjacent affected properties will not be deprived of reasonable solar exposure, and the
development will comply with solar access standards of General Plan Conservation and Open
Space Element Policy 4.5.1;
•
(d) That no useful purpose would be realized by requiring the full yardsetback;
•
(e) That no significant fire protection, emergency access, privacy, or security impacts are likely from
the addition; and
•
(f) That it is impractical to obtain a ten10-foot separation easement pursuant to in compliance with
subsection (E)(2)(d)(ia) of this sectionsubsection, above.
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All such minor additionsSide and new accessory structures shall comply with applicable provisions of Title 15,
Building and Construction (see also Chapter 17.14, Nonconforming Structures).
e. e. Other YardRear Setback Building Height Exceptions. Upon approval of a use permitDirector’s
Action, the directorDirector may allow exceptions to the standards provided in Tables 3, 4, Table 3-X
(Minimum Side and Rear Setbacks in R-1 and 5 of subsection (R-2 Zones), Table 3-X (Minimum Side
and Rear Setbacks in R-3, R-4, O, and C)(2) of this section.-N Zones), and Table 3-X (Minimum Side
and Rear Setbacks in C/OS, PF, C-C, C-D, C-R, C-T, C-S, M, and BP Zones) of subsection XX.XXX.XX.B
(Interior and Rear Setbacks). Such exceptions may be granted in any of the following and similar
circumstances, but in no case shall exceptions be granted for less than the minimum yardsetback
required:
i.
(1) When the property that will be shaded by the excepted development will not be developed or will not
be deprived of reasonable solar exposure, considering its topography and zoning;
ii.
(2) When the exception is of a minor nature, involving an insignificant portion of total available solar
exposure;
iii.
(3) When the properties at issue are within an area where use of solar energy is generally infeasible
because of landform shading;
iv.
(4) When adequate recorded agreement running with the land exists to protect established solar
collectors and probable collector locations;
v.
(5) When the property to be shaded is a street;
vi.
(6) Where no significant fire protection, emergency access, privacy or security impacts are likely to result
from the exception.
vii.
(7) The development will comply with solar access standards of General Plan Conservation and Open
Space Element Policy 4.5.1.
Any other exception to the height limits requires approval of a variance as provided in Chapter 17.60. For
height limits of signs, see Chapter 15.40, Sign Regulations.
17.70.180 – Showers, Lockers, and Changing Rooms
A. Purpose. The purpose of this Section is to encourage bicycling, transit use, walking, carpooling, and other modes
of transportation (other than by motor vehicle) that can move the City toward achieving modal split goals in the
General Plan Circulation Element.
B. Application. New nonresidential developments of 10,000 square feet or larger and nonresidential buildings that
expand the floor area by 10 percent or more and exceed 10,000 square feet shall provide shower and clothes
locker facilities in compliance with the standards of this Section.
C. Standards.
1. Shower and Dressing Areas. A minimum of one shower facility shall be provided in new nonresidential
developments with a gross floor area between 10,000 and 24,999 square feet, two showers in projects
between 25,000 square feet and 124,999 square feet, and four showers for any project over 125,000 square
feet. Dressing areas and lockers shall be provided in close proximity to shower facilities.
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2. Floor Area Exemption. Floor area dedicated to showers, dressing areas, and clothes lockers shall not be
included in the floor area for calculating the parking requirement or for total floor area for the project.
3. Tenant Improvements. Required showers, lockers, and changing areas shall not be removed during tenant
improvements or through subsequent remodeling without the approval of the Director.
D. Alternative Compliance. Alternative compliance, as established in this subsection, may be applied to all land use
classifications.
1. Upon written request by the applicant, the Director may approve alternative compliance from the provisions
of this Section through an approved Director’s Action, which may include, but is not limited to, a reduction or
deviation in the number, type, or location of the required bicycle parking, and may include a waiver of the
requirement.
2. Considerations used in the determination may include, but are not limited to:
a. Physical site planning constraints
b. For height limits of signs, see Chapter 15.40, Sign Regulations.
(Ord. 1591 §§ 22, 23, 2013; Ord. 1579 § 3, 2012; Ord. 1571 §§ 5, 6, 7, 2012; Ord. 1553 §§ 9—11, 2010; Ord.
1528 § 3 Ex. A (part), 2009; Ord. 1500 § 3 (part), 2007; Ord. 1437 §§ 1, 3, 2003; Ord. 1365 § 3 (part), 2000;
Ord. 1277 § 6, 1995; Ord. 1265 § 2 Ex. A, 1994; Ord. 1302 § 2, 1996)
Projects that cannot be classified into the provided land use categories
c. Provision of enhanced shower facilities within the development or use
d. Inclusion of the site within a larger development for which adequate showers, dressing areas, and clothes
lockers are already provided
e. Projects that exhibit unusual operational characteristics associated with a particular use.
f. Unforeseen circumstances or individual land use changes
17.70.190 – 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 or side yardsetback area nor in any part of a front yard
visible from a public street.
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 yardsetback area or that portion of side yardsetback 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 ten10 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.
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17.70.200 – Trash Enclosure Standards
A. Purpose and Applicability. This Chapter establishes standards for the location, development, and operations of
trash enclosures to ensure that the storage of trash, green waste, and recyclable materials do not have significant
adverse health consequences and do minimize adverse impacts on surrounding properties.
B. . (Ord. 1346 § When Required. All new and expanded commercial and industrial projects with a floor area
exceeding 500 square feet, all intensifications of commercial and industrial uses, all new multi-unit residential
projects located in any zone, and all new mixed-use projects shall be required to provide and maintain at least one
trash enclosure. Trash enclosures may be located indoors or outdoors to meet the requirements of this Section.
C. Location.
1. Residential. Outdoor trash enclosures required under this Section for residential projects shall not be located
within any required front or street side yard.
2. General. No outdoor trash enclosures shall be located within any public right-of-way, or in any location where
it would obstruct pedestrian walkways, vehicular ingress and egress, reduce motor vehicle sightline, or in any
way create a hazard to health and safety.
D. Maintenance. Outdoor trash enclosures required shall be maintained in the following manner:
1. There shall be the prompt removal of visible signs of overflow of garbage, smells emanating from enclosure,
graffiti, pests, and vermin.
2. Trash enclosure covers shall be closed when not in use.
3 (part), 1999). Trash enclosures shall be easily accessible for garbage and recyclables collection.
4. Trash enclosures shall be regularly emptied of garbage.
E. Design of Enclosure Area.
1. Each trash enclosure shall be of a material and colors that complement the architecture of the buildings they
serve or shall have exterior landscape planting that screens the walls.
2. The interior dimensions of the trash and recyclables enclosure shall provide convenient and secure access to
the containers to prevent access by unauthorized persons and minimize scavenging, while allowing
authorized persons access for disposal and collection of materials.
3.
All outdoor trash enclosures shall have full roofs to reduce storm water pollution and to screen unsightly views.
The design of the roof and the materials used shall be compatible with the onsite architecture, with adequate
height clearance to enable ready access to any containers.
4. Designs, materials, or methods of installation not specifically prescribed by this Section may be approved by
Director, subject to Director’s Action. In approving such a request, the Director shall find that the proposed
design, material, or method provides approximate equivalence to the specific requirements of this Section or
is otherwise satisfactory and complies with the intent of these provisions.
17.70.210 – Vision Clearance Triangle atAt Intersections
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17.16.020 Yards (Section E.2.f)
f.
A. Intersection Visibility. At theroadway intersections not controlled by a stop sign or traffic signal, no plant,
structure, or other solid object over three feet high whichthat would obstruct visibility may be located within the
area indicated in Figure 4.3-13: Intersection Visibility. At controlled intersections, the city engineer mayDirector
shall determine visibility requirements for proper sight distance. (Note: Yard requirements may also be modified
by variance, Chapter 17.60; planned development, Chapter 17.62; specific plan, Chapter 17.52; or special
consideration zone, Chapter 17.56.)
Figure 43-13: Intersection Visibility
17.70.220 – Water-Efficient Landscape Standards
Chapter 17.87
WATER-EFFICIENT LANDSCAPE STANDARDS
Sections:
17.87.010 Definitions.
17.87.020
A. Applicability.
17.87.030 Submittal requirements.
17.87.040 Implementation procedures.
Prior legislation: Ord. 1209.
17.87.010 Definitions.
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The following definitions are applicable within this chapter:
A. “Certificate of completion” means the document required under Section 17.87.040(C)(1).
B. “Common interest developments” means community apartment projects, condominium projects, planned
developments, and stock cooperatives per Civil Code Section 1351.
C. “Ecological restoration project” means a project where the site is intentionally altered to establish a defined,
indigenous, historic ecosystem.
D. “Estimated total water use” (ETWU) means the total water used for the landscape.
E. “Homeowner-provided landscaping” means any landscaping either installed by a private individual for a single-
family residence or installed by a licensed contractor hired by a homeowner. A homeowner, for purposes of this
chapter, is a person who occupies the dwelling he or she owns. This excludes speculative homes, which are not
owner-occupied dwellings.
F. “Hydrozone” means a portion of the landscaped area having plants with similar water needs that are served by a
valve or set of valves with the same irrigation schedule.
G. “Irrigation efficiency” means the measurement of the amount of water beneficially used, which is the amount of
water stored in the root zone, divided by the amount of water applied. Irrigation efficiency is derived from
measurements and estimates of irrigation system characteristics and management practices.
H. “Maximum applied water allowance” (MAWA) means the upper limit of annual applied water for the established
landscaped area in Section 17.87.020. It is based upon the area’s reference evapotranspiration, the ET adjustment
factor, and the size of the landscaped area. The estimated total water use shall not exceed the maximum applied
water allowance. Special landscape areas, including recreation areas, areas permanently and solely dedicated to
edible plants such as orchards and vegetable gardens, and areas irrigated with recycled water are subject to the
MAWA with an ETAF not to exceed 1.0.
I. “Project applicant” means the individual or entity submitting a landscape and irrigation plan required under this
chapter. A project applicant may be the property owner or his or her designee.
J. “Rehabilitated landscape” means any relandscaping project that requires a building permit or design review where
the modified landscape area is equal to or greater than two thousand five hundred square feet. (Ord. 1547 § 2
(part), 2010)
17.87.020 Applicability.
A. 1. The provisions of this chapterChapter shall apply to the following landscape projects:
a. 1. New residential, commercial, institutional, and multifamilymulti-unit residential development projects
with an aggregate landscape area equal to or greater than five hundred500 square feet subject to a
building permit, plan check, or development reviewDevelopment Review.
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b. 2. Rehabilitated landscapes for residential, institutional, commercial, and multifamilymulti-unit residential
development projects with a landscape area equal to or greater than two thousand five hundred2,500
square feet which are otherwise subject to a building permit or development reviewDevelopment Review.
2.
3. Homeowners associations and common interest developments’ architectural guidelines (i.e., CC&Rs) shall not
prohibit or include conditions that have the effect of prohibiting the use of low water-using plants as a group.
FurtherFurthermore, the guidelines shall not prohibit the removal of turf, nor restrict or prohibit the reduction
of turf in lieu of more water-efficient alternatives (California Civil Code Section 1353.8).
3.
B. This chapter does Chapter shall not apply to:
a. 1. Registered local, stateState or federalFederal historical sites;
b. 2. Ecological restoration projects that do not require a permanent irrigation system; or
c. 3. Plant collections, as that are part of botanical gardens and arboretums open to the public.
4. Words or phrases used in this Section shall be interpreted so as to give them the meaning they have in
common usage and to give this Section its most reasonable application, and as defined in Chapter XX
(General Definitions) under “Water-Efficient Landscape Standards.”
B. C. Projects that fall under the applicable thresholds cited shall submit the following:
1. Landscape design plan which meets the maximum applied water allowance calculation and design
criteria in the city engineering standards uniform design criteria for landscaping and irrigation.
2. Irrigation design plan which meets the design criteria in the city engineering standards uniform design
criteria for landscaping and irrigation. (Ord. 1626 § 1, 2015; Ord. 1547 § 2 (part), 2010)
17.87.030 Submittal requirements.Requirements.
A.
1. Landscape Design Plan. For the efficient use of water, a landscape shall be designed and planned for the
intended function of the project. For each landscape project subject to this chapterChapter, applicants shall
submit a landscape design plan as describedthat meets the maximum applied water allowance calculation
(defined in the city engineering standards uniformSection 17.xx.064: M Definitions) and design criteria in the
City Engineering Standards Uniform Design Criteria for landscaping and irrigation.
B. 2. Irrigation Design Plan. The irrigation system and its related components shall be planned and
designed to allow for proper installation, management, and maintenance. For each landscape project subject
to this chapterChapter, applicants shall submit an irrigation design plan that is designed and installed to meet
design and irrigation efficiency criteria as described in the city engineering standards uniform design
criteriaCity Engineering Standards Uniform Design Criteria for landscaping and irrigation.
C. 3. Soils Management Report. In order toTo reduce runoff and encourage healthy plant growth, soil
amendment, mulching, and soil conditioning recommendations shall be prepared by a licensed landscape
architect, licensed landscape contractor, licensed civil engineer, or licensed architect as described in the city
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engineering standards uniform design criteriaCity Engineering Standards Uniform Design Criteria for
landscaping and irrigation.
D. 4. Grading Design Plan. For the efficient use of water, grading of a project site shall be designed to
minimize soil erosion, runoff, and water waste as described in the city engineering standards uniform design
criteriaCity Engineering Standards Uniform Design Criteria for landscaping and irrigation.
E. 5. Stormwater Management. Stormwater best management practices minimize runoff and increase
infiltration, which recharges groundwater and improves water quality. Implementing stormwaterStormwater
best management practices intoshall be implemented within the landscape and grading design plans to
minimize runoff and to increase on-site retention and infiltration are required.. Project applicants shall refer to
Chapter 12.08 and the city engineering standardsCity Engineering Standards for stormwater quality
requirements. (Ord. 1547 § 2 (part), 2010)
C. MAWA calculation. Based upon the area’s reference evapotranspiration, the ET adjustment factor, and the size
of the landscaped area. The estimated total water use shall not exceed the maximum applied water allowance
(MAWA). Special landscape areas, including recreation areas, areas permanently and solely dedicated to edible
plants such as orchards and vegetable gardens, and areas irrigated with recycled water are subject to the MAWA
with an ETAF not to exceed 1.0.
17.87.040D. Implementation proceduresProcedures.
A. 1. Development Review Application. For projects that require development review (tentative parcel
map, tentative tract, development plan or conditional use permit),Development Review, project applicants
shall submit the following documentation:
a. 1. A completed maximum applied water allowance for the conceptual landscape design.
b. 2. A conceptual landscape design plan whichthat demonstrates that the landscape will meet the
landscape design specifications of the city engineering standards uniform design criteriaCity Engineering
Standards Uniform Design Criteria for landscaping and irrigation.
c. 3. A conceptual irrigation design plan which notesthat describes the irrigation methods and design actions
that will be employed to meet the irrigation specifications of the city engineering standards uniform design
criteriaCity Engineering Standards Uniform Design Criteria for landscaping and irrigation.
d. 4. A grading plan whichthat demonstrates the landscape will meet the specifications of the city
engineering standards uniform design criteriaCity Engineering Standards Uniform Design Criteria for
landscaping and irrigation.
B. 2. Building Application. Prior to the issuance of a building permit, project applicants shall submit the
following:
a. 1. A completed maximum applied water allowance form (including appendices, city engineering standards
and City Engineering Standards) based on the final landscape design plan.
b. 2. A final landscape design plan that includes all the criteria required in the city engineering standards
uniform design criteriaCity Engineering Standards Uniform Design Criteria for landscaping and irrigation.
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c. 3. A final irrigation plan that includes all the criteria required in the city engineering standards uniform
design criteriaCity Engineering Standards Uniform Design Criteria for landscaping and irrigation.
d. 4. A soils management report that includes at a minimum the criteria required in the city engineering
standards uniform design criteriaCity Engineering Standards Uniform Design Criteria for landscaping and
irrigation.
e. 5. A final grading plan that includes all the criteria required in the city engineering standards uniform
design criteriaCity Engineering Standards Uniform Design Criteria for landscaping and irrigation.
6. A hydrozone table (appendices, city engineering standards).
C.
3. Project Completion. Upon completion of the installation of the landscape and irrigation system and prior to
the issuance of the certificate of occupancy, the project applicant shall submit the following:
a. 1. A certification of completion (including appendices, city engineering standards and City Engineering
Standards) signed by the professional of record for the landscape and irrigation design certifying that the
project was installed perin compliance with the cityCity-approved landscape design, irrigation and grading
plans and meets or exceeds an average landscape irrigation efficiency of 0.71. The cityCity reserves the
right to inspect and audit any irrigation system whichthat has received an approval through the provisions
of this chapterChapter.
b. 2. AThe project applicant shall develop and provide to the owner or owner representative and the cityCity
an irrigation schedule that assists in the water management of the project and utilizes the minimum
amount of water required to maintain plant health. Irrigation schedules shall meet the criteria in the city
engineering standards uniform design criteriaCity Engineering Standards Uniform Design Criteria for
landscaping and irrigation.
c. 3. A regular maintenance schedule shall be submitted by the project applicant with the certificate of
completion that includes: routine inspections, adjustment and repairs to the irrigation system, aerating
and dethatching turf areas, replenishing mulch, fertilizing, pruning, and weeding. The maintenance
schedule will be provided to the owner or owner representative. (Ord. 1547 § 2 (part), 2010)
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CHAPTER 17.72. PARKING ANDAND LOADING
17.16.060 Parking space requirements72.010 – Purpose and Application.
A. Intent. This section is intended Purpose. The purposes of this Chapter are to ensure provision of :
1. Ensure that adequate off-street parking is provided for new land uses and major alterations to existing uses,
considering the demands likely to result from various uses, combinations of uses, and settings. It is, and to
avoid the city’s intent, where negative impacts associated with spillover parking into adjacent neighborhoods
and districts;
2. Minimize the negative environmental and urban design impacts that can result from parking lots, driveways,
and drive aisles within parking lots;
3. Offer flexible means of minimizing the amount of area devoted to vehicle parking by allowing reductions in the
number of required spaces in transit-served locations, shared parking facilities, and other situations expected
to have lower vehicle parking demand;
4. Where possible, to consolidate parking and to minimize the area devoted exclusively to parking and
drivesdriveways when typical demands may be satisfied more efficiently by shared facilities.;
B. Shared Parking Reduction. Where two or more uses share common Ensure that parking and loading areas, the
total number of parking spaces required may be reduced by up to ten percent, with approval of an administrative
use permit. Where shared parking is located on more than one parcel, affected parties must record an agreement
governing the shared parking, to the satisfaction of the director.
C. Mixed-Use Parking Reduction. By approving an administrative use permit, the director may reduce the parking
requirement for projects sharing parking by up to twenty percent, in addition to the shared parking reduction, for a
total maximum parking reduction of thirty percent, upon finding that the times of maximum parking demand from
various uses will not coincide.
D. are designed to operate efficientlyMechanical Parking Lifts. In commercial zones and multifamily developments,
by approving an administrative use permit, mechanical parking lifts may be used to satisfy all or a portion of vehicle
parking requirements. Additional surface parking up to twenty-five percent of the required minimum amount of
spaces may be required for lift systems unable to accommodate a range of vehicles including trucks, vans, SUVs,
or large sedans. Application submittals shall include any information deemed necessary by the director to
determine parking can adequately and feasibly be providedeffectively and that the following performance
standards can be met and the following findings for approval can be made:
1. The use of mechanical lift parking results in superior design and implementation of city goals and policies
for infill development.
2. In existing developments and established neighborhoods, mechanical lift parking will be adequately
screened andin a manner compatible with the character of on-site and surrounding development; and, in
new developments, mechanical lift parking shall comply with community design guidelines and be
compatible and appropriately considered with overall building and site design.
3. Mechanical lift parking systems shall comply with all development standards including but not limited to
height and setback requirements, and parking and driveway standards with the exception of minimum
parking stall sizes which are established by lift specifications.
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4. There exists land uses; Ensure that adequate agreement running with the land that mechanical parking
systems will be safely operated and maintained in continual operation with the exception of limited periods
of maintenance.
5. There are no circumstances of the site or development, or particular model or type of mechanical lift
system, which could result in significant impacts to those living or working on the site or in the vicinity.
5. E. Automobile Trip Reduction. By approving an administrative use permit, the director may reduce the parking
requirement for projects implementing non-auto travel, particularly for commuting, when it can be
demonstrated that reduction of on-site parking will be safe, and will not be detrimental to the surrounding area
or cause a decline in quality of life. The applicant shall provide reasonable justification for the reduction,
including innovative project design, transportation demand management (TDM), or incentives, which will
reduce single-occupant vehicle travel to and from the site. These may include, but are not limited to, programs
such as carsharing, employer-paid transit passes, cashouts (i.e., trip reduction incentive plans), or off-peak
work hours.street bicycle parking facilities are provided;
F. Off-Site Parking. The director may, by approving an administrative use permit, allow some or all of the required
parking to be located on a site different from the use. Such off-site parking shall be within a zone where the use is
allowed or conditionally allowed, or within an office, commercial or manufacturing zone. It shall be within three
hundred feet of the use and shall not be separated from the use by any feature that would make pedestrian access
inconvenient or hazardous. The site on which the parking is located shall be owned, leased or otherwise controlled
by the party controlling the use.
G. Bicycle and Motorcycle Spaces. Each use or development which requires ten or more spaces shall provide
facilities for parking bicycles and motorcycles as follows:
1. Motorcycle Spaces. Parking for motorcycles shall be provided at the rate of one space for each twenty
car spaces. Projects that provide more motorcycle spaces than required may reduce the required car
spaces at the rate of one car space for each five motorcycle spaces, up to a ten percent reduction,
subject to the approval of the community development director.
2. Bicycle Spaces. Parking for bicycles shall be provided in accordance with Table 6.5. All bicycle spaces
shall be located at the ground floor level. Additional city standards and guidelines for bicycle parking can
be found in the city’s engineering standards, community design guidelines, and bicycle transportation
plan. Projects which provide more bicycle and/or motorcycle spaces than required may reduce the
required car spaces at the rate of one car space for each five bicycle spaces, up to a ten percent
reduction, subject to the approval of the community development director. All bicycle parking that exceeds
the required number of spaces shall be apportioned between short-term and long-term bicycle spaces as
stipulated by Table 6.5. Any additional bicycle parking provided for residential uses shall be covered.
H. Downtown Core. Within the downtown-commercial (C-D) zone, the following parking standards and incentives shall
apply:
1. Parking space reductions noted in subsections B through F of this section shall not be applicable in the C-
D zone, as the reduced parking rates established herein are intended to provide flexibility in meeting
parking requirements and rely on the consolidation of parking.
2. Restaurants, sandwich shops, take-out food, bars, taverns, night clubs, other food service or
entertainment establishments, theaters, auditoriums, convention halls, and churches: One-half that
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required in Table 6; provided, however, that in no case the requirement shall exceed one space per three
hundred fifty square feet gross floor area.
3. Dwellings, motels, hotels and bed and breakfast inns: One-half that required in Table 6. In order to
support and encourage residential uses in the C-D zone, additional options for meeting parking
requirements for residential uses are available as listed in subsection (H)(7) of this section.
4. All other uses: One space per five hundred square feet gross floor area.
5. In determining the total number of required spaces, all fractions shall be rounded to the nearest whole
number. Fractions of one-half or greater shall be rounded to one; fractions less than one-half shall be
rounded to zero.
1. 6. For existing buildings, only the parking needed for additions thereto or for changes in occupancy which
increase parking requirement relative to prior uses shall be required.
7. The parking space requirement may be met by:
a. Providing the required spaces on the site occupied by the use.
b. The director may, by approving an administrative use permit, allow some or all of the parking to be located on a site
different from the use. Such off-site parking shall not be within a residential zone. It shall be within reasonable
walking distance and no greater than five hundred feet of the use and shall not be separated from the use by any
feature that would make pedestrian access inconvenient or hazardous. The site on which the parking is located
shall be owned, leased or otherwise controlled by the party controlling the use.
a. c. Participating in a commonly held and maintained off-site parking lot where other businesses maintain
their required spaces.
a. d. Participating in a parking district that provides parking spaces through a fee or assessment program.
e. Participating in an in-lieu fee program as may be established by the city council. Any parking
agreement approved prior to adoption of the parking standards contained in subsections (H)(1)
through (3) of this section may be adjusted to conform with those standards, subject to approval
by the community development director and city attorney.
f. In order to facilitate housing development in the downtown, the director may reduce the parking
requirement for any residential element of a project in the C-D zone by ten percent or one space,
whichever is greater. In allowing this reduction, the director may require a vehicle trip reduction
plan be submitted for approval and such other conditions deemed necessary to reduce parking
demand. Requests for parking reductions greater than ten percent shall be reviewed by the
planning commission and shall require a use permit. In granting such additional reduction, the
commission must find that the increased demand for parking in the downtown resulting from the
project is not significant due to such considerations as the project’s design, location, size or other
features. The commission may require a trip reduction plan and other conditions deemed
necessary to reduce parking demand.
6. I. Promote parking lot designs that offer safe and attractive pedestrian routes;
7. Encourage bicycling, transit use, walking, carpooling, and other modes of transportation (other than by motor
vehicle) that can move the City toward achieving modal split goals in the General Plan Circulation Element;
and
8. Accommodate and encourage increased use of alternative fuel and zero-emissions vehicles.
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B. Applicability. The minimum off-street parking spaces established in this Section shall be provided for new
construction or intensification of use, and for the enlargement or increased capacity and use of land.
17.72.020 – General Provisions.
A. Requirements by Type of Use. Except as otherwise provided in these regulationsZoning Regulations, for
every structure erected or enlarged and for any land or structure devoted to a new use requiring more spaces
according to the schedule set out in this sectionChapter, the indicated minimum number of off-street parking
spaces located on the site of the use shall be provided.
The right to occupy and use any premises shall be contingent on preserving the required parking and maintaining its
availability to the intended users, including residents, staff, and/or customers. In no case mayshall required parking
spaces for a use be rented or leased to off-site uses or used for other purposes, unless allowed by subsection D
(Unbundling Parking) of this Section.
Parking, in addition to these requirements Additional parking or alternative parking development standards, may be
required as a condition of use permit approval.
J. B. Uses Not Listed. The directorDirector shall determine the parking requirement for uses whichthat are not
listed. His/her in Table 3-X: Parking Requirements by Use. The Director’s determination shall be based on similarity
to listed uses, and ; that decision may be appealed to the planning commissionPlanning Commission.
K. C. Parking Calculations.
1. 1Floor Area. The parking requirement is calculation shall be based on the gross floor area of the entire use,
unless stated otherwise.
2. 2. WhenSites with Multiple Uses. If more than one use is located on a site (including a mix of uses or a
mixed-use development), the calculationnumber of required on-site parking results in a fractional number, it
spaces and loading spaces shall be roundedequal to the next highest wholesum of the requirements
calculated separately for each use unless a reduction is approved pursuant to Section 17.XX.XX (Parking
Reductions).
D. Unbundling Parking. This section authorizes the separating, or “unbundling”, of parking areas from the use or
uses the parking is intended to serve by leasing those spaces separately from such residential unit or
nonresidential use. The purpose of allowing for unbundled parking is to move toward the City’s goal of encouraging
travel mode shift away from single-user private motor vehicles.
1. Residential Uses. Residential projects may unbundle the parking from the residential uses with approval of
a Director’s Action (see Section 17.XX.XXX [Director’s Action]), and the following rules shall apply to the sale
or rental of on-site parking spaces unless waived by the Director as infeasible:
a. All off-street parking spaces shall be leased or sold separately from the rental or purchase fees for
dwelling units for the life of the dwelling units, such that potential renters or buyers have the option of
renting or buying a residential unit at a price lower than would be the case if there were a single price for
both the residential unit and the parking space.
b. Renters or buyers of on-site inclusionary affordable units shall have an equal opportunity to rent or buy a
parking space on the same terms and conditions as offered to renters or buyers of other dwelling units.
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2. Nonresidential Uses. Nonresidential projects may unbundle the parking from nonresidential use with
approval of a Director’s Action (see Section 17.XX.XXX [Director’s Action]), and the following rule shall
apply to the sale or rental of on-site parking spaces unless waived by the Director as infeasible: All off-street
parking spaces shall be leased or sold separately from the rental or purchase fees for each nonresidential
space for the life of the space, such that potential tenants or buyers have the option of renting or buying the
nonresidential square footage at a price lower than would be the case if there were a single price for both
the floor area and the parking space.
17.72.030 – Required Parking Spaces
A. Minimum Number of Spaces Required Outside of Downtown Core. Each land use shall be provide at least
the number if the fraction is of on-site parking spaces stated in this Section and Table 3-4: Parking Requirements
by Use.
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Table 3-4: Parking Requirements by Use
INSERT Table 3-4: Parking Requirements by Use (TABLE 6 REPLACEMENT)
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AGRICULTURE
No requirement
Animal Husbandry and Grazing No requirement
No spaces required when on-street parking is available immediately adjacent to the garden. If no on-street
parking is available, then a minimum of two spaces.
No requirement
No requirement
As provided in approved use permit.
INDUSTRY, MANUFACTURING & PROCESSING, WHOLESALING
Same as Manufacturing – Light
Fuel Dealer (propane, etc.)One per 500 square feet indoor sales/storage area plus one space per 2,000 square feet outdoor sales/storage
area 1 space per 1,000 sf of outdoor sales/storage area
Same as Manufacturing – Light
1 space per 1,000 sf
One space per 300 square feet gross floor area 1 space per 1,000 sf of combined laboratory and office space
One space per 500 square feet gross floor area
One space per 500 square feet gross floor area 1 space per 1,000 sf of manufacturing space, plus any required
spaces for dedicated office area
One space per 300 square feet accessory office area plus one space per 300 square feet to 500 square feet
manufacturing floor area, to be determined by Director according to employment characteristics of each use,
plus one per 1,500 square feet outdoor manufacturing area 1 space per 1,000 sf, plus any required spaces for
dedicated office area
One space per 300 square feet office area plus one space per 500 square feet indoor storage area plus one
space per 2,000 square feet outdoor storage area
One space per 300 square feet gross floor area
One space per 300 square feet gross floor area
Recycling - Small Collection Facility None required
Recycling - Collection and Processing Facility As provided in approved use permit
One space per 300 square feet office or laboratory area, plus one space per 500 square feet indoor assembly
or fabrication area, plus one space per 1,500 square feet outdoor work area or indoor warehouse area 1 space
per 1,000 sf of combined assembly/fabrication space (indoor and outdoor) and office space
One space per 500 square feet of gross floor area plus one space per 10,000 square feet outdoor storage area,
but in no case less than 4 spaces1 space per 500 sf of office space, plus 1 space per 0.5 acre of gross outdoor
use area
Warehousing, Storage, and Distribution
Storage Yard Outdoor Storage One space per 2,000 square feet gross floor area1 space per 1,500 sf of outdoor storage area
Storage - Personal Storage facility
One space per 300 square feet office area and common indoor facilities and one space for every five storage
units that do not have direct drive-up vehicle access 1 space per 6,000 sf of combined storage space and
business/sales office
Warehousing and Indoor Storage One space per 300 square feet office area plus one space per 1,500 square feet indoor storage area 1 space
per 1,500 sf of combined storage area and office space
Wholesaling and distribution
One space per 300 square feet office area plus one space per 1,000 square feet indoor sales/storage area, plus
one space per 2,000 square feet outdoor sales area 1 space per 1,000 sf of combined storage area and office
space
Food bank/packaged food distribution center One space per 300 square feet of office plus one space per 1,500 square feet of indoor storage
Table 3.4 - Parking Requirements by Use
Number of Off-Street Parking Spaces Required
Greenhouse/Plant Nursery, Commercial
Livestock feed lot
Laundry, dry cleaning plant
Manufacturing - Heavy
Manufacturing - Light
Petroleum product storage and distribution
Photo and film processing lab
Printing and publishing
Bakery, wholesale
Furniture and fixtures manufacturing, cabinet shop
Handicraft Manufacturing
Laboratory - Medical, Analytical, Research, Testing
Type of Land Use
LODGING
Industrial rResearch and development
Recycling facilities - Scrap and dismantling yardSalvage and Wrecking
Recycling
Community Garden
Crop production
Agricultural Accessory Structure
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Table 3.4 - Parking Requirements by Use
Number of Off-Street Parking Spaces RequiredType of Land Use
One per room or group of rooms to be occupied as a suite, plus two for resident manager’s quarters 1 space per
room
Two 2 spaces for the facility plus one space for each six occupants at maximum allowed occupancy
One space per five beds, plus one for manager. When the hostel is part of a residence: one space per five beds
in addition to two spaces for the residence 1 space per lodging room
One per room or group of rooms to be occupied as a suite, plus one for resident manager’s quarters, plus
eating/assembly area requirements 1 space per room, plus any spaces required for conference/meeting
facilities and dining facilities
As provided in approved use permit
Club, lodge, private meeting hall One space per 300 square feet office area plus one space per four fixed seats or one space per 40 square feet
seating area without fixed seats, in the largest assembly room
Library, museumCultural Institutions One space per 500 square feet storage/display area plus government office and meeting room
requirementsLive Theater: 1 space per 100 sf; all other uses 1 space per 400 sf of public assembly area
Library, branch facility As provided in approved use permit
Clinic, laboratory, urgent care Medical, dental, and other health services: one per 200 square feet gross floor area1 space per 200 sf
Hospital One1 space per bed
Medical service - Extended care One space per four beds (adult): one space per five juvenile occupants
Convalescent hospital Same as Medical service – Extended care
Park, playgroundPark and Recreation Facilities One space per 500 square feet4 spaces per acre of park space and 1 space per 200 sf indoor recreational
facilities
Public Assembly Facilities One space per four fixed seats or one space per 40 square feet of assembly area without fixed seats 1 space
per 100 sf
Religious Assembly Facilities One space per four fixed seats (one space per 40 square feet seating area without fixed seats) in largest
assembly room 1 space per 100 sf
As provided in approved use permit
Schools - Colleges, university campus As provided in approved use permit 2 spaces per classroom plus 1 space per 300 sf of assembly or common
area
One space per 50 square feet per classroom floor area
Schools - Primary and Middle elementary, middle As provided in approved use permit 2 spaces per classroom plus 1 space per 300 sf of assembly or common
area
Secondary, High School 5 spaces per classroom plus 1 space per 300 sf of assembly or common area
Schools - Specialized Education/TrainingSchools - Trade Schools One space per 50 square feet per classroom floor area2 spaces per classroom plus 1 space per 300 sf of
assembly or common area
Special Event One space per 500 square feet or as provided in approved use permit
Sports and active recreation facility One space per 100 square feet of play surface
Sports and entertainment assembly facility As provided in approved use permit
Homeless shelter
Hostel
Bed and Breakfast Inn
Hotels and Motels
Recreational vehicle (RV) park accessory to hotel, motelRV Parks
Hospitals and Clinics
School - Boarding school, elementary, middle, secondary
PUBLIC AND ASSEMBLY USES
School - College, university - Satellite classroom facility
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Table 3.4 - Parking Requirements by Use
Number of Off-Street Parking Spaces RequiredType of Land Use
General Residential Housing Types
Single-Unit Dwellings, Detached Two spaces per dwelling. In the R-1 and C/OS zones, one space must be covered 0.75 space per bedroom (no
requirement for Accessory Dwelling Units), plus 1 guest parking space per 5 units in a tract development.
Multi-family-Unit Residential dwellings
One per studio apartment; 1.5 for first bedroom plus 0.5 for each additional bedroom in a unit, plus one for each
five units in developments of more than five units. Also see parking reduction paragraphs under Section
17.16.060 0.75 space per bedroom (no less than 1 space per dwelling unit), plus 1
guest parking space per 5 units
Boarding/rooming House, dormitory One 1 space per 1.5 occupants or 1.5 spaces per bedroom, whichever is greater
Caretaker quarters Two spaces per dwelling
Continuing Care Community Same as dwelling type, plus 1 space for every two employees providing on-site services to residents
Convents and Monastaries One space per five occupants
Elderly and Long-Term Care Same as dwelling type, plus 1 space for every two employees providing on-site services to residents
Daycare - Family Day Care Home (Small and Large)
Small family day care – same as for “Dwellings.” Large family day care – One space plus required residential
parking Same as dwelling type, plus 1 space for every two employees providing on-site services to residents, as
applicable
Fraternities and Sororities One 1 space per 1.5 occupants or 1.5 spaces per bedroom, whichever is greater
Residential Hospice In-Patient Facility Same as Rest home Same as dwelling type, plus 1 space for every two employees providing on-site services to
residents
High-occupancy residential use The parking requirement shall be greater of: (1) the number of spaces required for dwellings, or (2) one 1 off-
street parking space per adult occupant, less one 1
Live/work units Two spaces per unit
Mobile Home Park 1.5 1.25 spaces per unit: one space to be with each unit
Same as Rest home Same as dwelling type, plus 1 space for every two employees providing on-site services to
residents
Same as Rest home Same as dwelling type, plus 1 space for every two employees providing on-site services to
residents
Rest home One space per four beds (adult): one space per five juvenile occupants
Supportive and/or Transitional Housing, with On or Off-Site Services Same as dwelling type, plus 1 space for every two employees providing on-site services to residents
Work/live units Two spaces per unit
Mixed-use project Development Same as Multifamily dwellings As required for each separate use in the mixed-use development
Adult Entertainment Businesses As required for the primary type of use (for example, retail sales or assembly)
Animal Care, Sales and Services
Animal Boarding/Kennels 1 space per 1,000 sf of indoor area
Animal Grooming 1 space per 250 sf
Animal Retail Sales 1 space per 250 sf
Veterinary clinic/hospital, boardingServices, Large Animal One space per 500 square feet gross floor area 1 space per 500 sf of indoor area
Veterinary clinic/hospital, boardingServices, Small Animal, indoor One space per 300 square feet gross floor area 1 space per 300 sf of indoor area
One space per 300 square feet gross floor area
Bakery, retail One space per 200 square feet gross floor area
ATMs No requirement
Banks and Credit Unionsfinancial services One space per 300 square feet gross floor area 1 space per 300 sf
Residential Care Facilities - 7 or more residents
MIXED USES
COMMERCIAL USES
RESIDENTIAL USES
Veterinary clinic/hospital, boarding, small animal, outdoor
Residential Care Facilities - 6 or fewer residents
Banks and Financial Institutions
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Table 3.4 - Parking Requirements by Use
Number of Off-Street Parking Spaces RequiredType of Land Use
Check Cashing Shops/Payday Loans One space per 200 square feet gross floor area1 space per 300 sf
Business Support Services One space per 300 square feet gross floor area 1 space per 300 sf
Cemetery, mausoleum, columbarium One space per 500 square feet of building area 1 space per 4 acres
Commercial recreation facility - Outdoor One space per 500 square feet outdoor use area
Commercial Recreation facility - Indoor Large Scale One space per 300 square feet gross floor area 1 space per 200 sf of indoor space, 1 space per 500 sf of
outdoor space
Fitness/health facility Commercial Recreation - Small Scale 1 space per 200 sf of indoor space, 1 space per 500 sf of outdoor space
Day Care Center (child/adult)Two spaces plus one per 14 clients 1 space per 500 sf of indoor space
Bars, Nightclubs, and Taverns One space per 60 square feet of customer use area plus one space per 100 square feet of food preparation
area 1 space per 100 sf, including any food preparation/service and entertainment areas
Night club One space per 60 square feet floor or outdoor ground area for customer use, including seating and dancing
areas, plus one space per 100 square feet food preparation area
Outdoor BBQ/Grill, accessory to restaurant
Restaurant
One space per 60 square feet customer use area, including waiting, seating, counter service areas and dancing
areas, plus one space per 100 square feet food preparation, including counter space, pantry storage and
dishwashing areas. Walls, halls, restrooms and dead storage areas do not count as either customer use or food
preparation floor area 1 space per 100 sf of total restaurant area, including any food preparation/service area
Restaurant with late hour alcohol service Same as Restaurant
Wine tasting room - off site One space per 200 square feet gross floor area
Groceries, specialty foodsGeneral Market One space per 200 square feet gross floor area 1 space per 250 sf
Convenience Store Two spaces for employee parking, plus one space per 500 square feet of gross floor area and a minimum of five
bicycle parking spaces shall be provided per business 1 space per 250 sf
Produce Stand One 1 space per 300 square feet sf gross floor area
Liquor Store/Alcohol Sales One space per 200 square feet gross floor area 1 space per 250 sf
Catering service Food Preparation (no on-site sales or service)One space per 100 square feet food preparation area 1 space per 1,500 sf
Mortuary, Funeral Parlors and Internment Services One 1 space per four fixed seats or one space per 40 80 square feet sf assembly area, whichever is greater
Studio - Art, Dance, Martial Arts, Music, etc. Instructional Services One space per 200 square feet gross floor area 1 space per 200 sf
Maintenance and Repair Servicesservice, client site services One space per 300 square feet gross floor area 1 space per 600 sf, plus 1 space for each fleet vehicle
One space per 500 square feet gross floor area
Office - Accessory As required for principal use
Office - Business and serviceBusiness and Professional Offices One space per 300 square feet gross floor area1 space per 300 sf
Medical and Dental Offices service - Doctor office 1 space per 300 sf
Office - Government Offices: one per 300 square feet gross floor area. Meeting rooms: one per four fixed seats or one per 40 square
feet of seating area without fixed seats
Repair service - Equipment, large appliances, etc.
Offices
Food and Beverage Sales
Eating and Drinking Establishments
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Table 3.4 - Parking Requirements by Use
Number of Off-Street Parking Spaces RequiredType of Land Use
Office - Processing One space per 200 square feet gross floor area
Office - Production and administrative One space per 300 square feet gross floor area
Office - Professional Medical, dental and other health services: one per 200 square feet gross floor area. All others: one space per
300 square feet gross floor area
Personal Services One space per 200 square feet gross floor area 1 space per 300 sf
Residential Support Services
Building and landscape Materials salesand Services - Indoor One space per 300 square feet office area plus one space per 500 square feet indoor sales area plus one space
per 2,000 square feet warehouse area 1 space per 1,000 sf of indoor space
Building and landscape Materials salesand Services - Outdoor One space per 300 square feet office area plus one space per 500 square feet indoor sales area plus one space
per 2,000 square feet warehouse or outdoor sales area 1 space per 1,500 sf of outdoor space
Equipment rental One space per 300 square feet office area plus one per 500 square feet indoor display/storage plus one per
1,000 square feet outdoor display/storage
General retail - More than 2,000 sf, up to 15,000 sf One space per 300 square feet gross floor area
General retail - More than 15,000 sf, up to 45,000 sf One space per 300 square feet gross floor area
General retail - More than 45,000 sf, up to 60,000 sf A maximum of one space per 200 square feet gross floor area, with the exception for more spaces if structured
multilevel parking is used
Extended hour retail Same as specific type of retail
General Retail - 2,000 sf or less One space per 300 square feet gross floor area1 space per 250 sf
Large-Scale RetailGeneral retail - More than 60,000 sf, up to 140,000 sf A maximum of one space per 200 square feet gross floor area, with the exception for more spaces if structured
multilevel parking is used1 space per 250 sf
Farm supply and feed storeNurseries and Garden Centers One per 500 square feet indoor sales/storage area plus one space per 2,000 square feet outdoor sales/storage
area1 space per 500 sf of floor area, plus 1 space per 2,000 sf of outdoor display area
Furniture, furnishings, and appliance stores One space per 500 square feet gross floor area
Photographer, photographic studio One space per 200 square feet gross floor area
Warehouse stores - 45,000 sf or less gfa Minimum one space per 300 square feet gross floor area
Warehouse stores - more than 45,000 sf gfa A maximum of one space per 200 square feet gross floor area, with the exception for more spaces if structured
multilevel parking is used
Social service organization One space per 300 square feet gross floor area
One space per four seats 1 space per 100 sf
Theater - Drive-In No requirement
Office-supporting retail, 2,000 sf or less One space per 300 square feet gross floor area
One space per 300 square feet gross floor area
Auto and Vehicle Sales and Rental One 1 space per 300 square feet office area, plus one 1 space per 500 square feet parts sales service area,
plus one 1 space per 2,000 square feet outdoor sales area
Large Vehicle, Construction and Heavy Equipment Sales, Service, and Rental
One space per 300 square feet office area plus one space per 500 square feet parts sales service area plus one
space per 2,000 square feet outdoor sales area 1 space per 500 sf of floor area, plus 1 space per 2,000 outdoor
sales area
Mobile home, RV, and boat sales One space per 300 square feet office area plus one space per 500 square feet parts sales service area, plus
one space per 2,000 square feet outdoor sales area
Service/Fueling Stations (see also "vehicle services")One space for attendant booth plus two per service bay plus one space per four fuel pumps No parking required
for fueling operations. See "convenience store" or "vehicle services" if applicable.
Auto parts sales, with installation One space per 500 square feet gross floor area
Auto parts sales, without installation One space per 500 square feet gross floor area
Vehicle services - Major Repair/Body Work One space per 500 square feet gross floor area 1 space per 500 sf of non-service bay floor area and 2 spaces
per service bay
Vehicle services - Minor Repair/Maintenance One space per 500 square feet gross floor area 1 space per 500 sf of non-service bay floor area and 2 spaces
per service bay
Vehicle Sales and Services
Theaters
Office-supporting retail, More than 2,000, up to 5,000 sf
Retail Sales
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Table 3.4 - Parking Requirements by Use
Number of Off-Street Parking Spaces RequiredType of Land Use
Vehicle services - Washing Two 1 spaces plus sufficient waiting line(s) or two 2 spaces plus washing area(s)
To be determined when use permit is approved
No requirement
Freight/Truck Terminals One space per 300 square feet office plus one space per 1,000 square feet garage/warehouse area 1 space per
1,500 sf of indoor space
One space per 300 square feet office area plus one space per 1,000 square feet garage/warehouse area
Three spaces per emergency vehicle 1 space per 1,000 sf of indoor space, plus any required spaces for
dedicated office area and 1 space for each fleet vehicle
Backlots/outdoor facilities and Soundstages As provided in approved use permit
Broadcast Studios One space per 300 square feet gross floor area 1 space per 300 sf
As provided in approved use permit
Parking facility No requirement
Public Safety Facilities One 1 space per 500 square feet gross floor area
Railroad facilities One space per 300 square feet office or waiting room
Transit station or terminal One 1 space per 300 square feet sf office/waiting area plus one 1 space per 1,000 square feet sf house/garage
area
Transit stop
Public Utilities Facilities One space per 300 square feet office area plus one space per 1,500 square feet warehouse/service area plus
space for fleet vehicles
Facilities with on-site staff 1 space per 1,500 sf of indoor area
Facilities with no on-site staff (unmanned)No requirement
Transmission Lines No requirement
One space per 300 square feet office plus one space per 1,000 square feet warehouse/service area
As provided in approved use permit+C192
Heliport
TRANSPORTATION, COMMUNICATIONS, & UTILITIES
Ambulance, taxi and/or limousine dispatchLight Fleet-Based Services
Media Production
Water and wastewater treatment plants and services
Antennas and Telecommunications Facilities Wireless Telecommunications Facilities
Airport
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B. Minimum Number of Spaces Required in the C-N zone. Within the neighborhood-commercial (C-N) zone, the
following parking standards shall apply for the specific land uses identified below:
1. Eating and Drinking Establishments, and Food and Beverage Sales shall provide one-half that required in
Table 6. Parking space reductions permitted by Section 17.xx.xxx.B (Shared Parking Reductions) shall not
be applicable in conjunction with this provision, as the reduced parking rates established here are intended to
provide flexibility in meeting parking requirements and rely on the consolidation of parking; however, Section
17.xx.xxx.C (Other Parking Reductions) may apply.
C. Minimum Number of Spaces Required in Downtown Core. Within the downtown-commercial (C-D) zone, the
following parking standards and incentives shall apply:
1. Parking space reductions permitted by Section 17.xx.xxx.B (Shared Parking Reductions) shall not be
applicable in the Downtown Parking District, as the reduced parking rates established here are intended to
provide flexibility in meeting parking requirements and rely on the consolidation of parking; however, Section
17.xx.xxx.C (Other Parking Reductions) may apply.
2. Eating and drinking establishments, theaters, cultural institutions, public assembly facilities, and religious
assembly facilities: One-half that required in Table 6; provided, however, that in no case shall the requirement
exceed one space per 350 square feet of gross floor area.
3. Residential uses, hotels and motels, and bed and breakfast inns: One-half that required in Table 6.
4. All other uses: One space per 500 square feet gross floor area.
5. For existing buildings, only the parking needed for additions thereto or for changes in occupancy which
increase parking requirement relative to prior uses shall be required.
6. or more;Options to Comply. The parking space requirement may be met by:
a. Providing the required spaces on the site occupied by the use.
b. The Director may, by approving a Director’s Action (see Section 17.XX.XXX [Director’s Action]), allow
some or all of the parking to be located on a site different from the use and within the Downtown Parking
District area. Such off-site parking shall not be located within a residential zone. It shall be within
reasonable walking distance and no greater than 500 feet of the use, and shall not be separated from the
use by any feature that would make pedestrian access inconvenient or hazardous. The site on which the
parking is located shall be owned, leased, or otherwise controlled by the party controlling the use.
c. Participating in a commonly held and maintained off-site parking lot where other businesses maintain
their required spaces.
d. Participating in a parking district that provides parking spaces through a fee or assessment program.
it shall be rounded down to the next lowest whole
e. Participating in an in-lieu fee program as may be established by the Council. Any parking agreement
approved prior to adoption of the parking standards contained in subsections B.1.a through B.1.d of this
Section may be adjusted to conform with those standards, subject to approval by the Director and City
Attorney.
17.72.040 – Parking for Alternative Clean Fuel Vehicles.
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CITY OF SAN LUIS OBISPO ZONING REGULATIONS – TITLE 17
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A. Parking spaces for electric vehicles and other non-petroleum fuel-based clean air vehicles shall be provided for all
uses as indicated in Table 3-5: Alternative Clean Fuel Vehicle Parking or in accordance with the requirements of
the California Green Building Standards Code and any local amendments thereto, whichever yields the greater
number of spaces. All such spaces shall count toward the minimum required parking spaces.
Table 3-5: Alternative Clean Fuel Vehicle Parking
Land Use Number of Total Required Spaces
2-10 11-15 16-20 More than 20
Multi-unit Residential with 4 or more units 1 alternative fuel
space
minimum
2 alternative fuel
spaces
minimum
2 alternative
fuel
spaces
minimum
10% of parking
spaces
(rounded
up)
Nonresidential – Commercial, Office, and
Mixed Use
1 alternative fuel
space
minimum
2 alternative fuel
spaces
minimum
3 alternative
fuel
spaces
minimum
10% of parking
spaces
(rounded
up)
Industrial
0 alternative fuel
space
minimum
1 alternative fuel
space
minimum
2 alternative
fuel
spaces
minimum
8% of parking
spaces
(rounded
up)
B. All electric vehicle spaces shall be equipped with charging equipment, the use of which the property owner or
operator may require payment, at his/her discretion.
C. Any charging or similar equipment shall not be placed within the required parking space dimensions and shall not
obstruct any pedestrian path of travel.
17.72.050 – Parking Reductions.
A. Affordable Housing Developments. See Chapter XX, Affordable Housing Incentives.
B. Shared Parking Reduction. Where a shared parking facility serving more than one use will be provided, the total
number of required parking spaces may be reduced by up to 20 percent with Director approval via Director’s
Action, if the Director finds that:
1. The peak hours of use will not overlap or coincide to the degree that peak demand for parking spaces from
all uses or projects will be greater than the total supply of spaces;
2. The proposed shared parking provided will be adequate to serve each use and/or project;
3. A parking demand study conducted and prepared under procedures set forth by the Director supports the
proposed reduction; and
4. In the case of a shared parking facility that serves more than one property, a parking agreement has been
prepared and recorded with the Office of the County Recorder, requiring the parking to be operated on a
nonexclusive basis, to be open and available to the public for shared use, short-term parking during normal
business hours.
C. Other Parking Reductions. Required parking for any use may be reduced by up to 10 percent through Director
approval of a Director’s Action. Required parking may be reduced by more than 10 percent through Planning
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Commission approval. However, no reduction shall be made in addition to any reductions for shared parking
permitted through Section 17.XX.XXX.B (Shared Parking Reduction) above.
1. Criteria for Approval. The review authority may only approve a request reduced parking if it finds that:
a. Special conditions, including but not limited to, the nature of the proposed operation; proximity to frequent
transit service; transportation characteristics of persons residing, working, or visiting the site; or because
the applicant has undertaken a transportation demand management program that provides justification
of innovative design components and strategies to reduce single-occupant vehicle travel to and from the
site and will reduce parking demand at the site
b. The use will adequately be served by the proposed on-site parking; and
c. Parking demand generated by the project will not exceed the capacity of or have a detrimental impact on
the supply of on-street parking in the surrounding area.
2. Parking Demand Study. In order to evaluate a proposed project’s compliance with the above criteria, a
parking demand study shall be conducted and prepared under procedures set forth by the Director that
substantiates the basis for granting a reduced number of spaces.
3. Reduction Rates. The review authority may consider the following rates for parking reductions associated
with a parking demand study:
a. One car space for each five motorcycle spaces provided in excess of required parking.
b. One car space for each five bicycle spaces provided in excess of required parking. All bicycle parking
that exceeds the required number of spaces shall be apportioned between short-term and long-term
bicycle spaces as stipulated by Table 6.5. Any additional bicycle parking provided for residential uses
shall be covered3.
4. Vehicle Trip Reduction Plan. Based on the parking study, the Director may require a vehicle trip reduction
plan be submitted for approval and such other conditions deemed necessary to reduce parking demand.
D. Reductions and Common Parking. Where there has been a reduction in required parking, all resulting spaces
must be available for common use and not exclusively assigned to any individual use. In residential and mixed -
use projects, required residential parking may be reserved, but commercial parking must be made available for
guests or overflow from residences.
E. Off-Site Parking. The Director may, by approving a Director’s Action, allow some or all of the required parking to
be located on a site different from the use. Such off-site parking shall be within a zone where the use is allowed
or conditionally allowed, or within an office, commercial or manufacturing zone. It shall be within 300 hundred feet
of the use and shall not be separated from the use by any feature that would make pedestrian access inconvenient
or hazardous. The site on which the parking is located shall be owned, leased or otherwise controlled by the party
controlling the use.
L. Tandem17.72.060 – Nonconforming Parking.
1. For residential uses, when parking spaces are identified for the exclusive use of occupants of a
designated dwelling, required spaces may be arranged in tandem (that is, one space behind the other)
subject to approval of the community development director. Tandem parking is intended to allow for
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needed flexibility on constrained lots or where tandem parking is consistent with the existing
neighborhood pattern. Tandem parking shall not be used to provide for the conversion of garage spaces.
2. Hotel and Restaurant Projects (New and Existing). Tandem parking may be used for hotel and restaurant
development in the downtown commercial (C-D) zone where parking service is provided, subject to the
approval of a parking management plan by the public works and community development directors. A
parking management plan is a document that outlines how site parking will be regulated and includes
provisions to reduce parking demand, including but not limited to availability of transit in close proximity,
access to a car share program and access to information regarding alternative transportation programs.
3. Tandem parking may be considered in office development if all of the following requirements are satisfied:
a. With review of the location and design by the architectural review commission, where adequate
maneuverability and access arrangements are provided; and
a. b. For When the tandem spaces are set aside for the exclusive use of on-site employees; and
c. Where the total number of tandem spaces does not exceed thirty percent of the total parking
provided for projects that require ten vehicle parking spaces or less, and fifteen percent of the
total parking provided for projects that require eleven or more vehicle parking spaces; and
d. With the approval of a parking management plan by the public works and community
development directors to ensure that proper management and oversight of the use of the
proposed tandem spaces will occur.
4. For existing office development where there is a desire to upgrade or modify the parking layout to
increase efficiency or better meet standards, and review by the architectural review commission would not
be required, the approval of new tandem parking spaces would require the approval of an administrative
use permit, where adequate maneuverability and access arrangements are provided.
M. Elderly Housing Parking. Housing occupied exclusively by persons aged sixty-two or older may provide one-half
space per dwelling unit or one space per four occupants of a group quarters.
N. Low-Income Housing Parking. Housing occupied exclusively by very low or low-income households, as defined by
the state, may provide one car and one bicycle space per dwelling unit.
A. O. Additions and Changes in Use for Existing Uses or Structures Which Do Not Meet Current Parking Standards.
1. Minor Additions. Minor additions toor changes in use for existing legaluses or structures or uses, which are non
conforming because they that do not meet current parking standards, may be permitted if they meet the following
requirements:standards shall apply.
a. The parking spaces required for the addition are provided in conformance with this chapter, in
addition to all parking spaces already provided for the existing use or structure; and
b. All existing parking shall be in substantial compliance with parking and driveway standards; and
c. The addition is not more than twenty-five percent of the existing gross floor area or one thousand
square feet, whichever is greater; and
d. For residential projects, at
A. Nonresidential Additions and Reconstruction. When expansion of floor area creates an increase of 10 percent
or more in the number of required on-site parking spaces in an existing nonresidential building, additional on-site
parking shall be provided for such addition and not for the entire building or site. Additional parking spaces are not
required for the reconstruction of an existing building when there is no increase in floor area.
B. Residential Additions. At least one legally conforming space isshall be provided for each existing unit, in addition
to all parking required for the addition itself., unless otherwise exempted for an approved Accessory Dwelling Unit
or through an approved parking reduction, as authorized by Section XX.XX.XXX (Parking Reductions).
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2. Larger Additions. Existing legal structures or uses which C. Use Changes. Changes in use that increase
the total parking demand from existing legal uses that are nonconforming because they do not meet
current parking standards may be expanded more than twenty-five percent of the existing gross floor area
or one thousand square feet, subject to the following:
a. All existing parking shall be in substantial compliance with parking and driveway standards; and
b. All required parking for the existing use or structure plus that required for the addition is
provided; or an administrative use permit is obtained and parking is provided pursuant to the
following chart:
Increase
in
gross
floor
area
Parking provided
for addition
in addition to
existing
parking
Parking
provided
for existing
use or
structure is
at least
25 – 49% 100% 50%
50 – 74% 100% 75%
> 75% 100% 100%
For residential projects, at least one legally conforming space is provided for each existing unit, in addition to all
parking required for the addition itself.
3. Use Changes. Changes in use, which increase the total parking demand from existing legal uses which are
nonconforming because they do not meet current parking requirements, may be permitted requirements
may be allowed so long as the number of spaces equal to the difference between the number required by the
previous use and the number required by the new use is provided, in addition to all spaces already provided for
the previous use. The existing parking shall be maintained. If the number of existing parking spaces is greater
than the requirements for such use, the number of spaces in excess of the prescribed minimum may be counted
toward meeting the parking requirements for the addition, enlargement, or change in use. A change in
occupancy is not considered a change in use unless the new occupant is in a different use classification than the
former occupant.
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17.72.070 – Bicycle Parking Standards.
A. Applicability.
1. The provisions of this Section shall apply to:
a. New multi-unit residential developments, non-residential developments, and community and institutional
facilities.
b. Existing nonresidential developments that involve a change in use. A change in occupancy is not
considered a change in use unless the new occupant is in a different use classification than the former
occupant.
c. Existing multi-unit residential and nonresidential developments that involve expansion, intensification,
addition, or any other changes to the site requiring planning approval or a building permit.
2. The provisions of this Section shall not apply to:
a. Single-unit residential dwellings, or accessory dwelling units.
b. Any site where there is less than 2,500 square feet of gross building area.
B. Required Bicycle Spaces. Parking for bicycles shall be provided in accordance with Table 3-6: Required Bicycle
Parking, unless exempted through Section 17.xx.xxx (Alternative Compliance).
Table 3-6: Required Bicycle Parking Requirements by Use
Type ofLand Use Example Standard
(Number of Off-
StreetBicycle
Parking Spaces
Required)
Short Term Long Term
AGRICULTUREResidential All residential housing
types
2 per unit, plus 1
guest per every 5
units
Guest spaces 2 per
unit
Residential - Group living Crop production and
grazingFraternity/sorority,
co-op housing
No requirement1
per bed
25% 75%
Lodging
Greenhouse,
commercialHotel, motel,
homeless shelters
No requirement1
per 10 guest
rooms
50% 50%
Restaurant - Quick serve
Livestock feed lotDeli,
coffee shop, bar/tasting
rooms
As provided in
approved use
permit1 per 150
sf
75% 25%
INDUSTRY,
MANUFACTURING &
PROCESSING,
WHOLESALINGRestaurant -
sit down
Restaurant, accessory
dining areas 1 per 500 sf
75% 25%
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Table 3-6: Required Bicycle Parking Requirements by Use
Type ofLand Use Example Standard
(Number of Off-
StreetBicycle
Parking Spaces
Required)
Short Term Long Term
General Retail and Personal
Services
Bakery, wholesaleGrocery
store, hardware store,
personal services,
handicraft
Same as
Manufacturing –
Light1 per 1,000
sf
75% 25%
Office and Financial
Institutions
Furniture and fixtures
manufacturing, cabinet
shopGeneral office,
medical, clinic, research
and development, banks
Same as
Manufacturing –
Light1 per 1,500
sf
75% 25%
Industrial research and developmentFood and beverage
manufacturing, woodworking
One space per
300 square feet
office or
laboratory area,
plus one space
per 500 square
feet indoor
assembly or
fabrication area,
plus one space
per 1,500 square
feet outdoor work
area or indoor
warehouse area1
per 2,000 sf
25% 75%
Large Scale Commercial
Retail and Services
Laboratory – Medical,
analytical, research,
testingGarden supply,
furniture stores, repair
shops, auto dealership
One space per
300 square feet
gross floor area1
per 2,500 sf
75% 25%
Industrial and Hospitals
Laundry, dry cleaning
plantWarehousing,
manufacturing, hospitals
One space1 per
7,500 square feet
gross floor areasf
25% 75%
Shopping Center
Manufacturing – HeavyMix
of personal services, retail,
restaurants, offices
One space per
500 square feet
gross floor
area20% of motor
vehicle spaces
required
75% 25%
Civic, Cultural, Public and
Religious Assembly
Manufacturing –
LightLibrary or museum,
places of public or
religious assembly
One space per
300 square feet
accessory office
area plus one
space per 300
square feet to
500 square feet
manufacturing
floor area, to be
determined by
director according
75% 25%
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Table 3-6: Required Bicycle Parking Requirements by Use
Type ofLand Use Example Standard
(Number of Off-
StreetBicycle
Parking Spaces
Required)
Short Term Long Term
to employment
characteristics of
each use, plus
one per 1,500
square feet
outdoor
manufacturing
area20% of motor
vehicle spaces
required
Theater, health clubs, gymnastics, yoga, martial arts, etc.
Petroleum
product storage
and
distribution40% of
motor vehicle
spaces required
One space
per 300
square
feet
office
area
plus one
space
per 500
square
feet
indoor
storage
area
plus one
space
per
2,000
square
feet
outdoor
storage
area75%
Educational Facilities Photo and film processing
labSchools, day care
One space per 300 square feet gross floor areaAs
determined by the Director
Transportation Facilities
Printing and
publishingParking
Structures, Transit
Stations/Terminals
One space per 300 square feet gross floor areaAs
determined by the Director
Outdoor Recreation
Recycling facilities –
Collection and processing
facilityParks, sports fields,
community gardens
One space per 500 square feet of gross floor area
plus one space per 10,000 square feet outdoor
storage area, but in no case less than 4
spacesAs determined by the Director
Downtown (C-D) Zone
Recycling facilities – Scrap
and dismantling
yardIncludes all non-
residential land use types
One space per 500 square feet of gross floor area
plus one space per 10,000 square feet outdoor
storage area, but in no case less than 4
spacesApply same standards for land uses
above when feasible. Facilities may be shared
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Table 3-6: Required Bicycle Parking Requirements by Use
Type ofLand Use Example Standard
(Number of Off-
StreetBicycle
Parking Spaces
Required)
Short Term Long Term
or expanded in close proximity, as determined
by the Director.
As provided in approved use permitNotes:
1. sf = square feet of gross floor area
2. Minimum requirements. All nonresidential uses shall provide a minimum of two bicycle parking spaces per site. In the case of multi-
tenant nonresidential buildings, minimum required bicycle parking shall be two spaces per tenant. Alternative compliance may supersede
this requirement.
3. Mixed-use and Mix of Uses. When there are two or more separate primary uses on a site, the required bicycle parking for the site is the
sum of the required parking for the individual primary uses.
4. Short-term and long-term percentages listed in this table are intended as guidelines subject to a final determination by the Director.
Storage – Personal
storage facility
One space per 300 square feet office area and common indoor
facilities and one space for every five storage units that do
not have direct drive-up vehicle access
Storage yard One space per 2,000 square feet gross floor area
Warehousing, indoor
storage
One space per 300 square feet office area plus one space per
1,500 square feet indoor storage area
Wholesaling and
distribution
One space per 300 square feet office area plus one space per
1,000 square feet indoor sales/storage area, plus one
space per 2,000 square feet outdoor sales area
LODGING
Bed and breakfast inn One per room or group of rooms to be occupied as a suite, plus
two for resident manager’s quarters
Hostel One space per five beds, plus one for manager. When the
hostel is part of a residence: one space per five beds, in
addition to two spaces for the residence
Hotel, motel One per room or group of rooms to be occupied as a suite, plus
one for resident manager’s quarters, plus eating/assembly
area requirements
Recreational vehicle
(RV) park
accessory to
hotel, motel
As provided in approved use permit
RECREATION, EDUCATION & PUBLIC ASSEMBLY USES
Bar/tavern One space per 60 square feet of customer use area plus one
space per 100 square feet of food preparation area
Club, lodge, private
meeting hall
One space per 300 square feet office area plus one space per
four fixed seats or one space per 40 square feet seating
area without fixed seats, in the largest assembly room
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Commercial
recreation facility
– Indoor
One space per 300 square feet gross floor area
Bowling alleys Two spaces per lane plus one space per four seats
spectator/eating area
Commercial
recreation facility
– Outdoor
One space per 500 square feet outdoor use area
Educational
conferences
As provided in approved use permit
Fitness/health facility One space per 300 square feet gross floor area
Library, branch facility As provided in approved use permit
Library, museum One space per 500 square feet storage/display area plus
government office and meeting room requirements
Night club One space per 60 square feet floor or outdoor ground area for
customer use, including seating and dancing areas, plus
one space per 100 square feet food preparation area
Off-site wine tasting
room
One space per 200 square feet gross floor area
Park, playground One space per 500 square feet
Public assembly
facility
One space per four fixed seats or one space per 40 square feet
of assembly area without fixed seats
Religious facility One space per four fixed seats (one space per 40 square feet
seating area without fixed seats) in largest assembly room
School – Boarding
school,
elementary,
middle,
secondary
As provided in approved use permit
School – College,
university –
Campus
As provided in approved use permit
School – College,
university –
Satellite
classroom facility
One space per 50 square feet per classroom floor area
School – Elementary,
middle,
secondary
Two spaces per classroom plus one space per 300 square feet
office, assembly or common area
School – Specialized
education/training
One space per 50 square feet per classroom floor area
Special event One space per 500 square feet or as provided in approved use
permit
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Sports and active
recreation facility
One space per 100 square feet of play surface
Sports and
entertainment
assembly facility
As provided in approved use permit
Studio – Art, dance,
martial arts,
music, etc.
One space per 200 square feet gross floor area
Theater One space per four seats
Theater – Drive-in No requirement
RESIDENTIAL USES
Boarding/rooming
house, dormitory
One space per 1.5 occupants or 1.5 spaces per bedroom,
whichever is greater
Caretaker quarters Two spaces per dwelling
Convents and
monasteries
One space per five occupants
Fraternity, sorority One space per 1.5 occupants or 1.5 spaces per bedroom,
whichever is greater
High occupancy
residential use
The parking requirement shall be greater of: (1) the number of
space required for dwellings, or (2) one off-street parking
space per adult occupant, less one
Home occupation See Section 17.08.090
Live/work units Two spaces per unit
Mixed use project Same as Multifamily dwellings
Mobile home park 1.5 spaces per unit: one space to be with unit
Multifamily dwellings One per studio apartment; 1.5 for first bedroom plus 0.5 for
each additional bedroom in a unit, plus one for each five
units in developments of more than five units. Also see
parking reduction paragraphs under Section 17.16.060
Residential care
facilities – 6 or
fewer residents
Same as Rest home
Residential care
facilities – 7 or
more residents
Same as Rest home
Residential hospice
facility
Same as Rest home
Rest home One space per four beds (adult): one space per five juvenile
occupants
Single-family
dwellings
Two spaces per dwelling. In the R-1 and C/OS zones, one
space must be covered
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Work/live units Two spaces per unit
RETAIL SALES
Auto and vehicle
sales and rental
One space per 300 square feet office area plus one space per
500 square feet parts sales service area, plus one space
per 2,000 square feet outdoor sales area
Auto parts sales, with
installation
One space per 500 square feet gross floor area
Auto parts sales,
without
installation
One space per 500 square feet gross floor area
Bakery, retail One space per 200 square feet gross floor area
Building and
landscape
materials sales,
indoor
One space per 300 square feet office area plus one space per
500 square feet indoor sales area plus one space per
2,000 square feet warehouse area
Building and
landscape
materials sales,
outdoor
One space per 300 square feet office area plus one space per
500 square feet indoor sales area plus one space per
2,000 square feet warehouse or outdoor sales area
Construction and
heavy equipment
sales and rental
One space per 300 square feet office area plus one space per
500 square feet parts sales service area plus one space
per 2,000 square feet outdoor sales area
Convenience store Two spaces for employee parking, plus one space per 500
square feet of gross floor area and a minimum of five
bicycle parking spaces shall be provided per business
Extended hour retail Same as specific type of retail
Farm supply and feed
store
One per 500 square feet indoor sales/storage area plus one
space per 2,000 square feet outdoor sales/storage area
Florists and
photofinishing
(retail)
One space per 500 square feet floor area
Fuel dealer (propane,
etc.)
One per 500 square feet indoor sales/storage area plus one
space per 2,000 square feet outdoor sales/storage area
Furniture, furnishings,
and appliance
stores
One space per 500 square feet gross floor area
General retail – 2,000
sf or less
One space per 300 square feet gross floor area
General retail – More
than 2,000 sf, up
to 15,000 sf
One space per 300 square feet gross floor area
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CITY OF SAN LUIS OBISPO ZONING REGULATIONS – TITLE 17
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General retail – More
than 15,000 sf,
up to 45,000 sf
One space per 300 square feet gross floor area
General retail – More
than 45,000 sf,
up to 60,000 sf
A maximum of one space per 200 square feet gross floor area,
with the exception for more spaces if structured multilevel
parking is used
General retail – More
than 60,000 sf,
up to 140,000 sf
A maximum of one space per 200 square feet gross floor area,
with the exception for more spaces if structured multilevel
parking is used
Groceries, specialty
foods
One space per 200 square feet gross floor area
Liquor store/alcohol
sales
One space per 200 square feet gross floor area
Mobile home, RV,
and boat sales
One space per 300 square feet office area plus one space per
500 square feet parts sales service area, plus one space
per 2,000 square feet outdoor sales area
Office-supporting
retail, 2,000 sf or
less
One space per 300 square feet gross floor area
Office-supporting
retail, more than
2,000 sf, up to
5,000 sf
One space per 300 square feet gross floor area
Outdoor temporary
and/or seasonal
sales
See Section 17.08.020
Produce stand One space per 300 square feet gross floor area
Restaurant One space per 60 square feet customer use area, including
waiting, seating, counter service areas and dancing areas,
plus one space per 100 square feet food preparation,
including counter space, pantry storage and dishwashing
areas. Walls, halls, restrooms and dead storage areas do
not count as either customer use or food preparation floor
area
Restaurant with late-
hour alcohol
service Same as Restaurant
Retail sales and
repair of bicycles
One space per 500 square feet floor area
Service station (see
also Vehicle
services)
One space for attendant booth plus two per service bay plus
one space per four fuel pumps
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Warehouse stores –
45,000 sf or less
gfa
Minimum one space per 300 square feet gross floor area
Warehouse stores –
More than 45,000
sf gfa
A maximum of one space per 200 square feet gross floor area,
with the exception for more spaces if structured multilevel
parking is used
SERVICES – BUSINESS, FINANCIAL & PROFESSIONAL
ATMs No requirement
Banks and financial
services
One space per 300 square feet gross floor area
Business support
services
One space per 300 square feet gross floor area
Convalescent hospital Same as Medical service – Extended care
Medical service –
Clinic, laboratory,
urgent care
Medical, dental, and other health services: one per 200 square
feet gross floor area
Medical service –
Doctor office
Medical, dental, and other health services: one per 200 square
feet gross floor area
Medical service –
Extended care
One space per four beds (adult): one space per five juvenile
occupants
Medical service –
Hospital
One space per bed
Office – Accessory As required for principal use
Office – Business and
service
One space per 300 square feet gross floor area
Office – Government Offices: one per 300 square feet gross floor area. Meeting
rooms: one per four fixed seats or one per 40 square feet
of seating area without fixed seats
Post offices One space per 300 square feet office, sorting, customer service
area plus one space per 500 square feet bulk handling
Office – Processing One space per 200 square feet gross floor area
Office – Production
and
administrative
One space per 300 square feet gross floor area
Office – Professional Medical, dental and other health services: one per 200 square
feet gross floor area. All others: one space per 300 square
feet gross floor area
Office – Temporary See Section 17.08.010(C)
Photographer,
photographic
studio
One space per 200 square feet gross floor area
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SERVICES – GENERAL
Catering service One space per 100 square feet food preparation area
Cemetery,
mausoleum,
columbarium
One space per 500 square feet of building area
Day care – Day care
center
(child/adult)
Two spaces plus one per 14 clients
Day care – Family
day care home
(small/large)
Small family day care – same as for “Dwellings.” Large family
day care – One space plus required residential parking
Equipment rental One space per 300 square feet office area plus one per 500
square feet indoor display/storage plus one per 1,000
square feet outdoor display/storage
Food bank/packaged
food distribution
center
One space per 300 square feet of office plus one space per
1,500 square feet of indoor storage
Homeless shelter Two spaces for the facility plus one space for each six
occupants at maximum allowed occupancy
Maintenance service,
client site
services
One space per 300 square feet gross floor area
Mortuary, funeral
home
One space per four fixed seats or one per 40 square feet
assembly area, whichever is greater
Personal services One space per 200 square feet gross floor area
Public safety facilities One space per 500 square feet gross floor area
Public utility facilities One space per 300 square feet office area plus one space per
1,500 square feet warehouse/service area plus space for
fleet vehicles
Repair service –
Equipment, large
appliances, etc.
One space per 500 square feet gross floor area
Repair services –
Small appliances,
shoes, etc.
One space per 300 square feet
Self service
laundry/dry
cleaner
One space per each four washers or dryers
Service stations One space for attendant booth plus two per service bay plus
one space per four fuel pumps
Social service
organization
One space per 300 square feet gross floor area
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Vehicle services –
Repair and
maintenance –
Major
One space per 500 square feet gross floor area
Vehicle services –
Repair and
maintenance –
Minor
One space per 500 square feet gross floor area
Vehicle services –
Carwash
Two spaces plus sufficient waiting line(s) or two spaces plus
washing area(s)
Veterinary
clinic/hospital,
boarding, large
animal
One space per 500 square feet gross floor area
Veterinary
clinic/hospital,
boarding, small
animal, indoor
One space per 300 square feet gross floor area
Veterinary
clinic/hospital,
boarding, small
animal, outdoor
One space per 300 square feet gross floor area
TRANSPORTATION & COMMUNICATIONS
Airport To be determined when use permit is approved
Ambulance, taxi,
and/or limousine
dispatch facility
One space per 300 square feet office area plus one space per
1,000 square feet garage/warehouse area
Ambulance services Three spaces per emergency vehicle
Broadcast studio One space per 300 square feet gross floor area
Heliport As provided in approved use permit
Railroad facilities One space per 300 square feet office or waiting room
Transit station or
terminal
One space per 300 square feet office/waiting area plus one
space per 1,000 square feet house/garage area
Truck or freight
terminal
One space per 300 square feet office plus one space per 1,000
square feet garage/warehouse area
Water and
wastewater
treatment plants
and services
One space per 300 square feet office plus one space per 1,000
square feet warehouse/service area
Water and
wastewater
treatment plants
As provided in approved use permit
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Table 6.5: Bicycle Parking Space Requirements
a
Zone Number of bicycle
spaces as a
percentage of
required auto
spacesb
Minimum short-termc
bicycle spaces
Minimum long-
termd/e
bicycle
spaces
R-2, R-3, R-4 5% 100% —
C-C, C-R, C-N,
C-D
15% 50% 40%
O, BP 15% 10% 80%
C-T 5% 10% 80%
C-S, M 15% 10% 80%
PF (schools, junior
high to
college)
1 space per 3 students
Park & ride lots 10% — 100%
a. All parking shall be provided on site.
b. Requirements apply to uses that require ten or more vehicle parking spaces. When less than one-half space is calculated,
one space is required.
c. Short-term bicycle parking is used by visitors to multifamily housing and by patrons of commercial and institutional uses.
Bicycle racks are used to satisfy this need.
d. Long-term bicycle parking is used by employees of commercial and institutional uses and by residents. Fully enclosed
lockers are used to satisfy this need. Lockable rooms reserved for bicycle storage and secured parking areas managed
by attendants are other acceptable forms. Bicycles shall be parked vertically or horizontally with at least the rear tire
resting at floor level.
e. In addition to short- and long-term parking required for commercial uses, residential uses in all zones, including the
downtown commercial (C-D) zone, shall provide bicycle lockers or interior space within each dwelling or accessory
structure (e.g., garages) for the storage of at least two bicycles per unit regardless of the number of automobile parking
spaces provided.
(Ord. 1591 § 9, 2013; Ord. 1578 § 4, 2012; Ord. 1571 §§ 13, 14, 2012; Ord. 1553 §§ 13—16, 2010; Ord. 1528 §
3 Ex. A (part), 2009: Ord. 1500 § 3 (part), 2007; Ord. 1437 § 1 (part), 2003; Ord. 1429 § 3 (part), 2003; Ord.
1422 § 4, 2002; Ord. 1405 § 3 (part), 2001; Ord. 1365 § 3 (part), 2000; Ord. 1346 § 2 (part), 1999; Ord.
1310 § 2, 1996; Ord. 1311 § 2, 1996; Ord. 1265 §§ 2—4 Ex. A, 1994)
17.16.070 C. Required Bicycle Parking Location and Standards.
1. All bicycle parking spaces shall be provided on the same parcel as the building or use to which such spaces
are required, unless the City has established programs allowing for shared parking arrangements at bicycle
corrals. All short-term bicycle spaces shall be located at the ground-floor level and near or within visual site
distance of building entrances.
C2. Downtown Parking District—All Nonresidential Uses. Businesses and developments within the Downtown
Parking District are not required to provide bicycle parking on site if adequate on-site space is not available,
as determined by the Director. The City shall permit required bicycle parking within the public right-of-way for
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the Downtown Parking District area in locations and amounts determined by the Director. Downtown multi-
unit residential developments shall comply with the requirements of this Section.
D. Alternative Compliance. Alternative compliance, as established in this subsection, may be applied to all land use
classifications.
1. Upon written request by the applicant, the Director may approve alternative compliance from the provisions
of this Section through an approved Director’s Action, which may include, but is not limited to, a reduction or
deviation in the number, type, or location of the required bicycle parking, and may include a waiver of the
requirement.
2. Considerations used in the determination may include, but are not limited to:
a. Physical site planning constraints
b. Proximity to existing bicycle parking
c. Projects that cannot be classified into the provided land use categories
d. Provision of enhanced bicycle facilities provided in the development
e. Inclusion of the site within a larger development for which adequate bicycle parking is already provided
f. Unforeseen circumstances or individual land use changes
17.72.080 – Motorcycle Parking Standards.
Each use or development that requires 10 or more motor vehicle parking spaces shall provide facilities for parking
motorcycles at the rate of one space for each 20 car spaces.
17.72.090 – Parking and Driveway Design and Development Standards.
A. Requirements. Parking and driveway design and exceptions.
A. Parking and driveway design and requirements for permits shall be as provided in the parking standards adopted
by councilCouncil resolution.
B. Location of Parking.
1. Residential Uses. Required parking spaces serving nonresidential uses shall be located on the same lot as
the use they serve or in an off-site parking facility as provided in subsection C of this section. If located in an
off-site parking facility, a parking agreement shall be filed as provided in subsection C of this section. Refer to
Section 17.xx.xxx (Front Setback Parking) for additional residential parking location regulations associated
with single-unit residential dwellings and accessory dwelling units.
2. Nonresidential Uses. Required parking spaces serving nonresidential uses shall be located on the same lot
as the use they serve or in an off-site parking facility as provided in subsection C of this section. If located in
an off-site parking facility, a parking agreement shall be filed as provided in subsection C of this section.
3. Off-Site Parking Facilities. Parking facilities for uses other than single-unit dwellings, duplexes, and second
units may be provided off site with approval of a Minor Use Permit, provided the following conditions are met:
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CITY OF SAN LUIS OBISPO ZONING REGULATIONS – TITLE 17
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a. Location.
(1) Residential Uses. Any off-site parking facility must be located within 100 feet, along a pedestrian
route, of the unit or use served.
(2) Nonresidential Uses. Any off-site parking facility must be located within 400 feet, along a pedestrian
route, of the primary entrance containing the use(s) for which the parking is required.
b. Parking Agreement. A written agreement between the landowner(s) and the City in a form satisfactory
to the City Attorney shall be executed and recorded in the Office of the County Recorder. The agreement
shall include:
(1) A guarantee among the landowner(s) for access to and use of the parking facility; and
(2) A guarantee that the spaces to be provided will be maintained and reserved for the uses served for
as long as such uses are in operation.
C. Tandem Parking.
1. Residential Uses. For residential uses, when parking spaces are identified for the exclusive use of occupants
of a designated dwelling, required spaces may be arranged in tandem (that is, one space behind the other)
subject to Director’s review and approval of Director’s Action. Tandem parking is intended to allow for needed
flexibility on constrained lots or where tandem parking is consistent with the existing neighborhood pattern
and allows for deviations from minimum parking space size regulations of Section 17.xx.xxx.A
(Requirements). For single-unit dwellings, required parking may be provided in tandem configuration where
safe and compatible with the surrounding neighborhood.
2. Hotel and Restaurant Projects (New and Existing) in the C-D Zone. Tandem parking may be used for
hotel and restaurant development in the C-D zone where parking service is provided, subject to approval of a
Director’s Action and a parking management plan approved by the Director.
3. New Office Uses. Tandem parking may be considered for office development if all of the following
requirements are satisfied:
a. With review of the location and design by the Director’s Action, where adequate maneuverability and
access arrangements are provided; and
b. When the tandem spaces are set aside for the exclusive use of on-site employees; and
c. Where the total number of tandem spaces does not exceed 30 percent of the total
parking provided for projects that require 10 vehicle parking spaces or less, and 15 percent of the total
parking provided for projects that require 11 or more vehicle parking spaces; and
d. With a parking management plan approved by the Public Works and Community Development Directors
to ensure that proper management and oversight of the use of the proposed tandem spaces will occur.
4. Existing Office Uses. For existing office development where there is a desire to upgrade or modify the
parking layout to increase efficiency or better meet standards, and review by the Architectural Review
Committee would not be required, the new tandem parking spaces would be subject to Director’s review and
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approval of Director’s Action, and the additional finding that adequate maneuverability and access
arrangements are provided.
D. Mechanical Parking Lifts. The directorIn commercial zones and multi-unit developments and subject to
Director’s review and approval of Director’s Action, mechanical parking lifts may be used to satisfy all or a portion
of vehicle parking requirements. Up to 25 percent of the required minimum amount of spaces may be required to
be provided as non-mechanical parking for lift systems unable to accommodate a range of vehicles, including
trucks, vans, SUVs, or large sedans. Application submittals shall include any information deemed necessary by
the Director to determine parking can adequately and feasibly be provided and that the following performance
standards can be met and the following findings for approval can be made:
1. The use of mechanical lift parking results in superior design and implementation of City goals and policies for
infill development.
2. In existing developments and established neighborhoods, mechanical lift parking will be adequately screened
and compatible with the character of surrounding development; and, in new developments, mechanical lift
parking shall comply with Community Design Guidelines and be compatible and appropriately considered with
overall building and site design.
3. Mechanical lift parking systems shall comply with all development standards including but not limited to height
and setback requirements and parking and driveway standards, except for minimum parking stall sizes, which
are established by lift specifications.
4. There exists adequate agreement running with the land that mechanical parking systems will be safely
operated and maintained in continual operation except for limited periods of maintenance.
5. There are no circumstances of the site or development or particular model or type of mechanical lift system
that could result in significant impacts to those living or working on the site or in the vicinity.
E. Exceptions. Subject to Director’s review and approval of Director’s Action, the Director may grant exceptions to
the standards subject to appropriate conditions and upon finding that:
1. 1. The exception will not constitute a grant of special privilege inconsistent with the driveway or parking
limitations upon other properties in the vicinity;
2. 2. The exception will not adversely affect the health, safety or general welfare of persons working or residing
in the vicinity; and
3. 3. The exception is reasonably necessary for the applicant’s full enjoyment of uses permittedallowed upon
his/herthe applicant’s property. (Ord. 1265 § 2 Ex. A, 1994)
17.72.100 – On-Site Loading. Standards.
H. C-S Zone Off street loading requirements:
A. Required Loading Spaces in Certain Zones. In the C-R, C-C, C-S, M, and BP zones, every new building and
every building enlarged by more than 5,000 square feet of gross floor area that is to be occupied by a
manufacturing – heavy establishment; manufacturing – light establishment; warehousing, storage, and distribution
facility; retail sales; eating and drinking establishment; general market; hotel; hospital; funeral parlor and
internment service; or other use similarly requiring the receipt or distribution by vehicles or trucks of material or
merchandise, shall provide off-street loading and unloading areas as follows:
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Table 3-7: Loading Spaces Required by Gross Floor Area
Gross Floor Area of Building Number of Spaces Required
1,000 to 9,999 noneNone
10,000 to 29,999 1
30,000 to 99,999 2
100,000 and more 3
H. M Zone Off street loading requirements:
Gross Floor Area of
Building
Number of
Spaces
Required
1,000 to 9,999 none
10,000 to 29,999 1
30,000 to 99,999 2
100,000 and more 3
B. Reduction in Number of Loading Spaces Required. The loading space requirement may be waived by Director’s
Action if the Director finds that the applicant has satisfactorily demonstrated that, due to the nature of the proposed
use, such loading space will not be needed.
C. Additional Loading Spaces Required. The required number of loading spaces may be increased to ensure that
trucks will not be loaded, unloaded, or stored on public streets. Such requirement shall be based on the anticipated
frequency of truck pick-ups and deliveries and of the truck storage requirements of the use for which the on-site
loading spaces are required.
D. Loading Space Location. All required loading berths shall be located on the same site as the use served. No
loading berth for vehicles over two-ton capacity shall be closer than 50 feet to any property in a residential district
unless completely enclosed by building walls, or a uniformly solid fence or wall, or any combination thereof, not
less than six feet in height. No permitted or required loading berth shall be located within 25 feet of the nearest
point of any street intersection.
E. Minimum Size. Each on-site loading space required by this Section shall not be less than 10 feet wide, 25 feet
long, and 14 feet high, exclusive of driveways for ingress and egress, maneuvering areas and setbacks. The
minimum size requirement may be modified by Director’s Action if the Director finds that the applicant has
satisfactorily demonstrated that, due to the nature of the proposed use, such size will not be needed.
F. Driveways for Ingress and Egress and Maneuvering Areas. Each on-site loading space required by this section
shall be provided with driveways for ingress and egress and maneuvering space of the same type and meeting
the same criteria required for on-site parking spaces. Truck-maneuvering areas shall not encroach into required
parking areas, travelways, or street rights-of-way. This requirement may be modified by Director’s Action if the
Director finds that sufficient space is provided so that truck-maneuvering areas will not interfere with traffic and
pedestrian circulation.
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CHAPTER 17.74. PERFORMANCE STANDARDS
Chapter
17.18
PERFORMANCE STANDARDS*
Sections:
17.1874.010 Noise.
17.18.020 Vibration.
17.18.030 Illumination.
17.18.040 Air contaminants.
17.18.050 Discharges to water or public sewer system.
17.18.060 Heat.
17.18.070 Solid waste.
17.18.080 Energy conservation.
17.18.090 General – Purpose and special conditions.Application
*Ord. 1265 § 2 Ex.
A, adopted June 21, 1994, amended former. Purpose. This Chapter 17.18, §§ 17.18.010 — 17.18.080,
pertaining to establishes performance standards intended to guard against the use of any property or structure in
any zone in any manner which would create any dangerous, injurious, noxious, or otherwise objectionable
condition or element that adversely affects the health and safety of residents, the community, and the surrounding
area and adjoining premises.
B. its entirety Applicability. The minimum requirements in this Chapter apply to readall land uses in all zoning
districts, unless otherwise specified.
C. Exceptions. Compliance may be waived by the review authority if a condition created under prior Ordinances
physically precludes the reasonable application of the standards. Additional categorical exemptions from
compliance with the performance standards are as herein set out. The follows.
1. Temporary Activity. Festivals and other special events with approved temporary use permits or other
required permits, where such activities otherwise comply with other applicable provisions of former Chapter
17.18 derived from Ord. 1102 § 1 Ex. A (13), 1987; Ord. 941 § 1 (these Zoning Regulations.
2. Emergency Activities. Any emergency activity on the part), 1982: prior code § 9202.6 (A) — (H). of the City,
any other government agency, or a private party.
A. Applicability
3. Construction Activity. Temporary construction activity is exempted except where such activity is explicitly
regulated by other regulations of the Municipal Code.
17.18.090 74.020 – General Standard and special conditions.Special Conditions
A. Land or buildings shall not be used or occupied in a manner creating any dangerous, injurious, or noxious fire,
explosive, or other hazard that would adversely affect the surrounding area.
B. These performance standards are general requirements and shall not be construed to prevent the director, council,
planning commission, or architectural review commissionreview authority from imposing, as part of project
approval, specific conditions whichthat may be more restrictive, in order to meet the intent of these regulations.
(Ord. 1265 § 2 Ex. A, 1994)Regulations.
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B. 17.74.030 – Air Contaminants
17.18.040 Air contaminants.
A. No use or activity shall be conducted without first obtaining any required permit from the county air pollution control
districtCounty Air Pollution Control District.
B.
B. Uses shall be conducted to prevent dust or other airborne material from crossing property lines. (Ord. 1265 § 2 Ex.
A, 1994)
C. 17.74.040 – Discharges to Water or Public Sewer System
17.18.050 Discharges to water or public sewer system.
A. Discharges to groundwater or waterways, whether direct or indirect, shall conform with the requirements of the
city’s storm water quality ordinance, set forthCity’s Storm Water Quality Ordinance contained in Chapter 12.08,
and city standardsCity Standards, as well as requirements of the State and Regional Water Quality Control Boards,
the California Department of Fish and GameWildlife, and any other regulatory agency with jurisdiction over the
activity.
B. Discharges to the cityCity sewer system shall conform to Article II of Chapter 13.08 of this code. (Ord. 1543 § 8,
2010; Ord. 1265 § 2 Ex. A, 1994)Code.
D. 17.74.050 – Energy Conservation
17.18.080 Energy conservation.
The use of conventional energy sources for space heating and cooling, water heating, and illumination shall be
minimized by means of proper design and orientation, including provision and protection of solar exposure. (Ord. 1265
§ 2 Ex. A, 1994)
E. 17.74.060 – Hazardous Materials
The use, handling, storage and transportation of hazardous and extremely hazardous materials shall require a Minor
Use Permit and shall comply with the provisions of the California Hazardous Materials Regulations and the California
Fire and Building Codes, as well as the laws and regulations of the California Department of Toxic Substances Control
and the County Environmental Health Agency. Activities, processes, and uses shall not generate or emit any fissionable
or radioactive materials into the atmosphere, a sewage system, or onto the ground.
17.74.New
F. 070 – Heat and ColdHumidity
17.18.060
Heat.
A. No activity shall be conducted which causes radiant heat or a stream of heated air resulting in a temperature
increase of more than twenty20 degrees Fahrenheit at any property line or any public right-of-way. (Ord. 1265 § 2
Ex. A, 1994)
G. Illumination
17.18.030 Illumination.
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No lighting or illuminated device shall be operated so as to create glare which creates a hazard or nuisance on
other property. (Ord. 1265 § 2 Ex. A, 1994)
H. B. Humidity. Every existing or proposed use, activity, or process or portion thereof producing humidity in the
form of steam or moist air shall be carried on in such a manner that the humidity caused is not perceptible at or
beyond any property line. The presence of humidity in the form of steam or moist air within the boundaries of a
property shall not in itself constitute a violation of this Section.
17.74.080 – Light and Glare
Every existing or proposed use, activity, or process or portion thereof producing glare shall be shielded in such a
manner that the glare is not perceptible at or beyond any property line.
17.74.090 – Noise
17.18.010 Noise.
No use shall be established nor any activity conducted which violates the standards of the noise ordinanceNoise
Ordinance (Chapter 9.12 of this code). (Ord. 1265 § 2 Ex. A, 1994)Code).
I. 17.74.100 – Solid Waste
17.18.070 Solid waste.
Solid wastes shall be handled and stored so as to prevent nuisances, health, and fire hazards, and to facilitate recycling.
Suitable containers shall be provided to prevent blowing or scattering of trash by animals. Suitable space and
containers shall be provided to encourage on-site sorting and collection of recyclables. (Ord. 1265 § 2 Ex. A, 1994)
J. 17.74.110 – Vibration
17.18.020 Vibration.
Subject to the exceptions in Section 17.18.010(C), no activity shall be conducted whichthat causes ground vibrations
perceptible without the aid of instruments by a reasonable person at the property line. (Ord. 1265 § 2 Ex. A, 1994)
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CHAPTER 17.76. PROPERTY MAINTENANCE STANDARDS
Chapter 17.
17
PROPERTY MAINTENANCE STANDARDS
Sections:
17.17.76.010 – Purpose.
17.17.020 Applicability of other provisions.
17.17.030 General requirements.
17.17.040 Visible storage or maintenance—Storage and maintenance to be screened.
17.17.050 Front yard paving.
17.17.055 Front yard parking.
17.17.060 Roofs.
17.17.070 Fences.
17.17.075 Neighborhood preservation.
17.17.080 Prohibited acts.
17.17.090 Private cause of action.
17.17.010 Purpose.
The quality of life in this cityCity is tied to the character and conditions of its neighborhoods. The purpose of these
property maintenance standards is to protect the appearance, integrity, and character of the community. (Ord. 1277 §
2 Ex. A, 1995)
17.17.030 76.020 – General requirements.Requirements
The provisions of this chapterChapter apply to all zones in the cityCity, except as otherwise specified. (Ord. 1277 § 2
Ex. A, 1995)
17.17.050 76.030 – Front yard paving.Yard Paving
No more than fifty40 percent of any residential front yard (see definition of “front yard”), not to exceed twenty-six26 feet
in width, may be covered by concrete or other impervious material, including driveways, patio areas, walkways, and
other landscape features. Exceptions to this standard can be granted through the administrative use permit process
should the proposed paving be compatible with the neighborhood. (Ord. 1528 § 3 Ex. A (part), 2009: Ord. 1412 § 2
(part), 2002: Ord. 1277 § 2 Ex. A, 1995)
17.17.055 76.040 – Front yard parking.Yard Parking
A. Purpose and Application.
1. The purpose of these regulations is to preserve the residential character of streetscapes in the city’sCity’s
neighborhoods. The expansion of parking in front yard (see definition of “front yard” in Article 9) areas off
driveways interferes with the pattern of building masses and open areas within neighborhoods, creates vehicle
clutter, and results in excessive vehicle parking, which has the effect of creating small parking lots in front
yard areas whichthat are intended to remain as open areas within neighborhoods.
2. These regulations apply to vehicle parking within the front yard areas as defined in Section 17.100.060XX.092
(Y Definitions) and shown in Figure 9.7a3-14 (Front Yard), including the street side yard on corner lots. No
person shall stop, park, or leave standing any vehicle, whether attended or unattended, unless consistent with
the provisions of this sectionSection.
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Figure 9.7a3-14: Front Yard
B. Allowed Front Yard Parking. Vehicles parked in front yard areas of residential lots shall conform to all of the
following requirements:
1. Vehicle parking is permittedallowed on driveways leading to garage parking, or on other approved off-street
parking pads and spaces.
2. Vehicles may only be parked in areas within the driveway width established to serve approved parking spaces,
as defined in cityCity parking and driveway standards. Vehicle, or on an approved off-street parking on
pavement or other surfacing added outside the driveway area does not meet the definitionpad as allowed by
subsection D of a driveway. (See Figure 9.7b for examples of allowed front yard parking.)this Section (Single
Car Garages and Single Car Parking). Vehicles shall be parked completely within the driveway or parking pad
surface with all tires completely on the driveway surface.
3. Vehicles may be parked in tandem (one vehicle behind another)), provided there is sufficient space that no
part of the vehicle overhangs the property line or sidewalk.
Figure 9.7b3-15: Allowed Front Yard Parking
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Examples of allowed front yard parking for typical two-car garage and side loaded two-car garage. Vehicles are
parked in driveway within area leading to approved parking in garage.
C. Prohibited Front Yard Parking.
1. Vehicles shall not be parked outside the driveway width area leading to approved garage or
parking spaces or other approved parking pad or in any other manner inconsistent with subsection B of
this section. Vehicle parking next to driveways, whether paved or unpaved, is prohibited.Section. (See
Figures 9.7c and 9.7d.)
Figure 9.7c3-16: Prohibited Front Yard Parking.)
Examples of prohibited front yard parking for typical two-car garage and side loaded two-car garage. Vehicles
next to driveway and over sidewalk are illegally parked.
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Figure 3-16: Prohibited Front Yard Parking
2. Parking where vehicles are “straddling” or are partially on the driveway or parking pad and partially on an
unpaved or paved surface next to the driveway is prohibited. (See Figure 9.7d.)3-17: Vehicles Straddling
Driveway Prohibited.)
Figure 9.7d
3-17: Vehicles parked partially on driveway (straddling) are illegally parked.Straddling Driveway Prohibited
3. Vehicles mayshall not be parked diagonally or in any other configuration whichthat would require
vehicle circulation outside the width of the driveway area, except as provided in subsection (B)(3) of this
sectionSection (tandem parking). (See Figure 9.7e.)
3-18:
Figure 9.7e
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Diagonally parked vehicles are illegally parked.Parked Vehicles Prohibited.)
Figure 3-18: Diagonally Parked Vehicles Prohibited
D. Single Car Garages and Single Car Parking. Residential properties whichthat have parking configurations of a
single car garage or single car surface parking similar to Figure 9.7f may establish3-19 (Single Car Driveway) may
establish an additional parking pad between the driveway and the nearest interior property line upon approval of
a construction permit and conformance with the following requirements:
1. The parking pad shall meet minimum parking space dimensions of parking and driveway standards to ensure
adequate space for vehicle parking on the driveway and adjacent parking pad.
2. The parking pad shall meet minimum depth requirements of the parking and driveway standards (typically
eighteen18 and one-half feet) and vehicles may not be parked to overhang the sidewalk or property line into
the public right-of-way.
3. The parking pad space shall be surfaced with alternative paving to achieve aesthetic and environmental
objectives. Examples of alternative paving surfaces include, but are not limited to: interlocking pavers, eco-
block, porous AC paving, or cobblestone. Parking pads for single car garages and single car parking
established prior to the adoption of this sectionSection may be exempted from this requirement.
4. Vehicle Circulation. There shall be adequate driveway ramp access such that vehicles can access the parking
pad location from the public right-of-way without crossing over sidewalk area or other public improvements
outside of the driveway ramp area including transitions.
Figure 9.7f.3-19: Single Car Driveway
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17.76.
E. Legal Nonconforming Front Yard Parking. In cases where permits have been granted prior to allow parking in the
front yard area that is not in conformance with subsection B of this section; or, in cases where pavement surfacing
has been constructed to provide parking in conformance with Section 17.16.020(D)(8) (parking in “other yards”)
prior to the adoption of this section, such parking shall be considered a legal nonconforming use, and may
continue. Vehicle parking on pavement or other surfacing added outside the driveway area to access such parking
in “other yards” does not meet the definition of a driveway per subsection B of this section and shall not be deemed
a nonconforming use. (Ord. 1579 § 5, 2012)
17.17.070 Fences.
050 – Fences, Walls, and Hedges
All fencing and walls that isare visible from a public right-of-way shall be maintained so that fencing materials and
support are structurally sound, with no missing material. (Ord. 1277 § 2 Ex. A, 1995)materials. Where hedges are used
as screening, trimming or pruning shall be employed as necessary to maintain the maximum allowed height. Fences
and walls shall be maintained and shall stand upright and shall not lean.
17.17.075 76.060 – Neighborhood preservation.Preservation
A. Generally. It shall be unlawful and a public nuisance for any person, firm, or corporation owning, leasing,
occupying, or having possession of any private property in the cityCity to maintain such property in such a manner
that any of the following conditions described in this Section are found to exist thereon:.
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A. RefuseB. Trash Receptacles. Trash, green waste, and recycling receptacles shall not be within the front yard
(see definition of “front yard” in Article 9) area except as provided in Chapter 8.04, which states:
RefuseTrash and garbage containers shall not be placed adjacent to the street for pickup more than twenty-four24
hours before pickup time, and such containers shall be removed within the twelve12-hour period following pickup,
except in the Business Improvement Area (as defined in Chapter 12.36). In the Business Improvement Area,
refuse. Trash and garbagerecycling containers shall not be placed adjacent to the street for pickup before 5:00
p.m.PM or the close of business on the day preceding pickup, whichever is later. Such containers shall be removed
before 10:00 a.m.AM following pickup.
The “front yard” area is defined as:
The area of a residential lot that lies between the street property line and the walls of any residences that face
the street.
Trash, green waste, and recycling receptacles shall be completely screened from public view from the public right-
of-way that abuts the front yard by a fence, landscaping, or wall that is otherwise permittedallowed by zoning and
building codes. Multifamily developments, condominium projects, and other common interestMultiunit residential
units whichdevelopments that are approved for individual waste wheelers shall remove waste wheelers from the
common area visible from the public right-of-way in accordancecompliance with this section. Multifamily
projectsSection. Multiunit residential developments with shared bin service shall utilize approved enclosure
locations consistent with project approvals.
B.C. Abandoned Buildings which. Buildings that are abandoned partially destroyed or damaged or left in an
unreasonable state of partial construction, and whose owners have been notified by the cityCity that the property
has been determined to be in violation of this sectionSection. An abandoned building means any building or
structure which is not occupied, used, or secured for a period of one year12 months or more. A partially destroyed
or damaged building means any building or structure in which twenty-five25 percent or more of the structure has
been destroyed or damaged and not repaired or replaced for a period of one year12 months or more. An
unreasonable state of partial construction is defined as any unfinished building or structure that has been in the
course of construction for two years or more, and the condition of saidthis unfinished building or structure or
accumulation of construction materials substantially detracts from the appearance of the immediate neighborhood.
C.C. Paint and Finish Materials. Paint or finish material on the exterior surface of a building or other structure that
has become substantially deteriorated, damaged, or unsightly so as to significantly detract from the appearance
of the immediate neighborhood. For the purposes of this chapterChapter, “substantially” shall be defined as the
absence or deterioration of a required protective covering exceeding twenty-five25 percent of the exterior surface
area visible from the public right-of-way or adjacent properties, or 500 square feet, whichever is less, including,
but not limited to, chipping, curling, damaged, or missing paint. Exterior surfaces shall include gutters, downspouts,
trim, doors, windows, fences, and walls.
D. Structures and Machines. Broken, deteriorated, neglected, abandoned, or substantially defaced structures,
equipment, machinery, ponds, pools, or excavations visually impacting on the neighborhood or presenting a risk
to public safety or nuisance attractive to children. For the purposes of this chapterChapter, “nuisance attractive to
children” shall mean any condition, instrumentality, or machine located in a building or on premises, which is or
may be unsafe or dangerous to children by reason of their inability to appreciate the peril therein, and which may
reasonably be expected to attract children to the premises and risk injury by playing with, in, or on it.
E. Parking Areas. Parking lots, driveways, paths, or other paved surfaces, except when located in a rear or side
yard of a single familyunit dwelling, which contain substantial cracks, potholes, or other deficiencies posing a
substantial risk of harm to the public.
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F. Vegetation. Trees, weeds, or other types of vegetation that are dead, decayed, infested, diseased, overgrown, or
harbor rats or vermin and are visible from a public right-of-way. For the purpose of this chapterChapter,
“overgrown” is limited to lawns or weeds over twelve12 inches in height. Creek, riparian areas, open space,
grassland communities, or other sensitive habitat and unique resource areas as defined by the general
planGeneral Plan are subject to separate regulations.
G. Graffiti. Buildings, structures, or other surfaces upon which graffiti exists. Graffiti, as used in this chapterChapter,
shall mean defacement, damage, or destruction by the presence of paint, ink, chalk, dye, or other similar
substance; or by carving, etching, or other engraving.
H. Violations. Any violation of the provisions of a conditional use permitMinor Use Permit, Conditional Use Permit,
planned development permit, architectural review approval, varianceVariance, or other land use entitlement or
land use permit.
I.I. Public Nuisance. Maintenance of property in such condition as to be detrimental to the public health, safety, or
general welfare in such a manner as to constitute a public nuisance, as defined by Civil Code Section 3480. (Ord.
1579 § 6, 2012: Ord. 1571 § 16, 2012; Ord. 1553 § 17, 2010: Ord. 1412 § 3 (part), 2002)
17.17.080 76.070 – Prohibited acts.Acts
A. Unlawful Acts. It is unlawful for any person, firm, or corporation that owns, occupies, or controls property in the
city of San Luis ObispoCity to maintain or fail to maintain such property in violation of Section 17.17.040, 17.17.050,
17.17.055, 17.17.060, 17.17.070, or 17.17.075this Chapter.
B. Type of Offense. Any person who violates Section 17.17.040, 17.17.050, 17.17.055, 17.17.060, 17.17.070,
17.17.075(A), or 17.17.075(C)—(H) shall be guilty of an infraction. Violations shall be punishable as set
forthcontained in Chapter 1.12. Nothing in this chapterChapter shall be deemed or constituted to prevent the
cityCity from commencing any civil proceeding otherwise authorized by law for the declaration or abatement of a
public nuisance. (Ord. 1579 § 7, 2012: Ord. 1412 § 2 (part), 2002: Ord. 1277 § 2 Ex. A, 1995)
17.17.090 76.080 – Private causeCause of action.Action
If the owner of any premise fails or neglects to comply with the provisions of this chapterChapter, it shall constitute a
public nuisance, pursuant to in compliance with Section 8.24.020(B) of the San Luis ObispoCity’s Municipal Code. Any
aggrieved party may, in addition to any other right or remedy he or she may possess either at law or in equity, pursue
a private cause of action to abate a public nuisance, as specified in Section 8.24.190 of the San Luis ObispoCity’s
Municipal Code. (Ord. 1277 § 2 Ex. A, 1995)
17.76.090 – Rooftop Uses
A. Height. The height of any railings or parapets, exterior stairways, and other access features such as stairwells or
elevators for access to roof decks shall not exceed the maximum allowable building height for the structure,
including exceptions allowed by Section XXX (Height Measurement).
B. Furniture. No furniture or equipment, including chairs, mattresses, couches, recreational furniture, or other
materials may be placed on any roof, patio cover, carport, shed top, or similar structure, except for the following.
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1. Roof-top equipment, including antennas, satellite dishes, masts, poles, heating, ventilation, air conditioning
equipment, and similar devices that are designed for roof-top installation, and were lawfully installed, may
remain on the roof as long as they are properly maintained.
2. Furniture or other equipment may be placed on a roof deck or other similar place that was lawfully designed
and created for such use. All such furniture and accessories located on a roof deck shall be secured as
necessary to prevent wind damage or dislocation.
C. Performance Standards.
1. Lighting. Lighting for rooftop uses shall be appropriately designed, located, and shielded to not negatively
impact any adjacent residential uses.
2. Noise. All rooftop decks shall be designed to minimize adverse impacts to surrounding properties in
compliance with the City’s noise regulations.
3. Hours of Operation.
a. C-N and O Zones. Nonresidential rooftop uses shall be allowed to operate from 7:00 AM to 8:00 PM.
Operation outside of these allowed hours shall require a Minor Use Permit to ensure that the commercial
rooftop use will not negatively impact surrounding residential uses.
b. All Other Nonresidential Zones. Nonresidential rooftop uses shall be allowed to operate from 7:00 AM
to 10:00 PM. Operation outside of these allowed hours shall require a Minor Use Permit to ensure that
the commercial rooftop use will not negatively impact surrounding residential uses.
c. General. Rooftop decks and activities shall also comply with restrictions for development subject to Edge
Conditions regulations (Section 17.040 XX Edge Conditions). Commercial hours of operation for rooftop
uses also may be restricted upon evidence of a substantiated compliant.
17.76.100 – Screening
A. Screening of Visible storage or maintenance—Storage and maintenance to be screened.
Maintenance. Parking, storage, stockpiling, or maintenance of any of the following items on private property mustshall
be screened from view from any public right-of-way, except as provided in subsection D of this sectionSection.
Objects and activities will be considered “screened” when they are either (1) not visible from a public right-of-way
or (2) behind and below a solid six-foot-high fence, wall, or hedge where such fence, wall, or hedge is otherwise
permittedallowed by zoning and building codes.
A. 1. Furniture and Other Equipment. Furniture or other equipment, including but not limited to stuffed
couches and chairs, household appliances, sinks, heaters, boilers, tanks, machinery, other household or
commercial equipment, or any parts thereof.
B. 2. Materials. Building materials, including but not limited to packing boxes, lumber, dirt piles, wood,
landscape materials, or debris.
C. 3. Recreational Vehicles and Related Devices.
1. a. Any airplane or other aircraft, or any parts thereof.
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2. b. Special mobile equipment or parts thereof, such as tar wagons, water trailers, and similar devices as
defined in Section 575 of the Vehicle Code.
3. c. Boats, trailers, camper shells, recreational vehicles, jet skis or similar devices, or parts from any of
these items, unless exempted in subsection (D)(7) of this sectionSection.
D. 4. Exceptions. The following may be allowed in front yards under the noted circumstances:
1. a. Waste haulers and recycling containers may be placed for pickup in accordancecompliance with
Chapter 8.04 and Section 17.17.075.
2. b. Portable on demand storage containers (PODS) used for the temporary storage of personal property
owned or rented by the occupants may be allowed for a period not to exceed one week.
3. c. Building materials, vehicles, equipment, or construction tools may be placed in yards during
construction with a valid building permitBuilding Permit.
4. d. Personal property owned or rented by the occupants may be repaired, washed, cleaned, and
serviced, subject to any other relevant regulations;, provided, that vehicles are parked in a driveway and
that all work is completed within seventy-two72 hours.
5. e. Storage, repair, and maintenance of vehicles or other equipment may be allowed in commercial or
agricultural areas visible from a public right-of-way, where these activities are an integral part of the
commercial business and are conducted in accordancecompliance with all other limitations on that
business.
6. f. Barbecues and furniture that is designed and intended for outdoor use may remain on a porch or in
a walled front patio, where the walls are designed in accordancecompliance with fence height regulations.
7. g. Recreational vehicles and trailers with current licenses may be parked in driveways consistent with
Section 17.17.055. (Ord. 1579 § 4, 2012; Ord. 1571 § 15, 2012; Ord. 1528 § 3 Ex. A (part), 2009: Ord.
1277 § 2 Ex. A, 1995)
h. Parking of personal, operable vehicles may be parked in compliance with Section XXX (XX).
B. Screening of Mechanical and Electrical Equipment. All exterior mechanical and electrical equipment shall be
screened or incorporated into the design of buildings so as not to be visible from the public right-of-way or adjacent
residential zones. Equipment to be screened includes, but is not limited to, all roof-mounted equipment, air
conditioners, heaters, utility meters, cable equipment, telephone entry boxes, backflow preventions, irrigation
control valves, electrical transformers, pull boxes, and all ducting for air conditioning, heating, and blower systems.
Screening materials shall be consistent with the exterior colors and materials of the building. Exceptions to this
Section are subject to the Director’s review and approval via Director’s Action. In granting a request for an
exception, the Director shall find screening is infeasible due to health and safety or utility requirements.
C. Screening of Outdoor Sales and Storage
17.16.090 Screening of outdoor sales and storage.
. Screening shall be required for all outdoor sales and storage. Such screening shall consist of a solid fence, wall or
mature hedge or other screen planting at least six feet high. The community development director may waive the
screening requirement when the use customarily is not screened from public view, such as auto sales or displays
at service stations. The community development director may defer the screening requirement where the sales or
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storage is adjacent to vacant land and where it is not visible from a public street. Such waiver or deferral may be
by approval of whatever type of use permit may be required for the use. If no use permit is required, the waiver or
deferral shall be in writing and shall as set forth the circumstances justifying the action. (Ord. 1265 § 2 Ex. A,
1994)in Section 17.xx.030 (Screening of Visible Storage and Maintenance).
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17.78 FLOOD DAMAGE PREVENTION
Chapter 17.84
FLOODPLAIN MANAGEMENT REGULATIONS*
Sections:
17.8478.010 Statutory authorization, findings of fact and purpose and methods.
17.84.020 Definitions.
17.84.030 General provisions.
17.84.040 Administration.
17.84.050 Provisions for flood hazard reduction.
17.84.060 Variance procedure.
*Prior history: Prior code §§ 9800—9816; Ords. 1093 and 1259.
17.84.010 Statutory authorization, findings of fact and purpose and methods.
A.– Statutory Authorization., Findings of Fact, Purpose, and Methods
A. Statutory Authorization. The Legislature of the State of California has in Government Code Sections 65302,
65560, and 65800 conferred upon local governments the authority to adopt regulations designed to promote the
public health, safety, and general welfare of its citizenry. Therefore, the city council of the city of San Luis
ObispoCouncil does hereby adopt the followingthese floodplain management regulations.
B. Findings of Fact.
1. The flood hazard areas of the city of San Luis ObispoCity are subject to periodic inundation, which results in
loss of life and property, health and safety hazards, disruption of commerce and governmental services,
extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which
adversely affect the public health, safety, and general welfare.
2. These flood losses are caused by uses that are inadequately elevated, floodproofed, or protected from flood
damage. The cumulative effect of obstructions in areas of special flood hazards whichthat increase flood
heights and velocities also contributes to flood losses.
C. Statement of Purpose. It is the purpose of this chapterChapter to promote the public health, safety, and general
welfare, and to minimize public and private losses due to flood conditions in specific areas by legally enforceable
regulations applied uniformly throughout the community to all publicly and privately owned land within flood-prone,
mudslide [(i.e., mudflow] ), and/or flood-related erosion areas. These regulations are designed to:
1. Protect human life and health;
2. Minimize expenditure of public money for costly flood control projects;
3. Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the
expense of the general public;
4. Minimize prolonged business interruptions;
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5. Minimize damage to public facilities and utilities such as water and gas mains; electric, telephone and sewer
lines; and streets and bridges located in areas of special flood hazard;
6. Help maintain a stable tax base by providing for the sound use and development of areas of special flood
hazard so as to minimize future blighted areas caused by flood damage;
7. Ensure that potential buyers are notified that property is in an area of special flood hazard; and
8. Ensure that those who occupy the areas of special flood hazard assume responsibility for their actions.
D. Methods of Reducing Flood Losses. In order to To accomplish its purposes, this chapterChapter includes
regulations to:
1. Restrict or prohibit uses whichthat are dangerous to health, safety, and property due to water or erosion
hazards, or whichthat result in damaging increases in erosion or flood heights or velocities;
2. Require that uses vulnerable to floods, including facilities whichthat serve such uses, be protected against
flood damage at the time of initial construction;
3. Control the alteration of natural floodplains, stream channels, and natural protective barriers, which help
accommodate or channel floodwaters;
4. Control filling, grading, dredging, and other development whichthat may increase flood damage;
5. Prevent or regulate the construction of flood barriers whichthat will unnaturally divert floodwaters or whichthat
may increase flood hazards in other areas; and
6. These regulations take precedence over any less restrictive conflicting local laws, ordinances, and codes.
(Ord. 1494 § 1, 2006)
17.8478.020 – Definitions.
Unless specifically defined below, wordsWords or phrases used in this chapterChapter shall be interpreted so as to
give them the meaning they have in common usage and to give this chapterChapter its most reasonable application.,
and as defined in Chapter XX (General Definitions) under “Floodplain Management Regulations.”
A zone. See “Special flood hazard area (SFHA).”
“Accessory structure” means a structure that is:
1. Solely for the parking of no more than two cars; or
2. A small, low-cost shed for limited storage, less than one hundred fifty square feet and one thousand five
hundred dollars in value.
“Accessory use” means a use which is incidental and subordinate to the principal use of the parcel of land on
which it is located.
“Alluvial fan” means a geomorphologic feature characterized by a cone or fan-shaped deposit of boulders,
gravel, and fine sediments that have been eroded from mountain slopes, transported by flood flows, and
then deposited on the valley floors, and which is subject to flash flooding, high velocity flows, debris flows,
erosion, sediment movement and deposition, and channel migration.
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“Apex” means a point on an alluvial fan or similar landform below which the flow path of the major stream that
formed the fan becomes unpredictable and alluvial fan flooding can occur.
“Appeal” means a request for a review of the floodplain administrator’s interpretation of any provision of this
chapter.
“Area of shallow flooding” means a designated AO or AH zone on the flood insurance rate map (FIRM). The
base flood depths range from one to three feet; a clearly defined channel does not exist; the path of flooding
is unpredictable and indeterminate; and velocity flow may be evident. Such flooding is characterized by
ponding or sheet flow.
Area of special flood hazard. See “Special flood hazard area (SFHA).”
“Base flood” means a flood which has a one percent chance of being equaled or exceeded in any given year
(also called the “one-hundred-year flood”). “Base flood” is the term used throughout this chapter.
“Base flood elevation (BFE)” means the elevation shown on the flood insurance rate map for zones AE, AH, A1-
30, VE and V1-V30 that indicates the water surface elevation resulting from a flood that has a one percent
or greater chance of being equaled or exceeded in any given year.
“Basement” means any area of the building having its floor subgrade, i.e., below ground level, on all sides.
Building. See “Structure.”
“Development” means any manmade change to improved or unimproved real estate, including but not limited to
buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or
storage of equipment or materials.
“Encroachment” means the advance or infringement of uses, plant growth, fill, excavation, buildings, permanent
structures or development into a floodplain which may impede or alter the flow capacity of a floodplain.
“Existing manufactured home park or subdivision” means a manufactured home park or subdivision for which the
construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including,
at a minimum, the installation of utilities, the construction of streets, and either final site grading or the
pouring of concrete pads) is completed before February 20, 1979.
“Expansion to an existing manufactured home park or subdivision” means the preparation of additional sites by
the construction of facilities for servicing the lots on which the manufactured homes are to be affixed
(including the installation of utilities, the construction of streets, and either final site grading or the pouring of
concrete pads).
“Flood, flooding, or floodwater” means a general and temporary condition of partial or complete inundation of
normally dry land areas from the overflow of inland or tidal waters; the unusual and rapid accumulation or
runoff of surface waters from any source; and/or mudslides (i.e., mudflows); and the condition resulting from
flood-related erosion.
“Flood boundary and floodway map (FBFM)” means the official map on which the Federal Emergency
Management Agency or Federal Insurance Administration has delineated both the areas of special flood
hazards and the floodway.
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“Flood insurance rate map (FIRM)” means the official map on which the Federal Emergency Management
Agency or Federal Insurance Administration has delineated both the areas of special flood hazards and the
risk premium zones applicable to the community.
“Flood insurance study” means the official report provided by the Federal Insurance Administration that includes
flood profiles, the flood insurance rate map, the flood boundary and floodway map, and the water surface
elevation of the base flood.
“Floodplain or flood-prone area” means any land area susceptible to being inundated by water from any source.
See
“Flood, flooding or floodwater.”
“Floodplain administrator” is the community official designated by title to administer and enforce the floodplain
management regulations.
“Floodplain management” means the operation of an overall program of corrective and preventive measures for
reducing flood damage and preserving and enhancing, where possible, natural resources in the floodplain,
including but not limited to emergency preparedness plans, flood control works, floodplain management
regulations, and open space plans.
“Floodplain management regulations” means this chapter and other zoning ordinances, subdivision regulations,
building codes, health regulations, special purpose ordinances (such as grading and erosion control) and
other application of police power which control development in flood-prone areas. This term describes
federal, state or local regulations in any combination thereof which provide standards for preventing and
reducing flood loss and damage.
“Floodproofing” means any combination of structural and nonstructural additions, changes, or adjustments to
structures which reduce or eliminate flood damage to real estate or improved real property, water and
sanitary facilities, structures, and their contents. For guidelines on dry and wet floodproofing, see FEMA
Technical Bulletins TB 1-93, TB 3-93, and TB 7-93.
“Floodway” means the channel of a river or other watercourse and the adjacent land areas that must be reserved
in order to discharge the base flood without cumulatively increasing the water surface elevation more than
one foot. Also referred to as “regulatory floodway.”
“Floodway fringe” is that area of the floodplain on either side of the regulatory floodway where encroachment
may be permitted.
“Fraud and victimization” as related to Section 17.84.060, means that the variance granted must not cause fraud
on or victimization of the public. In examining this requirement, the city council will consider the fact that
every newly constructed building adds to government responsibilities and remains a part of the community
for fifty to one hundred years. Buildings that are permitted to be constructed below the base flood elevation
are subject during all those years to increased risk of damage from floods, while future owners of the
property and the community as a whole are subject to all the costs, inconvenience, danger, and suffering
that those increased flood damages bring. In addition, future owners may purchase the property, unaware
that it is subject to potential flood damage, and can be insured only at very high flood insurance rates.
“Functionally dependent use” means a use which cannot perform its intended purpose unless it is located or
carried out in close proximity to water. The term includes only docking facilities, port facilities that are
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necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities,
and does not include long-term storage or related manufacturing facilities.
“Governing body” is the local governing unit, i.e., county or municipality, that is empowered to adopt and
implement regulations to provide for the public health, safety and general welfare of its citizenry.
“Hardship” as related to Section 17.84.060 means the exceptional hardship that would result from a failure to
grant the requested variance. The city council requires that the variance be exceptional, unusual, and
peculiar to the property involved. Mere economic or financial hardship alone is not exceptional.
Inconvenience, aesthetic considerations, physical handicaps, personal preferences, or the disapproval of
one’s neighbors likewise cannot, as a rule, qualify as an exceptional hardship. All of these problems can be
resolved through other means without granting a variance, even if the alternative is more expensive, or
requires the property owner to build elsewhere or put the parcel to a different use than originally intended.
“Highest adjacent grade” means the highest natural elevation of the ground surface prior to construction next to
the proposed walls of a structure.
“Historic structure” means any structure that is:
1. Listed individually in the National Register of Historic Places (a listing maintained by the Department of
Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for
individual listing on the National Register;
2. Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical
significance of a registered historic district or a district preliminarily determined by the Secretary to qualify
as a registered historic district;
3. Individually listed on a state inventory of historic places in states with historic preservation programs
which have been approved by the Secretary of Interior; or
4. Individually listed on the city’s master list of historic structures, provided this local inventory is consistent
with state-approved or certified historic preservation programs as determined by the Secretary of the
Interior or directly by the Secretary of the Interior in states without approved programs.
“Levee” means a manmade structure, usually an earthen embankment, designed and constructed in accordance
with sound engineering practices to contain, control or divert the flow of water so as to provide protection
from temporary flooding.
“Levee system” means a flood protection system which consists of a levee, or levees, and associated structures,
such as closure and drainage devices, which are constructed and operated in accord with sound
engineering practices.
“Lowest floor” means the lowest floor of the lowest enclosed area, including basement (see “Basement”
definition).
1. An unfinished or flood resistant enclosure below the lowest floor that is usable solely for parking of
vehicles, building access or storage in an area other than a basement area, is not considered a building’s
lowest floor, provided it conforms to applicable nonelevation design requirements, including, but not
limited to:
a. The flood openings standard in Section 17.84.050(A)(3);
b. The anchoring standards in Section 17.84.050 (A)(1);
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c. The construction materials and methods standards in Section 17.84.050(A)(2); and
d. The standards for utilities in Section 17.84.050(B).
2. For residential structures, all subgrade enclosed areas are prohibited as they are considered to be
basements (see “Basement” definition). This prohibition includes below-grade garages and storage areas.
“Manufactured home” means a structure, transportable in one or more sections, which is built on a permanent
chassis and is designed for use with or without a permanent foundation when attached to the required
utilities. The term “manufactured home” does not include a “recreational vehicle.”
“Manufactured home park or subdivision” means a parcel (or contiguous parcels) of land divided into two or
more manufactured home lots for rent or sale.
“Market value” is defined in the city of San Luis Obispo substantial improvement and damage procedures. See
Section 17.84.040(B)(2).
“Mean sea level” means, for purposes of the National Flood Insurance Program, the National Geodetic Vertical
Datum (NGVD) of 1929 or other datum, to which base flood elevations shown on a community’s flood
insurance rate map are referenced.
“New construction,” for floodplain management purposes, means structures for which the “start of construction”
commenced on or after February 20, 1979, and includes any subsequent improvements to such structures.
“New manufactured home park or subdivision” means a manufactured home park or subdivision for which the
construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including
at a minimum, the installation of utilities, the construction of streets, and either final site grading or the
pouring of concrete pads) is completed on or after February 20, 1979.
“Obstruction” includes, but is not limited to, any dam, wall, wharf, embankment, levee, dike, pile, abutment,
protection, excavation, channelization, bridge, conduit, culvert, building, wire, fence, rock, gravel, refuse, fill,
structure, vegetation or other material in, along, across or projecting into any watercourse which may alter,
impede, retard or change the direction and/or velocity of the flow of water, or, due to its location, its
propensity to snare or collect debris carried by the flow of water, or its likelihood of being carried
downstream.
One-hundred-year flood. See “Base flood.”
“Program deficiency” means a defect in a community’s floodplain management regulations or administrative
procedures that impairs effective implementation of those floodplain management regulations.
“Public safety and nuisance” as related to Section 17.84.060, means that the granting of a variance must not
result in anything which is injurious to safety or health of an entire community or neighborhood, or any
considerable number of persons, or unlawfully obstructs the free passage or use, in the customary manner,
of any navigable lake, or river, bay, stream, canal, or basin.
“Recreational vehicle” means a vehicle which is:
1. Built on a single chassis;
2. Four hundred square feet or less when measured at the largest horizontal projection;
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3. Designed to be self-propelled or permanently towable by a light duty truck; and
4. Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational,
camping, travel, or seasonal use.
“Regulatory floodway” means the channel of a river or other watercourse and the adjacent land areas that must
be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation
more than one foot.
“Remedy a violation” means to bring the structure or other development into compliance with state or local
floodplain management regulations, or if this is not possible, to reduce the impacts of its noncompliance.
Ways that impacts may be reduced include protecting the structure or other affected development from flood
damages, implementing the enforcement provisions of this chapter or otherwise deterring future similar
violations, or reducing state or federal financial exposure with regard to the structure or other development.
“Riverine” means relating to, formed by, or resembling a river (including tributaries), stream, brook, etc.
Sheet flow area. See “Area of shallow flooding.”
“Special flood hazard area (SFHA)” means an area in the floodplain subject to a one percent or greater chance
of flooding in any given year. It is shown on an FHBM or FIRM as zone A, AO, A1-A30, AE, A99, or AH and
includes all areas designated in the city’s waterway management plan as being in the one-hundred-year
floodplain.
“Start of construction” includes substantial improvement and other proposed new development and means the
date the building permit was issued, provided the actual start of construction, repair, reconstruction,
rehabilitation, addition, placement, or other improvement was within one hundred eighty days from the date
of the permit. The actual start means either the first placement of permanent construction of a structure on a
site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work
beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent
construction does not include land preparation, such as clearing, grading, and filling; nor does it include the
installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or
foundations or the erection of temporary forms; nor does it include the installation on the property of
accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main
structure. For a substantial improvement, the actual start of construction means the first alteration of any
wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external
dimensions of the building.
“Structure” means a walled and roofed building that is principally above ground; this includes a gas or liquid
storage tank or a manufactured home.
“Substantial damage” means damage of any origin sustained by a structure whereby the cost of restoring the
structure to its before-damaged condition would equal or exceed fifty percent of the market value of the
structure before the damage occurred.
“Substantial improvement” means:
1. Any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost (cumulatively
within any ten-year period) of which equals or exceeds fifty percent of the market value of the structure
before the “start of construction” of the improvement. This term includes structures which have incurred
“substantial damage,” regardless of the actual repair work performed.
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2. Any reconstruction, rehabilitation or other improvement of a foundation for a structure which equals or
exceeds twenty-five percent of the foundation.
3. Any reconstruction, rehabilitation or other improvement which, by nature of the work, will necessitate
raising the structure off the foundation to complete the work.
The term does not, however, include either:
1. Any project for improvement of a structure to correct existing violations or state or local health, sanitary,
or safety code specifications which have been identified by the local code enforcement official and which
are the minimum necessary to assure safe living conditions; or
2. Any alteration of a “historic structure;” provided, that the alteration will not preclude the structure’s
continued designation as a “historic structure.”
“Variance” means a grant of relief from the requirements of this chapter which permits construction in a manner
that would otherwise be prohibited by this chapter.
“Violation” means the failure of a structure or other development to be fully compliant with this chapter. A
structure or other development without the elevation certificate, other certifications, or other evidence of
compliance required in this chapter is presumed to be in violation until such time as that documentation is
provided.
“Water surface elevation” means the height, in relation to the National Geodetic Vertical Datum (NGVD) of 1929,
North American Vertical Datum (NAVD) of 1988, or other datum, of floods of various magnitudes and
frequencies in the floodplains of coastal or riverine areas.
“Watercourse” means a lake, river, creek, stream, wash, arroyo, channel or other topographic feature on or over
which waters flow at least periodically. Watercourse includes specifically designated areas in which
substantial flood damage may occur.
“XB zone” means the area between the limits of the one percent flooding and the 0.2 percent flooding indicated
as an X zone in the maps and formerly as a B zone in the maps. (Ord. 1494 § 1, 2006)
17.84.030 General provisions.
A.
17.78.030 – General Provisions
A. Lands to Which This Chapter Applies. This chapterChapter shall apply to all areas of special flood hazards, and
where specifically identified, XB zones, within the jurisdiction of the city of San Luis ObispoCity.
B. Basis for Establishing the Areas of Special Flood Hazard. The areas of special flood hazard identified by the
Federal Emergency Management Agency (FEMA) in the “Flood Insurance Study (FIS) for the City of San Luis
Obispo, California in San Luis Obispo County” dated October 1978, with accompanying flood insurance rate maps
(FIRMs) and flood boundary and floodway maps (FBFMs), dated April 1979, and all subsequent amendments
and/or revisions, are hereby adopted by reference and declared to be a part of this chapterChapter. This FIS and
attendant mapping isare the minimum areaareas of applicability of this chapterChapter and may be supplemented
by studies for other areas, including local experience and historical data, which allow implementation of this
chapterChapter and which are recommended to the city councilCouncil by the floodplain administrator to be
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included in the regulated area. The study, FIRMs, and FBFMs are on file at the Department of Public Works, 919
Palm Street.
C. Compliance. No structure or land shall hereafter be constructed, located, extended, converted, or altered without
full compliance with the terms of this chapterChapter and other applicable regulations. Violation of the
requirements (including violations of conditions and safeguards) shall constitute a misdemeanor. Nothing
hereinhere shall prevent the city councilCouncil from taking such lawful action as is necessary to prevent or remedy
any violation.
D. Abrogation and Greater Restrictions. This chapterChapter is not intended to repeal, abrogate, or impair any
existing easements, covenants, or deed restrictions. However, where this chapterChapter and another ordinance,
easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall
prevail.
E. Interpretation. In the interpretation and application of this chapterChapter, all provisions shall be:
1. Considered as minimum requirements;
2. Liberally construed in favor of the governing body; and
3. Deemed neither to limit nor repeal any other powers granted under stateState statutes.
F. Warning and Disclaimer of Liability. The degree of flood protection required by this chapterChapter is
considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger
floods can and will occur on rare occasions. Flood heights may be increased by manmadehuman-made or natural
causes. This chapterChapter does not imply that land outside the areas of special flood hazards or uses
permittedallowed within such areas will be free from flooding or flood damages. This chapterChapter shall not
create liability on the part of the city councilCouncil, any officer or employee thereof, the state of CaliforniaState,
or the Federal Emergency Management Agency, for any flood damages that result from reliance on this
chapterChapter or any administrative decision lawfully made hereunder.
G. Severability. This chapter and the various parts thereof are hereby declared to be severable. Should any section
of this chapter be declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity
of the chapter as a whole, or any portion thereof other than the section so declared to be unconstitutional or invalid.
(Ord. 1494 § 1, 2006)
17.8478.040 – Administration.
A. Designation of the Floodplain Administrator. The director of public works Public Works Director or theirhis/her
designee is hereby appointed to administer, implement, and enforce this chapterChapter by granting or denying
development permits in accord with its provisions.
B. Duties and Responsibilities of the Floodplain Administrator. The duties and responsibilities of the floodplain
administrator shall include but not be limited to the following:
1. Permit Review. Review all development permits to determine:
a. Permit requirements of this chapterChapter have been satisfied, including determination of substantial
improvement and substantial damage of existing structures;
b. The applicant was advised other local, stateState or federalFederal permits may be required;
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c. The site is reasonably safe from flooding;
d. The proposed development does not adversely affect the carrying capacity of areas where base flood
elevations have been determined but a floodway has not been designated. This means that the
cumulative effect of the proposed development when combined with all other existing and anticipated
development will not increase the water surface elevation of the base flood more than one foot at any
point within the city of San Luis ObispoCity;
e. If the proposed development is within a designated in-fillinfill area, special floodplain management zone,
or the Mid-Higuera Specific Plan Area as defined by the Drainage Design Manual, that the more stringent
requirements of the manual have been met; and
f. All letters of map revision (LOMRs) for flood control projects are approved prior to the issuance of building
permits. Building permits must not be issued based on conditional letters of map revision (CLOMRs).
Approved CLOMRs allow construction of the proposed flood control project and land preparation as
specified in the “start of construction” definition.
2. Development of Substantial Improvement and Substantial Damage Procedures.
a. Using FEMA publication FEMA 213, “Answers to Questions About Substantially Damaged Buildings,”
develop detailed procedures for identifying and administering requirements for substantial improvement
and substantial damage, to include defining “market value.”
b. Assure Ensure procedures are coordinated with other departments/divisions and implemented by
communityCommunity Development Department staff.
3. Review, Use, and Development of Other Base Flood Data. When base flood elevation data has not been
provided in accordancecompliance with Section 17.84.030(B), the floodplain administrator shall obtain,
review, and reasonably utilize any base flood elevation and floodway data available from a federalFederal or
stateState agency, or other source, in order to administer Section 17.84.050.
NOTE: A base flood elevation may be obtained using one of two methods from the FEMA publication, FEMA
265, “Managing Floodplain Development in Approximate Zone A Areas – A Guide for Obtaining and
Developing Base (100-Year) Flood Elevations” dated July 1995.
4. Notification of Other Agencies.
a. Alteration or Relocation of a Watercourse.
i.
(1) Notify adjacent communities and the California Department of Water Resources prior to alteration or
relocation;
ii.
(2) Submit evidence of such notification to the Federal Emergency Management Agency; and
iii. Assure
(3) Ensure that the flood carrying capacity within the altered or relocated portion of saidthe watercourse
is maintained.
b. Base Flood Elevation Changes Due to Physical Alterations.
i.
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(1) Within six months of information becoming available or project completion, whichever comes first,
the floodplain administrator shall submit or assureensure that the permit applicant submits technical
or scientific data to FEMA for a letter of map revision (LOMR).
ii.
(2) All LOMRs for flood control projects are approved prior to the issuance of building permitsBuilding
Permits. Building permits must not be issued based on conditional letters of map revision (CLOMRs).
Approved CLOMRs allow construction of the proposed flood control project and land preparation as
specified in the “start of construction” definition.
Such submissions are necessary so that upon confirmation of those physical changes affecting flooding
conditions, risk premium rates and floodplain management requirements are based on current data.
c. Changes in Corporate Boundaries. Notify FEMA in writing whenever the corporate boundaries have
been modified by annexation or other means and include a copy of a map of the community clearly
delineating the new corporate limits.
5. Documentation of Floodplain Development. Obtain and maintain for public inspection and make available
as needed the following:
a. Certification required by Sections 17.84.050 (A)(3) and 17.84.050(D) (lowest floor elevations);
b. Certification required by Section 17.84.050 (A)(3) (elevation or floodproofing of nonresidential structures);
c. Certification required by Section 17.84.050 (A)(3) (wet floodproofing standard);
d. Certification of elevation required by Section 17.84.050(C)(1) (subdivisions and other proposed
development standards);
e. Certification required by Section 17.84.050 (F)(2) (floodway encroachments); and
f. Maintain a record of all variance actions, including justification for their issuance, and report such
variances issued in its biennial report submitted to the Federal Emergency Management AgencyFEMA.
6. Map Determination. Make interpretations, where needed, as to the exact location of the boundaries of the
areas of special flood hazard where there appears to be a conflict between a mapped boundary and actual
field conditions. The person contesting the location of the boundary shall be given a reasonable opportunity
to appeal the interpretation as provided in subsection (D) of this sectionSection.
7. Remedial Action. Take action to remedy violations of this chapterChapter as specified in Section
17.84.030(C).
8. Biennial Report. Complete and submit biennial report to FEMA.
9. Planning. Assure community’s general planEnsure the General Plan is consistent with floodplain
management objectives hereinhere.
10. Nonconversion of Enclosed Areas Below the Lowest Floor. To ensure that the areas below one foot
above the base flood elevation (BFE) shall be used solely for parking vehicles, limited storage, or access to
the building and not be finished for use as human habitation without first becoming fully compliant with the
floodplain management ordinance in effect at the time of conversion, the floodplain administrator shall:
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a. Determine which applicants for new construction and/or substantial improvements have fully enclosed
areas below the lowest floor that are five feet or higher;
b. Obtain a “Conversion Agreement for Construction Within Flood Hazard Areas” or equivalent between the
property owner and the city of San Luis Obispo.City. The agreement shall be recorded with the County
of San Luis Obispo recorder as a deed restriction. The conversion agreement shall be in a form
acceptable to the floodplain administrator and city attorney;City Attorney and:
i.
(1) Condition the property that there shall be no conversion of enclosed areas below the lowest floor
elevation without first becoming fully compliant with this chapterChapter and other cityCity
requirements.
ii.
(2) Have the authority granted to the cityCity to inspect any area of a structure below the base flood
elevation to ensure compliance upon prior notice of at least seventy-two72 hours.
C. Development Permit. A development permit shall be obtained before any construction or other development,
including manufactured homes, within any area of special flood hazard established in Section 17.84.030(B).
Application for a development permit shall be made on forms furnished by the city of San Luis Obispo.City. The
applicant shall provide the following minimum information:
1. 1. Plans in duplicate, drawn to scale, showing:
a. Location, dimensions, and elevation of the area in question, existing or proposed structures, storage of
materials and equipment and their location;
b. Proposed locations of water supply, sanitary sewer, and other utilities;
c. Grading information showing existing and proposed contours, any proposed fill, and drainage facilities;
d. Location of the regulatory floodway when applicable;
e. Base flood elevation information as specified in Sections 17.84.030(B) or subsection (B)(3) of this
sectionSection;
f. Proposed elevation in relation to mean sea level, of the lowest floor (including basement) of all structures;
and
g. Proposed elevation in relation to mean sea level to which any nonresidential structure will be
floodproofed, as required in Section 17.84.050 (A)(3) and detailed in FEMA Technical Bulletin TB 3-93.
2. Certification from a registered civil engineer or architect that the nonresidential floodproofed building meets
the floodproofing criteria in Section 17.84.050(A)(3).
3. For a crawlspace foundation, location and total net area of foundation openings as required in Section
17.84.050(A)(3) and detailed in FEMA Technical Bulletins 1-93 and 7-93.
4. Description of the extent to which any watercourse will be altered or relocated as a result of proposed
development.
5. All appropriate certifications listed in subsection (B)(5) of this sectionSection.
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D. Appeals. The city council of the city of San Luis ObispoCouncil shall hear and decide appeals when it is alleged
there is an error in any requirement, decision, or determination made by the floodplain administrator in the
enforcement or administration of this chapter. (Ord. 1494 § 1, 2006)Chapter.
17.8478.050 – Provisions for flood hazard reduction.Flood Hazard Reduction
A. Standards of Construction. In all areas of special flood hazards, the following standards are required:
1. Anchoring. All new construction and substantial improvements of structures, including manufactured homes,
shall be adequately anchored to prevent flotation, collapse, or lateral movement of the structure resulting from
hydrodynamic and hydrostatic loads, including the effects of buoyancy.
2. 2. Construction Materials and Methods. All new construction and substantial improvements of structures,
including manufactured homes, shall be constructed:
a. With flood -resistant materials, and utility equipment resistant to flood damage for areas below the base
flood elevation;
b. Using methods and practices that minimize flood damage;
c. With electrical, heating, ventilation, plumbing and air conditioning equipment, and other service facilities
that are designed and/or located so as to prevent water from entering or accumulating within the
components during conditions of flooding; and
d. Within zones AH or AO, so that there are adequate drainage paths around structures on slopes to guide
floodwaters around and away from proposed structures.
3. Elevation and Floodproofing.
a. Residential Construction. All new construction or substantial improvements of residential
structures shall have the lowest floor, including basement:
i. In AE, AH, A1-30 zones, elevated one foot above the base flood elevation.
ii. In an AO zone, elevated above the highest adjacent grade to a height one foot above
the depth number specified in feet on the FIRM, or elevated at least three feet above
the highest adjacent grade if no depth number is specified.
iii. In an A zone, without BFEs specified on the FIRM [unnumbered A zone], elevated one
foot above the base flood elevation; as determined under Section 17.84.040(B)(3).
iv. In an XB zone, above the base flood elevation.
Upon the completion of the structure, the elevation of the lowest floor, including basement, shall be certified
by a registered civil engineer or licensed land surveyor, and verified by the community building
inspectorBuilding Official to be properly elevated. Such certification and verification shall be provided to
the floodplain administrator. All new construction or substantial improvements of residential structures
shall have the lowest floor, including basement:
(1) In AE, AH, A1-30 zones, elevated one foot above the base flood elevation.
(2) In an AO zone, elevated above the highest adjacent grade to a height one foot above the depth
number specified in feet on the FIRM, or elevated at least three feet above the highest adjacent
grade if no depth number is specified.
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(3) In an A zone, without BFEs specified on the FIRM [unnumbered A zone], elevated one foot above
the base flood elevation; as determined under Section 17.84.040(B)(3).
(4) In an XB zone, above the base flood elevation.
b. Nonresidential Construction. All new construction or substantial improvements of nonresidential
structures shall either be elevated to conform with subsection (A)(3) of this sectionSection or:
i.
(1) Be floodproofed, together with attendant utility and sanitary facilities, below the elevation
recommended under subsection (A)(3) of this sectionSection, so that the structure is watertight with
walls substantially impermeable to the passage of water;
ii.
(2) Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of
buoyancy; and
iii.
(3) Be certified by a registered civil engineer or architect that the standards of subsection (A)(3) of this
sectionSection are satisfied. Such certification shall be provided to the floodplain administrator.
c. Flood Openings. All new construction and substantial improvements of structures with fully enclosed
areas below the lowest floor (excluding basements) that are usable solely for parking of vehicles, building
access or storage, and which are subject to flooding, shall be designed to automatically equalize
hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwater. Designs for
meeting this requirement must meet the following minimum criteria:
i.
(1) For nonengineered openings:
(a) Have a minimum of two openings on different sides having a total net area of not less than one
square inch for every square foot of enclosed area subject to flooding;
(b) The bottom of all openings shall be no higher than one foot above grade;
(c) Openings may be equipped with screens, louvers, valves or other coverings or devices;
provided, that they permit the automatic entry and exit of floodwater; and
(d) Buildings with more than one enclosed area must have openings on exterior walls for each area
to allow floodwater to directly enter; or
ii.
(2) Be certified by a registered civil engineer or architect.
d. Manufactured Homes.
i.
(1) Manufactured homes located outside of manufactured home parks or subdivisions shall meet the
elevation and floodproofing requirement in subsection (A)(3) of this sectionSection.
ii.
(2) Manufactured homes placed within manufactured home parks or subdivisions shall meet the
standards in subsection (D) of this sectionSection. Additional guidance may be found in FEMA
Technical Bulletins TB 1-93 and TB 7-93.
e. Garages and Low-Cost Accessory Structures.
i.
(1) Attached Garages.
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(a) A garage attached to a residential structure, constructed with the garage floor slab below the
BFE, must be designed to allow for the automatic entry of floodwaters. See subsection (A)(3) of
this sectionSection. Areas of the garage below the BFE must be constructed with flood-resistant
materials. See subsection (A)(2) of this sectionSection.
(b) A garage attached to a nonresidential structure must meet the above requirements or be dry
floodproofed. For guidance on below-grade parking areas, see FEMA Technical Bulletin TB-6.
ii.
(2) Detached Garages and Accessory Structures.
(a) Accessory structures used solely for parking (two-car detached garages or smaller) or limited
storage (small, low-cost sheds), as defined in Section 17.84.020, may be constructed such that
its floor is below the base flood elevation (BFE), provided the structure is designed and
constructed in accordancecompliance with the following requirements:
(i) Use of the accessory structure must be limited to parking or limited storage;
(ii) The portions of the accessory structure located below the BFE must be built using flood-
resistant materials;
(iii) The accessory structure must be adequately anchored to prevent flotation, collapse, and
lateral movement;
(iv) Any mechanical and utility equipment in the accessory structure must be elevated or
floodproofed to or above the BFE;
(v) The accessory structure must comply with floodplain encroachment provisions in
subsection (F) of this sectionSection; and
(vi) The accessory structure must be designed to allow for the automatic entry of floodwaters
in accordancecompliance with subsection (A)(3) of this sectionSection.
(b) Detached garages and accessory structures not meeting the above standards must be
constructed in accordancecompliance with all applicable standards in subsection (A) of this
sectionSection.
B. Standards for Utilities.
1. All new and replacement water supply and sanitary sewage systems shall be designed to minimize or
eliminate:
a. Infiltration of floodwaters into the systems; and
b. Discharge from the systems into floodwaters.
2. On-site waste disposal systems shall be located to avoid impairment to them, or contamination from them
during flooding.
C. Standards for Subdivisions and Other Proposed Development.
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1. All new subdivisions proposals and other proposed development, including proposals for manufactured home
parks and subdivisions, greater than fifty50 lots or five acres, whichever is the lesser, shall:
a. Identify the special flood hazard areas (SFHA) and base flood elevations (BFE).
b. Identify the elevations of lowest floors of all proposed structures and pads on the final plans.
c. If the site is filled above the base flood elevation, the following as-built information for each structure shall
be certified by a registered civil engineer or licensed land surveyor and provided as part of an application
for a letter of map revision based on fill (LOMR-F) to the floodplain administrator:
i.
(1) Lowest floor elevation.
ii.
(2) Pad elevation.
iii.
(3) Lowest adjacent grade.
2. All subdivision proposals and other proposed development shall be consistent with the need to minimize flood
damage.
3. 3. All subdivision proposals and other proposed development shall have public utilities and facilities such as
sewer, gas, electrical and water systems located and constructed to minimize flood damage.
4. All subdivisions and other proposed development shall provide adequate drainage to reduce exposure to flood
hazards.
D. Standards for Manufactured Homes Within Manufactured Home Parks or Subdivisions.
All manufactured homes in special flood hazard areas shall meet the anchoring standards in subsection (A)(1) of this
sectionSection, construction materials and methods requirements in subsection (A)(2) of this sectionSection, flood
openings requirements in subsection (A)(3) of this sectionSection, and garages and low-cost accessory structure
standards in subsection (A)(3) of this sectionSection. Manufactured homes located outside of manufactured home
parks or subdivisions shall meet the elevation and floodproofing requirement in subsection (A)(3) of this Section.
Note: Manufactured homes located outside of manufactured home parks or subdivisions shall meet the elevation
and floodproofing requirement in subsection (A)(3) of this section.
1. All manufactured homes that are placed or substantially improved on sites located: (1a) in a new manufactured
home park or subdivision; (2b) in an expansion to an existing manufactured home park or subdivision; or (3c)
in an existing manufactured home park or subdivision on a site upon which a manufactured home has incurred
“substantial damage” as the result of a flood shall within zones A1-30, AH, and AE on the community’s flood
insurance rate map, shall be elevated on a permanent foundation such that the lowest floor of the
manufactured home is elevated one foot above the base flood elevation and be securely fastened to an
adequately anchored foundation system to resist flotation, collapse, and lateral movement.
2. All manufactured homes to be placed or substantially improved on sites in an existing manufactured home
park or subdivision within zones A1-30, AH, and AE on the community’s flood insurance rate map that are not
subject to the provisions of subsection (D)(1) of this section willSection shall be securely fastened to an
adequately anchored foundation system to resist flotation, collapse, and lateral movement, and be elevated
so that either the:
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a. Lowest floor of the manufactured home is at least one foot above the base flood elevation; or
b. Manufactured home chassis is supported by reinforced piers or other foundation elements of at least
equivalent strength that are no less than thirty-six36 inches in height above grade.
Upon the completion of the structure, the elevation of the lowest floor, including basement, shall be certified by a
registered civil engineer or licensed land surveyor, and verified by the community building inspectorBuilding
Official, to be properly elevated. Such certification and verification shall be provided to the floodplain administrator.
E. Standards for Recreational Vehicles.
1. All recreational vehicles placed in zones A1-30, AH, and AE willshall either:
a. Be on the site for fewer than one hundred eighty180 consecutive days; or
b. Be fully licensed and ready for highway use. A recreational vehicle is ready for highway use if it is on its
wheels or jacking system, is attached to the site only by quick-disconnect-type utilities and security
devices, and has no permanently attached additions; or
c. Meet the permit requirements of Section 17.84.040(C) and the elevation and anchoring requirements for
manufactured homes in subsection (D)(1) of this sectionSection.
F. Floodways. Since floodways are extremely hazardous areas due to the velocity of floodwaters whichthat carry
debris, potential projectiles, and erosion potential, the following provisions apply:
1. Until a regulatory floodway is adopted, no new construction, substantial development, or other development,
including fill, shall be permittedallowed within zones A1-30 and AE, unless it is demonstrated that the
cumulative effect of the proposed development, when combined with all other development, will not increase
the water surface elevation of the base flood more than one foot at any point within the city of San Luis
ObispoCity.
2. If the proposed development is within a designated in-fillinfill area, special floodplain management zone, or
the Mid-Higuera Specific Plan Area as defined by the Drainage Design Manual, the more stringent
requirements of the manual apply.
3. Within an adopted regulatory floodway, the city of San Luis ObispoCity shall prohibit encroachments, including
fill, new construction, substantial improvements, and other development, unless certification by a registered
civil engineer is provided demonstrating that the proposed encroachment shall not result in any increase in
flood levels during the occurrence of the base flood discharge.
4. If subsections (F)(1) and (2) of this sectionSection are satisfied, all new construction, substantial improvement,
and other proposed new development shall comply with all other applicable flood hazard reduction provisions
of this subsection. (Ord. 1494 § 1, 2006)
17.8478.060 – Variance procedure.Procedure for Floodplains
A. Nature of Floodplain Variances. The issuance of a varianceVariance is for floodplain management purposes
only. Insurance premium rates are determined by statute according to actuarial risk and will not be modified by the
granting of a varianceVariance.
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The varianceVariance criteria set forthcontained in this sectionSection of the chapterChapter are based on the
general principle of zoning law that variancesVariances pertain to a piece of property and are not personal in
nature. A varianceVariance may be granted for a parcel of property with physical characteristics so unusual that
complying with the requirements of this chapterChapter would create an exceptional hardship to the applicant or
the surrounding property owners. The characteristics must be unique to the property and not be shared by adjacent
parcels. The unique characteristic must pertain to the land itself, not to the structure, its inhabitants, or the property
owners.
It is the duty of the city councilCouncil to help protect its citizens from flooding. This need is so compelling and the
implications of the cost of insuring a structure built below flood level are so serious that variances from the flood
elevation or from other requirements in this chapterChapter are quite rare. The long-term goal of preventing and
reducing flood loss and damage can only be met if variancesVariances are strictly limited. Therefore, the
varianceVariance guidelines provided in this chapterChapter are more detailed and contain multiple provisions
that must be met before a varianceVariance can be properly granted. The criteria are designed to screen out those
situations in which alternatives other than a varianceVariance are more appropriate.
B. Conditions for Variances.
1. Generally, variancesVariances may be issued for new construction, substantial improvement, and other
proposed new development to be erected on a lot of one-half acre or less in size contiguous to and surrounded
by lots with existing structures constructed below the base flood level, providingprovided that the procedures
of Sections 17.84.040 and 17.84.050 of this chapterChapter have been fully considered. As the lot size
increases beyond one-half acre, the technical justification required for issuing the varianceVariance increases.
2. Variances may be issued for the repair or rehabilitation of “historic structures” (as defined in Section
17.84.020Chapter XX: General Definitions, under Floodplain Management Regulations) upon a determination
that the proposed repair or rehabilitation will not preclude the structure’s continued designation as a historic
structure and the variance is the minimum necessary to preserve the historic character and design of the
structure.
3. Variances shall not be issued within any mapped regulatory floodway if any increase in flood levels during the
base flood discharge would result.
4. Variances shall only be issued upon a determination that the varianceVariance is the “minimum necessary,”
considering the flood hazard, to afford relief. “Minimum necessary” means to afford relief with a minimum of
deviation from the requirements of this chapterChapter. For example, in the case of variances to an elevation
requirement, this means the city councilCouncil need not grant permission for the applicant to build at grade,
or even to whatever elevation the applicant proposes, but only to that elevation which the city councilCouncil
believes will both provide relief and preserve the integrity of the this chapterChapter.
5. Any applicant to whom a varianceVariance is granted shall be given written notice over the signature of a
community officialthe floodplain administrator that:
a. The issuance of a varianceVariance to construct a structure below the base flood level will result in
increased premium rates for flood insurance up to amounts as high as twenty-five25 dollars for one
hundred100 dollars of insurance coverage,; and
b. Such construction below the base flood level increases risks to life and property. It is recommended that
a copy of the notice shall be recorded by the floodplain administrator in the Office of the County of San
Luis Obispo recorder and shall be recorded in a manner so that it appears in the chain of title of the
affected parcel of land.
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6. The floodplain administrator willshall maintain a record of all varianceVariance actions, including justification
for theirhis/her issuance, and report such variances issued in its biennial report submitted to the Federal
Emergency Management Agency.
C. Appeal Board.
C. Authority to Grant Variances. Notwithstanding the provisions of Chapter 17.XX (Variances) of these Zoning
Regulations, the Council shall be responsible for conducting public hearings on Variances pertaining to the
provisions of this Chapter and for acting upon such Variance applications.
1. In passingacting upon requests for variancesVariances, the city councilCouncil shall consider all technical
evaluations, all relevant factors, and standards specified in other sectionsSections of this chapterChapter,
and the:
a. Danger that materials may be swept onto other lands to the injury of others;
b. Danger of life and property due to flooding or erosion damage;
c. Susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on
the existing individual owner and future owners of the property;
d. Importance of the services provided by the proposed facility to the community;
e. Necessity to the facility of a waterfront location, where applicable;
f. Availability of alternative locations for the proposed use which are not subject to flooding or erosion
damage;
g. Compatibility of the proposed use with existing and anticipated development;
h. Relationship of the proposed use to the comprehensive planGeneral Plan and floodplain management
program for that area;
i. Safety of access to the property in time of flood for ordinary and emergency vehicles;
j. Expected heights, velocity, duration, rate of rise, and sediment transport of the floodwaters expected at
the site; and
k. Costs of providing governmental services during and after flood conditions, including maintenance and
repair of public utilities and facilities such as sewer, gas, electrical, and water system, and streets and
bridges.
2. Variances shall only be issued upon a:
a. Showing of good and sufficient cause;
b. Determination that failure to grant the variance would result in exceptional hardship to the applicant; and
c. Determination that the granting of a variance will not result in increased flood heights, additional threats
to public safety, or extraordinary public expense, create a nuisance (see “Public safety and nuisance” in
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Section 17.84.020),public nuisance, cause fraud and victimization of the public, or conflict with existing
local laws or ordinances.
3. Variances may be issued for new construction, substantial improvement, and other proposed new
development necessary for the conduct of a functionally dependent use;, provided, that the provisions of
subsections (C)(1) through (C)(4) of this sectionSection are satisfied and that the structure or other
development is protected by methods that minimize flood damages during the base flood and does not result
in additional threats to public safety and does not create a public nuisance.
4. Upon consideration of the factors of subsection (B)(1) of this sectionSection and the purposes of this
chapterChapter, the city councilCouncil may attach such conditions to the granting of variancesVariances as
it deems necessary to further the purposes of this chapter. (Ord. 1494 § 1, 2006)Chapter.
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CHAPTER 17.80. STREET REGULATIONS
17.80.010 – Building Setback Lines For Master Plan of Streets
Chapter 17.74
BUILDING SETBACK LINES
Sections:
17.74.010
A. Title.
17.74.020 Purpose—Adoption of building setback lines.
17.74.030 Purpose—Protection of master street and highway plan.
17.74.040 Designation on maps—Contents of maps.
17.74.050 City clerk to keep up-to-date copies of maps showing official building setback lines.
17.74.060 Adoption—Planning commission public hearing.
17.74.070 Adoption—Council public hearing.
17.74.080 Adoption—Maps to be a part of chapter provisions—Designation of official centerline.
17.74.090 Laurel Lane.
17.74.100 Foothill boulevard.
17.74.110 South Street.
17.74.120 Johnson Avenue.
17.74.130 Broad Street (Marsh to SE city limits).
17.74.140 Orcutt Road (Broad to Johnson).
17.74.150 California Boulevard and San Luis Drive.
17.74.160 South Higuera Street.
17.74.170 Higuera Street (Marsh to Madonna).
17.74.180 Santa Rosa Street (Monterey to Murray).
17.74.190 Higuera Street (Prado Road to south city limit).
17.74.200 Santa Rosa Street (Monterey to Marsh).
17.74.210 Osos Street (Monterey to Higuera).
17.74.215 Santa Barbara Avenue (High Street to Broad Street).
17.74.220 No new structures to be in setback area—Exceptions.
17.74.230 Appeals from Section 17.74.220 —Procedure.
17.74.240 Enforcement—Nonconforming buildings and structures declared unlawful and a nuisance—
Abatement.
17.74.010 Title.
This chapterChapter shall be known and cited as the “Official Building Setback Line Ordinance” of the city. (Prior code
§ 9300.8)City.
B.
17.74.020 Purpose—Adoption of building setback lines.
Building Setback Lines. This chapterChapter is enacted to enable adoption of official building setback lines for the
cityCity, and to provide for the designation, recording, enforcement of, and appeal from such official building
setback lines. (Prior code § 9300)
C.
17.74.030 Purpose—Protection of master streetMaster Street and highway plan.
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Highway Plan. The purpose of this chapterChapter is to protect the master street and highway plan adopted by the
cityCity. The street and highway plan is beinghas been adopted in order to:
1.
A. Serve as a general guide for the development of streets and highways;
2.
B. Promote the public welfare, safety, and convenience;
3.
C. Provide a comprehensive guide for capital outlay on street and highway improvements in the cityCity;
D. 4. Provide an authentic source of information for residents and investors in the cityCity;
E. To obviate5. Obviate the menace to the public safety and the damage to property values resulting from
inadequate provision of traffic thoroughfares. (Prior code § 9300.1)
17.74.040D. Designation on mapsMaps—Contents of maps.Maps.
A.1. City Engineer. Official building setback lines shall be designated on maps drawn up by the city
engineerCity Engineer at the request of the councilCouncil or at the request of the city planning
commissionPlanning Commission, acting through the councilCouncil.
B2. Scale. The official building setback maps shall show all buildings adjacent to the street, or proposed street,
at a scale of one inch equals fifty50 feet, and they shall show the existing right-of-way widths, if any, as well
as any proposed changes in the street. The maps shall be titled “Official Building Setback Lines of (name of
street or highway).” There shall be statements of adoption by the planning commissionPlanning Commission
and the councilCouncil on each map. (Prior code § 9300.2)
17.74.050E. City clerkClerk to keep upKeep Up-to-date copiesCopies of maps showing official building setback
linesMaps.
A.1. Up-to-Date Maps. The city clerkCity Clerk is instructed to keep up-to-date maps which shall show
the streets or portions of streets upon which official building setback lines have been established.
B.2. Not Recorded. The maps shall not be recorded. (Prior code § 9300.3)
17.74.060 Adoption—
F. Planning commission public hearing.
Commission Public Hearing. In order to adopt any additional building setback line maps, the city planning
commissionPlanning Commission shall be in receipt of the map from the city engineerCity Engineer and shall hold
at least one public hearing thereon. Notice of the hearing shall be givenas set forth in a newspaper of general
circulation in the city at least ten days in advance of the first of such hearings.Chapter XX (Public Notices and
Hearings). The city planning commissionPlanning Commission shall submit its findings in writing to the
councilCouncil within ninety90 days after the notice of the hearing. (Prior code § 9300.4.1)
17.74.070 Adoption—G. Council public hearing.
Public Hearing. Upon receipt of the report from the city planning commissionPlanning Commission, the councilCouncil
shall set a date for at least one public hearing and give public notice of the hearing as prescribed by law.in Chapter
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XX (Public Notices and Hearings). At such time as the hearing is concluded by the councilCouncil, it may adopt
the official building setback line map as an amendment to Section 17.74.080, (Adoption—Maps to be a part of
Chapter provisions—Designation of official centerline),or resubmit the map to the planning commissionPlanning
Commission for further study. (Prior code § 9300.4.2)
17.74.080 Adoption—H. Maps to be a partAre Part of chapter provisions—Designation of official
centerline.
Chapter Provisions. Official building setback line maps and all the notations thereonon the maps are made a part of
this chapterChapter at the time of their adoption by the councilCouncil, and the maps constitute sectionsSections
under this chapterChapter. The centerline shown on any building setback line map is designated as the official
centerline of the street. (Prior code § 9300.4.3)
17.74.090I. Laurel Lane.
The map adopted by Ordinance 48, 1957 Series, is designated as the “Official Building Setback Lines of Laurel Lane,”
dated July 15, 1957, and the building setback line is forty-three43 feet in commercialnonresidential zones and
manufacturing land use districts, and thirty-eight38 feet in residential land use districts, on both sides of the
centerline shown on the map. (Prior code § 9300.4.4)
17.74.100J. Foothill Boulevard.
The map adopted by Ordinance No. 56, 1957 Series, is designated as the “Official Building Setback Lines of Foothill
Boulevard,” and the building setback line is forty-three43 feet in the commercialnonresidential zones and
manufacturing land use districts, and thirty-eight38 feet in residential land use districtszones, on both sides of the
centerline shown on the map, except on Sheets 2A and 3A as amended by Ordinance No. 346, 1966 Series. (Prior
code § 9300.4.5)
17.74.110K. South Street.
The map adopted by Ordinance 85, 1958 Series, is designated as the “Official Building Setback Lines of South Street,”
and the building setback line is forty-three feet43 in commercialnonresidential zones and manufacturing land use
districts, and thirty-eight38 feet in residential land use districtszones, on both sides of the centerline shown on the
map. (Prior code § 9300.4.6)
17.74.120
L. Johnson Avenue.
The map adopted by Ordinance 130, 1959 Series, is designated as the “Official Building Setback Lines of Johnson
Avenue,” and the building setback line is forty-three43 feet in commercial and manufacturing land use districts, on
both sides of the centerline shown on the map. (Prior code § 9300.4.7)
17.74.130
M. Broad Street (- Marsh to SE city limits).
Southeast City Limits. An official building setback line is established on both sides of Broad Street, from Marsh Street
to the southeasterly cityCity limit line, excepting therefrom that portion from Pismo Street to High Street, for forty40
feet from the existing centerline of saidthis portion of Broad Street. (Ord. 1529 § 2, 2010: Ord. 1057 § 2, 1986;
prior code § 9300.4.8)
17.74.140
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N. Orcutt Road (- Broad to Johnson).
. An official building setback line is established on both sides of Orcutt Road, between Broad Street and Johnson
Avenue, in accordancecompliance with the official map designated “Official Building Setback Line for Orcutt Road
between Broad Street and Johnson Avenue” dated November 4, 1963, as amended by the city councilCouncil by
ordinance on February 16, 1982, and as amended by the city councilCouncil by ordinance on August 16, 1994,
on file in the office of the city clerk. Provided, that theCity Clerk. The setback line may be amended in the event
that the city, inCity, at its sole discretion, chooses to construct, or cause to be constructed, improvements which
require a reduced area. (Ord. 1269 § 2, 1994; Ord. 921 § 2, 1982: prior code § 9300.4.9)
17.74.150
O. California Boulevard and San Luis Drive.
The map adopted by Ordinance 313, 1965 Series, is designated as the “Official Building Setback Line of California
Boulevard and San Luis Drive,” saidthis map being dated May 17, 1965. (Prior code § 9300.4.11)
17.74.160P. South Higuera Street.
The map adopted by Ordinance No. 313, 1965 Series, is designated as the “Official Building Setback Line of South
Higuera Street,” saidthis map being dated June 7, 1965. (Prior code § 9300.4.12)
17.74.170Q. Higuera Street (- Marsh to Madonna).
. The official building setback line is established on the west side of Higuera Street from Marsh Street to Madonna
Road, in accordancecompliance with the official map designated “Official Building Setback Line for South Higuera
Street, between Marsh Street and Madonna Road,” dated September 7, 1965, as amended by the city
councilCouncil by ordinance on April 21, 1981, and as amended by the city councilCouncil by ordinance on
September 18, 2001, on file in the office of the city clerk. (Ord. 1399 § 2, 2001: prior code § 9300.4.13)City Clerk.
17.74.180R. Santa Rosa Street (- Monterey to Murray).
. An official building setback line is established along both sides of Santa Rosa Street from Monterey Street to Murray
Street and shall be forty-five45 feet from the centerline of the Santa Rosa Street. No person shall erect or construct,
or cause to be erected or constructed, or begin to erect or construct, any building, wall, fence, sign, or other
structure within the space between the setback lines described in this section,Section and the line of the street in
front of the property on which the setback lines exist. (Prior code § 9300.4.14)
17.74.190S. Higuera Street (- Prado Road to south city limit).
South City Limit. An official building setback line is established along both sides of Higuera Street from Prado Road
to the southerly cityCity limits in accordancecompliance with the map dated January 20, 1969, on file in the office
of the city clerkCity Clerk, and the line shall be forty-two42 feet from the centerline on both sides of Higuera Street.
(Prior code § 9300.4.15)
17.74.200T. Santa Rosa Street (- Monterey to Marsh).
. An official building setback line is established along both sides of Santa Rosa Street between Monterey Street and
Marsh Street in accordancecompliance with the map dated January 20, 1969, on file in the office of the city
clerkCity Clerk and the line shall be forty40 feet from the centerline on both sides of Santa Rosa Street. (Prior code
§ 9300.4.16)
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17.74.210U. Osos Street (- Monterey to Higuera).
. An official building setback line is established along both sides of Osos Street between Monterey Street and Higuera
Street, in accordancecompliance with the official map dated November 3, 1969, on file in the office of the city
clerkCity Clerk, and the line shall be twenty-nine29 feet from the centerline on both sides of Osos Street. (Prior
code § 9300.4.17)
17.74.215V. Santa Barbara Avenue (- High Street to Broad Street).
. An official building setback line is established at thirty-seven37 feet easterly of the existing centerline of Santa Barbara
Avenue, from High Street to Broad Street (State Highway 227), along with seventeen17-foot radius property
returns at the High Street and Roundhouse Avenue intersections, in accordancecompliance with the map dated
November 6, 2001, on file in the office of the city clerk. (Ord. 1401 § 2, 2001)City Clerk.
17.74.220W. No new structuresNew Structures to beBe in setback areaSetback Area—Exceptions.
A.1. Building Setbacks. No building permit shall be issued for and no building or structure shall hereafter
be erected or placed within the official building setback line of streets or highways established by this
chapterChapter, nor within the yardsetback areas designated under Division 1Article 2 of Title 17 of this
codethese Zoning Regulations, measured from the official setback lines established by this chapterChapter,
except as provided for under Section 17.74.230. (Appeals from Section 17.74.220—Procedure).
B.2. Exception for Existing Structures. All buildings or structures as they are presently located and
built along streets named in this chapterChapter, and for which setback lines have been or are hereby
established, are expressly excepted from the effects hereof. (Prior code § 9300.5)
17.74.230X. Appeals from Section 17.74.220—Procedure.
A.1. Council Decision and Findings.
a. Variance Required. The council, upon receipt of a recommendation from the city planning
commission,Council shall hear and decide appeals for variances in the through the Variance procedures
from the strict application of Section 17.74.220, or for the modification of street setback standards or
elimination of the setback ordinance from any property damaged thereby.
B. The owner of any property affected by established official building setback lines may appeal the strict
interpretation of Section 17.74.220, or seek to be excluded from the effect thereof. The appeal shall be made in
writing to the city planning commission.
b. C.Planning Commission Findings. In order to make a recommendation contrary to the provisions stated
in Section 17.74.220, (No New Structures to Be in Setback Area–Exceptions), or to recommend that any
property be completely excepted from the building setback line restrictions, the city planning
commissionCouncil must find:
1. That the property of which the official building setback line is a part of such nature that the owner of the
land will be substantially damaged by the refusal to grant the permit or exception therefrom;
2. That the property will not earn a fair return on the owner’s investment unless the construction involved is
authorized;
3. That the granting of the application is necessary for the preservation of substantial property rights.
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D. Upon receipt of the report from the city planning commission, or upon expiration of sixty days from the time the
applicant filed his or her appeal with the city planning commission, the council shall set a date for a public hearing
thereon with notices as required by law. At the conclusion of the public hearings the council may grant the
applicant a variance from the provisions of Section 17.74.220 or completely except the applicant’s land from the
effect of the official building setback line.
E. In order to grant a variance or exception contrary to Section 17.74.220, the council must find:
1. (1) That the property of which the official building setback line is a part is of such nature that
the owner of the land will be substantially damaged by the refusal to grant the permit or exception
therefrom; or
(2. ) That the property will not earn a fair return on the owner’s investment unless the construction involved
is authorized; or
(3. ) That the granting of the application is necessary for the preservation of substantial property
rights.
F.2. Council Hearing for Building Permit. If property which, by the appeal process, has been excepted
from the official building setback line otherwise fronting thereon, is sought to be used for improvements
whichthat would have been prevented by the effect of the particular building setback line, no building permit
shall be granted without the councilCouncil having first been given sixty60 days within which it may choose,
by resolution, to acquire such of the property as is necessary for future street widening purposes. If the
councilCouncil chooses not to acquire the property, the councilCouncil shall then determine whether a permit
should be granted to the applicant. (Prior code § 9300.6)
17.74.240Y. Enforcement—Nonconforming buildingsBuildings and structures declared unlawfulStructures
Declared Unlawful and a nuisanceNuisance—Abatement.
A.1. Building Official. It shall be the duty of the city official vested with the authority of issuing building
permitsBuilding Official to enforce this chapterChapter. The officialBuilding Official shall not issue any such
permit in conflict with the terms of this chapterChapter, and any such permit or license issued in conflict with
the provisions of this chapterChapter shall be null and void.
B.2. Public Nuisance. Any building or structure erected or moved contrary to the provisions of this
chapterChapter shall be and the same is declared to be unlawful and a public nuisance; and the city
attorneyCity Attorney shall, upon order of the councilCouncil, immediately commence action or proceedings
for the abatement and removal and enjoinment thereof in the manner provided by law, and shall take such
other steps and shall apply to such courts as may have jurisdiction to grant such relief as will abate and
remove such building or structure. (Prior code § 9300.7)
17.80.020 – Street Right-of-Way Dedication and Improvement
Chapter 17.76
STREET RIGHT-OF-WAY DEDICATION AND IMPROVEMENT
Sections:
17.76.010
A. Purpose.
17.76.020 General requirements and procedures.
17.76.030 Special requirements.
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17.76.060 Appeal.
17.76.010 Purpose.
This chapterChapter establishes requirements and procedures for the purchase, dedication, and improvement of the
street right-of-way specified in Chapter 17.74 (Building Setback Lines) and in the circulation elementCirculation
Element of the general plan. (Prior code § 9310)General Plan.
B. 17.76.020 General requirementsRequirements and proceduresProcedures.
1. City Engineer Responsibilities.
A. The city engineerCity Engineer shall establish setback lines and grades for the purchase, dedication, or
improvement of any street right-of-way specified in Chapter 17.74. (Building Setback Lines). The city
engineerCity Engineer shall also resolve any uncertainty regarding these setback lines and grades.
B.2. Recordation of Nonconformities. If purchase or dedication of property creates nonconforming
conditions, the cityCity shall record this nonconformity with the county recorderCounty Recorder for the
information of future property owners.
C.3. Undergrounding of Utilities. When feasible, the cityCity shall ensure that overhead utility lines
along the proposed right-of-way are placed underground prior to completion of the street widening.
D.4. Public Facilities. When funds are available, the cityCity shall ensure that inadequate or deficient
public facilities (water, sewer, fire hydrant, storm drain) are replaced prior to completion of the street widening.
E.5. Street Trees. When funds are available, the cityCity shall ensure that street trees are planted in
conjunction with the street widening. Under specified conditions, the cityCity may require property owners to
plant required trees.
F.6. Private Signs. Replaced private signs shall conform to the current sign ordinance codified in Chapter
15.40.
G.7. Curbside Parking. The cityCity cannot guarantee a permanent right to curbside parking.
H. Any person required to dedicate property or make improvements under the provisions of this chapter, including
any resolutions adopted pursuant to Section 17.76.030, may appeal any determination made by the city engineer
or any application of these provisions to his or her property. The appeal shall be to the council pursuant to the
procedures set forth in Chapter 1.20. If as part of the appeal a request is made to vary from aforementioned
provisions, the appeal shall be granted only upon a finding that imposing the provision appealed from creates an
undue hardship which does not apply to other properties similarly situated.
I.8. Subdivisions. Notwithstanding the provisions of this chapterChapter, new subdivisions shall adhere to the
requirements stated in Title 16 of this code. (Prior code § 9310.1)Municipal Code.
17.76.030 Special requirements.
C. Requirements. The councilCouncil shall adopt a resolution establishing requirements under the following
conditions:
A. 1. Where the cityCity initiates construction of a street widening and purchases property lying within a
proposed right-of-way;
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B. 2. Where a property owner applies to improve property;
C. 3. Where a property owner applies for a use permit;
D. 4. Where a property owner voluntarily dedicates property lying within a proposed right-of-way (Prior
code § 9310.2).
17.76.060 Appeal.
D. Any person required to dedicate land or make improvements under the provisions of this chapterChapter may
appeal to the councilCouncil, in writing, any determination made by the city engineerCity Engineer or the
application of these provisions to his or herthe property. The appeal must be filed prior to execution of the
agreement to make the dedication and/or improvements and must set forth any grounds. If as part of the appeal
a request is made to vary from aforementioned provisions, the appeal shall be granted only upon a finding that
imposing the provision appealed from creates an undue hardship whichthat does not apply to other property
owners affected by this chapter.properties similarly situated. Upon finding by the councilCouncil of such undue
hardship, the councilCouncil may make such modifications in the dedication and improvements as the
councilCouncil deems just. (Prior code § 9310.3)
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ARTICLE 4: REGULATIONS FOR SPECIFIC LAND USES AND ACTIVITIES
CHAPTER 17.86. REGULATIONS FOR SPECIFIC LAND USES AND ACTIVITIES
17.86.010 – Purpose and Applicability
The purpose of this 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, as set forth in Article 2, and for activities that
require special standards to mitigate their potential adverse impacts.
17.16.07086.020 – Accessory Dwelling Units and Guest Quarters
17.21.010
A. Accessory dwelling units.
Purpose and Applicability. The purpose of this Chapter is to prescribe development and site regulations that
apply, except where specifically stated, to Accessory Dwelling Units and Guest Quarters, as defined in Article 9
(Definitions).
B. Accessory Dwelling Units. The provisions in this Subsection shall apply to Accessory Dwelling as defined in
Article 9 (Definitions) and where allowed in compliance with Article 2 (Zones, Allowable Uses, and Development
Standards).
Purpose. The purpose of this Chapter
A. Purpose.
1. The purpose of this chapter is to provide for the creation of accessory dwelling unitsAccessory Dwelling
Units in a manner that is consistent with requirements set forthidentified in California Government Code
Section 65852.2, as amended from time to time.
1. 2. Implementation of this sectionSection 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.
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5. “Primary unit” means the existing single-family residential structure on the site.
2. C. General Requirements.
1. a. Application. Where this sectionSection does not contain a particular type of standard or procedure,
conventional zoning standards and procedures shall apply.
2. b. Areas Where Accessory Dwelling Units Are Allowed. Upon meeting the requirements of this
section, accessory dwelling unitsSection, Accessory Dwelling Units may be established in the following
zones: R-1, R-2, R-3, R-4, and O any zone that allows single-unit dwellings, when the primary use on the
site is a single-family an existing or proposed single-unit dwelling. The existing or proposed single-unit
dwelling is referred to as “primary unit” in this Section.
3. c. Areas Prohibited. Accessory dwelling unitsDwelling Units shall not be established in any
condominium , common interest development 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. d. No Subdivision of Property. No subdivision of property shall be allowed where an accessory
dwelling unitAccessory Dwelling Unit has been established unless the subdivision meets all requirements
of zoningZoning and subdivision regulationsSubdivision Regulations.
5. e. Sale of Property. This sectionSection shall also apply to new owners of property where an
accessory dwelling unit Accessory Dwelling Unit has been established. All conditions of director’s
actionDirector’s Action to allow exceptions to maximum unit size (if applicable), restrictive covenants, and
other contractual agreements with the cityCity shall apply to the property and the new owners.
6. f. Unit Types Allowed. An accessory dwelling unitAccessory Dwelling Unit may be either attached or
detached from the primary single-familyunit dwelling on the lot.
a.
(1) 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.
(2) 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.
g. Size of Accessory Dwelling Unit. The gross floor area of an accessory dwelling unit Accessory Dwelling
Unit shall be no less than an efficiency unit,a 150 square feet and shall not exceed the lesser of fifty50
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 to one thousand two
hundred1,200 square feet by a director’s action, defined above.through the Director’s Action process.
8.h. Limitation on Number. Accessory dwelling unitsDwelling Units are limited to one unit per property.
D. 3. Performance Standards and Compatibility.
1. a. Design Standards. Accessory dwelling unitsDwelling Units shall conform to all applicable
development standards included inof the underlying zone such as , including but not limited to height,
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yardssetback area, parking, and building coverage, etc. An accessory dwelling unitAccessory Dwelling
Unit that conforms to this chapterChapter shall not be considered to exceed the allowable density a
dwelling unit for the lot upon which it is located, and shall be deemed to be a residential use that is
consistent with the existing general plan and zoning designations for the lot.purpose of calculating
density.
a.
(1) Accessory dwelling unitsDwelling Units shall conform to all applicable building and construction
codes.
b.
(2) No passageway, defined aboveas a pathway that is unobstructed clear to the sky and extends from
a street to one entrance of the Accessory Dwelling Unit, shall be required in conjunction with the
construction of a detached accessory dwelling unitDwelling Unit.
c.
(3) No setback shall be required for an existing garage that is converted to an accessory dwelling unit,
and aAccessory Dwelling Unit or to a portion of an Accessory Dwelling Unit.
(4) A setback of no more than five feet from the side and rear lot lines shall be required for an accessory
dwelling unitAccessory Dwelling Unit that is constructed above a garage.
d.
(5) Accessory dwelling unitsDwelling Units shall not be required to provide fire sprinklers if fire sprinklers
are not required for the primary residence.
e.
(6) No additional parking spaces shall be required for an accessory dwelling unitAccessory Dwelling
Unit.
i.
b. Replacement of Required Parking for Primary Unit. When a garage, carport, or covered parking
structure is demolished or converted in conjunction with the construction of an accessory dwelling
unitAccessory Dwelling Unit, replacement parking spaces may be located in any configuration on the
same lot as the accessory dwelling unitAccessory Dwelling Unit, including but not limited to covered
spaces, uncovered spaces, or tandem spaces. Parking shall be permitted only in those locations specified
in these Zoning Regulations.
f.
c. Historic Resources. Accessory dwelling unitsDwelling Units on listed historic properties and in historic
districts shall be found consistent with the historic preservation ordinance, including historic preservation
guidelines and Secretary of the Interior standards for the treatment of historic properties.
g. Where ADUs are being
d. Utility Connection Fees. Where an Accessory Dwelling Unit is created within an existing structure
(primary or accessory), no new utility connection or payment of impact fees shall be required. For all other
ADUsAccessory Dwelling Units, a new utility connection for the ADUAccessory Dwelling Units and
payment of impact fees shall be required.
2. e. Architectural Compatibility. Accessory dwelling units shouldDwelling Units shall be architecturally and
functionally compatible with the primary residence. The accessory dwelling unitAccessory Dwelling Unit
shall comply with the following design standards:
a.
(1) 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.
(2) Materials. The materials of the accessory dwelling unitAccessory Dwelling Unit shall match or be
compatible with the materials of the primary residence on the property.
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Compliance with these design standards shall be reviewed ministerially and be performed during the building permit
application process.
E. 4. Procedure Requirements. An accessory dwelling unitAccessory Dwelling Unit that meets the
standards contained in this sectionSection shall be subject to ministerial review (building permit) and approval
without discretionary review (i.e., use permit, architectural reviewUse Permit, Architectural Review, etc.) or
public hearing. All applications shall be permitted within one hundred twentyWithin 120 days of submission
ofreceiving a complete application, the City shall approve any such application which complies with all
applicable requirements and development standards as set forthidentified in this chapterChapter.
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.
F. 5. Owner-Occupancy. The owner of the property mustshall occupy either the primary residence or the
accessory dwelling unit.Accessory Dwelling Unit. 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 accessory dwelling unitAccessory Dwelling
Unit.
G. 6. Covenant Agreement. Prior to the issuance of building permits for an accessory dwelling
unitAccessory Dwelling Unit, a covenant agreement shall be recorded which discloses the structure’s
approved floor plan and status as an “accessory dwelling unitAccessory Dwelling Unit” and agreeing that the
property will be owner- occupied. This agreement shall be recorded in the office of the county recorderCounty
Recorder to provide constructive notice to all future owners of the property.
H. 7. Violations. Violation of any of the provisions shall be subject to basic code enforcement action as
provided in Title 1. (Ord. 1634 § 4, 2017) of the Municipal Code.
C.
17.16.060 – Guest Quarters
17.21.020 Guest quarters.
A. Purpose and Intent.
1. 1. The purpose of this section is to establish regulations for the development of guest quarters as an approved
accessory use to a primary residential unit.
2. Regulations on guest quarters are established to prevent conversion of guest quarters into unpermitted
living space to ensure that such structures are not used as separate dwelling units.
3. Unpermitted conversion of guest quarters could result in effects detrimental to the public health, safety,
and welfare of the community, including but not limited to fire and life safety threats, adverse
neighborhood parking, traffic congestion and noise impacts, and creation of nuisances related to
increased, unpermitted residential density without appropriate permit conditions and mitigations, and the
maintenance of unsafe or unsanitary permanent living quarters not permitted or intended to support
primary residential uses.
B. Applicability.
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1. This section applies to guest quarters as defined in Section 17.100.070, “Guest quarters,” and provided
below:
a. Guest Quarters. A separate accessory space, attached or detached, which contains bathroom
facilities including toilets, bathing facilities, showers, or sinks but does not contain a kitchen (see
“kitchen” definition in Section 17.100.110). Guest quarters may only be used in conjunction with a
primary residence that contains a kitchen and may consist of detached structures or additions to
primary structures. Guest quarters shall be no larger than four hundred fifty square feet. Guest
quarters shall comply with the requirements of this section.
2. This section does not apply to legally established dwellings, or secondaryaccessory dwelling units and, or
accessory structures which are separately defined in Sections 17.21.010 and 17.21.030 respectively.
3. This section does not apply to legally established guest quarters (previously titled guest houses)
permitted prior to the effective date of the ordinance codified in this chapter (August 14, 2014).
2. C.Chapter XX: General Definitions.
General Requirements.
3. 1. Guest quarters shall conform to all applicable zoning regulations such as height, yards, parking, building
coverage, etc., and shall be subject to the following provisions:
a. Accessory to Primary Residence. Guest quarters may only be used in conjunction with a primary
residence that contains a kitchen and may consist of detached structures or additions to primary
structures.
b. Size. Guest quarters shall be no larger than four hundred fifty square feet. a.
c. Density and Development Standards. Guest quarters shallSize. The structure must be consistent with
density provisions and development standards of the underlying zone. For the purposes of calculating
density in multifamily zones, guest quarters will be considered an additional bedroom, accessory to the
primary unit. The structure may not exceed four hundred fifty square feet and shall remain in an open
floor plan (studio configuration).
b. Areas Where
d. Zones in Which Guest Quarters May Be Allowed. Upon meeting the requirements in this
sectionSection, guest quarters may be established in the following zones: R-1, R-2, R-3, R-4, and O,
when the primary use on the site is a single-family dwelling.
c.
e. Areas Prohibited. Guest quarters shall not be allowed on nonconforming lots. Guest quarters 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.
Guest quarters shall not be allowed on lots with an existing accessory dwelling unit.
d.
f. Owner Occupancy. The property must be occupied by the property owner as the owner’s primary place
of residence. If a property can no longer be occupied as the owner’s primary place of residence, the guest
quarters may continue to be used as habitable space (e.g., office, pool house, art studio) but can no
longer be used as overnight sleeping quarters.
e.
g. No Separate Rental. Guest quarters may not be rented separately from the primary dwelling unit.
f.
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h. No Kitchen Facilities. No facilities meeting the definition of a “kitchen” in Section 17.100.110as defined
in Chapter XX (General Definitions) may be installed and plumbing shall be provided for bathroom use
only. No plumbing may be provided to “wet bars,” dishwashers, or any features whichthat could be used
for a kitchen. Plans approved for construction of guest quarters shall not include countertops or plumbing
designed for subsequent installation of sinks, dishwashers, garbage disposals, or any other features
consistent with the definition of a “kitchen.”
D. 4. Procedure Requirements. Prior to filing building plans with the city building division, the following
shall be met:
1. a. Architectural Review Required. All requests shall be reviewed for consistency with the city’s
community design guidelinesCity’s Community Design Guidelines and architectural review ordinance.this
Section. The directorDirector shall determine, upon receiving a complete application, whether the project
shall be forwarded to the architectural review commissionArchitectural Review Commission for review.
All new development projects within historic districts or within properties that contain designated historic
structures shall be referred to the cultural heritage committee to be reviewed for consistency with
Secretary of Interior standards for treatment of a historic property.
2. b. Application Contents. A guest quarters permit shall be approved by the directorDirector prior to the
submittal of documents requesting construction approval. No additional application fees for architectural
review shall be required.
3. Additional Requirements.
a. c. Owners Agreement with the City. Prior to the issuance of construction permits, a covenant
agreement shall be recorded whichthat discloses the structure’s approved floor plan and status as “guest
quarters,” which cannot be used as an independent dwelling unit, and may only be used in conjunction
with the primary residence that contains a kitchen. This agreement shall be recorded in the office of the
county recorder to provide constructive notice to all future owners of the property. The covenant
agreement also may contain authorization for annual inspections, and to allow the cityCity upon
reasonable time and notice to inspect the premises for compliance with the agreement and to verify
continued compliance with requirements of this sectionSection and healthHealth and safetySafety codes.
If a property can no longer be occupied as the owner’s primary place of residence, the guest quarters
may continue to be used as habitable space (e.g., office, pool house, art studio) but canshall no longer
be used as overnight sleeping quarters.
E. Appeal. Appeal procedures for this section shall be as provided by Chapter 17.66 (Appeals). (Ord. 1606 § 6 (part),
2014)
5. Conversion of Guest Quarters to an Accessory Dwelling Unit. A legally established guest quarters may
either be retained in its configuration or be converted to an Accessory Dwelling Unit in compliance with the
provisions of this Chapter; however, only one accessory dwelling unit or guest quarters is allowed per property.
17.86.030 – Adult Entertainment Businesses
Chapter 17.95
ADULT ENTERTAINMENT BUSINESSES
Sections:
17.95.010
A. Purpose and intent.Intent.
17.95.020 Definitions.
17.95.030 Location of adult entertainment businesses.
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17.95.040 Design and performance standards.
17.95.050 Severance clause.
17.95.060 Violations.
17.95.010 Purpose and intent.
The purpose and intent of this chapterChapter is to regulate adult businesses which, unless closely regulated, tend to
have serious secondary effects on the community, including, but not limited to, the following: depreciation of
property values; increase in vacancies in residential and commercial areas in the vicinity of adult businesses;
interference with residential property owner’s enjoyment of their properties when such properties are located in
the vicinity of adult businesses, as a result of increases in crime, litter, noise, and vandalism; higher crime rates in
the vicinity of adult businesses; and blight conditions such as inadequate maintenance of commercial premises
and parking lots, which thereby have a deleterious effect upon adjacent areas. Special regulation of these
businesses is necessary to prevent these adverse effects and the blighting or degradation of the neighborhoods
in the vicinity of adult businesses.
It is neither the intent nor the effect of these regulations to impose limitations or restrictions on the content of any
communicative material. Similarly, it is neither the intent nor the effect of these regulations to restrict or deny
access by adults to communicative materials or to deny access by the distributors or exhibitors of adult business
to their intended lawful market.
Nothing in these regulations is intended to authorize, legalize, or permit the establishment, operation, or
maintenance of any business, building, or use which violates any cityCity 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)
17.95.020B. Definitions.
For the purposes of this chapter the following terms shall be defined as follows:
1. A. “Adult entertainment business” shall mean those businesses as defined as follows:
a. 1. Adult bookstore, adult novelty store, or adult video store is an establishment with more than twenty-
five percent of: (a) its floor area devoted to; or (b) stock-in-trade consisting of; or (c) gross revenues
derived from, and offering for sale for any form of consideration, any one or more of the following:
a.
(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 c.
(3) 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.”
b. 2. “Adult live entertainment theater” means any place, building, enclosure or structure, partially or entirely
used for “live adult entertainment” performances or presentations characterized by an emphasis on
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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.
c. 3. “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.
d. 4. “Adult motion picture theater” means any business, other than a hotel or motel which provides closed
circuit viewing to each individual room as a secondary service to its motel customers, with the capacity
for five or more persons where, for any form of consideration, films, motion pictures, video cassettes,
slides, or similar photographic reproductions in which the predominant character and theme is
distinguished or characterized by its emphasis on matter depicting or relating to “specified sexual
activities” or “specified anatomical areas” as defined in this section. This includes, without limitation,
showing any such slides, motion pictures or videos by means of any video tape system which has a
display, viewer, screen, or a television set.
e. 5. “Exceptions.”. An “adult entertainment business” shall not include:
a.
(1) Bona fide medical establishments operated by properly licensed and registered medical and
psychological personnel with appropriate medical or professional credentials for the treatment of
patients.
b.
(2) Persons depicting “specified anatomical areas” in a modeling class operated:
(1)
(a) By a college, junior college, or university supported entirely or partly by public revenue; or
(2)
(b) 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
(3)
(c) In a structure operated either as a profit or not-for-profit facility:
(a)
(i) which has no sign visible from the exterior of the structure and no other advertising that
indicates a nude person is available for viewing; and
(b)
(ii) 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.
B. “Establish.” “Establish” shall mean and include any of the following:
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1. The opening or commencement of any adult entertainment business as defined in this section; or
2. The conversion of an existing business, whether or not an adult entertainment business, to any adult
entertainment business as defined in this Section; or
3. The relocation of any adult entertainment business; or
4. The addition of any of the “adult entertainment businesses” defined herein to any other existing adult
entertainment business.
2. C. “Specified anatomical areas.” “Specified anatomical areas” shall include the following:
1. a. Less than completely and opaquely covered human genitals, pubic region, buttock, anus, and/or the
female breast below a point immediately above the top of the areola; and
2.b. Human male genitals in a discernibly turgid state, even if completely and opaquely covered.
D. 3. “Specified sexual activities.” “Specified sexual activities” shall include the following:
1. a. Actual or simulated sexual intercourse, oral copulation and intercourse, oral-anal copulation,
bestiality, direct physical stimulation of unclothed genitals, flagellation or torture in the context of sexual
relationship, or the use of excretory functions in the context of a sexual relationship, and any of the
following sexually oriented acts or conduct: anilingus, buggery, coprophagy, coprophilia, cunnilingus,
fellation, necrophilia, pederasty, pedophilia, piquerism, sapphism, zooerasty; or
2. b. Clearly depicted human genitals in a state of sexual stimulation, arousal or tumescence; or
3. c. Human or animal masturbation, sodomy, oral copulation, coitus, ejaculation; or
4.d. Fondling or touching of nude human genitals, pubic region, buttocks or female breast; or
5. e. Masochism, erotic or sexually oriented torture, beating or the infliction of pain; or
6. f. Erotic or lewd touching, lewd fondling or other lewd contact with an animal by a human being; or
7. g. Human excretion, urination, menstruation, vaginal or anal irrigations.
E. 4. “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.
F. 6. “Operator.” “Operator” shall mean and include the owner, custodian, manager or person in charge
of any adult entertainment business.
G. 7. “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.
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H. 8. “Person.” “Person” shall mean an individual, proprietorship, partnership, corporation, association,
or other legal entity.
I. 9. “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.
J. 10. “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 mobilehomemobile home
park as defined in this Code.
K. 11. “School.” “School” shall mean any public or private educational facility primarily attended by minors,
including but not limited to, large family day care homes, nursery schools, preschools, kindergartens,
elementary schools, primary schools, intermediate schools, junior high schools, middle schools, high schools,
secondary schools, continuation schools, and special education schools, and includes school grounds.
L. 12. “Sensitive uses.” “Sensitive uses” shall include religious institutions, residential zones and schools.
(Ord. 1286 § 1, 1995)
17.95.030C. Location of adult entertainment businessesAdult Entertainment Businesses.
A. 1. No person shall operate or establish an “adult entertainment business,” as defined in this Code, in
any area of the cityCity, except the retail-commercial (C-R) zone or the tourist commercial (C-T) zone.
B. 2. 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 cityCity except the retail-commercial (C-R) zone or the tourist-commercial (C-T) zone.
C. 3. 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:
1. a. The establishment or operation of an adult entertainment business shall be subject to the locational
criteria setting forth minimum distances from the sensitive uses and zones as follows:
a. Seven hundred
(1) 700 feet from any parcellot of land which is locate in a residential zone.
b. Seven hundred
(2) 700 feet from any parcellot of land upon which a religious institution or school is located.
2. b. For the purpose of this chapterChapter, all distances shall be measured in a straight line, without
regard for intervening structures, using the closest property lines of the parcelslots of the land involved.
(Ord. 1286 § 1, 1995)
17.95.040D. Design and performance standards.
Performance Standards. The establishment or operation of an adult entertainment business shall comply with the
applicable fees and site development standards, including, but not limited to, parking and design review, and the
requirements of the Uniform Codes adopted pursuant toin compliance with Chapter 15.04 of the San Luis Obispo
Municipal Code. An adult entertainment business shall comply with the applicable cityCity business tax
requirements. In addition, adult entertainment businesses shall comply with the following design and performance
standards:
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A. 1. Signs, advertisements, displays, or other promotional materials depicting or describing “specified
anatomical areas” or “specified sexual activities” or displaying instruments, devices, or paraphernalia which
are designed for use in connection with “specified sexual activities” shall not be shown or exhibited so as to
be discernible by the public beyond the walls of the building or portion thereof in which the adult entertainment
business is conducted.
B. 2. Each adult entertainment business shall have a business entrance separate from any other nonadult
business located in the same building.
C. 3. All building openings, entries, and windows for an adult entertainment business shall be located,
covered or screened in such a manner as to prevent a view into the interior of an adult entertainment business
from any area open to the general public.
D. 4. No adult entertainment business shall be operated in any manner that permits the observation by
the public of any material or activity depicting, describing, or relating to “specified sexual activities” or
“specified anatomical areas” from any public way or from any location beyond the walls of the building or
portion thereof in which the adult entertainment business is conducted.
E. 5. The building entrance to the adult entertainment business shall be clearly and legibly posted with a
notice indicating that minors are precluded from entering the premises.
F. 6. No loudspeakers or sound equipment shall be used by adult entertainment businesses for
amplification of sound to a level discernible by the public beyond the walls of the building or portion thereof in
which the adult entertainment business is conducted.
G. 7. Each adult entertainment business shall be provided with a manager’s station which shall be used
for the purpose of supervising activities within the business. A manager shall be on the premises during all
times that the adult entertainment business is open to the public.
H. 8. 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.
I. 9. No individual viewing area may be occupied by more than one person at any one time. “Individual viewing
area” shall mean a viewing area designed for occupancy by one person. Individual viewing areas of the adult
entertainment business shall be operated and maintained without any hole or other opening or means of direct
communication or visual or physical access between the interior space of two or more individual viewing
areas.
J. 10. Off-street parking shall be provided for the adult entertainment business as specified in
accordancecompliance with the parking provisions of San Luis Obispo Municipal Code Section
17.16.060xx.xxx.
K. 11. An off-site security program shall be prepared and implemented including the following items:
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1. a. 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 (tenfoot candle (10 luxes) (one candlepower) of light on the
parking surface and/or walkway.
2. b. 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 (twentyfoot candles (20
luxes) (two candlepower) of light on the floor surface. (Ord. 1286 § 1, 1996)
17.95.050E. Severance clause.
Clause. If any section, subsection, paragraph, subparagraph or provision of this chapterChapter or the application
thereof to any person, property or circumstance is held invalid, the remainder of the chapterChapter and the
application of such to other persons, properties or circumstances shall not be affected thereby. (Ord. 1286 § 1,
1995)
17.95.060F. Violations.
It shall be unlawful to establish or operate an adult entertainment business in violation of this chapterChapter. Any
person who violates any provision of this chapter shall be guilty of a misdemeanor. Nothing in this chapterChapter
shall be deemed or constituted to prevent the city from commencing any civil proceeding otherwise authorized by
law for the declaration or abatement of a public nuisance. (Ord. 1286 § 1, 1995)
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17.86.040 – Alcoholic Beverage Sales - Deemed Approved Regulations
Chapter 17.11
DEEMED APPROVED ALCOHOLIC BEVERAGE SALE REGULATIONS
Sections:
17.11.010 Title, purpose, and applicability.Standards
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 chapterSection
shall be known as the “deemed approved alcoholic beverage sale regulations.”
B. Purpose of Deemed Approved Alcoholic Beverage Sale Sales - Deemed Approved Regulations.”
B. Purpose of Alcoholic Beverage Sales - Deemed Approved 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 permitMinor Use Permit or Conditional Use Permit approval prior to the effective
date of the deemed approved alcoholic beverage sale regulations comply with the deemed approved performance
standards of Section 17.11.030xxx.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 chapterSection are not the source of undue public nuisances
in the community;
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.
C. Applicability of Deemed Approved Alcoholic Beverage Sale Sales - Deemed Approved Regulations. This
chapterSection shall apply to the following alcoholic beverage salesales commercial activities within the cityCity
which have been established without use permit approval prior to the effective date of the ordinance codified in
this chapter,Section and as defined in Chapter 17.100: bars/taverns, restaurantsArticle 9 (Definitions): 1) Eating
and Drinking Establishments: Bars, Nightclubs, and Taverns, 2) Eating and Drinking Establishments – Restaurant
with late- hour alcohol service, liquor stores and nightclubsand 3) Food and Beverage Sales – Liquor Stores.
1. D. Duplicated Regulation. Whenever any provision of this chapterSection and any other provision of law,
whether set forthidentified in this codeCode, 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
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provision which is more restrictive or imposes higher standards shall control, except as otherwise expressly
provided in this chapterSection.
D. E. Administrative Hearing Officer. There is created an alcoholic beverage sales administrative hearing officer
(administrative hearing officer) appointed by the city managerCity Manager. 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 cityCity officers or bodies in the field of monitoring and ensuring the harmony of alcoholic
beverage sale commercial activities in the cityCity. These parties shall have the powers and duties assigned to
them by the zoning regulationsZoning Regulations, other codes and ordinances, City Charter, or by valid
administrative authority. (Ord. 1578 § 3 (part), 2012)
17.11.020F. 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. in this Section shall be
consistent with Article 9 (Definitions).
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.
“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 Deemed approved performance standards.
A. G. Alcoholic Beverage Sales - Deemed Approved Performance Standards.
1. Title and Purpose. The provisions of this sectionsubsection shall be known as the “deemed approved
performance standardsDeemed Approved Performance Standards.” The purpose of these standards is to
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control dangerous or objectionable environmental effects of alcoholic beverage sales commercial activities
applicable to this chapter. Section.
B. Applicability.2. Standards. These standards shall apply to the following alcoholic beverage sales
commercial uses listed in Section 17.11.020xx.xxx : “Eating and Chapter 17.100: bar/tavern,
restaurantDrinking Establishments – Bars, Nightclubs, and Tavern” and ““Eating and Drinking Establishments
– Restaurant with late-hour alcohol service, liquor store/alcohol sales, and nightclub,”, and “Food and
Beverage Sales – Liquor Store,” as defined in Chapter 17.100.Article 9 (Definitions). This section is
applicable to these uses under the following circumstances:
a. 1. Alcoholic beverage commercial uses which have been established without use permit approval prior
to the effective date of the ordinance, June 18, 2012, codified in this chapterSection.
2. b. Alcoholic beverage commercial uses which are inconsistent with Table 9 (Uses Allowed by Zone) of
this titleTitle and have been established prior to the effective date of the ordinance codified in this
chapterSection.
C. 3. 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:
1.
a. That it does not result in adverse effects to the health, peace or safety of persons residing or working in
the surrounding area;
2. b. That it does not result in jeopardizing or endangering the public health or safety of persons residing
or working in the surrounding area;
3. c. 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 inbetween the late night or early morning hours of 12:00 midnight and 7:00 AM,
traffic violations, curfew violations, lewd conduct, or police detentions and arrests;
4. d. That it does not result in violations to any applicable provision of any other city, stateCity, State, or
federalFederal regulation, ordinance or statute; and
5. e. 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)
17.11.040H. Deemed approved status procedureApproved Status Procedure.
A. 1. Deemed Approved Status Procedure. The provisions of this section shall be known as the
“deemed approved status procedure.”Alcoholic Beverage Sales - Deemed Approved Status Procedure.” The
purposepurposes of these provisions isare 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.
B. 2. Automatic Deemed Approved Status. All alcoholic beverage sales commercial activities applicable
to this chapter perSection in compliance with Section 17.11.030(B)xxx.xx shall automatically become deemed
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approved activities as of the effective date of the ordinance codified in this chapterSection. Each such deemed
approved activity shall retain its deemed approved status as long as it complies with the deemed approved
performance standards in Section 17.11.030(C).xxx.xx.
C. 3. 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.
D. 4. 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 17.11.030(C),xx.xxx, and
once it is determined by the cityCity that violations appear to be occurring, then a public hearing will be
scheduled before the administrative hearing officer, as follows:
1. The administrative hearing officera. The Director 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 thirty30 calendar days’ advance notice of the public hearing. Interested
parties are defined as those that have made a request with the city clerkCity Clerk 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.
2. b. 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.
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.
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
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procedures established by the cityCity, shall not constitute grounds to cancel the public hearing or
invalidate the actions for which the notice was given.
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 city’sCity’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.
3. c. 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. or on the premises. At the public hearing, the administrative hearing officer shall
determine whether the deemed approved activity conforms to the deemed approved performance
standards set forthidentified in Section 17.11.030(C)xxx.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 ten10
calendar days after the date of decision unless appealed to the city planning commissionPlanning
Commission in accordancecompliance with ChapterSection 17.66xxx.xx.
E. 5. 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 forthidentified in Sections
17.11.010xxx.xx through 17.11.03017xx.xxx, 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 17.11.010 through 17.11.030 exist.xxx.xx. The administrative 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 ten10 calendar days after the date of decision unless
appealed to the city planning commissionPlanning Commission in accordancecompliance with subsection F
of this section. The decision of the planning commissionPlanning Commission shall be final unless appealed
to the city councilCouncil in accordancecompliance with subsection G7 of this section.
F. 6. Appeal to Planning Commission. Appeals of the decisions of the administrative hearing officer
may be filed in accordancecompliance with ChapterSection 17.66, xxx.xx (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
commission on the appeal to the conditions of approval imposed by the administrative hearing officer shall be
final.
G. 7. Appeal to City Council. Appeals of the decisions of the planning commissionPlanning Commission
may be filed in accordancecompliance with Chapter 17.66, XX (Appeals.). In considering the appeal, the
councilCouncil shall determine whether the deemed approved activity conforms to the applicable deemed
approved performance standards, and may approve or disapprovedeny 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)
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17.11.050I. Enforcement procedureProcedure.
A. 1. Applicability. The provisions of this sectionsubsection shall apply to the enforcement of this
chapterSection.
B. 2. Official Action. All officials, departments, and employees of the cityCity vested with the authority to
issue permits, certificates, or licenses shall adhere to, and require conformance with, this chapterSection.
C. 3. Infractions. Any person who violates, causes, or permits another person to violate any provision of
this chapterSection is guilty of an infraction unless otherwise provided.
D. 4. 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 chapterSection is committed,
continued, permittedallowed, or caused by such violator and shall be punishable accordingly.
E.5. Any Violation a Public Nuisance. In addition to the penalties provided in this sectionsubsection, any use or
condition caused or permittedallowed to exist in violation of any of the provisions of this chapterSection shall
be and is declared to be a public nuisance and may be summarily abated as such by the cityCity.
F. 6. Injunction as Additional Remedy. Any violation of any provision of this chapterSection shall be and
is declared to be contrary to the public interest and shall, at the discretion of the cityCity, create a cause of
action for injunctive relief.
G. 7. Penalties. Any person convicted of an infraction under the provisions of this sectionsubsection shall
be punishable by a fine to the maximum permittedallowed under stateState law. Any violation beyond the
second conviction within a one-year period may be charged by the city attorneyCity Attorney as a
misdemeanor, and the penalty for conviction shall be punishable by a fine or imprisonment to the maximum
permittedallowed under stateState law.
H. 8. 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 cityCity or any of its contractors in correction,
abatement, and prosecution of the violation.
I. 9. Enforcement. The cityCity shall designate the appropriate personnel to enforce the provisions of these
regulations.
17.86.050 – Alcoholic Beverage Sales – Bar, Live Entertainment, Late Night Service
A. Purpose and Applicability. The provisions in this Section shall apply to Bars, Live Entertainment and Late-Night
Alcohol Services as defined in Article 9 (Definitions) and where allowed in compliance with Article 2 (Zones,
Allowable Uses, and Development Standards). The purpose of this Section is to protect and promote the public
health, safety, comfort, convenience, prosperity, and general welfare, and to ensure operations are compatible
with surrounding neighborhoods.
B. Alcohol Outlet Operational Requirements. The following standards shall apply to all Alcohol Outlets and shall
be incorporated into conditions of approval of the associated Minor Use Permit or Conditional Use Permit:
1. Noise. The proposed use shall operate in conformance with the City Noise Ordinance (M.C. Chapter 9.12,
Noise Control) to maintain compatibility with the nearby residences and businesses. The applicant shall make
reasonable efforts to minimize the potential for adverse noise and crowd impacts on adjacent establishments
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and nearby residences, including, but not limited to, ensuring that all windows and doors are closed no later
than 10:00 p.m., nightly.
2. Hours of Operation. Hours of operation for the alcohol services shall not be outside the hours from 8:00 AM
until 11:00 PM each day of the week, unless otherwise specified by a Use Permit.
3. Menu Service. Full food service shall be available at all times alcohol is served. The restaurant shall have full
meals and restaurant service available during all hours of operation, consistent with the approved hours of
operation for the proposed use, unless otherwise specified by the Use Permit.
4. Events. Tables, chairs, and the general floor plan layout shall remain consistent with approved plans and may
not be removed or modified for late night operation or special events to create a performance stage, dance
floor, or similar area for performance/assembly unless approved by a separate City-issued permit.
5. Entertainment. Entertainment shall maintain an ambient level, which is clearly incidental, that allows for
normal conversation levels, and for which no cover fee or ticket is required. Live or amplified entertainment
that meets the definition of a Live Entertainment venue shall not be allowed without the approval of a Live
Entertainment Permit. Upon review of a Live Entertainment Permit, the hours of operation may be re-evaluated
or restricted.
6. Employee Training. All employees shall attend ABC LEAD Training or equivalent training. The property
management shall be responsible for on-going security/safety training to accommodate changes in personnel.
The property management is responsible at all times for verifying the legal age of patrons, for monitoring
patrons’ on-site alcohol consumption, and for declining to serve alcohol to patrons who demonstrate signs of
intoxication or impairment associated with alcohol consumption, based on training provided to all staff. The
property management shall not permit its patrons to leave the licensed premises with any alcoholic beverage
or to consume alcoholic beverages on any property adjacent to the licensed premises under the control of the
licensee(s).
7. Security. The applicant shall submit a security plan for approval by the Police Department. The applicant shall
maintain and operate a video recording system that records activity at all entrances and exits during all business
hours. The video shall be of a quality suitable for later identification of customers and staff. It will be recorded
in a manner that may be retrieved and provided to police immediately upon demand. Video data shall be
retained for a minimum of 72 hours or as otherwise required by law.
8. Alcohol License. Business shall be conducted in a manner that will not violate any provisions of the California
Alcoholic Beverage Control Act, prohibiting the sale of alcohol to minors; maintaining the public health, morals,
convenience, and safety; and taking reasonable steps to correct any objectionable conditions on the premises
and immediately adjacent to the premises.
C. Required Findings. In order to grant approval of a Minor Use Permit or Conditional Use Permit, the review
authority shall make the following findings in addition to findings contained in Article 6 (Permit Procedures):
1. The (Ord. 1578 § 3 (part),use shall be consistent with the Zoning Regulations and the 2012) Alcohol Outlet
Regulations to reduce public safety problems associated with alcoholic beverage sales and provide for
properly maintained alcohol outlets so that negative impacts generated by these activities are not harmful to
the surrounding environment.
2. Motor Fuel and The use will not result in adverse effects to the health, peace, or safety of persons residing or
working in the surrounding area;
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3. The use will not result in jeopardizing or endangering the public health or safety of persons residing or working
in the surrounding area;
4. The use will not result in violations to any applicable provision of any other City, State, or Federal regulation,
ordinance or statute; and
5. The use is compatible with and will not adversely affect the livability or appropriate development of abutting
properties and the surrounding neighborhood.
D. Restrictive Conditions. The review authority is allowed to impose conditions to satisfy the requirements of the
Municipal Code and to impose more restrictive conditions than outlined in C above prior to approving an Alcohol
Outlet.
17.86.060 – Alcoholic Beverages and Motor Fuel – Concurrent Sales
17.08.040 Concurrent sales of motor fuel and alcoholic beverages.
General Prohibition. Concurrent sales of motor fuel and alcoholic beverages at a service/fueling station other than
beer or wine are prohibited. The concurrent sales of motor fuel and beer or wine at a service station shall be subject
to the approval of an administrative use permit and the following:
1. A. There shall be no sales of beer or wine for on-site consumption;
1. B. Beer or wine may be sold only in conjunction with selling groceries and other sundries and convenience
items;
1. C. There shall be no advertisement or display of beer or wine visible from off the premises;
1. D. No beer or wine shall be displayed within five feet of the cash register or front door;
1. 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;
1. F. No sales of beer or wine shall be made from a drive-in window;
1. G. No display or sales of beer or wine shall be made from an ice tub;
H. Employees on duty between the hours of ten p.m. and two a.m. who sell beer or wine shall be at least twenty-one
years of age.
A. I. For purposes of this section, “concurrent sales of motor fuel and beer or wineSection, “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 sectionSection.
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 a Minor Use Permit or Conditional Use Permit per the
provisions of the applicable zone as set forth in Article 2, in addition to the following:
1. There shall be no sales of beer or wine for on-site consumption;
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2. Beer or wine may be sold only in conjunction with selling groceries and other sundries and convenience items;
3. There shall be no advertisement or display of beer or wine visible from off the premises;
4. No beer or wine shall be displayed within five feet of the cash register or front door;
5. 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;
6. No sales of beer or wine shall be made from a drive-in window;
7. No display or sales of beer or wine shall be made from an ice tub;
8. J.Employees on duty between the hours of 10:00 PM and 2:00 AM who sell beer or wine shall be at least 21
years of age.
C. Required Findings. In order to grant approval of a use permitUse Permit, the hearing officer mustreview authority
shall make the following findings in addition to findings contained in Section 17.58.040:Article 6 (Permit
Procedures):
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 districtzone
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)
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17.86.070 – Bed and Breakfast Establishments
Chapter 17.19
BED AND BREAKFAST ESTABLISHMENTS
Sections:
17.19.010
Purpose.
17.19.020 and Applicability. The provisions in this Section shall apply to bed and breakfast establishments, as
defined in Article 9 (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 developmentwhere allowed in compliance with Article 2 (Zones, Allowable Uses, and performance
standards in the agriculture zone.
17.19.070 Findings required.
17.19.080 Revocation of a permit.
17.19.010 Purpose.
A. ToDevelopment Standards). The purpose is to establish standards for the development of bed and breakfast
establishments within the residential and agriculture zones of the cityCity 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 isare consistent with or does not negatively affect the character or function of the
neighborhood and surroundings. (Ord. 1429 § 3 (part), 2003)
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.
B. A bed and breakfast inn is allowed as specified in Chapter 17.22 of the San Luis Obispo Municipal
Code.Approvals Required. In addition to the applicable use permit requirementrequirements identified in Article
2, review by the cultural heritage committee and architectural review commissionCultural 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)Bed and Breakfast Establishment.
17.19.040 General standards.
C. TheseStandards. The following standards apply to all bedBed and breakfast homes or innsBreakfast
Establishments in the R-3, R-4, and AG zone districts:
A. The use permit is subject to review at any time and may be revoked after a hearing by the planning commission
and a finding by the planning commission that the use has become detrimental to the surrounding neighborhood;
B. A 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.
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3. inn must A Bed and Breakfast Establishment shall comply with all other provisions of the zone in which it is
located and mustshall comply with all other ordinances of the city;City.
C. 4. A city business license issued by the City is required and remittance of transient occupancy tax is
required;.
D. Any other conditions deemed essential and desirable by the planning commission may be imposed on such a use;
E. 5. The home shall not be used by the public or paying guests for the hosting of receptions, private
parties involving persons other than paying guests, or the like;.
F. 6. Meals, if provided, shall be served only to residents and overnight guests of the bedBed and
breakfast home;Breakfast Establishment.
G. 7. There shall be no separate or additional kitchen facility for the guests;.
H. 8. No alteration shall be allowed to the exterior of the dwelling or yard that alters the residential
characteristics of the premises or jeopardizes/eliminates features of historical or architectural significance.
Changes to any historical building shall be consistent with the Secretary of Interior Standards and shall be
subject to cultural heritage committeeCultural Heritage Committee and architectural review
commissionArchitectural Review Commission approval;.
I. 9. No historical structure shall be removed in order to allow for a bedBed and breakfast home or innBreakfast
Establishment, nor shall such a structure be removed in order to provide parking for such a use;.
J. One non-internally illuminated sign may be erected on the property not to exceed ten square feet in size per street
frontage. Lighting level shall comply with city sign regulations for the zone district. The sign shall complement the
nature of the use; i.e., historic structures should have an historic style sign. The sign shall contain no information
other than identification of the premises as the named bed-and-breakfast home. (Ord. 1429 § 3 (part), 2003)
17.19.050 Site developmentDevelopment and performance standardsPerformance Standards in the R-3
and R-4 zones.
D. Zones. These additional standards apply to bedBed and breakfast innsBreakfast Establishments in the R-3 and
R-4 zones:
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, the1. The minimum parking setback for guest/employee spaces shall be fifteen15 feet from a “the
front property line and any street side yard” and five feet from an “other yard” (yards as defined in Section
17.16.020).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;.
D. 2. All parking spaces and driveways shall be paved to cityCity standards with decorative materials or,
if a historic property, materials which maintain the historical character of the neighborhood and premises;.
E. In general, the3. The number of guest rooms permittedallowed should be based on the city’sCity’s density
unit calculation, with a rental room counting as a studio, and shall in no case exceed fifteen15 rooms. The
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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;.
F. 4. Sites with historic structures shall balance outdoor space for guest use with space required for off-
street parking needs. (Ord. 1429 § 3 (part), 2003), as determined by the Planning Commission.
17.19.0605. Any other conditions deemed essential and desirable by the Planning Commission may be imposed
on such a use.
E. Site developmentDevelopment and performance standardsPerformance Standards in the agriculture
zone.
Agriculture (AG) Zone. These additional standards apply to bedBed and breakfast homes or innsBreakfast
Establishments in the agriculture (AG) zone:
A. 1. The main building of the bed and breakfast establishment must be the “primary residence” of the owner or
manager of the bedof a Bed and breakfast use;
B. Accessory buildings and structures may also be used for bed and breakfast guest rooms;
C. The establishment of a bed and breakfast useBreakfast Establishment shall not result in the conversion of land
in agricultural production;
D. 2. 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 fifteen. (Ord.
1429 § 3 (part), 2003)15.
17.19.070F. Findings required.
Required. In approving a use permit for a bed and breakfast inn, the planning commission mustBed and Breakfast
Establishment and in addition to the findings required for the applicable Use Permit, the review authority shall
make all of the following findings:
A. 1. The establishment of the Bed and Breakfast Establishment is consistent with the General Plan.
2. The establishment of the bed and breakfast inn is consistent with the general plan;
B. The establishment of the bed and breakfast innBed and Breakfast Establishment will not be detrimental to a
building, structure or feature of significant aesthetic, cultural, or historical interest or value;.
C. 3. The establishment of the bedBed and breakfast innBreakfast Establishment does not constitute
undue concentration of such establishments that would negatively affect the appearance and/or function of
the surrounding neighborhood; and.
D. 4. The establishment of the bedBed and breakfast innBreakfast Establishment is compatible with and
will not be detrimental to the character of the neighborhood and surrounding land uses.use
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These findings shall be in addition to those required for the approval of use permits contained in Section 17.58.040.
(Ord. 1429 § 3 (part), 2003)
17.19.080 Revocation of a permit.
17.86.080 – Commercial Recreation – Small Scale in C-S Zone
The approval of an indoor commercial recreational facility in the C-S zone shall require that the review authority first
find that:
A. The proposed use will serve the community, in whole or in significant part;
B. The project will be compatible with existing and allowed land uses in the area;
C. The project location or access arrangements will not significantly direct traffic to use local or collector streets in
residential zones;
D. The project will not preclude industrial or service commercial uses in areas especially suited for these uses when
compared with recreational facilities; and
E. The project will not create a shortage of C-S -zoned land available for service commercial development.
17.86.090 –
The owner and/or manager of a bed and breakfast establishment shall fully comply with all conditions related to any
permit or approval granted under this section. Failure to comply with any condition shall constitute grounds for
revocation. If a condition is not remedied within a reasonable period, the community development director may
schedule a public hearing before the planning commission to consider revocation of the permit. (Ord. 1429 § 3 (part),
2003)
Convenience Stores
17.08.095 Neighborhood grocery markets.
A. Intent. The standards in this section are intended to assure
A. Purpose and Intent. It is a goal of the City to allow for the establishment of small-scale, low impact, locally oriented
and easily accessible commercial enterprises near or within residential areas to serve the day-to-day needs of
neighborhood residents and to promote walking, biking, and other forms of non-motorized transportation for local
trips. 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 an automobilea vehicle to get to the market. The
standards shouldare aimed to 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
preventare necessary to guard against such stores from becoming a nuisance to the neighborhood.
B. B. Standards. The following standards shall apply to all convenience stores:
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.
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3. Loading and Deliveries. One curbside or off-street loading space shall be provided per business. Loading
and deliveries is permittedshall be allowed only between the hours of eight a.m.8:00 AM and nine p.m9:00 PM.
4. Hours of Operation. Convenience stores shall open for business no earlier than seven-thirty a.m.,7:00 AM
and shall close no later than ten p.m10:00 PM, and close no later than 8:00 PM in residential zones, unless
otherwise specified by use permit.
5. Alcohol Sales. Convenience stores within residential zones may sell beer and wine but shall be prohibited
from selling alcoholic beveragesdistilled spirits of any kind.
6. Performance Standards. Convenience stores shall comply with Chapter 17.18, PerformanceArticle 3
(Regulations and Standards. Applicable to All Zones). 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 of this code. (Ord. 1553 § 3
(part), 2010; Ord. 1438 § 8 (part), 2003; Ord. 1265 § 2 Ex. A, 1994), and landscaping.
Day Care – Large Family (Seven to 14 children)
8. Required Findings. In acting to approve a convenience store in a residential zone, the review authority shall
be required to make the following findings:
a. That the convenience store is located on a site that is of sufficient size to accommodate the use proposed
and any required site improvements;
b. That the property will be developed and used in a manner that encourages and supports pedestrian,
bicycle, and other forms of non-motorized vehicle access by customers; and
c. That the convenience store will not result in any adverse public health, safety, and general welfare
impacts and in particular, that noise, traffic, lighting, odor control, and litter control impacts are sufficiently
addressed.
17.0886.100 Child and adult day care. – Electronic Game Amusement Centers
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.
A. B. PermitsPurpose 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) are compatible with surrounding and
adjacent uses and do not create an adverse impact on adjacent properties by reason of noise, parking, and litter.
Licenses Required.
1. Adult day care facilities serving six or fewer clients on-site at one time and small family day care homes
No electronic game amusement center shall be permitted without filing for eight or fewer children are
considered residential uses for the purposes of zoning regulation.and receiving approval of a license
They may be established in all zones where dwellings are allowed. No use permit is required.
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2. Adult day care facilities serving seven to twelve 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 director,
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-hundred-foot radius of the exterior boundaries of the proposed facility site, no
fewer than ten days prior to the director’s action to approve or deny an application for a day care
facility serving seven to twelve adults or nine to fourteen children. If no written request for
hearing is received by the community development department within ten days from the mailing
of these notices, the director may approve the requested use upon submission of all required
information and without further notice or public hearing.
b. Public Hearing. A public hearing shall be required if requested in writing by the applicant or any
other affected person.
B. c. Approval. The director is authorized to approve day care facilities serving seven to twelve adults or nine to
fourteen children, subject to the appeal the provisions of Chapter 17.66 of this title. In accordance with applicable
sections of the California Health and Safety Code, the director shall approve the use when he or she determines
that the proposed facility:5.52 (Electronic Games Amusement Center) of the Municipal Code.
i. Complies with all applicable provisions of the fire code regarding health and safety; and
ii. Complies with property development standards contained in Chapter 17.16 of this title
and with city sign regulations; and
iii. Has been issued a day care license from the state of California Department of Social
Services; and
iv. Will satisfy performance standards of this section relating to noise, traffic, and parking.
3. Day care facilities serving more than twelve adults or more than fourteen children require approval of an
administrative use permit where not otherwise allowed or prohibited, consistent with Section 17.22.010,
Uses Allowed by Zone, and Chapter 17.58, Use Permits. These facilities are subject to the performance
standards outlined below.
A. C. Performance Standards for Day Care Facilities Serving More Than Six Adults or More Than Eight
Children.
1. Noise. The day care facility shall be subject to all applicable provisions of the Noise Ordinance (Chapter
9.12 of 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 a.m.
2. Traffic. Designated delivery and pick-up areas shall not pose any traffic or safety hazards. Operators of day
care facilities shall provide carpool-matching services to all clients.
3. Parking.
a. Day care facilities with seven to twelve adults or nine to fourteen children: one on-site parking space is
required, in addition to parking required for the residence, except when the director finds that adequate
on-street parking exists for dropping off and picking up clients.
b. Day care centers with more than twelve adults or more than fourteen children must provide two
spaces per facility and one space for each twelve 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. 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
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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 city parking standards.
E.
Operational Requirements. Exceptions. Nothing in this section shall prohibit applicants from requesting exceptions
or variances from the strict interpretation of the zoning regulations to the extent allowed by said regulations. The
director may authorize minor exceptions to performance standards upon finding that:
1. The modification is in accordance with the intent and purpose of the zoning regulations, and consistent
with city day care policy.
F. Nonconforming Status. All day care facilities licensed by the state at the time of ordinance adoption (1992) shall be
considered legal nonconforming uses, consistent with Chapter 17.10 of this code; 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)
Day Care – Small Family (Eight or fewer children)
See 17.08.100 above
Day Care Centers – Adult and Children
See 17.08.100 above
Electronic Game Amusement Centers
17.08.060 Electronic game amusement centers.
During the processing of the required use permit for an electronic game amusement center (see Section 17.100.050,
Definitions, “E”), the appropriateness of the proposed location and possible land use conflicts created by the use
shall be evaluated.
C. All electronic game amusement centers (hereinafter referred to in this section as “centers”) shall be licensed in
accordance with Chapter 5.52 of this code and shall comply with the following requirements and restrictions:
A.
1. Centers shall comply with all applicable laws and conditions of use permit approval;.
B.
2. No center shall be allowed:
1. a. Within one thousand1,000 feet of the exterior limits of any public or private elementary school, junior
high school of, or high school;.
2.
b. Within five hundred500 feet of the exterior limits of a PF districtzone or any districtzone where residential
use is the principal permittedallowed use;.
3. Within five hundred feet of the exterior limits of any premises whereon the principal business is
the sale or consumption of alcoholic beverages, including, but not limited to, bars, taverns and
liquor stores;
4. Within one thousand feet of the exterior limits of any other premises occupied by another center;
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C.
3. No person under eighteen18 years of age may enter, be, or remain in a center during such time as the San
Luis Coastal Unified School District is conducting its regular daytime education program;.
D. 4. Centers shall have at least one responsible adult supervisor on duty at all times, whose primary
responsibility shall be supervision of electronic game play;.
E. 5. Noise attenuation measures shall be taken as required by conditions of use permit approval;.
F. No person under eighteen years of age may play electronic games at a center located at a place of business
where alcoholic beverages are sold, served or consumed;
G. Bicycle racks shall be provided within a reasonable distance of any center and shall provide at least one bicycle
stall for each electronic game in the center;
H. 6. Centers shall be closed from two a.m.2:00 AM to six a.m.6:00 AM and for such time as required by
conditions of the use permit;Minor Use Permit or Conditional Use Permit.
I. 8. Adequate space shall be provided for each electronic game so as to allow its use without overcrowding;.
J. 9. Parking shall be as required by the use permitMinor Use Permit or Conditional Use Permit for a
center;.
D. K. Facility and Operation Exceptions. Exceptions to any of the requirements listed in this sectionSection may
be considered during the use permit review process, provided all of the following findings can be made:
1. The requested exception to the facility and operation requirements will not affect the ability of the electronic
game amusement center to be compatible with surrounding land uses;.
2. The requested exception to the facility and operation requirements will not encourage school-age children
from frequenting the electronic game amusement center while the San Luis Coastal Unified School District is
conducting its regular daytime education program;.
3. The purpose and intent of the facility and operation requirements are still met with the approval of the
requested exception. (Ord. 1265 § 2 Ex. A, 1994)
Home Occupations
17.08.090 Home occupations.
A. 17.86.110 – Day Care
A. Intent. The provisions identified 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.
B. Permits Required.
1. Adult day care facilities serving six or fewer clients on site at one time and small family day care homes for
eight or fewer children are considered residential uses for the purposes of Zoning Regulation. They may be
established in all zones where dwellings are allowed. No discretionary permit is required.
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2. Adult day care facilities serving seven to 12 clients on site at one time and large family day care homes for
children may be established in any zone where dwellings are allowed, subject to performance standards listed
below. These facilities require written approval by the Director as a ministerial Director’s Action. In accordance
with applicable sections of the California Health and Safety Code, the Director shall approve the use when he
or she determines that the proposed facility:
a. Complies with all applicable provisions of the fire code regarding health and safety;
b. Complies with property development standards contained in Chapter 17.16 of this title and with City sign
regulations;
c. Has been issued a day care license from the State Department of Social Services; and
d. Will satisfy performance standards of this section relating to noise, traffic, and parking.
3. Day care facilities serving more than 12 adults or more than 14 children require discretionary review consistent
with Table 9 (Uses Allowed by Zone).
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 Code. Where the day care facility is adjacent to housing in a residential zone, outdoor play
and activities shall be prohibited prior to 9:00 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.
D. Day Care as an Accessory Use. When day care facilities are accessory to another use requiring a permit, only
one permit application need be filed and acted on. As accessory uses to schools and churches, and where an
employer provides on-site child care to 14 or fewer children for the exclusive use of employees, day care is allowed
by right, providing the primary use meets City parking standards.
E. Exceptions. Nothing in this Section shall prohibit applicants from requesting a Director’s Action or Variance from
the strict interpretation of the Zoning Regulations to the extent allowed by said regulations.
17.86.120 – Food Trucks (Mobile Food Vendors)
A. Purpose and Applicability. The purpose of this Section is to ensure that off-street food trucks, as defined in
Article 9 (Definition) and where permitted in Article 2 (Zones, Allowable Uses, and Development and Design
Standards), are 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. In addition to obtaining a Temporary Use Permit pursuant to Section 17.xx.xxx
(Temporary Use Permits), operators of food trucks shall comply with the provisions of Chapter 5.16 (Solicitors
and Peddlers) of the Municipal Code and the following.
1. Health Permit Required. The food 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 at all times
during operations within the City.
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2. Business License Required. The food truck operator must have a valid business license issued by the City.
As part of its application for a business license, the food truck operator 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 shall operate for more than two consecutive days in the
same location, and before 6:00 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 prior to operating at the location. The food truck operator shall
maintain proof of the owner’s approval in the vehicle. The person operating the food truck shall present this
proof upon the demand of a peace officer or City employee authorized to enforce these provisions.
5. Consolidation. At the discretion of the Director, the following requests may be reviewed and permitted as a
single, consolidated operation: requests to operate more than one food truck by the same applicant or food
truck business owner, multiple requests for mobile food vending vehicle on a private property, or in conjunction
with a Temporary Use Permit for a larger event.
C. Operational Requirements. Food truck operators 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 all weathered material.
2. Staffing. A minimum of one person shall attend a food truck during the permitted hours of operations.
3. Food. Only the sale of food items for immediate consumption is permitted. Sale of food items in glass
containers is prohibited.
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 are allowed to operate food trucks.
5. Litter Removal. The food truck and surrounding property shall be maintained in a safe and clean manner
at all times. The food truck operator 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 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 operator.
7. Noise. The food truck operator 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
operator 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.
D. Additional Conditions and Requirements. This Section permits the Director or designee to exercise the
discretion to review and request additional information, take authorized action, and impose additional
conditions that are more restrictive than allowed in this Section.
17.86.130 – Fraternities and Sororities
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A. Applicability. The provisions in this Section shall apply to “Fraternities” and “Sororities,” as defined in Article 9
(Definitions) and where permitted in Article 2 (Zones, Allowable Uses, and Development and Design Standards).
This Section is intended to promote the quality of life in residential neighborhoods by ensuring that dwelling units
housing multiple persons who are members of a fraternity or sorority provide adequate support facilities for the
intensity of associated use, and that such uses are operated in a manner that is not detrimental to the neighborhood
in which they are located due to excessive noise, inadequate off-street parking, general property maintenance,
and similar conditions. The following standard conditions shall apply to all fraternities and sororities.
1. Occupancy shall be limited to not more than one resident per 60 square feet of building area. The landlord
shall allow the City to verify occupancy by allowing an inspection of the records or by a visual inspection of
the premises. Any inspection shall be at a reasonable time and shall be preceded by a 24-hour notice to the
residents.
2. The maximum number of persons allowed on site for routine meetings and gatherings shall not exceed the
limit established by the applicable Conditional Use Permit.
3. The fraternity or sorority shall remain affiliated and in good standing with the Interfraternity Council of Student
Life and Leadership at California Polytechnic University, San Luis Obispo. If the fraternity or sorority becomes
unaffiliated or no longer held in good standing with California Polytechnic University, the Conditional Use
Permit shall be revoked.
4. The landlord shall provide names and telephone numbers of responsible persons to the Community
Development Department and SLOPD Neighborhood Services Manager on an annual basis. Responsible
persons shall be available during all events and at reasonable hours to receive and handle complaints.
B. Required Findings. In acting to approve a Conditional Use Permit for a fraternity or sorority, the review authority
shall be required to make the following findings:
1. As conditioned, the project will not be detrimental to the health, safety, and welfare of persons living or working
at the site or in the vicinity because conditions have been included that place limits on the number of persons
allowed on site, restricts activities, provides adequate parking, and limits potential disturbances to neighboring
properties. The project will be compatible with site constraints and the character of the neighborhood.
2. The proposed project is consistent with General Plan Land Use policy and 2.6.5 and Housing Element policy
8.6 to locate student housing projects, fraternities, and sororities in close proximity to the Cal Poly campus
and other student-oriented uses and housing.
3. As conditioned, the proposed use is consistent with the Zoning Regulations because the number of residents
is consistent with the group housing maximum occupancy limits and the parking configuration is consistent
with neighboring properties and results in an adequate number of parking spaces for residents.
17.set forth in this section 86.140 – Home Occupations
A. Purpose and Applicability. The provisions set forth in this Section are intended to allow the conduct of home
enterprisesbusinesses in residential dwellings which are incidental to and compatible with surrounding residential
uses. A “home occupation” is gainful employment engaged in by the occupants of a dwelling., includes the
definition of Live/Work.
B. Permit Required.
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1. 1. The conduct of a home occupation requires the approval of a home occupation permitHome Occupation
Permit by the directorDirector, who may establish additional conditions to further the intent of this
sectionSection. 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. AUpon receipt of a completed application for a home occupation use, a public notice shall be posted at the
site of each proposed home occupation. as required for a Director's Action, Chapter 17.XX (Director's Action).
If anyoneany person informs the community development departmentCommunity Development Department
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 administrative use permits.in Section 17.xx.xxx (Minor Use Permit.) If no questions or objections are
received by the community development departmentCommunity Development Department within five days
after posting, the directorDirector may issue the permit upon submission of all required information and without
further notice or public hearing.
3. 2. State-licensed small-family child day care centersoperations for six of fewer children are exempt from home
occupation regulations (see State Health and Safety Code, Section 1529.5).
4. 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.
1. Home occupations 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. There shall be no customers or clients except for: 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.
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.
3.
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.
c. Attorneys, accountants and other low visitation consultants.
Businesses with customer access shall maintain at least one on-site customer parking space in addition to theirthe
required residential parking. For the purposes of this sectionSection only, parking in a driveway that has a
minimum depth of twenty20 feet from the back of sidewalk and is made available to customers during business
hours of operation shall meet the definition of a parking space.
3. 4. Activities shall be conducted entirely within the dwelling unit or an enclosed accessory building, and shall not
alter the . The appearance of such structures. (all buildings shall be residential in nature. Horticultural activities
may be conducted outdoors.).
4. There shall be no sales, 5. Sales and rental or display activities may be conducted on the premises
(Internet, provided that storage and phone sales okay).
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5. Theredisplay area shall be no signs othernot occupy more than address500 square feet of the primary structure
and names of residents.any permitted accessory structure.
6. There shall be no advertising of the home occupation by street address, except that street addressaddresses
may be included on business cards and business correspondence originating from the home.
7. No For a home occupation use in a residential zone, no vehicle larger than a van or three-quarter-ton
trucklonger than 20 feet 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.
8. The home occupation use and associated activities shall not encroach on any required parking, yardsetback
area, or open space area.
9. Parking for vehicles used in connection with the home occupation shall be provided in addition to parking
required for the residence.
10. 9. 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. 11. No use shall create or cause noise, dust, vibration, smell, smoke, glare, or electrical interference, or other
hazard or nuisance.
10. 12. No employees more than one employee other than residents of the dwelling shall be allowed to work on-
site. ( within a residential district, and no more than two employees within a nonresidential district. Babysitters
or domestic servants are not considered employees of a home occupation.).
11. 13. Clients or customers shall not visit the home occupation between the hours of seven p.m.8:00 PM and
seven a.m7:00 AM.
12. 14. If the home occupation is to be conducted from rental property, the property owner’s authorization for the
proposed use shall be obtained.
13. 15. No delivery or commercial pick-up shall be by vehicles larger than a typical delivery van (Fed ExFedEx,
UPS, etc.). Direct customer pick-up is prohibited.
D. Prohibited Uses. The following uses by their operation or nature may interfere with residential welfare and
diminish the convenience intended for commercial zones, and therefore shall not be permittedallowed as home
occupations; however, off-site work is permitted:.
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;.
3.
4. Welding or machining;.
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4.
5. Medical offices, clinics, and laboratories, except that counseling is permitted,allowed when no more than one
client visit or group session is held at one time;.
5.
6. Appliance, radio, or television repair;.
6.
7. Print shops or photograph development; digital photo production is permitted;allowed.
8.
7. Gun or ammunition sales, including off-site work and by mail order. (Ord. 1500 § 3 (part), 2007; Ord. 1265 §
2 Ex. A, 1994)
8. 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.
17.86.150 – Homeless Shelters
17.08.110 Homeless shelters.
A. Purpose. The requirements of this section are for Section apply only to homeless shelters withinin the PF zone
which may be established without usea discretionary permit review. Homeless shelters in other zones, which
require use permit subject to discretionary review, will be reviewed in the context of the city’s good neighbor
policyCity’s Good Neighbor Policy 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. A. Standards. The following standards shall apply to all homeless shelters.
1. The shelter shall be operated by a responsible agency or organization, with experience in managing or
providing social services.
B. 2. The shelter shall provide at least one qualified on-site supervisor at all times, plus one attendant for
each fifty50 occupants.
C. A3. No new homeless shelter shall not be approved when anotherestablished within 300 feet of an
existing homeless shelter exists within three hundred feet of the proposed site.. This requirementrestriction
may be modified by use permitan Administrative Use Permit.
D. 4. 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. 5. Parking shall be supplied at a ratio of one vehicle space per ten10 beds, and one secured bicycle
parking area designed to accommodate up to one bicycle per ten10 beds.
F. 6. Each homeless shelter shall be limited to a maximum occupancy of two hundred fifty250 persons (in
total), including warming shelters and daytime facilities.
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G. 7. 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)
17.86.160 – Homestay Rentals
17.08.140 Homestay rentals.
A.
A. Purpose and Intent. The purpose of these regulationsthis Section is to allow owner-occupied homestay rentals
in the cityas 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.
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.
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.
B. C. Permit Required. The operationconduct of a homestay rental requires a homestay permit through an
administrative the approval of a Homestay Permit by the community development directorDirector, who may add,
delete, or modifyestablish additional conditions to further the intent of the ordinance codified in this section. Any
request to waive or modify subsection (D)(4) of this section shall require an administrative use permit.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 pursuant to
the requirements of a Minor 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.
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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. The operator of the homestay must provide a site plan with at least one on-site parking space in addition
to their required residential parking. Parking in a driveway that has a minimum depth of twenty feet from
the back of sidewalk and is made available during rentals shall meet the definition of a parking space.
4. 5. The operator of the homestay mustThe operator of the homestay shall 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. E. Performance Standards.
1. 1. Homestays shall comply with the property development and performance standards listedset forth in
Chapters 17.18Article 2 (Zones, Allowable Uses, and 17.19.Development and Design Standards) and Article
3 (Regulations and Standards Applicable to All Zones).
2. 2. All building and fire code regulations shall be met.
3. 3. The number of overnight guests shall be limited to four adultspersons. Bedrooms shall meet the minimum
size requirements as defined in the building codeBuilding Code.
4. 4. At all times when a homestay rental is occurring, the owner or responsible party mustshall be within a
fifteen15-minute drive of the property. The owner or responsible party mustshall 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 mustshall 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 sixty60 days of the transfer. Failure to submit a new application as required
within sixty60 days shall result in the termination of the existing permittedallowed use.
6. 6. The homestay shall be limited to only the owner-occupied dwelling unit on the property.
7. Homestays are not permitted in guest houses or guest quarters.
7. 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. 1. Violation of these requirements and standards shall constitute grounds for revocation of the homestay
permit.
2. 2. At any time, the permit can be referred to an administrative review hearing if determined by the community
development directorDirector upon receipt of substantiated written complaints from any citizenresident, code
enforcement officer, or police department officer, which includes information and/or evidence supporting a
conclusion that a violation of the permit, or of cityCity 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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G. Appeal. Appeal procedures for this section shall be as provided by Chapter 17.66 (Appeals). (Ord. 1611 § 4,
2015)
17.86.170 – Household Pets Boarding and Kennels – Outdoor Areas
A. Purpose and Applicability. The provisions in this Section shall apply to kennels and similar household pet 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 Section is to implement a humane policy that
accommodates the comfort and convenience of caring for household pets by their humans within commercial
facilities and ensures that 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 household pets for breeding purposes or for medical
treatment of household pets, or caring for household pets for hire, without first obtaining a permit pursuant to
Chapter 6.20 (Animal Control Regulations) of the Municipal Code.
C. 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 household pets shall not be allowed in any
residential or mixed-use project, and shall comply with the following standards:
1. Outdoor facilities are to be allowed only as an accessory use and structure to an allowed kennel.
2. Outdoor facilities shall be located outside of any required setback area or street frontage area. A minimum
10-foot setback for outdoor facilities shall be required for zones where a setback area is not defined.
3. Outdoor facilities are only allowed when an allowed kennel is in operation. In no event shall an outdoor facility
operate between the hours of 7:00 PM to 8:00 AM.
4. All outdoor facilities shall be properly screened with walls and/or fencing.
17.86.180 – Manufacturing
E. Production and Sales.
Where manufacturing is allowed, incidentalaccessory sale of items made on the premises is allowed. When sale of a
particular type of item is allowed, craftsman-type production of such an item for sale on the premises is allowed.
17.86.190 – 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 Permit
by the directorDirector, premises within nonresidential zones may be used for the sale of Christmas trees,
pumpkins, flowers, or seasonal produce, and the like, subject to the following requirements and any other
conditions that the directorDirector deems necessary:
1. Sales shall be limited to Christmas trees, pumpkins, orflowers, seasonal produce and the like 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.
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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 signagesigns shall be kept behind a ten10-foot
setback from all street rights-of-way, and they shall be removed within ten10 days after the close of the sale.
Trash and recycling receptacles shall be provided in a convenient location for customers.
4. A camper or trailer for overnight security may be parked on- site, for the duration of the permit, if kept more
than ten. Any such camper or trailer shall be set back at least 10 feet back from the street right-of-way.
5. A sign permit shall be obtained for any proposed signage. Maximum sign area shall not exceed thirty-two
square feet. No bunting strips, banners, flags, whirligigs, or other attention-getting devices shall be
displayed on-site without director approval.
6. When the use is temporary or intermittent, the The applicant may be required to post a refundable deposit, set
by the community development directorDirector, with the community development departmentCommunity
Development Department to assureensure site clean-up, if necessary.. Deposit shall be in the form of a
cashier’s check and shall be made prior to occupying the site.
7. 6. Outdoor sales lots are subject to all fire safety measures, including location of fire extinguishers, as
required by the Fire Marshal.
7.
8. Any Christmas trees sold for use in public facilities shall be flame-proofed with a stateState Fire Marshal-
approved material by a stateState-licensed application.
9. Applicant
8. Applicants shall obtain a cityCity business tax certificate. A copy of the director’sDirector’s approval and the
business tax certificate shall be posted in a conspicuous location at all times when the use is in operation.
10. 9. 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.
10. 11. The use shall comply with all requirements of the county health departmentCounty Health Agency.
11.
12. Restroom facilities shall be provided either on- site or on a nearby property to the satisfaction of the chief
building officialChief Building Official.
13.
12. No sales or display shall take place in the public right-of-way.
14. Upon written receipt of complaints from the public or the police department, the director’s approval may
be scheduled for administrative hearing review. At the public hearing, the hearing officer may add, delete,
or modify conditions of approval, or may revoke the approval.
B. 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,
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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.
2. 1. Other outdoor sales require Director’s Action approval of an administrative use permit, except in cases
where the director determines a planning commission use permit would be more appropriate.. Parking
requirements, setbacks to sales or storage areas, safety and aesthetic screening, and other development
standards usually related to buildings shall be established by use permit approval.
C. Garage and Yard Sales. On any residentially developed parcelslot, 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 mayshall not exceed three consecutive days.
2. Each unit within multifamilymulti-unit apartment or condominium projectsproject and common interest
subdivisions may have up to four garage/yard sales in approved common areas with the permission of the
homeownershomeowners’ 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.
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 in thewithin a 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)
17.86.200 – Parking as a Principal Use
Notes from
Where parking as a principal use is permitted in compliance with Table 9
6. Parking as a Principal Use. Use or Table 10, discretionary permit approval may include deviations tofrom 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.development standards.
Public Utilities
17.08.080 Public utilities.
A. Distribution facilities may be located in any zone; provided, that equipment on the ground in residential zones shall
be screened by landscaped visual barriers.
B. Transmission lines may be located in any zone, provided the route is approved by the planning commission.
C. Other unmanned public utility structures may be located in any zone, provided an administrative use permit is
approved by the director. (Ord. 1265 § 2 Ex. A, 1994)
17.86.210 – Recreational VehicleVehicles: Use as Dwelling Unit—Limitations; Parked on a Private Lot
17.16.015 Recreational vehicle as dwelling unit.
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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 this Section.
B. Overnight Camping Prohibited on Specified Public Properties. Within cityCity streets, areas of the public right-
of-way, and cityCity-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)
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 any one-month period 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.
D. Recreational Vehicle Parking – Where Permitted.
1. Recreational vehicles and trailers with current licenses may be parked in driveways consistent with Section
17.XX.XXX (Front Yard Parking).
2. Unregistered and unlicensed 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 (Screening of Visible Storage and Maintenance.)
E. Recreational Vehicles as Tiny Houses in Residential Zones. Moveable tiny houses shall be considered an
additional type of accessory dwelling unit, allowed as an accessory use to single-family residential dwelling unit,
consistent with Government Code, Section 65852.2, subdivision (g) which allows cities to adopt less restrictive
requirements than the State-mandated minimums for accessory dwelling units. A moveable tiny house that meets
the definition in this subsection may be built and occupied as a new detached accessory dwelling unit if it complies
with the standards of this subsection.
1. Development Standards. Moveable tiny houses shall conform with the requirements for new detached
accessory dwelling units, including but not limited to setbacks, lot coverage, height, and other applicable
zoning requirements of the zone in which the site of the proposed moveable tiny house is located, except as
modified by this subsection.
a. Number. No parcel may be approved for more than one moveable tiny house in a twelve-month period.
No parcel may contain more than one moveable tiny house at a time. No parcel may contain both a
moveable tiny house and a conventional accessory dwelling unit.
b. Size. The maximum square footage or habitable floor space for a moveable tiny house shall be 450
square feet. The moveable tiny house shall have at least 100 square feet of first floor interior living space.
c. Replacement Parking. Where a moveable tiny house occupies a required parking space, a replacement
parking space is required. A replacement parking space may be located in any configuration on the same
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lot as the moveable tiny house, including but not limited to covered spaces, uncovered spaces, or tandem
spaces. Parking shall be permitted only in those locations specified in these Zoning Regulations.
2. Parking Spaces. Moveable tiny houses shall not require additional parking.
3. Mechanical Equipment. All mechanical equipment for a moveable tiny house shall be incorporated into the
structure and shall not be located on the roof.
4. Utility Connections and Requirements. Moveable tiny houses shall not require separate utility meters from
the primary unit. Moveable tiny houses may be off-grid and not connected to one or more utility systems, but
only if the applicant provides sufficient proof, to the satisfaction of the Director and the Building Official, that
the moveable tiny house has adequate, safe, and sanitary utility systems providing water, sewer, heating,
cooling, and electric power.
5. Addresses. Moveable tiny houses shall not have separate street addresses from the primary unit.
6. Foundation Requirements. Once sited on the parcel of the primary unit, moveable tiny houses shall meet
the following foundation requirements:
a. If the wheels are removed so the moveable tiny house sits on a foundation, the foundation shall follow
the state approved requirements for foundation systems for manufactured housing;
b. If the moveable tiny house does not have its wheels removed, then all wheels and leveling/support jacks
shall sit on a concrete, paved, or compacted gravel surface sufficient to support its weight, and the
leveling/support jacks or undercarriage must be skirted and not visible.
7. Emergency and Rescue Openings. Moveable tiny houses shall meet the requirements of Section R310 of
the California Building Code for emergency escape and rescue openings. Egress roof access windows in lofts
used as sleeping rooms shall be deemed to meet this requirement if installed such that the bottom of the
opening is not more than 44 inches above the loft floor, provided the egress roof access window complies
with the minimum opening area requirements of California Building Code section R310.2.1.
8. Procedure Requirements. In addition to submitting the application materials and information required by
Section XXXX for an accessory dwelling unit, an applicant for a moveable tiny house shall submit proof that:
a. The proposed moveable tiny house is licensed and registered with the California Department of Motor
Vehicles;
b. The proposed moveable tiny house has been certified by a qualified third-party inspector as meeting
ANSI 119.2 or 119.5 requirements, or was built to meet ANSI 119.2 or 119.5 requirements as
demonstrated by sufficient evidence satisfactory to the Director;
c. The applicant is the property owner, or has sufficient written permission from the property owner, of the
intended location of the proposed moveable tiny house; and
d. Prior to the issuance of building permits, a covenant agreement shall be recorded which discloses the
structure’s approved floor plan and status as a movable tiny home and agreeing that the property will be
owner-occupied. This agreement shall be recorded in the office of the County Recorder to provide
constructive notice to all future owners of the property. The covenant agreement also may contain
authorization for annual inspections, and to allow the city upon reasonable time and notice to inspect the
premises for compliance with the agreement and to verify continued compliance with requirements of this
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section and health and safety codes. If a property can no longer be occupied as the owner’s primary
place of residence, the movable tiny home shall no longer be used as overnight sleeping quarters.
e. The proposed moveable tiny house meets the standards of this subsection.
17.86.220 – 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.
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. The 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.
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, shall be used.
3. Location. Facilities shall be located at least 75 feet away from properties 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. 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 1,000 feet from properties zoned for residential use.
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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.
5. Vector, Odor, and Noise Control. Operations shall comply with all City and County codes regarding vector,
odor, and noise control.
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 control dust.
17.86.230 – Safe Parking
Purpose and Intent. Safe parking provides homeless individuals and families with vehicles a safe place to
temporarily park overnight 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
forthcontained in this sectionSection enable safe parking in certain zoning districtszones in the cityCity 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.
A. 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.
13. Safe Parking. Safe parking is only allowed B. Permit Required. The establishment of a safe parking use shall
require a Conditional Use Permit approval where allowed, consistent with Table 9 (Uses Allowed by Zone).
C. Accessory Use in Residential Zones. If located in the R-1, R-2, R-3, and R-4 zones, safe parking is only allowed
when accessory to a public assembly use, such as a club, lodge, private meeting hall or or religious assembly
facility. Safe parking is prohibited as a primary use in the R-1, R-2, R-3 or, and R-4 zones and in all applicable
zoning districtszones on properties that contain residential uses as the primary use.
Application Requirements. B. Definitions.
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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.
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. 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 permitConditional Use Permit application for consideration, as a part of saidthe
application, sufficient information shall be submitted to the community development departmentCommunity
Development Department to determine whether the proposed safe parking facility complies with the provisions of
this sectionSection. In addition to the required planning commissionConditional Use Permit 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.
2. 2. Hours of operation.
3. 3. Monitoring and oversight program.
4. 4. Neighborhood relations plan.
5. 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 set forthidentified in this chapter.
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6. 6. Any other information the community development directorDirector may determine is necessary to ensure
compliance with the provisions of this section.
E. E. Performance Standards.
1. 1. Social ServiceServices Provider. Safe parking facilities shall be managed by a qualified social service
provider, subject to the approval of the community development directorDirector.
2. 2. Case Management. Participants mustshall be paired with a case manager and enrolled in a self-sufficiency
program to facilitate the transition to permanent housing.
3. 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.
4. 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. 5. Residency Preference. Social service provider shall give preference to those with proof of residency in
San Luis Obispothe 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. 6. Buffer from Residential Use. Participant vehicles shall maintain a minimum buffer of fifty50 feet from any
property that contains a residential use. Buffers less than fifty50 feet may be permittedallowed through the
use permitUse Permit review process on a case-by-case basis when determined to be compatible with the
neighborhood. Buffers greater than fifty50 feet may be necessary for neighborhood compatibility, which will
be determined on a case-by-case basis as part of the use permitConditional Use Permit review process.
7. 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 directorPublic 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
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. Social The social 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.
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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 permitted.allowed.
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).
F. F. Use Permit Considerations. Items to be determined by the planning commissionPlanning Commission as part
of the use permitConditional Use Permit 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.
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.
G. F. Revocation of a Permit. The use permitConditional Use Permit 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 permitConditional Use Permit, or of cityCity 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 use permitConditional Use Permit, conditions of approval may be added, deleted, modified, or
the use permitConditional Use Permit may be revoked. (Ord. 1592 § 3, 2013)
17.86.240 – Schools
A. 17.36.030 PublicPurpose and Applicability. The purpose of this Section is to ensure that schools as defined
in Article 9 (Definitions) and where permitted in Article 2 (Zones, Allowable Uses, and Development and Design
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Standards) are compatible with surrounding and adjacent uses and do not create adverse impacts on adjacent
properties.
B. Location – Schools. No school tenant uses.shall be located:
1. Within 1,000 feet of any business licensed for retail sale of cannabis or cannabis products;
2. Within 1,000 feet of any business which, as determined by the review authority, would pose a significant health
risk to the school due to the presence of hazardous materials or conditions; or
3. Any area identified in the Airport Land Use Plan as prohibiting such school use.
B. Schools – Primary and Secondary (Private and Public). Unless otherwise regulated through a Minor Use Permit
or Conditional Use Permit, the following regulations shall apply:
1. Pick-up/Drop-off Plan. A. plan and schedule for the pick-up and drop-off of children or clients shall be
provided for review and approval by the Director. The plan shall demonstrate that adequate parking and
loading are provided on-site to minimize congestion and conflict points on travel aisles and public streets. The
plan shall also demonstrate that increased traffic will not cause traffic levels to exceed those levels customary
in residential neighborhoods except for somewhat higher traffic levels during the morning and evening
commute. The plan shall include an agreement for each parent or client to sign which includes, at minimum:
a. A scheduled time for pick-up and drop-off with allowances for emergencies.
b. Prohibitions of double-parking, blocking driveways of neighboring houses, or using driveways of
neighboring houses to turn around.
2. Recreational Open Space. If open space is not required as part of the minimum requirements of the zone in
which a private school of general education is located, private schools of general education shall also provide:
a. 200 square feet of usable outdoor recreation area for each child in grades K-3 that may use the space at
any one time; and
b. 430 square feet of usable outdoor recreation area for each child in grades 4-12 that may use the space
at any one time.
3. Noise. Compliance with Chapter 9.12 (Noise Control) of the Municipal Code shall be required for zone is
which the school is located.
C. Public School Tenant Uses.
1. Purpose, Scope, and Duration. In order to allow more complete use of space made available by declining
student enrollment in public schools, certain commercial activities may be established in the public schools
not being used for public school purposes due to temporary or permanent school closure, in addition to the
uses listed in Table 9 (Section 17.22.010) of these regulationsthis Title 17 as allowed within the PF zone.
Notwithstanding any other provisions of these regulations to the contrary and in conformance with the general
planGeneral Plan, the following provisions shall apply to such uses. The director may act to extend all
temporary permits, regardless of the type of permit.
B. Uses Allowed by Public School Tenant Permit. The director approves public school tenant permits subject to the
standards in subsection (F) of this section. The director may establish conditions to further the intent of this section.
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A public notice shall be posted at the site of each proposed school tenant use. If anyone informs the community
development department of a question or objection concerning the proposed school use that cannot be resolved by
staff to the satisfaction of the complainant, within five days of the posting, the director shall schedule a hearing for
the application as provided for administrative use permits. If no questions or objections are received by the
community development department that cannot be resolved, the director may issue the permit upon submission of
all required information and without further notice or public hearing. The following uses may be established by
school tenant permits within public schools in the PF zone:
1. 2. Uses Allowed with Minor Use Permit Approval. The following uses may be established within
public school buildings subject to approval of a Minor Use Permit, as provided in Chapter XX (Minor Use
Permits) and subject to the standards in subsection F of this Section.
a. Public and private educational programs different from those normally conducted at the school, such as
full-time, adult programs at an elementary school, or professional, vocational or recreational classes;.
2. b. Storage of furnishings and records;.
c. Day Care Centers for children.
d. Business and Professional Offices.
e. Instructional Services.
f. Maintenance and Repair Services.
3. Telephone answering or paging service;
4. Stenographic, court reporting, typing, graphic design, editing and translating services;
5. Child day care.
C. Uses Allowed with AdministrativeConditional Use Permit Approval. If the director approves an
administrative use permit, as provided in Sections 17.58.020 through 17.58.080, subject to the standards in
subsection (F) of this section, the The following uses may be established within public schools in the PF zone:
1. Office – Business and service;
2. Government agency administrative offices with infrequent visitation;
3. Social service organizations;
4. Studio – Art, dance, martial arts, music, etc.;
5. Office for equipment sales or repair, excluding on-site sales or vehicle repair;
6. Clothing repair or alterationon public school properties subject to approval of a Conditional Use Permit, as
provided in Chapter XX (Conditional Use Permits), and repair of small appliances, watches, musical
instruments and similar items;
7. Processing offices;
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8. Maintenance service, client site services.
D. Uses Allowed with Planning Commission Approval. If the planning commission approves a use permit, as
provided in Section 17.58.080, subject to the standards in subsection (F) of this section, the following uses
may be established within public schools in the PF zone:C.5 of this Section.
1. a. Business support services;Support Services.
2. Library, museum.
E. b. Cultural Institutions.
4. Other Uses Allowed. Other uses may be allowed, or allowed with administrative or planning commission
approval. The community development director must via by Minor Use Permit or by Conditional Use Permit.
Upon receipt of an application for a use not listed in subsections C.2 or C.3 above, the Director shall determine
thatwhether the use is similar in character and impacts on its surroundings to one of those listed in subsections
(B), (C) or (D) of this sectionC.2 or C.3 above and shall determine the permit process required or shall
determine that the use does not meet the intent of this Section and therefore is not allowed.
F.5. Development and Performance Standards. The following standards shall be conditions of
approval for all types of permits. Whether these standards can reasonably be met shall be considered by the
review authority when deciding if a use permit should be approved for a specific use in a specific location:
1. a. Parking as required by Section 17.16.060Chapter XX (Off-street Parking and Loading) shall be
provided;.
2. There will be adequateb. Adequate space for the function itself and supporting activities such as
parking shall be provided, in addition to all other activities previously established at the school;.
3. c. The use will not require structural changes to the school building, inconsistent with future school use
of the building, unless there is written guarantee is provided by the permittee that the building will be
restored for school use upon termination of the lease or permit;.
4. There will be minimald. Minimal customer, client, or delivery traffic will occur, to the satisfaction of the
review authority;
5. e. Clients or customers shall not visit the leased space between eleven p.m.11`:00 PM and seven
a.m.;7:00 AM.
6. There will be minimalf. Minimal employee activity will occur at night and on weekends;, to the satisfaction
of the review authority.
7. g. Activities shall be conducted entirely within the school building or on established playing fields and
shall not alter the appearance of the building or the playing fields, except as provided in subsection
(FG)(3) of this subsection;.
8. h. No vehicle larger than a three-quarter-ton truck mayshall be used by theany tenant at the lease site;.
9. i. Activities conducted and materials or equipment used shall not change the fire-safety or occupancy
classifications of the premises until a building permit has been issued and the necessary improvements
installed;.
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10. j. No use shall cause noise, dust, vibration, offensive smell, smoke, glare or electrical interference, or
other hazard or nuisance;.
11. k. All uses mustshall meet fire departmentFire Department standards for access, hydrant locations, and
fire flow prior to occupancy. (Ord. 1500 § 3 (part), 2007; Ord. 1016 § 1 (part), 1984: Ord. 941 § 1 (part),
1982: prior code § 9203.7(C))
17.86.250 – Service/Fueling Stations
17.08.030 Service stations.
Service
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) are compatible with surrounding and adjacent uses and do not create adverse impacts on adjacent
properties.
B. Standards. Service/fueling stations are permitted as specified in the zone district regulations, subject to the
following conditionsstandards:
1. A. Premises adjoining residential zones shall be screened from such zones by a minimum six-foot-high
landscaped visual barrier, subject to the limitations of Section 17.16.050, XX.XX (Fences, wallsWalls, and
hedges.Hedges).
2. 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.
3. C. Bells or other sound signals shall be turned off between ten p.m.10:00 PM and seven a.m.7:00 AM if the
station is adjacent to a residential zone.
4. D. Pump islands shall be located at least fifteen15 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. E. Repair work shall be doneperformed and dismantled vehicles shall be stored inside a building or area
screened so that itsuch area is not visible from off the premises. (See also Chapter 17.18,
6. Compliance with Section 17.xxx.xx (Performance Standards,) and SectionChapter 5.36.020, Alcoholic
beverages—Sale prohibited—Exceptions.) (Ord. 1265 § 2 Ex. A, 1994) (Service Stations) is required.
C. Additional Conditions and Requirements. This Section permits the Director 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.
17.86.260 – Temporary and Intermittent Uses
17.08.010 Temporary uses.
A. Purpose and Intent. The provisions codified in this chapterSection provide for certain temporary and intermittent
uses. as defined in Article 9 (Definitions) and where permitted in Article 2 (Zones, Allowable Uses, and
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Development and Design Standards). It establishes standards and procedures to assureensure that such uses
are compatible with their surroundings and the intent of these regulations.
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. The directorAll such uses shall require issuance of a Temporary Use Permit pursuant
to Section 17.xx.xxx (Temporary Use Permits) of this Title. The Director shall determine the extent to which any
permanent on-site parking and other facilities may satisfy the requirements for the proposed use. A temporary use
approval is not intended to allow a land use that is not allowed in the primary zoning district, other than in the
specific cases listed in subsection CB of this sectionSection.
The director may refer any proposed temporary or intermittent use to an administrative hearing or to the planning
commission for action.
B. Definitions. A “temporary use” is one which is established at a particular location for less than one year. An
“intermittent use” is one which occurs no more than 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.
C. Specific Cases.
1.
B. 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 by the directorvia
Director’s Action. Such an office may be located within a residence or a common or temporary building. If a
temporary building is used, it shall be removed upon termination of the use.
2. Mobile Home as Construction Office.
a. A mobile home may be used as a temporary office at a construction site for not more than six months
upon written approval of the chief building officialChief Building Official subject to any conditions he or
she deemsdeemed 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 eighteen18 months,
by the chief building officialChief Building Official.
b. An administrative use permit A Director’s Action 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 chief building official’sChief Building
Official’s approval, the mobile home may be occupied by a resident guard or caretaker, provided it is
properly connected to cityCity utilities or other safe means of waste disposal is assuredensured.
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.
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4. Recreational Vehicle as Temporary Dwelling. A recreational vehicle may be parked in a residential
parking space or driveway for periods not to exceed seven days, for the purpose of housing guests of on-
site residents only. Such recreational vehicle shall not be parked so as to prevent residents of any other
dwellings on the site from using their assigned parking spaces, nor shall it discharge waste or sewage into
the city’s sewage system. No hose, electrical cord, pipe, wire, or other device extending from the vehicle
may be permitted to encroach on any access easement or sidewalk.
5. Construction Activities. Construction and demolition, including fabrication of building components and
other activities normally associated with property development and maintenance, may be conducted in
any zone, provided they are pursued according to plans and procedures approved by the chief building
official.
6.
3. Educational Conferences. Student housing complexes normally occupied for part of the year may be used
during their vacant periods for educational conferences, provided an administrative use permita Minor Use
Permit is approved by the director. The occupancy of such facilities during educational conferences shall not
exceed the maximum established by any prior cityCity approval for residential occupancy.
7. 4. Parades, Carnivals, Fairs, Festivals. Use of privately owned property for parades, carnivals, fairs,
and festivals requires approval of an administrative use permit.Temporary Use Permit. Where these events
involve public property, coordination with the city clerk’sCity Clerk’s office is required.
8. 5. Other Temporary or Intermittent Uses. and Special Events. Upon approval of an administrative
use permita Temporary Use Permit, 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 Director’s Action. 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)
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.
17.86.270 – Utilities Facilities
Utilities facilities, not including wireless telecommunication facilities, shall be established and maintained in accordance
with the following standards, in addition to any conditions that may be imposed via the discretionary review process.
A. Utilities transmission stations and substations shall be screened from view from private properties and public
rights-of-way by decorative block walls, landscaping, or a combination of walls and landscaping.
B. Indoor vending machines All such facilities shall be secured to prevent unauthorized access.
C. Where utility facilities are accessory to allowed uses. proposed to be placed on a sidewalk or other pedestrian or
bicycle travel path within a public right-of-way, sufficient clearance, as determined by the Director, shall be provided
to allow for safe pedestrian and bicycle travel.
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D. Aboveground utilities facilities shall be painted or otherwise have an exterior treatment that is neutral in color.
Alternatively, the review authority may authorize the painting of artwork on such facilities, consistent with any such
program or guidelines the City may establish.
17.86.280 – Vending Machines
Outdoor vending machines are allowed in all commercial (“C”) zones subject to the following standards.
1. A. Vending machines shall be located along the face of a building or against a structure designed to
accommodate them;.
2. TheyB. Vending machines shall be visible from access drives or public streets;.
3. TheyC. Vending machines shall occupy not more than ten10 percent of the length of the wall facing the street
or access drive, or twenty20 feet, whichever is less;.
4. TheyD. Vending machines shall not obstruct private pedestrian walkways; a. A minimum of forty-four44
inches shall be kept clear of obstructions, or more if pedestrian traffic volume warrants. They
E. Vending machines are not allowed on public sidewalks. (Ord. 1266 § 2 Ex. A, 1994)
17.86.290 – Wireless Telecommunications Facilities
17.16.120 Wireless telecommunication facilities.
A. Purpose. To establish standardsThese regulations are established 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 avoidingavoid adverse
visual and environmental impacts. These standards are not intended to be all-inclusive. Projects may be subject
to additional standards deemed appropriate through architectural review and usediscretionary permit processing
to address site-specific conditions.
B. Definitions.
1. “Wireless telecommunication facilities” consist of commercial wireless communication systems, including
but not limited to cellular, PCS, paging, broadband, data transfer, and any other type of technology that
fosters wireless communication through the use of portable electronic devices. A facility includes all
supporting structures and associated equipment.
2. “Co-location” is the practice of two or more wireless telecommunication service providers sharing one
support structure or building for the location of their antennas and equipment.
3. “Stealthing” means improvements or treatments added to a wireless telecommunication facility which
mask or blend the proposed facility into the existing structure or visual backdrop in such a manner as to
render it effectively unnoticeable to the casual observer.
C. Exempt Facilities. The following wireless telecommunication facilities are exempt from the requirements of this
sectionSection:
1. Government-owned communication facilities used primarily to protect public health, welfare, and safety.
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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 17.16.100 et al.xxx.xx
(Satellite Dish Antenna) of the zoning ordinancethis Title.
4. Any facility specifically exempted under federalFederal or stateState law.
D. C. Planning Applications and Approvals Required.
1. Installation of a new wireless telecommunication facility or significant modification, as determined by the
director, of an existing installation, as determined by the Director, shall require administrative use permitMinor
Use Permit approval and architectural 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 Director’s Action for architectural review.
3. The applicant shall submit application materials and fees as required by the community development
department.
D.
E. Building Permit Required. Wireless communication facilities shall not be constructed, installed, or modified prior
to obtaining a cityCity building permit.
F.
E. Site Development and Performance Standards.
1. Setbacks. All facility towers and accessory structures shall comply with the setback requirements of the
applicable zoning districtzone.
2. Height. The height of any antenna or support equipment shall be determined as part of the use
permitAdministrative Use Permit on a case-by-case basis. All facilities shall be designed to the minimum
necessary functional height.
3. Site Access. Telecommunication facilities should use existing roads and parking whenever possible. New
and existing access roads and parking shall be improved and surfaced where necessary to the satisfaction of
the community development 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 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.
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c. All connections and conduits between the base of the antenna(s) and support equipment shall be
undergrounded. Connections and conduit above ground shall be fully enclosed to the satisfaction of the
community development director.Director. 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 cityCity with a notice of intent to modify site equipment in any way. At the time of modification, co-
location, or upgrade of facilities, existing equipment shall be replaced with equipment of equal or greater
technical capacity and modified to reduce aesthetic impacts by reducing the size of the facility or introducing
camouflaging techniques to the satisfaction of the community development director.Director. Unused or
obsolete equipment or towers shall be removed from the site within ninety90 days after their use has ceased.
8. Number of Facilities Per Site. The cityCity 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-five dB at the property line or within twenty feet of such equipment, whichever is less. This
requirement may be modified at the discretion of the community development director where typical ambient
noise levels exceed fifty-five dB. Outdoor noise-producing construction activities shall take place only on
weekdays between the hours of eight a.m. and five p.m. unless a different schedule is approved as part of
the use permit. Noise. Operations of wireless communications facilities shall comply with the requirements
of Chapter 9.12 (Noise Control) for the zone in which they are located.
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 a.m.8:00
AM and five p.m.5:00 PM.
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 city,City and shall be subject to use permitMinor Use Permit
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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 permitMinor Use 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 airport land use commissionAirport Land Use
Commission 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 RF radiationRFR
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 cityCity 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 permitMinor 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 permitMinor 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 cityCity 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
cityCity with a notice of intent to vacate the site a minimum of thirty30 days prior to ceasing operation. Any wireless
telecommunication facility that is not operated for a continuous period of ninety90 days shall be removed within
ninety90 days of the date upon which the operation ceased.
H. Revocation of a Permit. Wireless telecommunication service providers shall fully comply with all conditions
related to any permit or approval granted under this section. Failure to comply with any condition shall constitute
grounds for revocation. If a condition is not remedied within a reasonable period, the community development
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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ARTICLE 5: NONCONFORMITIES
CHAPTER 17.XX92. NONCONFORMING STRUCTURES
17.92.010 – Intent
17.14.010 Intent.
A structure which lawfully existed on the effective date of applicable sections of the ordinance codified in this
divisionTitle, but which does not comply with one or more of the property development standards for the zone in which
it is located, is a “nonconforming structure.” This chapterChapter is intended to provide for the correction or removal of
such structures as soon as practical, but not unduly encumber maintenance and continued use of otherwise sound
structures. (Ord. 1500 § 3 (part), 2007: Ord. 941 § 1 (part), 1982: prior code § 9202.4(A))
Regulations
17.1492.020 Regulations. – Limits on Reconstruction – Exceptions
A. A. A nonconforming structure that is involuntarily damaged to an extent of one-half or more of its replacement
cost immediately prior to such damage, as determined by the Chief Building Official, may be restored only if
made to conform. However,
B. Notwithstanding paragraph A, above, nonconforming residences in somethe R-1, R-2, R-3, R 4, O, C-N, C-C, C-
R, C-T, C-D, and C/OS zones that have been involuntarily damaged to an extent of one-half or more of its
replacement value cost immediately prior to such damage, as determined by the Chief Building Official, may be
allowed to be restoredrebuilt at the originalsame density and up to the same size, even if under the density and
size do notfollowing circumstances:
1. All construction must conform to current regulations (see Section 17.16.010(E)).building codes, Zoning
Regulations, and design guidelines, except that the previously existing number of dwelling units and size of
buildings will be allowed.
B. 2. A building permit for the replacement structure(s) must be obtained within three years of the date of
the damage or destruction.
3. Notwithstanding the above provisions, application for replacement structures of the same density and size
may be denied if the Director makes one of the following findings:
a. The reconstruction, restoration, or rebuilding will be detrimental or injurious to the health, safety, or
general welfare of persons living or working in the neighborhood.
b. The reconstruction, restoration, or rebuilding will be detrimental or injurious to property and
improvements in the neighborhood.
d. There no longer exists a zone in which the existing nonconforming use is permitted.
C. Changes to structural elements, interior partitions or other nonstructural improvements and repairs may be made
to a nonconforming building. However, demolition (see, as defined in Chapter 17.100 for definition of
demolition)XXX (General Definitions), and reconstruction shall be permitted only if the structure is made to
conform.
D. C. Replacement costs shall be determined byDecisions of the chief building official, whose decisionChief
Building Official regarding replacement cost may be appealed to the councilCity Council.
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E. D. Exceptions to this chapterChapter may be granted by the directorDirector for historic structures designated as
such in any list or plan element adopted by the cityCity, or for buildings that are over fifty50 years old where the
existing building and any proposed additions or modifications are compatible with the surrounding neighborhood,
as determined by the Director.
F. E. Exceptions to this chapterChapter may be granted to allow additions to nonconforming structures occupied by
conforming uses, subject to a finding of consistency with the intent of this chapter.Chapter as follows:
1. Conforming additions to residential structures may be approved by the directorDirector without public
hearing.
2. Upon approval of The Director, through a use permit the directorDirector’s Action, may allow other
yardscertain setbacks to be reduced to zero in some instances for minor additions to existing legal
nonconforming structures (see Section 17.16.020(E)(2) (d)).
3. G. The value of additions allowed pursuant to subsections (EF)(1) and (2) of this section shall be excluded from
calculation of replacement cost of the nonconforming structure. (Ord. 1500 § 3 (part), 2007: Ord. 1346 § 2 (part),
1999; Ord. 1006 § 1 (part), 1984; Ord. 941 § 1 (part), 1982: prior code § 9202.4(B))
17.16.035 Size limits on large-scale retail establishments.
A.92.030 – Large-scale commercial buildings shall not exceed the retail size limits established for
each commercial zone, see Retail Establishments
Sections 17.38.020, 17.40.020, 17.42.020, 17.44.020 and 17.46.020.
B. Exceptions to Retail Building Size Limits of this Title establish limits on the size of large-scale retail commercial
buildings. When an otherwise lawful retail establishment existed on the effective date of the size limits, such structure
shall be considered a development nonconformity but may be continued, structurally altered, repaired, or
reconstructed so long as it is not increased, extended, or enlarged beyond the gross floor area of the building that
existed on that date. To the extent practicable, the design guidelines for large-scale retail projects shall be applied to
any alteration, reconstruction or repair that takes place after the effective date of the size limits. (Ord. 1405 § 4, 2001)
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CHAPTER 17.XX94. NONCONFORMING USES
17.94.010 – Definition and Intent
17.10.010 Intent.
A nonconforming use is one which was legally established on the effective date of applicable sections of these
regulationsthis Title but which is not now an allowed or conditionally allowed use in the zone in which it is located.
The intent of these regulations is to prevent the expansion of nonconforming uses, establish the circumstances under
which they may be continued, and provide for their removal or change to a conforming use as soon as practical.
(Ord. 941 § 1 (part), 1982: prior code § 9202.2(A))
17.94.020 – Regulations
17.10.020 Regulations.
A. Change of ownership, tenancy, or management of a nonconforming use shall not affect its legal, nonconforming
status.
B. A nonconforming use may be continued and a nonconforming use may be changed to another nonconforming
use, provided:
1. A nonconforming use which ceases for a continuous period of six12 months shall lose its nonconforming
status and the premises on which the nonconforming use was located shall from then on be used for
conforming uses.
2. A nonconforming use may be replaced with another; provided, that an administrative nonconforming use
permit is approved bythrough approval a Director’s Hearing process. In granting such approval, the director.
The director mustDirector shall find that the new use has similar or less severe impacts on its surroundings in
terms of noise, traffic, parking demand, hours of operation and visual incompatibility. The applicant shall
submit evidence of the date when the original nonconforming use was established.
3. A nonconforming single-familyunit dwelling used as a residence may be continued without limitation by this
section, and if involuntarily damaged or destroyed, may be reconstructed or replaced with a new
structureadded to consistent with the same footprint and height, in compliance with current California Building
Standards Code requirements.standards of the R-1 zone, including establishment of an Accessory Dwelling
Unit.
C. A lot occupied by a nonconforming use may be further developed by the addition of conforming uses and
structures, provided an administrative use permit is approved. (See Sections 17.58.020 through 17.58.080.) (Ord.
1438 § 8 (part), 2003; Ord. 941 § 1 (part), 1982: prior code § 9202.2(B)) via the Director’s Hearing process.
17.94.030 – Nonconforming Parking
Nonconforming parking is addressed in Section 17.XX.XXX (Nonconforming Parking Regulations) of this Title.
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CHAPTER 17.XX96. NONCONFORMING LOTS
17.96.010 – Intent
17.12.010 Intent.
A lot having less area, width, depth, or frontage than required by the subdivision regulationsSubdivision Regulations,
as set forth in Title 16 of this codethe Municipal Code, for the zone in which it is located, but which was lawfully
created prior to the effective date of regulations requiring such greater area or dimension, shall be considered a
nonconforming lot. These regulations are intended to provide for the reasonable use of such nonconforming lots,
consistent with other standards adopted to protect the public health, safety and general welfare. (Ord. 1265 § 2 Ex.
A, 1994)
17.96.020 – Regulations
17.12.020 Regulations.
A. If a nonconforming lot has been held in common ownership with any contiguous property at any time since
November 18, 1977, and it otherwise meets the requirements for parcel merger under Government Code Section
66451.11, it may not be individually developed. The area within such a lot may be developed only after it has been
merged with contiguous property, or otherwise resubdivided in conjunction with the contiguous property to create
one or more conforming parcels or one parcel which more nearly conforms.
B. In an R-1 or R-2 zone, the merger or resubdivision requirements set forth in subsectionparagraph A of this
sectionSection shall not apply to a nonconforming lot and contiguous commonly owned property where each of
the parcels has an area, width, depth, and frontage equal to at least eighty80 percent of the minimum required in
the subdivision regulationsSubdivision Regulations (Title 16 of this code).
C. If a nonconforming lot has not been held in common ownership with any contiguous property since November 18,
1977, it may be individually developed.
D. Property development standards of the applicable zone shall apply to nonconforming lots; except, that. However,
the density standards shall not prevent construction of a single dwelling unit where otherwise permitted by this
chapter. (Ord. 1365 § 3 (part), 2000; Ord. 1346 § 2 (part), 1999; Ord. 1265 § 2 Ex. A, 1994)Chapter.
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ARTICLE 6: PERMIT PROCEDURES
CHAPTER XX17.102: GENERAL PROVISIONS
17.102.010 – Purpose and Intent
This Article 6 establishes the overall structure for the application, review, and action on City-required permit and project
review applications and identifies and describes those discretionary permits and other approvals required by these
Zoning Regulations in Table 6-1 (Review Authority).
17.New
102.020 – Discretionary Actions and Permits and
A. Director’s Actions. Except when combined with legislative actions or other non-administrative actions defined in
this Division, the Director, also defined in these Zoning Regulations as the designee of the Director, is the
designated review authority for the following quasi-judicial permits and actions, which are generally limited to
interpretation of policy or relatively minor adjustments of Zoning Regulations standards. Additionally, the Director
has primary administrative authority over certain activities which require the determination of compliance with
applicable Zoning Regulations provisions. The Director, at the Director’s sole discretion, may elevate the level of
review to a higher review process and/or authority.
1. Affordable Housing Incentives. An action authorizing a residential density bonus in compliance with Chapter
17.xx (Affordable Housing Incentives).
2. Development Review – Minor. An administrative action providing for the review of and action on certain
development applications identified in Section 17.xx.xxx (Development Review – Minor).
3. Director’s Action on Exceptions. An administrative action granting exception (modification or deletion) to
certain specified development standards of these Zoning Regulations in cases where strict compliance would
result in a hardship, as specified in and processed in compliance with Section 17.xx.xxx (Director’s Action).
New
Exemptions from
4. Home Occupation Permits. An administrative permit authorizing the operation of a specified home-based
occupation in a particular location in compliance with the provisions of these Zoning Regulations and in
compliance with procedures specified in Article 4, Section 17.xx.xxx (Home Occupation Permits).
5. Reasonable Accommodations. An administrative permit authorizing limited modifications to properties to
accommodate a person with physical or mental impairments that substantially limit on or more major life
activities in compliance with specific criteria and performance standards and in compliance with procedures
specified in Section 17.xx.xxx (Reasonable Accommodations).
6. Temporary Use Permits. An administrative permit authorizing specific limited term uses in compliance with
specified conditions and performance criteria specified in Article 4, Section 17.xx.xxx (Temporary Use
Permits).
7. Zoning Regulations Interpretations. An administrative interpretation of certain provisions of these Zoning
Regulations in an effort to resolve conflict or ambiguity in the regulations and to ensure their consistent
application in compliance with Section 17.xx.xxx (Interpretation of the Zoning Regulations Provisions).
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B. Director’s Hearing. Except when combined with legislative actions, the Director, via a public hearing process, is
the designated review authority for the following quasi-judicial permits and actions. A public hearing is required for
the following quasi-judicial actions in compliance with Section 17.xx.xxx (Public Notices and Hearings).
1. Development Review - Moderate. An administrative action providing for the review of and action on certain
development applications identified in Section 17.xx.xxx (Development Review – Moderate).
2. Director’s Hearing on Exceptions. An administrative action granting exception (modification or deletion) to
certain specified development standards of these Zoning Regulations in cases where strict compliance would
result in a hardship, as specified in and processed in compliance with Section 17.xx.xxx (Director’s Hearing),
and other than those exceptions cited in Section 17.xx.xxx for Director’s Action.
3. Director’s Hearing on Various Permits. A quasi-judicial action authorizing the construction or alteration of
specific development projects as set forth in Table 6-1 and as otherwise called for in these Zoning Regulations
for projects subject to a Director’s Hearing. A public hearing is required in compliance with Section 17.xx.xxx
(Public Notices and Hearings).
4. Minor Use Permits. A permit authorizing the operation of a specific use of land or a structure in a particular
location in compliance with the provisions of these Zoning Regulations and in compliance with procedures
specified in Section 17.xx.xxx (Conditional Use Permits and Minor Use Permits).
5. Revocation of Director’s Hearing Actions and Minor Use Permits. A judicial process providing for the
review of potential violations of conditions of approval for an authorized use or structure, and for the revocation
of such approval based upon findings set forth in Section 17.xx.xxx (Revocations).
6. Variances. An action granting exception to the development standards of these Zoning Regulations in cases
where strict compliance would result in a unique hardship in compliance with Section 17.xx.xxx (Variances).
C. Planning Commission Permits and Actions. Except when combined with legislative actions, the Planning
Commission is the designated review authority for the following quasi-judicial permits and actions. Additionally,
the Planning Commission may review administrative permits and actions referred by the Director. A public hearing
is required for the following quasi-judicial actions in compliance with Section 17.xx.xxx (Public Notices and
Hearings).
1. Adjustments to Standards in the Downtown-Commercial (C-D) Zone. A process for making adjustments,
on a project-specific basis, to the development standards applicable to development in the C-D zone, as
specified in Chapter XX (Downtown-Commercial [C-D] Zone).
2. Building Setback Lines. A process for adoption of official building setback lines, as specified in Section
17.xx.xxx (Building Setback Lines).
3. Conditional Use Permits. A permit authorizing the operation of a specific use of land or a structure in a
particular location in compliance with the provisions of these Zoning Regulations and the procedures specified
in Section 17.xx.xxx (Conditional Use Permits and Minor Use Permits).
4. Development Review - Major. A process providing for the review of and action on certain development
applications identified in Section 17.xx.xxx (Development Review – Major).
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5. PD Overlay Zone – Amendments to Final Development Plan. A process for reviewing proposed
amendments to an adopted Planned Development Overlay (PD) Zone or final development plan as specified
in Chapter 17.XX (Planned Development [PD] Overlay Zone).
6. Planning Commission Hearing on Various Exceptions and Special Development Projects. A quasi-
judicial action authorizing an exception (modification or deletion) to certain specified development standards
of these Zoning Regulations and for the construction or alteration of specific development projects as set forth
in Table 6-1 and as otherwise called for in these Zoning Regulations. A public hearing is required in
compliance with Section 17.xx.xxx (Public Notices and Hearings).
7. Revocation of Conditional Use Permits. A judicial process providing for the review of potential violations of
conditions of approval for an authorized use or structure, and for the revocation of such approval based upon
findings set forth in Section 17.xx.xxx (Revocations).
D. Legislative Actions. The designated review authority for all legislative actions is the City Council, based on
recommendations provided by the Planning Commission. A public hearing is required for the following legislative
actions in compliance with Section 17.xx.xxx (Public Notices and Hearings).
1. Development Agreements and Amendments. An agreement between the City and a party with legal or
equitable interest in the real property relating to the development of property in compliance with Chapter 17.xx
(Development Agreements).
2. General Plan Text/Map Amendments. An action authorizing either a text amendment to the General Plan
or a map amendment changing the General Plan land use designation of particular property in compliance
with Chapter 17.XX (General Plan Amendments).
3. Specific Plan and Amendments. A regulatory document prepared in compliance with Government Code
Section 65450 et seq. for the systematic implementation of the General Plan for a particular area as specified
in Chapter 17.XX (Specific Plans).
4. Zoning Regulations Text/Zoning Map Amendments. An action authorizing either a text amendment to
these Zoning Regulations or a map amendment changing the zoning designation of particular property in
compliance with Chapter 17.XX (Amendments – Zoning Regulations and Zoning Map).
NOTE FOR HEARINGS: The Applicable Code Section column will be filled in once the numbering has been
completed.
Table 6-1 - Review Authority
Type of Action Applicable
Code Section
Role of Review Authority (1) (2)
Administrative Public Hearing City Council
Director’s Action
Affordable Housing Incentives Decision
Development Review – Minor Decision
Director’s Action – Exceptions
- Antenna heights Decision
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Table 6-1 - Review Authority
Type of Action Applicable
Code Section
Role of Review Authority (1) (2)
Administrative Public Hearing City Council
- AOZ uses and calculations
for nonresidential intensity
- Fence heights
- Front yard paving
- Historic structures
- Homestay
- Lot merger
- Parking reductions (except
for mixed-use
development)
- Parking and driveway
designs
- Parking lot lights
- Trash enclosures in
setbacks
Director’s Action
- Accent Lighting
- Building height of 60 feet
recommended by ARC
- Density slope calculation
exception
- Education conference in
student housing
- Final Development Plan
amendment - Minor
- Home occupation: use in
conflict with regulations
- Large family day care
- Minor additions – zero
setback
- Nonconforming use
replacement or modification
- Outdoor sales
- Parking: off site
- Parking lifts
- Special Considerations
overlay
- Tandem parking –
nonresidential
- Temporary construction
office (off-site)
- Trip reduction plan
- Two or more single-unit
homes on lot in R-1 zone
Decision
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Table 6-1 - Review Authority
Type of Action Applicable
Code Section
Role of Review Authority (1) (2)
Administrative Public Hearing City Council
- Vehicle access in C-D zone
- Other (for development
actions specified in these
Zoning Regulations as
requiring a Director’s
Action)
Home Occupation Permits Article 4, Sec.
17.xx.xxx Decision
Reasonable Accommodations Decision
PD Overlay Zone – Minor
Amendments to Final
Development Plan
Decision
Temporary Use Permits Article 4, Sec.
17.xx.xxx Decision
Zoning Regulations
Interpretations Decision
Director’s Hearing
Development Review – Moderate Recommend Decision
Director’s Hearing
- Building height exceptions
(except in C-D zone,
which requires Planning
Commission review)
- Creek setback exceptions
- Dish-type satellite antenna
exceptions
- Grocery store floor area
limitation exception
- Height exception – Office
zone
- Lot coverage requirement
exceptions
- Parking as a principal use
- Parking reductions for
mixed-use development
- Performance Standards
exceptions
- Residential conversion to
nonresidential use
Recommend Decision
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Table 6-1 - Review Authority
Type of Action Applicable
Code Section
Role of Review Authority (1) (2)
Administrative Public Hearing City Council
- Retail store floor area
limitation exception
- Revocation of Director’s
Hearing approvals
- Telecommunications
facilities nuisances
- Yard setback exceptions
Downtown Housing Conversions Recommend Decision
High Occupancy Residential Use Recommend Decision
Minor Use Permits and MUP
Revocations Recommend Decision
Variances Recommend Decision
Planning Commission Review
Building Setback Lines Recommend Decision
Conditional Use Permits Recommend Decision
Development Review – Major Recommend Decision
Downtown Commercial Zone –
Adjustments to Standards Recommend Decision
Downtown housing conversion
exceptions Recommend Decision
Final Development Plan
Amendment - Major Recommend Decision
Parking reductions in C-D zone Recommend Decision
PD Overlay Zone – Major
Amendments to Final
Development Plan
Recommend Decision
Revocation of prior Planning
Commission action Recommend Decision
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Table 6-1 - Review Authority
Type of Action Applicable
Code Section
Role of Review Authority (1) (2)
Administrative Public Hearing City Council
Safe Parking Recommend Decision
SF Overlay Zone – Review
Authority in Specific Focus Areas Recommend Decision
Legislative Actions - Council Review
Development Agreements and
Amendments Recommend Recommend Decision
General Plan Amendments Recommend Recommend Decision
Planned Developments Recommend Recommend Decision
Specific Plans and Amendments Recommend Recommend Decision
Zoning Map Amendments Recommend Recommend Decision
Zoning Regulations Amendments Recommend Recommend Decision
Notes:
(1) "Recommend" means that the review authority makes a recommendation to a higher decision-making body; "Decision"
means that the review authority makes the final decision subject to Appeal Procedures outlined in Chapter 17.XX
(Appeals).
(2) The review authority may defer action and refer the request to the higher level review authority for consideration and final
decision.
E. Multiple Permit RequirementsApplications
New
1. Concurrent Filing. An applicant for a development project that requires the filing of more than one application
(e.g., Conditional Use Permit, Tentative Map, etc.), shall file all related applications concurrently, together with
all required application fees, unless these requirements for concurrent filing are waived by the Director.
2. Concurrent Processing. Multiple applications for the same project shall be processed concurrently and shall
be reviewed and acted upon by the highest review authority designated by these Zoning Regulations for any
of the applications. For example, a project for which applications for Moderate Development Review project
and a Conditional Use Permit are filed shall have both applications decided by the Planning Commission,
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instead of the Director being the final decision-making authority for the Moderate Development Review project,
as otherwise required by Table 6-1 (Review Authority).
17.102.030 – Additional Permits May Be Required
A. A land use on property that complies with the permit requirement or exemption provisions of these Zoning
Regulations shall also comply with the permit requirements of other Municipal Code provisions and any permit
requirements of other agencies before construction or use of the property is commenced. All necessary permits
shall be obtained before starting work or establishing a new use, with the exception that a demolition permit may
be obtained and demolition work carried out prior to starting work or establishing a new use. Nothing in these
Zoning Regulations shall eliminate the need to obtain any permits required by:
1. Any other Municipal Code provisions, including building, grading, or other construction permits; a Business
License in compliance with Municipal Code Title 5 (Licenses, Permits, and Regulations), if required, or
subdivision approval if required by Title 16 (Subdivisions); or
2. Any applicable County, regional, State, or Federal regulations.
B.New
Grading shall not be commenced, and no structure shall be altered, enlarged, erected, moved, or rebuilt subject
to the provisions of this Section, except in compliance with the approved permit and the conditions imposed.
17.102.040 – Burden of Proof and Precedence
A. Burden of Proof. The burden of proof to establish the evidence in support of the required finding(s) for any permit
or approval in compliance with these Zoning Regulations is the responsibility of the applicant.
B. Precedence.
1. Each permit or approval shall be evaluated on a case-by-case basis.
2.New The granting of a prior permit or approval, or the denial of a permit, either on the subject property or
any other property within the City does not create a precedent and is not justification for the granting or denial
of a new permit under current review.
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CHAPTER XX17.104: PERMIT APPLICATION FILING AND PROCESSING
17.104.010 – Purpose
New
and Authority for Land Use and ZoningPlanning Decisions
New
Multiple Permit Applications
New
A. This Chapter provides procedures and requirements for the preparation, filing, and initial processing of the land
use permit applications and legislative actions required by the City and specified in these Zoning Regulations.
B. Table 6-1 (Review Authority) identifies the review authority responsible for reviewing and making decisions on
each type of application required by these Zoning Regulations.
C. The Architectural Review Commission has the authority to review and make recommendations to either the
Director or the Planning Commission, depending upon the type of project application, regarding compliance with
applicable design guidelines. Municipal Code Section 2.48.050 (Projects Subject to Architectural Review)
establishes the types of projects subject to architectural review
17.104.020 – Application Preparation and Filing
17.58.020 Application form.
Application shall be made to the community development departmentCommunity Development Department in the form
prescribed by the directorDirector, including, as may be necessary, site plans, written descriptions of activities to be
conducted, technical studies of site characteristics, and so on. (Ord. 1265 § 2 Ex. A, 1994; Ord. 941 § 1 (part), 1982:
prior code § 9204.2(B))any other materials set forth on the application form or otherwise prescribed by City policy.
17.104.030 – Application Fees
Chapter 17.68
FEES
Sections:
17.68.010 Establishment authority.
17.68.010 Establishment authority.
The councilCouncil may, by resolution, establish fees for applications and procedures required by these regulations,
to the extent such fees have a reasonable relationship to the costs incurred in processing the applications and providing
public notice. (Ord. 941 § 1 (part), 1982: prior code § 9204.10)
17.104.040 – Applicant Indemnification
New
A. Applicant Agreement
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1. At the time of submitting an application for a discretionary land use approval, the applicant shall agree as part
of the application, to defend (with legal counsel of City’s selection), indemnify, and hold harmless the City and
its agents, attorneys, employees, and officers from any action, claim, or proceeding brought against the City
or its agents, employees, and officers to annul, attack, set aside, or void a discretionary land use approval of
the City.
2. The required indemnification shall include damages awarded against the City, if any, costs of suit, attorney’s
fees, and other costs and expenses incurred in connection with the action.
B. City Notification of Applicant. In the event that an action, claim, or proceeding referred to in subsection A above
is brought, the City shall promptly notify the applicant of the existence of the action, claim, or proceeding and shall
cooperate fully in the defense of the action, claim, or proceeding.
C. City Participation in Defense. Nothing in this Section shall prohibit the City from participating in the defense of
any action, claim, or proceeding if the City elects to bear its own attorney’s fees and costs and defends the action
in good faith.
17.104.050 – Initial Application Review
New
Project Evaluation and Staff Reports
New
A.
Environmental Review
New
Reapplication for Denied Permit ApplicationCompleteness
1. Criteria for Review. The Director shall review each application for completeness and accuracy before it is
accepted as being complete and officially filed. The Director's determination of completeness shall be based
on the City's list of required application contents and any additional written instructions provided to the
applicant in any pre-application conference and/or during the initial application review period.
2. Notification of Applicant. As required by Government Code Section 65943, within 30 calendar days of
application filing, the applicant shall be informed, in writing, either that the application is complete and has
been accepted for processing, or that the application is incomplete and that additional information, specified
in the Director's letter, shall be provided. This requirement shall not apply to any legislative actions.
3. Submittal of Additional Information.
a. When the Director determines that an application is incomplete, the time used by the applicant to submit
the required additional information shall not be considered part of the time within which the determination
of completeness shall occur.
b. The additional specified information shall be submitted in writing or electronically, as required by the
Director.
c. The Director’s review of any information resubmitted by the applicant shall be accomplished in
compliance with Subparagraph A. 1., above, along with another 30-day period of review for completeness
for each resubmittal necessary.
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Environmental Chapter 17.64
REPEAT APPLICATIONS
Sections:
17.64.010 Waiting period of one year required when—Exceptions.
17.64.010 Waiting period of one year required when—Exceptions.
4. A. When any application made pursuant to these regulations has been denied, no new application which is
substantially the same shall be filed within one year of the date of the previous denial unless the planning
commission or council, for good cause, shall grant permission to do so. The council or planning commission
shall initiate such application based on whether the project was denied by the commission or council. If the
decision to deny an application reviewed by the planning commission is finally determined on appeal by the
city council, the council shall grant permissionInformation. Upon review of an initial application or after an
application has been accepted as complete, the Director may require the applicant to submit additional
information needed for the environmental review of the project in compliance with the California Environmental
Quality Act (CEQA) and the CEQA guidelines.
B. Referral of Application. At the discretion of the Director, or where otherwise required by these Development
Regulations or State or Federal law, an application may be referred to any public agency that may be affected by
or have an interest in the proposed project.
C. Multi-unit Residential and Mixed-Use Developments. Where a multi-unit residential development or mixed-use
development in which at least two-thirds of the square footage consists of residential use, and where such
developments qualify for streamlined processing pursuant to Government Code Section 65400 et seq., the
provisions of Government Code Sections 65400 et seq. shall apply.
D. Wireless Communications Facilities. The provisions of paragraphs A and B above shall not apply to wireless
communications facilities. The review for completeness and the processing of such applications shall comply with
applicable Federal Communication Commission regulations.
17.104.060 – .
B. The director shall determine when an application is substantially the same as a previous application, subject to the
appeal procedures of Chapter 17.66. (Ord. 1591 § 25, 2013: Ord. 941 § 1 (part), 1982: prior code § 9204.9)
Inactive Applications
Chapter 17.65
INACTIVE APPLICATIONS
Sections:
17.65.010 Applications deemed withdrawn after one hundred eighty days of inactivity.
17.65.010 Applications deemed withdrawn after one hundred eighty days of inactivity.
An application will be classified as “inactive” when the applicant has not adequately responded within one hundred
eighty180 days to submittalsubmit items required by staff for further processing as provided in an incomplete letter.
The directorapplicant shall have the ability to otherwise demonstrate to the satisfaction of the Director that progress is
being made toward compliance. The Director shall determine when an application is in an “inactive status and thirty-
day extensions may be granted at the discretion of the director. Any determination of inactive status is subject to appeal
procedures of Chapter 17.66. (Ord. 1553 § 24, 2010)” and deemed to be withdrawn.
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17.104.070 – Expiration
If building permits are not issued for site development authorized by a discretionary permit within one year of the date
of approval or such longer time as may be stipulated as a condition of approval, the permit shall expire with the building
permit application. Upon written request received prior to expiration, the Director may grant renewals of an approval
for successive periods of not more than one year each, up to a total of three years. Requests beyond three years are
subject to review by the Planning Commission. Approvals of such renewals shall be in writing and for a specific period.
Renewals may be approved with new or modified conditions upon a finding that the circumstances under which the
permit was originally approved have substantially changed. Renewal of a permit shall not require public notice or
hearing, unless the renewal is subject to new or modified conditions. In order to approve a renewal, the Director, or
Planning Commission as applicable, must make the findings required for initial approval. (Ord. 1553 § 23, 2010: Ord.
1006 § 1 (part), 1984: prior code § 9204.3(E))
CHAPTER XX: ADMINISTRATIVE AND PLANNING COMMISSION USE PERMITS
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CHAPTER 17.106: DEVELOPMENT REVIEW
17.106.010 – Purpose and Intent
The purpose of this Chapter is to provide a process for the appropriate review of development projects that do not
require any discretionary permits or other types of review, and to ensure that all approved site and structural
development:
A. Is compatible with the physical and environmental characteristics of the site and surrounding properties to minimize
conflicts;
B. Provides for safe and convenient access and circulation for pedestrians and vehicles;
C. Exemplifies the best professional high-quality design practices;
D. Allows for and encourages individual identity for specific uses and structures;
E. Encourages the maintenance of a distinct neighborhood and/or community identity;
F. Minimizes or eliminates negative or undesirable visual impacts;
G. Provides for the adequate dedication of land for public purposes and the provision of public infrastructure
associated with the subject development; and
H. Implements General Plan policies, applicable design guidelines, and any other applicable City planning-related
documents.
17.58106.020 – Applicability
A. Development Review Required. No one shall construct any structure, or relocate, rebuild, or significantly enlarge
or modify any existing structure or site until Development Review has been completed and approved in compliance
with this Chapter.
B. Enlargements and Modifications. For the purposes of this Chapter, the term “significantly enlarge or modify”
shall be measured from the size of the original approval and be defined as follows:
1. Residential Enlargement or Modification. Residential enlargements or modifications larger than 1,000
square feet or 25 percent of the existing gross floor area before the addition, whichever is less.
2. Nonresidential Enlargement or Modification. Nonresidential enlargement, modification, reconstruction,
rehabilitation, or remodel equal to or exceeding 25 percent of the existing gross floor area of the structure
before the construction.
3. Mixed Use Development. Mixed use development enlargement, modification, reconstruction, rehabilitation,
or remodel equal to or exceeding 25 percent of the existing gross floor area of the structure before the
construction.
17.106.030 – Levels of Development Review
A. Three Levels. Three levels of Development Review are hereby established, and the thresholds set forth below
shall apply to Development Review.
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B. Minor. Minor Development Review is a staff-level review process with public notice provided, with no public
hearing required. The following projects shall be subject to Minor Development Review, including but not limited
to;
1. New single-unit residence and additions to an existing single-unit residence where:
a. Architectural review is required as a condition of a subdivision approval, use permit, or other discretionary
entitlement;
b. The developer proposes to construct three or more units not defined to be a “small residential
development project” per Chapter 2.48 (Architectural Review Commission);
c. The Director determines that the site is a “sensitive site” as set forth in the Architectural Review
Commission’s procedures manual;
d. A covered required parking space or spaces are proposed to be converted to another use and
replacement parking is proposed, except in conjunction with an Accessory Dwelling Unit application;
e. The project site is within or along a creek or waterway, as defined by the City’s floodplain management
policy;
f. The scale and character of the proposed dwelling contrasts significantly with adjacent or neighboring
structures.
2. Projects that include a public or private roof top deck, or upper level balconies or open space on a third-floor
or above.
3. Building addition or remodel, that is considered minor or incidental to a larger, previously approved project,
as determined by the Director.
C. Moderate. Moderate Development Review is a discretionary Director-level review process that includes public
notice with a public hearing conducted as required by the applicable advisory body or review authority, including
but not limited to;
1. Multi-unit residential developments up to 10 units;
2. New single-unit subdivisions up to 10 units;
3. Nonresidential development with up to 10,000 gross square feet of new construction;
4. A project is located on a property included on the City’s Inventory of Historic Resources, or is near a historic
resource where the development might adversely impact the historic resource;
5. All development located on hillsides having a natural slope gradient of 20 percent or greater when no other
discretionary review is required;
6. Building addition or remodel, that is considered a significant enlargement or modification to a previously
approved project, as described in Section 17.xx.020 (Enlargements and Modifications).
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D. Major. Major Development Review is a discretionary Planning Commission review process that includes public
notice with a public hearing conducted as is required for all Planning Commission actions.
1. Multi-unit residential developments with more than 10 units;
2. New single-unit subdivisions with more than 10 units;
3. Nonresidential development with more than 10,000 gross square feet of new construction;
4. All new construction in the C-D zone;
5. Any project for which an EIR is required.
17.106.040 – Recommendations from Advisory Bodies
A. For each level of Development Review, an advisory body may provide a recommendation to the review authority
as applicable or required. In particular, review of an application subject to the Architectural Review Commission
as set forth in Section 2.48.090 (Architectural Review Procedures) shall occur:
1. For Moderate Development Review, the Architectural Review Commission shall conduct a public hearing and
forward its recommendations to the Director. The Director shall consider the recommendations but shall not
be bound by them in taking final action on the application.
2. For Major Development Review, the Architectural Review Commission shall conduct a public hearing and
forward its recommendations to the Director. The Director shall have the authority to either:
a. Incorporate the Architectural Review Commission’s recommendation into the staff report prepared for the
public hearing by the Planning Commission; or
b. Modify the Architectural Review Commission’s recommendation and forward that modified
recommendation, together with the original recommendation, in the staff report prepared for the public
hearing by the Planning Commission.
17.106.050 – Application Review
A. Each application for Development Review shall be reviewed to ensure that the application is consistent with the
purpose of this Chapter, applicable development standards and regulations of these Zoning Regulations, and
adopted Design Guidelines and policies that may apply.
B. The following criteria shall be considered during the review of a Development Review application, including but
not limited to:
1. Compliance with these Zoning Regulations and all other applicable City regulations and policies;
2. Efficient site layout and design;
3. Applicable Environmental review;
4. Compatibility with neighboring properties and developments with regard to setbacks, building heights,
massing, location of parking facilities, and similar site design and building design features that shape how a
property appears within a broader, definable neighborhood or district context;
5. Efficiency and safety of public access and parking and loading facilities;
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6. The compatibility in scale and aesthetic treatment of proposed structures with public areas;
7. The adequacy of proposed driveways, landscaping, parking spaces, on-site and off-site parking, pedestrian
improvements;
8. The placement and use of private open spaces;
9. The use of design techniques such as façade articulation, use of varied building finishes and materials, varied
rooflines, and stepped-back stories to break up building massing;
10. Privacy considerations with regard to the placement and orientation balconies and windows;
11. Appropriate open space and use of water-efficient landscaping both to enhance overall site design and to
provide privacy screening;
12. Consistency with the General Plan and any applicable specific plan; and
13. Consistency with any adopted Design Guidelines, policies, and standards applicable to the property.
C. On-Site Inspection. An application for Development Review may require that the Director perform an on-site
inspection of the subject parcel before confirming that the request complies with all of the applicable criteria and
provisions.
17.106.060 – Conditions of Approval
A. Project Conditions. In approving a Development Review application, the review authority may impose conditions
deemed reasonable and necessary to ensure that the approval would be in compliance with this Section and the
required findings.
B. Requirements for Dedication and Infrastructure. The conditions may include requirements for the offers of
adequate dedication of land for public purposes and the provision of public infrastructure to the extent necessitated
by the development.
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CHAPTER 17.108: DIRECTOR’S ACTION
17.108.010 – Purpose and Intent
The purpose of this Chapter is to authorize the Director to act on certain applications on an administrative basis, without
a public hearing, due to the minor nature of a proposed improvement, use of land, or allowed deviation from specified
development standards in Table 6-1 and as further described in this Chapter. Notwithstanding these provisions, the
Director shall have the authority to refer any application subject to this Chapter to a Director’s hearing or to the Planning
Commission for consideration.
17.108.020 – Applicability
The Director is authorized to act administratively on the following applications and take the following actions.
A. Interpretation of these Zoning Regulations, as set forth in Chapter 17.04 (Interpretation of the Zoning Regulations).
B. Determination of parking requirements for uses not listed in Table 6.
C. Parking approvals for expansion of uses with nonconforming parking, as set forth in Chapter XX (Parking and
Loading).
D. Reasonable Accommodations, as set forth in Chapter XX (Reasonable Accommodations).
E. Home Occupation Permits, as set forth in Section 17.xx.xxx (Home Occupations).
F. Temporary Use Permits, as set forth in Chapter 17.XX (Temporary Use Permits).
G. Minor modifications to the following specific development standards:
1. Antenna Height: Additional height for satellite dish antenna in a residential zone by up to 10 percent.
2. Bicycle Parking: The required type of bicycle parking facilities and required location of bicycle parking
facilities may be modified based upon the type of use proposed and/or the configuration of a development
site.
3. C-D Zone Limitation on New Driveways. In order to maintain pedestrian orientation and the continuity of
sidewalks within the C-D zone, the installation of new driveway approaches is subject to the Director’s review
and approval of Director’s Action, as set forth in Section 17.32.040 (Limitation on New Driveways).
4. C-D Zone Residential Parking. A reduction in parking spaces based on a project-specific parking study
prepared per City specifications.
5. Fence and Wall Heights. Up to a 10 percent increase in the maximum required fence or wall height. A
public notice shall be posted at the site of each proposed fence height exception. If no questions or objections
are received by the Community Development Department within five days after posting, the Director may
issue a letter of approval upon submission of all required information and without further notice or public
hearing. If anyone informs the Community Development Department of an objection concerning the proposed
fence or wall height exception within five days of the posting, the Director shall schedule a hearing for the
application as provided for Minor Use Permits. In granting any such exception, the Director shall make the
finding that no public purpose would be served by strict compliance with applicable fence and wall standards.
6. Lighting.
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a. Accent Lighting. All accent lighting to ensure compliance with the provisions of Chapter XX (Night Sky
Preservation).
b. Athletic Fields. Athletic field lighting of intensity greater than 50 foot-candles but not more than 100
foot-candles.
c. Billboards – Upgrades. Upgrades to existing lighting fixtures on outdoor advertising signs (billboards)
that reduce light pollution, provided the illumination is not increased.
d. Temporary. Any temporary lighting that does not meet the requirements of Chapter XX (Night Sky
Preservation), subject to the findings set forth in that Chapter for temporary lighting.
e. Alternate Materials and Methods of Installation. As set forth in subsection 17.XX.XXX.B (Alternative
Materials and Methods of Installation).
7. Parking and Driveway Design Standards. As set forth in Chapter XX (Parking and Loading).
8. Planned Development – Minor Modification. Minor modifications to an approved Planned Development
plan, as set forth in Chapter XX (Planned Development [PD] Overlay Zone).
9. Screening Requirements for Mechanical and Electrical Equipment. As set forth in Section 17.XX.XXX
(Screening of Mechanical and Electrical Equipment).
10. Screening Requirements for Outdoor Sales and Storage. As set forth in Section 17.XX.XXX (Screening
of Outdoor Sales and Storage).
11. Setback Reductions in Previously Subdivided Areas. As set forth in Section (current 17.16.020.E.2.d –
get new citation).
17.108.030 – Application Filing, Processing, and Review
A. Application Filing. An application for a Director’s Action shall be filed and processed in compliance with Chapter
17.XX (Permit Application Filing and Processing). The application shall include the information and materials
specified in the Department handout for Director’s Action applications, together with the required fee. It is the
responsibility of the applicant to provide evidence in support of the findings required by Section 17.xx.xxx (Findings
and Decision).
B. Application Review. Each application for a Director’s Action shall be reviewed to ensure that the application is
consistent with the purpose of this Chapter and applicable development standards and regulations of these Zoning
Regulations, and any adopted design guidelines and policies that may apply.
1. A Director’s Action is initiated when the Department receives a complete application package, including the
required information and materials specified in the Department handout and any additional information
required to conduct a thorough review of the proposed project or request.
2. Upon receipt of a complete application, the Director shall review the location, design, configuration, and the
effect of the proposed project or action on adjacent properties, streets, and alleys by comparing the application
materials to applicable standards in these Zoning Regulations and determining whether the findings required
in Section 17.XXX.XXX (Findings and Decision), below, can be made.
3. Within 30 days after the Director’s Action application has been deemed complete, the Director shall either
approve or deny the application and, if approved, may impose conditions deemed reasonable and necessary
to protect the public health, safety, and general welfare and ensure compliance with this Chapter and all
applicable City regulations and policies.
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C. On-Site Inspection. An application for a Director’s Action may require that the Director perform an on-site
inspection of the subject parcel before confirming that the request complies with all of the applicable criteria and
provisions identified in this Chapter.
17.108.040 – Required Findings
A Required Findings. The Director may approve a Director’s Action application only after first making all of the
following findings. The proposed interpretation, determination, or modification to standards:
1. Is consistent with the intent. of these Zoning Regulations and applicable General Plan policies;
It is intended that use2. Is consistent with or an improvement to the character of the neighborhood or
district;
3. Provides adequate consideration of and measures to address any potential adverse effects on surrounding
properties such as, but not limited to, traffic, vehicular and pedestrian safety, noise, visual and scale, and
lighting.
With regard to cases of granting exceptions to the strict application of development standards pursuant to Section
17.XX.XXX(G), above, the following additional finding shall be made:
4. While site characteristics or existing improvements make strict adherence to the Zoning Regulations
impractical or infeasible, the project nonetheless conforms with the intent of these Regulations.
B. Failure to Make Findings. The Director shall deny the application if any one or more of the required findings
cannot be made.
17.108.050 – Conditions of Approval
In approving a Director’s Action application, the Director may impose conditions deemed reasonable and necessary to
ensure that the approval would be in compliance with the findings required by Section 17.xx.xxx (Required Findings).
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CHAPTER 17.110: MINOR USE PERMITS AND CONDITIONAL USE PERMITS
17.110.010 – Purpose and Intent
The purpose of this Section is to provide two distinct procedures for reviewing land uses that may be appropriate in the
applicable zone, but whose effects on a site and its surroundings cannot be determined without discretionary review
and consideration of the site context. Use permits allow flexibility in providing for, regulating, or preventing
variousparticular uses, so they will be compatible with existing or desired conditions in their neighborhoods or districts.
Use permit approval is required for certain uses so that their detrimental effects can be reduced or avoided and potential
conflicts in land use can be prevented. This is necessary because of the wide variety of uses that are allowed within
zone districts and because of the variety of existing sites and uses found in the community. (Ord. 1265 § 2 Ex. A, 1994;
Ord. 941 § 1 (part), 1982: prior code § 9204.2(A))
Procedure – AdministrativeWhere the term Use Permit
17.58.030 Procedures. (MIG note: excludes text on PC use Permits – see section below- section C is the
same for both)
A. Administrativeused in this Chapter, it shall mean and encompass Minor Use Permit. and Conditional Use Permit.
17.110.020 – Application Requirements
An application for a Minor Use Permit or Conditional Use Permit shall be filed and processed in compliance with Chapter
17.XX (Permit Application Filing and Processing). It is the responsibility of the applicant to provide evidence in support
of the findings required by Section17.xx.xxx (Required Findings).
17.110.030 – Procedure – Minor Use Permit
A. Hearing, Decision, and Referral.
1.
1. Before acting on any use permitMinor Use Permit application, the directorDirector shall hold a hearing at which
information and arguments may be presented. Notice of the time, date, place, and purpose of the hearing
shall be given by posting the propertyin compliance with Chapter 17.XX (Public Notices and by publishing an
advertisement in a newspaper of general circulation at least five days before the hearing.Hearings).
2. Decisions of the directorDirector shall be rendered in writing within ten10 days of the final hearing. They at
which action is taken. The decision shall state the conditions of approval, if any, or the reasons for denial. The
director’sDirector’s decision shall be final unless appealed.
3. At his or her discretion, the directorDirector may refer an administrative use permita Minor Use Permit to the
planning commission, pursuant to the requirements in subsection B of this section,Planning Commission when
he/she determines the application involves a major policy issue or public controversy that would be resolved
more suitably by the commissionPlanning Commission.
C. Expiration of use permit.
17.110.040 –
1. When a use, that was allowed by approval of a use permit, ceases operation for one year or such other
time period as specified in the conditions of approval, then reinstatement of that use will be allowed only
with approval only with approval of a new use permit.
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2. The community development director may extend the one-year limit stated in C.1, above, upon receipt of
a written request, upon finding that circumstances have not changed significantly since the time the use
ceased operation. (Ord. 1265 § 2 Ex. A, 1994; Ord. 941 § 1 (part), 1982: prior code § 9204.2(c))
Procedure – Planning Commission Conditional Use Permit
17.58.030 Procedures. (MIG note: excludes text on Admin Permits – see above – section C is the same for
both)
B. Planning Commission Use Permits.
1.
A. Hearing and Decision.
1. Before acting on any use permit application, the planning commission Planning \Commission shall hold a
public hearing conducted according to its bylawsprocedure. Notice of the time, date, place, and purpose of
the hearing shall be given by posting the property and publishing an advertisement in a newspaper of general
circulation at least ten days before the hearing.in compliance with Chapter 17.XX (Public Notices and
Hearings).
2.
2. Decisions of the planning commission Planning Commission shall be rendered in writing within ten10 days of
the final hearing. They at which action is taken. The decision shall state the conditions of approval, if any, or
the reasons for denial. The planning commission’sPlanning Commission’s decision shall be final unless
appealed.
3. When a use permit or varianceConditional Use Permit is before the planning commissionPlanning
Commission, the commissionPlanning Commission may act to impose additional or relax any property
development standards capable of being so altered under relevant sections of these regulations (see
Chapters 17.16XX and 17.60XX). The intent of this provision is to enable the commissionPlanning
Commission to deal with various aspects of project design in a comprehensive way, without postponement of
action on a project for separate hearings. Conditional Use permit and variancePermit findings and procedures
shall apply as provided in relevant sections of these regulations.
Public notice for use permit and variance applications, in order to fulfill the intent of this section, shall be
sufficiently general so the public will be aware of the type of project proposed and the types of actions the
commission may take, without further notice, to approve or conditionally approve the project.
Likewise, on appeal, the council may act to alter property development standards by variance or use permit
if a variance or use permit application is under consideration.
C. Expiration of use permit.
17.110.050 –
1. When a use, that was allowed by approval of a use permit, ceases operation for one year or such other time
period as specified in the conditions of approval, then reinstatement of that use will be allowed only with
approval only with approval of a new use permit.
2. The community development director may extend the one-year limit stated in C.1, above, upon receipt of
a written request, upon finding that circumstances have not changed significantly since the time the use
ceased operation. (Ord. 1265 § 2 Ex. A, 1994; Ord. 941 § 1 (part), 1982: prior code § 9204.2(c))
Conditions of Approval
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17.58.050
A. Conditions of approval.
Allowed. Conditions imposed by the director, planning commission or councilDirector, Planning Commission, or
Council may include, but are not limited to, the following:
A.
1. Modification or limitation to activities, including times and types of operations;
B. 2. Special yards or open spaces;
C. 3. Fences, walls, or landscape screens;
D. 4. Provision and arrangement of parking and vehicular and pedestrian circulation;
E. 5. On-site or off-site street, sidewalk or utility improvements, and maintenance agreements;
F. 6. Noise generation and attenuation;
G. 7. Dedication of right-of-way or easements or access rights;
H. 8. Arrangement of buildings and use areas on the site;
I. 9. Special hazard reduction measures, such as slope planting;
J. 10. Minimum site area;
K. 11. Other conditions which may be found necessary to address unusual site conditions;
L. 12. Establishment of an expiration date, after which the use must cease at that site;
M. 13. Recycling and solid waste plans;.
N.B. Limitation. Conditions may not be imposed that restrict the use to a specific person or group. (Ord. 1528 § 3
Ex. A (part), 2009; Ord. 1265 § 2 Ex. A, 1994; Ord. 941 § 1 (part), 1982: prior code § 9204.2(E))
17.110.060 – Criteria for Approval
17.58.060 Criteria for approval.
In deciding whether a proposal is acceptable at a given location, the director, planning commission and councilDirector,
Planning Commission, and Council shall consider whether the proposal could be established and maintained without
jeopardy to persons or property within or adjacent to the proposed site and without damage to the resources of the site
and its surroundings. Appropriate criteria may be found in the following sources, without limitation:
A. General planPlan elements (such as land use, circulation, housing, noise, seismic safety, public safety, open
space and conservation);
B. Specific plansPlans and special dutiesstudies;
C. C. Community Design Guidelines;
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D. Compliance with applicable environmental mitigation measures; and
E. Standards and recommendations of agencies commenting on environmental documents for the proposal or for
similar projects. (Ord. 1528 § 3 Ex. A (part), 2009: Ord. 1265 § 2 Ex. A, 1994; Ord. 941 § 1 (part), 1982: prior code
§ 9204.2(F))
17.110.070 – Required Findings
17.58.040 Findings.
A. In order to grant a use permitMinor Use Permit or Conditional Use Permit, the directorDirector or planning
commissionPlanning Commission, or on appeal, the council, must find thatCouncil, shall be required to make the
following findings:
1. The proposed use is consistent with the General Plan and any applicable Specific Plan;
2. The proposed use is allowed within the applicable zone and complies with all other applicable provisions of
these Zoning Regulations and the Municipal Code;
3. The design, location, size, and operating characteristics of the proposed activity will be compatible with the
existing and future land uses in the vicinity;
4. The site is physically suitable in terms of:
a. Its design, location, shape, size, and operating characteristics of the proposed use;
b. The provision of public and emergency vehicle (e.g., fire and medical) access;
c. Public protection services (e.g., fire protection, police protection, etc.); and
d. The provision of utilities (e.g., potable water, schools, solid waste collection and disposal, storm drainage,
wastewater collection, treatment, and disposal, etc.).
5. The type, density, and intensity of use being proposed will not be endanger, jeopardize, or otherwise constitute
a hazard to the public convenience, health, interest, safety, or general welfare, or be materially detrimental or
injurious to the health, safety or welfare ofimprovements, persons working, property, or living at the site or
withinuses in the vicinity. and zone in which the property is located.
B. The director, planning commission or councilDirector, Planning Commission, or Council may deny the proposal or
attach conditions as deemed necessary to secure the purposes of these regulations. Actions on use permitsMinor
Use Permits and Conditional Use Permits shall be justified by written findings, based on substantial evidence in
view of the whole record. (Ord. 1265 § 2 Ex. A, 1994; Ord. 1124 § 4 Ex. A (part), 1988; Ord. 941 § 1 (part), 1982:
prior code § 9204.2(D))
17.110.080 – Requirement for and Compliance with Use Permits
17.58.070 Requirement for and compliance with use permits.
A. When more than one use permit, including more than one type of use permit, is required by individual sections of
these regulations, only one use permit application need be filed and acted upon. If both an administrative use
permit or permits would simultaneously be required by separate sections, one planning commission use permit
shall be processed to cover all requirements. If an administrative use permit for site development exceptions
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and/or requests for shared and mixed use parking reductions, and review by the architectural review commission
are required, then only the architectural review application need be filed. Use permit applications for land uses
pursuant to Table 9, Chapter 17.22, may not be reviewed in conjunction with architectural review and require filing
of a separate application and payment of fees.
B. The modification or addition to a use requiring use permit approval shall itself be subject to use permit approval.
A. The modification or addition to a use requiring Use Permit approval shall itself be subject to Use Permit approval.
The addition of an allowed use to a premises occupied by a conditionally allowed use shall require use permitUse
Permit approval of the type required for the existing use. The directorDirector shall determine when such an
addition or change is of such a minor or incidental nature that the intent of these regulations can be met without
further use permitUse Permit control.
C. B. Any conditions established pursuant to these regulations shall be met before the use is established, except
that the director, planning commissionDirector, Planning Commission or, on appeal, the councilCouncil, may
establish a schedule for certain conditions to be met after establishment of the use. Continuance of the use shall
then be contingent on complying with the schedule for meeting deferredapplicable conditions.
D. If a structure or associated site development authorized by use permit is not issued building permits within three
years of the date of approval, the use permit shall expire. Upon written request received prior to expiration, the
director may grant renewals of use permit approval for successive periods of not more than one year each.
Approvals of such renewals shall be in writing and for a specific period. Renewals may be approved with new or
modified conditions upon a finding that the circumstances under which the use permit was originally approved have
substantially changed. Renewal of a use permit shall not require public notice or hearing, unless the renewal is
subject to new or modified conditions. In order to approve a renewal, the director must make the findings required
for initial approval. (Ord. 1553 § 22, 2010: Ord. 1528 § 3 Ex. A (part), 2009; Ord. 1265 § 2 Ex. A, 1994; Ord. 941 §
1 (part), 1982: prior code § 9204.2(G))
Modification of Use Permit
New
Permit to Run with the Land
New
17.110.090 – Permit to Run with the Land
A Minor Use Permit or Conditional Use Permit approved in compliance with the provisions of this Chapter shall run with
the land and continue to be valid upon a change of ownership of the business, parcel, service, structure, or use that
was the subject of the permit application in the same area, configuration, and manner as it was originally approved in
compliance with this Chapter. If the operation of the use for which the Use Permit was issued ceases for a continuous
period of one year, the provisions of this Section shall not apply, and a new application shall be required for any new
owner or operator.
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CHAPTER XX17.112: REASONABLE ACCOMMODATION
17.112.010 – Purpose and Intent
17.61.010 Purpose and intent.
The reasonable accommodationReasonable Accommodation provisions allow for flexibility in the application of
regulations and procedures to ensure equal access to housing. The provisions set forth in this chapterChapter provide
a procedure under which a disabled person may request a reasonable accommodation in the application of zoning
requirements. This chapterChapter is based on requirements of the federalFederal and stateState fair housing laws
and is designed to eliminate barriers to housing opportunities. (Ord. 1602 § 3 (part), 2014)
17.112.020 – Requests for Reasonable Accommodation
17.61.040 Requests for reasonable accommodation.
A. Request. A request for reasonable accommodationReasonable Accommodation in the application of land use and
zoning regulationsZoning Regulations may be made by a disabled person, his or her representative, or a developer
or provider of housing for individuals with disabilities. A request for reasonable accommodationReasonable
Accommodation may include a modification or exception to the siting, development, and use of housing or housing
related facilities that would eliminate regulatory barriers. A reasonable accommodationA Reasonable
Accommodation cannot waive a requirement for a conditional use permitMinor Use Permit or Conditional Use
Permit when otherwise required or result in approval of uses otherwise prohibited by the city’sCity’s land use and
zoning regulationsZoning Regulations.
B. Assistance. If an applicant needs assistance in making the request, the planning divisionPlanning Division will
endeavor to provide the assistance necessary to ensure that the process is available to the applicant.
C. Balancing Rights and Requirements. The cityCity will attempt to balance (1) the privacy rights and reasonable
request of an applicant for confidentiality, with (2) the land use requirements for notice and public hearing, factual
findings, and rights to appeal, in the city’sCity’s request for information, considering an application, preparing
written findings, and maintaining records for a request for reasonable accommodation. (Ord. 1602 § 3 (part), 2014)
17.112.030 – Application Requirements
17.61.050 Application requirements.
Whenever a request for reasonable accommodationReasonable Accommodation is submitted for consideration, as a
part of saidthe application, sufficient information shall be submitted to the community development
departmentCommunity Development Department to determine whether the reasonable accommodationReasonable
Accommodation request complies with the provisions of this chapterChapter. In addition to the required administrative
approvalDirector’s Action application checklist items, the application shall include the following:
A. The basis for the claim that the individual is considered disabled under the fair housing laws. Identification and
description of the disability which is the basis for the request for accommodation, including current, written medical
certification, and description of disability and its effects on the person’s medical, physical, or mental limitations.
B. The rule, policy, practice, and/or procedure of the cityCity for which the request for accommodation is being made,
including the zoning code regulation from which reasonable accommodation is being requested.
C. Type of accommodation sought.
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D. The reason(s) why the accommodation is reasonable and necessary for the needs of the disabled person(s).
Where appropriate, include a summary of any potential means and alternatives considered in evaluating the need
for the accommodation. (Ord. 1602 § 3 (part), 2014)
Review Authority
17.61.030 Review authority.
17.112.040 – Process for Approval
A. Community Development Director. Director’s Action. Requests for reasonable accommodationReasonable
Accommodation shall be reviewed by the community development director,Director if no approval is sought other
than the request for reasonable accommodation.Reasonable Accommodation. The community development
directorDirector may refer the matter to any advisory commission or committee, as appropriate and authorized by
these Zoning Regulations.
B. Other Review Authority. Requests for reasonable accommodationReasonable Accommodation submitted for
concurrent review with another discretionary land use application shall be reviewed by the authority responsible
for reviewing the other application. (Ord. 1602 § 3 (part), 2014)
17.112.050 – Conditions of Approval
17.61.080 Conditions of approval.
Conditions imposed by the Director or other review authority may include, but are not limited to, the following:
A. Inspection of the property periodically, as specified, to verify compliance with this chapterChapter and any
conditions of approval.
B. Removal of the improvements, where removal would not constitute an unreasonable financial burden, when the
need for which the accommodation was granted no longer exists.
C. Time limits and/or expiration of the approval if the need for which the accommodation was granted no longer exists.
D. Recordation of a deed restriction requiring removal of the accommodating feature once the need for it no longer
exists.
E. Measures to reduce the impact on surrounding uses.
F. Measures in consideration of the physical attributes of the property and structures.
G. Other reasonable accommodations that may provide an equivalent level of benefit and/or that will not result in an
encroachment into required setbacks, exceedance of maximum height, lot coverage, or floor area ratio
requirements specified for the zone district.
H. Other conditions necessary to protect the public health, safety, and welfare. (Ord. 1602 § 3 (part), 2014)
17.112.060 – Required Findings
17.61.060 Required findings.
The approval of a reasonable accommodationReasonable Accommodation shall require that the Director or other
review authority first find that:
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A. The housing will be used by a disabled person;
B. The requested accommodation is necessary to make housing available to a disabled person;
C. The requested accommodation would not pose an undue financial or administrative burden on the cityCity; and
D. The requested accommodation would not require a fundamental alteration in the nature of a cityCity program or
law, including but not limited to land use and zoning. (Ord. 1602 § 3 (part), 2014)
17.112.070 – Occupancy Requirement
17.61.070 Performance standard.
A. Occupancy.
A modification approved under this chapterChapter is considered a personal accommodation for the individual
applicant and does not run with the land. (Ord. 1602 § 3 (part), 2014)
Modification of Use Permit
New
Permit to Run with the Land
New
17.112.080 – Appeals
17.61.090 Appeals.
The community development directorDirector shall administer and interpret these requirements, subject to the
applicable codes and cityCity procedures. Decisions of the directorDirector or other review authority are appealable
subject to the zoning regulationsZoning Regulations appeal provisions (Chapter 17.66). (Ord. 1602 § 3 (part), 2014)
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CHAPTER XX17.114: VARIANCES
17.114.010 – Purpose and IntentApplicability
17.60.010 Intent.
A. Purpose. The varianceVariance procedure is intended to allow minor relaxation by the director of certain standards
by the Director that would otherwise prevent a property from being used in the same manner as other, similar
property, where the intent of these regulations is not compromised by such minor relaxation. (Ord. 941 § 1 (part),
1982: prior code § 9204.3(A))
17.60.020 Scope.
B. Applicability. Yards, height limits, lot coverage, floor area ratio, and parking space requirements may be relaxed.
No varianceVariance to land use regulations or density standards may be granted. (Ord. 941 § 1 (part), 1982: prior
code § 9204.3(B))
17.114.020 – Procedure
17.60.030 Procedure.
A. Application shall be in the form prescribed by the directorDirector, shall state the precise nature of the grounds for
the varianceVariance sought, and shall generally follow the form established for use permitsbe accompanied by
any required fees.
B. Notification requirements and actions of the directorDirector shall be as provided for administrative use
permitsMinor Use Permits in Section 17.58.030(A). (See also Section 17.58.030(B)(3)). (Ord. 941 § 1 (part), 1982:
prior code § 9204.3(C))
17.114.030 – Burden of Proof
New
Required Findings
It shall be the responsibility of the applicant to provide evidence in support of the findings required in Section 17.xx.xxx
(Required Findings).
17.60114.040 – Required Findings.
In order to approve a varianceVariance, the director, planning commissionDirector or council, on appeal, the Planning
Commission or Council, must make each of the following findings:
A. That there are circumstances applying to the site, such as size, shape, or topography, which do not apply generally
to land in the vicinity with the same zoning;
B. That the varianceB. That the Variance will not be in conflict with the purpose and intent of these Zoning
Regulations, the General Plan, or any applicable specific plan;
C. That the Variance will not constitute a grant of special privilege—an entitlement inconsistent with the limitations
upon other properties in the vicinity with the same zoning; and
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C. D. That the varianceVariance will not adversely affect the health, safety, or general welfare of persons residing
or working on the site or in the vicinity. (Ord. 941 § 1 (part), 1982: prior code § 9204.3(D))
Expiration
17.60.050 Expiration.
If building permits are not issued for site development authorized by variance within three years of the date of approval
or such longer time as may be stipulated as a condition of approval, the variance shall expire. Upon written request
received prior to expiration, the director may grant renewals of variance approval for successive periods of not more
than one year each. Approvals of such renewals shall be in writing and for a specific period. Renewals may be approved
with new or modified conditions upon a finding that the circumstances under which the variance was originally approved
have substantially changed. Renewal of a variance shall not require public notice or hearing, unless the renewal is
subject to new or modified conditions. In order to approve a renewal, the director must make the findings required for
initial approval. (Ord. 1553 § 23, 2010: Ord. 1006 § 1 (part), 1984: prior code § 9204.3(E))
Modification of Use Permit
New
Permit to Run with the Land
New
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ARTICLE 7: ADMINISTRATION OF ZONING REGULATIONS
CHAPTER XX17.120: ADMINISTRATIVE RESPONSIBILITY
17.120.010 – Purpose
The purpose of this Chapter is to describe and establish the authority and responsibilities of the Director, Planning
Commission, Architectural Review Commission, and Council in the administration of these Zoning Regulations.
17.120.020 – Community Development Director
A. Definition of the Term "Director." When used in these Zoning Regulations or any permit or condition approved
in compliance with these Zoning Regulations, the term "Director" shall be as defined in Chapter 8 (Definitions) and
shall include designee(s) of the Director.
B. Duties and Authority. The Director shall:
1. Have the responsibility to perform all of the functions designated by State law, including, but not limited to the
following:
a. Annual report related to implementation of the General Plan in compliance with Government Code
Section 65400;
b. Review of public works projects for conformity to the General Plan in compliance with Government Code
Section 65401; and
c. Review of acquisition of property for conformity to the General Plan in compliance with Government Code
Section 65402.
2. Perform the duties and functions prescribed in these Zoning Regulations, including the review of
administrative development projects, in compliance with Table 6-1 (Review Authority), Government Code
Section 65901 et seq., and the California Environmental Quality Act (CEQA);
3. Perform other responsibilities assigned by the Council or City Manager; and
4. Delegate the responsibilities of the Director to Department staff under the supervision of the Director.
17.120.030 – Planning Commission
The Planning Commission shall have the duties and authority as established in Chapter 2.12 (Planning Commission)
of the Municipal Code.
17.120.040 – Architectural Review Commission
The Architectural Review Commission shall have the duties and authority as established in Chapter 2.48 (Architectural
Review Commission) of the Municipal Code.
17.120.050 – City Council
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The City Council, referred to in these Zoning Regulations as the Council, in matters related to the City's planning
process shall perform the duties and functions prescribed in the Municipal Code and these Zoning Regulations, which
include the following:
A. Review Authority on Specified Planning Matters. Final decisions on Development Agreements, Zoning
Regulation amendments, General Plan amendments, specific plans and amendments, Zoning Map amendments,
environmental documents related to any of the forgoing, and other applicable policy or regulatory matters related
to the City's planning process as specified in the City Charter, the Municipal Code, and these Zoning Regulations;
B. Appeals. The review of appeals filed from Planning Commission decisions; and
C. Compliance. The above-listed functions shall be performed in compliance with Table 6-1 (Review Authority) and
the California Environmental Quality Act (CEQA).
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CHAPTER 17.122: PUBLIC NOTICES AND HEARINGS
17.122.010 – Purpose
This Chapter provides procedures for public hearings required by these Zoning Regulations. When a public hearing
is required, advance notice of the hearing shall be given, and the hearing shall be conducted, in compliance with this
Chapter.
17.122.020 – Notice of Hearing
A. Generally. When these Zoning Regulations require a public hearing before a decision on a permit or other
discretionary entitlement, the public shall be provided notice of the hearing in compliance with Government Code
Sections 65090, 65091, 65094, 65096, and 66451.3; Public Resources Code 21000 et seq.; and as required by
this Chapter.
B. Content of Notice. Notice of a public hearing shall include all of the following information, as applicable.
1. Hearing Information. The date, time, and place of the hearing and the name of the review authority; a brief
description of the City's general procedure concerning the conduct of hearings and decisions (e.g., the public’s
right to appear and be heard); and the phone number, street address, and email or website address of the
City department where an interested person could call or visit to obtain additional information.
2. Project Information. The date of filing and the name of the applicant; the City's file number assigned to the
application; a general explanation of the matter to be considered; and a general description, in text or by
diagram, of the location of the property that is the subject of the hearing.
3. Statement on Environmental Document. If a proposed Negative Declaration, Mitigated Negative
Declaration, final Environmental Impact Report, or statement of exemption from the requirements of California
Environmental Quality Act (CEQA) has been prepared for the project in compliance CEQA and the City’s
CEQA Guidelines, the hearing notice shall include a statement that the review authority will also consider
approval (or recommendation of adoption/approval for an application requiring Council action) of the proposed
Negative Declaration, Mitigated Negative Declaration, certification of the final Environmental Impact Report,
or statement of exemption.
4. Statement Regarding Challenges of City Actions. A notice substantially stating all of the following: "If you
challenge the (nature of the proposed action) in court, you may be limited to raising only those issues you or
someone else raised at the public hearing described in this notice, or in written correspondence delivered to
the (public entity conducting the hearing) at, or before, the public hearing" in compliance with Government
Code Section 65009(b)(2).
5. Statement Regarding Commission’s Recommendations. For Council items that involve a
recommendation from the Planning Commission, the notice shall contain the Planning Commission’s
recommendations.
C. Method of Notice Distribution. Notice of a public hearing required by this Chapter, and any other type of notice
specified in Article 6 (Permit Processing Procedures), shall be given as follows, as required by Government Code
Sections 65090 and 65091.
1. Mailing. Notice shall be mailed or delivered not less than five days before the scheduled hearing to the
following:
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a. Project Site Owners, Agent(s), and Applicant. The owners of the property being considered in the
application, the owners' agent(s), and the applicant, in addition to the owner(s) of any mineral rights for
maps in compliance with Government Code Section 65091(a)(2);
b. Local Agencies. Each local agency expected to provide roads, schools, sewage, streets, water, or other
essential facilities or services to the property which is the subject of the application, whose ability to
provide those facilities and services may be significantly affected;
c. Affected Owners. All owners of real property as shown on the latest assessment rolls of the City or of
the County, located within a radius of 300 feet, or a different radius as specified in the actual permit
requirements of Division 6 (Permit Processing Procedures), of the exterior boundaries of the parcel that
is the subject of the hearing; and any other person whose property might, in the judgment of the Director,
be affected by the proposed project;
d. Affected Occupants. All occupants/tenants of owners at addresses located within a radius of 300 feet,
or a different radius as specified in the actual permit requirements of Division 6 (Permit Processing
Procedures), of the exterior boundaries of the parcel that is the subject of the hearing; and
e. Persons Requesting Notice. Any person who has filed a written request for notice with the Director or
City Clerk.
2. Alternative to Mailing. If the number of property owners to whom notice would be mailed in compliance with
subparagraph C. 1., above is more than 1,000, the Director may choose to provide the alternative notice
allowed by Government Code Section 65091(a)(3).
3. Additional Notice. In addition to the types of notice required above, the Director may require any additional
notice with content or using a distribution method (e.g., posting on the City’s web site) as the Director
determines is necessary or desirable, including posting a notice on the property.
17.122.030 – Scheduling of Hearing
After the completion of any environmental document required by CEQA, the City’s CEQA Guidelines, and a Department
staff report, a matter requiring a public hearing shall be scheduled on the next available agenda (Director, Planning
Commission, or Council, as applicable) reserved for public hearings, but no sooner than any minimum time period
established by State law.
17.122.040 – Hearing Procedure
A. Time and Place of Hearing. A hearing shall be held at the date, time, and place for which notice was given.
B. Continued Hearing. Any hearing may be continued from time to time without further notice, provided that the
chair of the hearing body announces the date, time, and place to which the hearing will be continued before the
adjournment or recess of the hearing.
C. Deferral of Final Decision
1. The review authority may announce a tentative decision and defer its action on a final decision until
appropriate findings and/or conditions of approval have been prepared.
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2. The date of the final action shall be as described in the motion, ordinance, or resolution that incorporates the
findings and/or conditions.
D. Summary Information. A summary of all pertinent testimony offered at a public hearing, together with the names
and addresses of all persons testifying, shall be recorded and made a part of the permanent files of the case.
E. Formal Rules of Evidence or Procedure Not Applicable. Formal rules of evidence or procedure applicable in
judicial actions and proceedings shall not apply in any proceeding subject to these Zoning Regulations, except as
otherwise required by the City Charter or the Municipal Code, in compliance with Government Code Section 65010.
17.XX122.050 – Effective Date of Decision
A. Director’s or Planning Commission’s Decision. The decision of the Director or Planning Commission is final
and effective after 5:00 PM on the 10th day following the actual date the final decision is rendered if no appeal of
that decision has been filed in compliance with Chapter 17.XX (Appeals).
B. Council’s Decision.
1. Adopted by Ordinance. A decision of the Council adopted by ordinance is final and shall become effective
on the 31st day following the date the ordinance is actually adopted by the Council, unless otherwise provided
in the adopting ordinance. For example, an ordinance adopted on October 1st will actually be effective on
November 1st.
2. Adopted by Resolution. A decision of the Council adopted by resolution is final and shall be effective on
the date the decision is rendered.
3. Contingent on Future Date or Event. The Council may take a final action and make it contingent on a future
date or event.
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CHAPTER 17.124: AMENDMENTS - ZONING REGULATIONS AND ZONING MAP
17.124.010 – Scope
17.70.010 Scope.
An amendment to these regulationsZoning Regulations which changes any property from one zone to another shall be
adopted as set forth in Sections 17.70.020 through 17.70.060. Any other amendment to these regulationsZoning
Regulations may be adopted as other ordinances and amendments to the municipal codeMunicipal Code are adopted.
(Ord. 941 § 1 (part), 1982: prior code § 9204.7(A))
17.124.020 – Authority to Initiate an Amendment
17.70.020 Initiation.
An amendment to these regulations may be initiated by:
A. A resolution of intention of the planning commissionCouncil;
B. A resolution of intention of the city council;
C. An application by the director,Director or any other person or agency in the form prescribed by the director. (Ord.
1606 § 8, 2014: Ord. 1591 § 26, 2013: Ord. 941 § 1 (part), 1982: prior code § 9204.7(B))Director.
17.124.030 – Processing, Notice, and Hearings
17.70.030
A. Planning commission actionCommission Action.
A. 1. Before taking any action on a proposed zone change, the planning commissionPlanning Commission
shall hold a public hearing. Notice of the time, date, place, and purpose of the hearing shall be given in each
of the following ways at least ten10 calendar days before the hearing:
1. a. Publication in a newspaper of general circulation within the cityCity;
2. b. Posting each street frontage of the property to be rezoned, or the nearest street access if the property
does not abut a dedicated street; and
c.
3. First-class mail to owners of the property to be rezoned and of property within a radius of three hundred300
feet, as listed in the most recent annual revision of the county assessor’sCounty Assessor’s roll.
B. 2. Failure to post or notify by mail shall not invalidate any amendments duly adopted.
C. If the planning commission approves
3. The Planning Commission shall make a rezoningrecommendation to approve or deniesdeny a council-initiated
rezoning, itszone change application. Its action shall be a written recommendation to the councilCouncil,
including any findings required for approvalfindings.
D. If the planning commission denies a rezoning which it or a private party has initiated, the action shall be final
unless appealed. It shall be rendered in writing and shall state the reasons for denial. (Ord. 941 § 1 (part), 1982:
prior code § 9204.7(C))
B.
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17.70.040 Council action.
Action. Before taking action on a recommendation of the planning commissionPlanning Commission, the
councilCouncil shall hold a public hearing for which notice shall be given as provided in Section 17.70.030. (Ord.
941 § 1 (part), 1982: prior code § 9204.7(D))
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CHAPTER XX: GENERAL PLAN AMENDMENTS
Purpose
17.80.010 Title.
This chapter shall be known and may be cited as the “general plan amendment regulations of the city.” (Prior code §
9600)
17.80.020 Amendments to be made in manner provided in this chapter.
The general plan or any part or element thereof shall be amended in the manner provided in this chapter. (Prior code
§ 9601)
17.80.030 Purpose.
It is the purpose of this chapter to provide for the orderly processing of general plan amendments in a manner
consistent with the overall goals of the community’s planning program and the requirements of the California law. In
particular, this chapter is intended to:
A. Assure that the general plan is amended for good reason and with due consideration of community-wide interests;
B. Help achieve and maintain internal consistency of general plan elements and conformance between the plan and
implementing techniques, such as zoning; and
C. Establish rights and assign responsibilities for the persons and agencies involved in general plan administration so
each can perform fairly and effectively. (Prior code § 9602)
Authority to Initiate an Amendment
17.80.040 Initiation of amendments—Applications.
A. Initiation of Amendment by the City Council. The city council may initiate general plan amendments at any time by
directing staff to prepare the necessary analysis and scheduling the proposed amendment for consideration at a
hearing, as provided in Section 17.80.050.
B. Applications to Initiate Amendments. Any person may request an amendment of the general plan by filing an
application with the department of community development. Such application shall include:
1. A description of the proposed amendment, including, as may be necessary, additions or modifications to
the text and graphics of adopted general plan elements or reports;
2. A statement explaining how the proposed change will better reflect community desires as expressed in
general plan goals and policies;
3. If the amendment involves change of a basic goal or policy, why the change is warranted by new
information or reevaluation of community needs;
4. An analysis of how the proposed change will beneficially and detrimentally affect adjacent areas or
shared resources. This analysis may take the form of a draft environmental impact report;
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5. A description of how the amendment of one policy may reinforce or conflict with related policies, including
those in other elements;
6. Such other supporting data as the director may require to enable evaluation of the proposal;
7. A fee sufficient to cover the expected costs incurred in processing the application, to be established by
resolution of the council. (Ord. 1591 § 27, 2013; Ord. 1346 § 2 (part), 1999; Ord. 1108 § 1 Ex. A (part),
1987: prior code § 9603)
Schedule for and Coordination of Amendments
17.80.050 Schedule for amendments.
Any element of the general plan may be amended not more than four times each year. Each amendment may
include more than one change to the general plan. Such amendments may be scheduled at any time deemed
necessary or convenient. The planning commission may review individual amendments as often as necessary, but
the city council must consider them in no more than four batches per year, so that cumulative effects of such
amendments can be considered. (Ord. 1346 § 2 (part), 1999: Ord. 1108 § 1 Ex. A (part), 1987: prior code § 9604)
17.80.080 Coordination of plan amendments.
Changes in policy or land use designations which involve more than one element shall be made as concurrent
amendments to the related elements in order to maintain internal plan consistency. (Ord. 1108 § 1 Ex. A (part), 1987)
Processing, Notice, and Hearings126
17.80.060 Planning commission actions.
A. Public Hearings—Notice. The planning commission shall hold at least one public hearing before taking action on
any general plan amendment. Notice of the date, time and place of the hearing shall be given at least ten calendar
days before the hearing by publication of the notice, describing the nature of the proposed amendment(s), in a
newspaper of general circulation within the city.
B. Resolution. The approval of the planning commission of any amendment to the general plan shall be by resolution
of the commission adopted by the affirmative vote of not less than a majority of its total voting members.
C. Transmittal to Council. Upon approval by the planning commission of any general plan amendment or denial of a
city council initiated amendment, it shall be transmitted to the council with the planning commission’s report and
recommendation.
D. Appeals. Any denial by the planning commission may be appealed to the city council.
E. Other Situations. When neither a majority of the commission recommends approval nor a majority of a quorum
recommends denial, the planning commission may transmit the amendment to the council with a report explaining
the situation and stating the recommendations of the individual commissioners. (Ord. 1108 § 1 Ex. A (part), 1987:
prior code § 9605)
17.80.070 City council actions.
A. Public Hearings—Notice. Upon transmittal from the planning commission or upon appeal from the applicant, the
council shall hold at least one public hearing on proposed general plan amendments. Notice of the time, place and
subject of the hearing shall be given as provided in Section 17.80.060(A).
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B. Resolution. Any amendment of the general plan shall be adopted by resolution of the council adopted by the
affirmative vote of not less than three of its members.
C. Referral of Council Changes. In adopting any general plan amendment which has been approved by the planning
commission, the council shall not make any substantive changes or additions involving issues not considered by
the planning commission in their review, until the proposed change or addition has been referred to the planning
commission for a report and the report has been filed with the council. Failure of the planning commission to report
within forty calendar days after the referral, or such longer period as may be designated by the council, shall be
deemed to be approval of the change or addition. (Ord. 1108 § 1 Ex. A (part), 1987: prior code § 9606)
CHAPTER XX: APPEALS
17.126.010 – Standing to Appeal
17.66.010 Standing to appeal.
Any person may appeal a decision of any official body, except that administrative decisions requiring no discretionary
judgment, as provided in Chapter 1.20 of the Municipal Code, may not be appealed. (Ord. 941 § 1 (part), 1982: prior
code § 9204.8(A))
17.126.020 – Time to File Appeal
17.66.020 Time limits.
Appeals must be filed within ten10 calendar days of the rendering of a decision which is being appealed. If the tenth
day is a Saturday, Sunday, or holiday, the appeal period shall extend to the next business day. (Ord. 941 § 1 (part),
1982: prior code § 9204.8(B))
17.126.030 – Content of Appeal Filing
17.66.040 Content of appeals.
The appeal shall concern a specific action and shall state the grounds for appeal. (Ord. 941 § 1 (part), 1982: prior code
§ 9204.8(D)) Applicable fees for the appeal shall be paid as established by Council resolution.
17.126.040 – Course of Appeals
17.66.030 Course of appeals.
A. Decisions of the directorDirector shall be appealed to the planning commission.Planning Commission. Such
appeals shall be filed with the director.
B. Decisions of the planning commissionPlanning Commission shall be appealed to the councilCouncil. Such appeals
shall be filed with the city clerk. (Ord. 941 § 1 (part), 1982: prior code § 9204.8(City Clerk.
C)). The Director or City Clerk, as applicable, shall have the authority to combine multiple appeal filings for a single
public hearing.
17.126.050 – Hearings and Notice
17.66.050 Hearings and notice.
A. Action on appeals shall be “de novo” review and shall be considered at the same type of hearing and after the
same notice that is required for the original decision.
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B. Once an appeal has been filed, it shall be scheduled for the earliest available meeting, considering public notice
requirements and scheduled hearings, unless the appellant agrees to a later date. (Ord. 941 § 1 (part), 1982: prior
code § 9204.8(E))
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CHAPTER 17.128: DEVELOPMENT AGREEMENTS
17.128.010 – Purpose and Scope
17.94.010 Purpose and scope.
Development agreementsAgreements specify the rights and responsibilities of the cityCity and developers. Used in
conjunction with subdivision approval, annexation, rezoning, or architectural approval, development
agreementsDevelopment Agreements establish the terms and conditions under which development projects may
proceed. Development agreementsAgreements are best used for large, complex, or phased projects which require
extended construction time and which involve numerous public improvements such as streets, utilities, flood
improvements, schools, parks and open space, and other improvements of community-wide benefit. Under a
development agreementDevelopment Agreement, projects may proceed under the rules, standards, policies, and
regulations in effect at the time of original project approval. (Ord. 1134 § 1 (part), 1989)
17.128.020 – Authority
17.94.020 Authority.
This chapterChapter establishes procedures and requirements for development agreementsDevelopment Agreements
for the purposes specified in and as authorized by Article 2.5, Chapter 4, Title 7 of the Government Code, Sections
65864 et seq. The planning commissionPlanning Commission may recommend and the city councilCouncil may enter
into a development agreementDevelopment Agreement for the development of real property with any person having a
legal or equitable interest in such property, as provided in this chapterChapter. At its sole discretion, the councilCouncil
may, but is not required to, approve a development agreementDevelopment Agreement where a clear public benefit
or public purpose can be demonstrated. (Ord. 1553 § 25, 2010: Ord. 1134 § 1 (part), 1989)
17.128.030 – Initiation of Hearings
17.94.030 Initiation of hearings.
Hearings on a development agreementDevelopment Agreement may be initiated: (A) upon the filing of an application
as provided below; or (B) by the councilCouncil by a simple majority vote. (Ord. 1134 § 1 (part), 1989)
17.128.040 – Applications— – Legal Interest
17.94.040 Applications—Legal interest.
Any person having a legal or equitable interest in real property or such other interest as specified in Section
17.94.070(A)(3)(b) may apply for a development agreementDevelopment Agreement, except that a person may not
file, and the directorDirector shall not accept, an application which is the same as, or substantially the same as, an
application which was denied within the previous year, unless the application is initiated or otherwise authorized by the
council. (Ord. 1134 § 1 (part), 1989)Council.
Fees
17.94128.050 – Fees.
The councilCouncil shall establish, and from time to time may amend, a schedule of fees to cover the city’sCity’s costs
of processing applications for development agreements. (Ord. 1134 § 1 (part), 1989) and conducting an annual review
as required by the Government Code.
17.128.060 – Preapplication Review
17.94.060 Preapplication review.
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Before submitting an application and support materials, applicants shall discuss the proposal with the community
development director.Director. At such review, the applicant should present a preliminary site plan and show basic
features of the proposed project, including its public purposes and/or benefits. For large or complex projects, the
applicant may request councilCouncil review of the preliminary concept. Such a review shall be at the council’sCouncil’s
sole discretion, and would allow the councilCouncil to review and comment on a proposal early in the review process.
(Ord. 1134 § 1 (part), 1989)
17.128.070 – Application— – Contents
17.94.070 Application—Contents.
A. A development agreementDevelopment Agreement application shall include the following information:
1. A planning application and processing fee;
2. The names and addresses of the applicant and of all persons having a legal or equitable interest in all or a
part of the property proposed to be used;
3. Evidence that the applicant:
a.
a. Has a legal or equitable interest in the property involved, or
b. Has written permission from a person having a legal or equitable interest to make such application;
4. Location of the subject property by address and vicinity map;
5. Legal description of the property, including a statement of total area involved;
6. A plan showing the location of all property included in the request for action, existing and proposed land uses,
property lines and dimensions, topography, significant natural features, setbacks, the location of all highways,
streets, alleys and the location and dimensions of all lots or parcels of land within a distance of three
hundred300 feet from the exterior boundaries of the property described in the application;
7. Mailing list including addresses of all tenants occupying the subject property and properties within three
hundred300 feet from the subject property boundaries; and a mailing list of owners of adjacent properties
within three hundred300 feet from the subject property boundaries, as shown on the county assessor’sCounty
Assessor’s latest available assessment roll;
8. The proposed development agreement, together with all explanatory text, plans, maps, drawings, pictures
and other information as may be required to evaluate such proposal, and as further described in Section
17.94.130; and
9. Such other information as the directorDirector may require.
B. The directorDirector may waive the filing of one or more of the above items where the required information is filed
with an application for a rezoning, use permit, variance, subdivision approval, or other development entitlement to
be considered concurrently with the development agreementDevelopment Agreement.
1. The directorDirector may reject any application that does not supply the required information, or may reject
incomplete applications.
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2. The accuracy of all information, maps, and lists submitted shall be the responsibility of the applicant. (Ord.
1134 § 1 (part), 1989)
17.128.080 – Public Notice
17.94.080 Public notice.
A. Director ActionResponsibilities. When the directorDirector certifies that the application is complete, the item shall
be scheduled for commission Planning Commission hearing;, and the directorDirector shall give notice of the public
hearing, as provided below.
B. Manner of Giving Public Notice. Public notice requirements shall be met by:
1. Mailing or delivery to the applicant and to all owners of real property within three hundred feet of the
property includedprovided in the development agreement;
2. Mailing or delivery to all tenants of property within three hundred feet of the property included in the
development agreement;
3. Mailing to any person who has filed a written request for such noticecompliance with the planning director,
andSection 17.xx.xxx (Public Notices and Hearings), below.
4. Publication at least once in a newspaper of general circulation published and circulated in the city. Said
notice shall be published at least ten days before the hearing date, and shall include: (a) the time and
place of the public hearing, and (b) a general explanation of the development agreement, including the
property location, proposed land uses and applicant’s name. (Ord. 1134 § 1 (part), 1989)
17.128.090 – Failure to Receive Notice
17.94.090 Failure to receive notice.
The failure to receive notice by any person entitled thereto by law or this chapterChapter does not affect the authority
of the cityCity to enter into a development agreement. (Ord. 1134 § 1 (part), 1989)Development Agreement.
17.128.100 – Planning Commission Hearing and Recommendation
17.94.100 Planning commission hearing and recommendation.
The commissionPlanning Commission shall consider the proposed development agreementDevelopment Agreement
and shall make its recommendation to the councilCouncil. The recommendation shall include whether or not the
proposed development agreementDevelopment Agreement meets the following findings:
A. The proposed development agreementDevelopment Agreement is consistent with the general planGeneral Plan
and any applicable specific plan;
B. The proposed development agreementDevelopment Agreement complies with zoning, these Zoning Regulations,
the subdivision ordinance, and other applicable ordinances and regulations;
C. The proposed development agreementDevelopment Agreement promotes the general welfare, allows more
comprehensive land use planning, and provides substantial public benefits or necessary public improvements,
making it in the city’sCity’s interest to enter into the development agreementDevelopment Agreement with the
applicant; and
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D. The proposed project and development agreementDevelopment Agreement:
1. Will not adversely affect the health, safety, or welfare of persons living or working in the surrounding area;
and
2. Will be appropriate at the proposed location and will be compatible with adjacent land uses; or.
17.128.110 –
3. Will not have a significant adverse impact on the environment. (Ord. 1134 § 1 (part), 1989)
City Council Hearing
17.94.110 City council hearing.
After the recommendation of the planning commissionPlanning Commission, the directorCity Clerk shall give notice of
a public hearing before the city councilCouncil in the manner provided for in Section 17.94.080. (Ord. 1134 § 1 (part),
1989)xx.xxx (Public Notices and Hearings), below.
17.128.120 – City Council Action
17.94.120 City council action.
A. Referral. After it completes the public hearing and considers the commission’sPlanning Commission’s
recommendation, the councilCouncil may approve, conditionally approve, modify, or disapprove the proposed
development agreement.Development Agreement. The councilCouncil may refer matters not previously
considered by the Planning commission during its hearing back to the commissionCommission for review and
recommendation.
B. Approval. The development agreementDevelopment Agreement may be approved if the city councilCouncil
makes the findings for approval listed in Section 17.94.100xx.xxx, above. (Ord. 1134 § 1 (part), 1989)
17.128.130 – Development Agreement— – Contents
17.94.130 Development agreement—Contents.
A. Development agreementsAgreements shall include the following:
1. The duration of the agreement, including a specified termination date if appropriate;
2. The uses to be permitted on the property;
3.
3. The density or intensity of use permitted;
4. The maximum height, size, and location of buildings permitted, as well as other pertinent development
standards;
5. The reservation or dedication of land for public purposes to be secured, including, but not limited to, rights-of-
way, open space preservation, and public access easements;
6. Proposed exceptions from zoning regulationsZoning Regulations or other development standard, and findings
where required;
7. The time schedule established for periodic review as required by Section 17.94.200.
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B. Development agreementsAgreements may also include additional terms, conditions, and restrictions in addition to
those listed in subsection A of this sectionSection. These additional terms may include, but are not limited to:
1. Development schedules providing that construction of the proposed development as a total project or in
phases be initiated and/or completed within specified time periods;
2. The construction of public facilities required in conjunction with such development, including but not limited to
vehicular and pedestrian rights-of-way, public art and other landscape amenities, drainage and flood-control
facilities, parks and other recreational facilities, and sewers and sewage treatment facilities;
3. Method of financing such improvements and, where applicable, reimbursement to developer or city,City;
4. Prohibition of one or more uses normally listed as permitted, accessory, subject to director’s reviewDirector’s
Action or subject to use permita Minor Use Permit or Conditional Use Permit in the zone normally allowed by
right;
5. Limitations on future development or special terms or conditions under which subsequent development
approvals not included in the agreement may occur,;
6. The requirement of a faithful performance bond where deemed necessary to and in an amount deemed
sufficient to guarantee the faithful performance of specified terms, conditions, restrictions and/or requirements
of the agreement. In lieu of a bond, the applicant may deposit with the city clerkCity Clerk certificates of deposit
or other security acceptable to the finance director,;
7. Specific design criteria for the exteriors of buildings and other structures, including colors and materials,
landscaping, and signs;
8. Special yardssetbacks, opens spaces, trails, staging areas, buffer areas, fences and walls, public art,
landscaping, and parking facilities, including vehicular and pedestrian ingress and egress;
9. Performance standards regulating such items as noise, vibration, smoke, dust, din, odors, gases, garbage,
heat, and the prevention of glare or direct illumination of adjacent properties;
10. Limitations on operating hours and other characteristics of operation which the councilCouncil determines
could adversely affect the reasonable use and enjoyment of surrounding properties. (Ord. 1134 § 1 (pan),
1989)
11. Incorporate or reference any environmental mitigation measures to reduce potentially significant
environmental impacts, if applicable.
17.128.140 – Development Agreement— – Adoption by Ordinance— – Execution of Contract
17.94.140
A. The Development agreement—Adoption by ordinance—Execution of contract.
A. The development agreementAgreement shall be approved by the adoption of an ordinance. Upon the adoption of
the ordinance, the cityCity shall enter into the development agreementDevelopment Agreement by the execution
thereof by the city administrative officerMayor or City Manager.
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B. No ordinance shall be finally adopted and the city administrative officer shall not execute a development agreement
until it has been executed by the applicant and all other parties to the agreement. If the applicant has not executed
the agreement or agreement as modified by the city councilCouncil, and returned the executed agreement to the
city clerkCity Clerk within sixty60 days following councilCouncil approval, the approval shall be deemed withdrawn,
and the councilCouncil shall not finally adopt such ordinance, nor shall the city administrative officerCity Manager
execute the agreement.
C. Such sixty60-day time period may be extended upon approval of the council. (Ord. 1134 § 1 (part), 1989)Council.
17.128.150 – Recordation of Executed Agreement
17.94.150 Recordation of executed agreement.
Following the execution of a development agreement byDevelopment Agreement, the city administrative officer, the
city clerkCity Clerk shall recordcause the executed agreement to be recorded with the county recorder. (Ord. 1134 § 1
(part), 1989)County Recorder.
17.128.160 – Ordinance, Regulations, and Requirements Applicable to Development
17.94.160 Ordinances, regulations and requirements applicable to development.
Development projects covered by a development agreementDevelopment Agreement shall comply with the general
plan, zoning andGeneral Plan, Zoning Regulations, subdivision regulationsordinance, and other applicable codes,
ordinances, rules, regulations, and official policies in effect on the date of execution of the development agreement by
the city administrative officerDevelopment Agreement, provided, however, that a development agreementDevelopment
Agreement shall not:
A. Be construed to prevent the application of later adopted or amended ordinances, rules, regulations, and policies
which do not conflict with such existing ordinances, rules, regulations and policies under the development
agreement;
B. Prevent the approval, conditional approval, or denial of subsequent development applications pursuant to such
existing or later adopted or amended ordinances, rules, regulations, and policies; or
C. Preclude the cityCity from adopting and implementing emergency measures regarding water or sewer deficiencies
when the councilCouncil determines that such action is necessary to protect public health and safety. If such action
becomes necessary, the councilCouncil reserves the right to suspend water or sewer service on an equitable basis
until such deficiencies are corrected. (Ord. 1134 § 1 (part), 1989)
17.128.170 – Subsequently Enacted State and Federal Laws
17.94.170 Subsequently enacted state and federal laws.
In the event that stateState or federalFederal laws or regulations enacted after execution of a development
agreementDevelopment Agreement prevent or preclude compliance with one or more provisions of such agreement,
the provisions of such agreement shall be deemed modified or suspended to the extent necessary to comply with such
laws or regulations. (Ord. 1134 § 1 (part), 1989)
17.128.180 – Enforcement¬— – Continuing Validity
17.94.180 Enforcement—Continuing validity.
A. Unless and until amended or canceled in whole or in part as provided in Sections 17.94.190 or 17.94.210, a
development agreementDevelopment Agreement shall be enforceable by any party to the agreement, regardless
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of any change in regulations which alters or amends the regulations applicable to the project covered by a
development agreementDevelopment Agreement, except as specified in Sections 17.94.160 and 17.94.170.
B. The development agreementDevelopment Agreement shall be binding upon, and the benefits of the agreement
shall inure to, all successors in interest to the parties to the agreement. (Ord. 1134 § 1 (part), 1989)
17.128.190 – Amendment¬— – Time Extension¬— – Cancellation
17.94.190 Amendment—Time extension—Cancellation.
A development agreementDevelopment Agreement may be amended, extended, or canceledcancelled, in whole or in
part, by mutual consent of all parties to the agreement or their successors in interest. Procedures for amendment, time
extensions, or cancellation of the development agreementDevelopment Agreement by mutual consent shall be the
same as provided for initiation and consideration of such agreement. (Ord. 1134 § 1 (part), 1989)
17.128.200 – Review for Compliance¬— – Director’s Authority
17.94.200 Review for compliance—Director’s authority.
A. Every development agreementDevelopment Agreement entered into by the city councilCouncil shall provide for
directorDirector review of compliance with the development agreementDevelopment Agreement at time intervals
as specified in the agreement, but not less than once every twelve12 months.
B. The directorDirector shall determine whether the applicant or his or her successor in interest has or has not
complied with the agreement. If the directorDirector determines that the terms or conditions of the agreement are
not being met, all parties to the agreement shall be notified by registered or certified mail or other method
guaranteeing proof of delivery, also indicating that failure to comply within a period specified may result in legal
action to enforce compliance, termination, or modification of the agreement.
C. It is the duty of the applicant or his or her successor in interest to provide evidence of good faith compliance with
the agreement to the director’sDirector’s satisfaction at the time of the director’sDirector’s review. Refusal by the
applicant or his or her successor in interest to provide the required information shall be prima facie evidence of
violation of such agreement.
D. If, at the end of the time period established by the directorDirector, the applicant or his or her successor in interest
has failed to comply with the terms of the agreement or has not submitted evidence substantiating such
compliance, the directorDirector shall notify the city councilCouncil of his or her findings, recommending such
action as he or she deems appropriate, including legal action to enforce compliance or to terminate or modify the
agreement. (Ord. 1134 § 1 (part), 1989)
17.128.210 – Violation of Agreement— – Council Review and Action
17.94.210 Violation of agreement—Council review and action.
A. When the directorDirector notifies the councilCouncil that a development agreementDevelopment Agreement is
being violated, a public hearing shall be scheduled before the councilCouncil to consider the matter. Procedures
for conduct of such hearing shall be the same as provided for initiation and consideration of a development
agreementDevelopment Agreement.
B. If the councilCouncil determines that the applicant or his or her successor in interest is in violation of a development
agreementDevelopment Agreement, it may take one of the following actions:
1. Schedule the matter for councilCouncil hearing for modification or possible termination of the agreement.
Procedures for hearing notice shall be the same as provided in Section 17.94.080; or
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2. Continue the matter for further consideration. (Ord. 1134 § 1 (part), 1989)
17.128.220 – Modification or Termination for Violations
17.94.220 Modification or termination for violations.
A. After the hearing required by Section 17.94.210 (A), the councilCouncil may terminate or modify the agreement
upon finding that:
A.
1. Terms, conditions, and obligations of any party to the development agreementDevelopment Agreement have
not been met; or
2. The scope, design, intensity, or environmental effects of a project were represented inaccurately; or
3. The project has been or is being built, operated, or used in a manner that differs significantly from approved
plans, permits, or other entitlements; or
4. Parties to the agreement have engaged in unlawful activity, or have used bad faith in the performance of or
the failure to perform their obligations under the agreement.
B. Modifications. Such remedial action may include, but is not limited to, changes to project design or uses, operating
characteristics, or necessary on-site or off-site improvements which are determined to be reasonably necessary
to protect public health, safety, or welfare, and to correct problems caused by or related to noncompliance with
the terms of the agreement. (Ord. 1134 § 1 (part), 1989)
17.128.230 – Consequences of Termination
17.94.230 Consequences of termination.
Upon termination of the development agreementDevelopment Agreement, the owner shall otherwise comply with
cityCity codes, regulations, development standards, and other applicable laws in effect at the time of termination of the
agreement. (Ord. 1134 § 1 (part), 1989)
17.128.240 – Irregularity of Proceedings
17.94.240 Irregularity in proceedings.
No action, inaction, or recommendation regarding the proposed development agreementDevelopment Agreement shall
be held void or invalid or be set aside by a court by reason of any error, irregularity, informality, neglect, or omission
as to any matter pertaining to the application, notice, finding, record, hearing, report, recommendation, or any other
matters of procedure whatsoever unless, after an examination of the entire record, the court is of the opinion that the
error was prejudicial and that a different result would have been probable if the error had not occurred or existed. (Ord.
1134 § 1 (part), 1989)
17.128.250 – Coordination of Approvals
17.94.250 Coordination of approvals.
A. Public Hearings. Where an application for a development agreementDevelopment Agreement is concurrently
filed with an application for a zone change, use permit, variance, minor subdivision or tract map, or annexation
and the applications may be feasibly processed together, public hearings may be concurrently held.
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B. Zoning or Subdivision Exceptions. Yards, building height, coverage, parking requirements, density, and other
design standards may be modified or relaxed during consideration of a development agreement.Development
Agreement. The councilCouncil may modify or relax development or subdivision standards when: (1) such
modification or relaxation is otherwise allowed by this municipal codeMunicipal Code, (2) the councilCouncil makes
findings as required by zoning and subdivision regulations, and (3) the councilCouncil determines that such
modification or relaxation of standards is consistent with the general plan,General Plan and reasonably necessary
to allow the safe, efficient , and/or attractive development of the subject property. (Ord. 1134 § 1 (part), 1989)
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CHAPTER 17.130: GENERAL PLAN AMENDMENTS
17.130.010 – Purpose
The purpose of this Chapter is to provide for the orderly processing of General Plan amendments in a manner
consistent with the overall goals of the community’s planning program and the requirements of the California law. In
particular, this Chapter is intended to:
A. Assure that the General Plan is amended for good reason and with due consideration of community-wide interests;
B. Help achieve and maintain internal consistency of General Plan elements and conformance between the Plan and
implementing techniques, such as zoning; and
C. Establish rights and assign responsibilities for the persons and agencies involved in General Plan administration
so each can perform fairly and effectively.
17.130.020 – Authority to Initiate an Amendment
A. Initiation of Amendment by the City Council. The Council may initiate General Plan amendments at any time
by directing staff to prepare the necessary analysis and scheduling the proposed amendment for consideration at
a hearing, as provided in Section 17.80.050.
B. Applications to Initiate Amendments. Any person may request an amendment of the General Plan by filing an
application with the Department of Community Development. Such application shall include:
1. A description of the proposed amendment, including, as may be necessary, additions or modifications to the
text and graphics of adopted General Plan elements or reports.
2. A statement explaining how the proposed change will better reflect community desires as expressed in
General Plan goals and policies.
3. If the amendment involves change of a basic goal or policy, why the change is warranted by new information
or reevaluation of community needs.
4. An analysis of how the proposed change will beneficially and detrimentally affect adjacent areas or shared
resources. This analysis may take the form of a draft environmental impact report.
5. A description of how the amendment of one policy may reinforce or conflict with related policies, including
those in other elements.
6. Such other supporting data as the Director may require to enable evaluation of the proposal.
7. A fee sufficient to cover the expected costs incurred in processing the application, to be established by
resolution of the Council.
C. Early Council Consideration of an Application. The Director shall have the authority, prior to processing a
General Plan Amendment application in conformance with the provisions of this Chapter, to forward any such
application to the Council for early policy consideration to allow the Council to determine whether the proposed
amendment is consistent with overall policy direction in the General Plan. The Council, upon making specific
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findings in reference to specific General Plan provisions, may direct the Director to reject the application as
inconsistent with overall General Plan policy direction.
17.130.030 – Schedule for and Coordination of Amendments
A. Limited to Four Times Annually. Any element of the General Plan may be amended not more than four
times each year. Each amendment may include more than one change to the General Plan. Such amendments
may be scheduled at any time deemed necessary or convenient.
The Planning Commission may review individual amendments as often as necessary, but the Council must consider
them in no more than four batches per year so that cumulative effects of such amendments can be considered.
B. Coordination of Amendments. Changes in policy or land use designations which involve more than one element
shall be made as concurrent amendments to the related elements in order to maintain internal plan consistency.
17.130.040 – Processing, Notice, and Hearings
A. Planning Commission Actions.
1. Public Hearings—Notice. The Planning Commission shall hold at least one public hearing before taking
action on any General Plan amendment. Notice of the date, time, and place of the hearing shall be given at
least 10 calendar days before the hearing by publication of the notice, describing the nature of the proposed
amendment(s), in a newspaper of general circulation within the City.
2. Resolution. The recommendation for approval of the Planning Commission of any amendment to the General
Plan shall be by resolution of the Commission adopted by the affirmative vote of not less than a majority of its
total voting members.
3. Transmittal to Council. The Planning Commission’s recommendation shall be transmitted to the Council in
the form of a resolution with findings.
4. Other Situations. When neither a majority of the Planning Commission recommends approval nor a majority
of a quorum recommends denial, the Planning Commission may transmit the amendment to the Council with
a report explaining the situation and stating the recommendations of the individual commissioners.
B. City Council Actions.
1. Public Hearings—Notice. Upon transmittal of the resolution from the Planning Commission, the Council shall
hold at least one public hearing on proposed General Plan amendments. Notice of the time, place, and subject
of the hearing shall be given as provided in Section 17.80.060(A).
2. Resolution. Any amendment of the General Plan shall be adopted by resolution of the Council, adopted by
the affirmative vote of not less than a majority of the total membership of the Council.
3. Referral of Council Changes. In adopting any General Plan amendment which has been approved by the
Planning Commission, the Council shall not make any substantive changes or additions involving issues not
considered by the Planning Commission in their review until the proposed change or addition has been
referred to the Planning Commission for a report and the report has been filed with the Council. Failure of the
Planning Commission to report within 40 calendar days after the referral, or such longer period as may be
designated by the Council, shall be deemed to be approval of the change or addition.
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CHAPTER 17.132: ENFORCEMENT
17.132.010 – Delegation of Authority
The Director shall be responsible for enforcing these Zoning Regulations and shall issue no permit in conflict with them.
Any such permit issued shall be void.
17.132.020 – Violations
A. General Regulations and Requirements. The Director shall enforce these Zoning Regulations in accordance
with provisions of this Code and any other procedures as may be adopted by resolution of the Council. The
provisions of Municipal Code Chapter 1.12 (General Penalty) shall apply to violations of these Zoning Regulations.
B. Time Limits for and Revocation of Use Permits, Variances, and Home Occupation Permits.
1. A Director’s Action, Minor Use Permit, Conditional Use Permit, or Variance shall be automatically revoked if
not used within one year, unless a longer period is specified in the approval, or unless an extension is granted.
2. All types of approvals, permits, and Variances may be revoked by the body which originally approved them,
upon determining that any of the conditions have been violated. Procedures for revocation shall be as
prescribed for issuance of the permit or Variance, including written notice to the permittee at least 10 calendar
days before the hearing.
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ARTICLE 8: HOUSING-RELATED REGULATIONS
CHAPTER XX17.138: INCLUSIONARY HOUSING REQUIREMENTS
17.138.010 – Purpose
17.91.010 Purpose.
The purpose and intent of this chapter isChapter are: 1) to promote the public welfare by increasing the production and
availability of affordable rental housing units, and; 2) to establish an inclusionary housing requirement which
implements general planGeneral Plan policies guiding land use and housing development. (Ord. 1508 § 4 (part), 2007);
and 3) to ensure that affordable housing units established pursuant to the provisions of this Chapter are located in a
manner that provides for their integration with market rate units.
17.138.020 – Applicability and Exclusions
A. This Chapter shall apply to development projects consisting of five or more residential lots or new dwelling units,
and to commercial development projects consisting of 2,500 square feet or more of gross floor area.
B. The following types of development projects are excluded:
1. Residential developments of four units or less;
2. New commercial developments of less than 2,500 square feet of gross floor area;
3. Residential and commercial building additions, repairs, or remodels, provided that such work does not
increase the number of existing dwellings by four or more units or result in an increase in gross floor area of
2,500 square feet;
4. The conversion of less than five dwelling units to condominiums within any five-year period;
5. Commercial condominium conversions which do not result in the creation of new dwellings;
6. Affordable housing projects in which 100 percent of the dwellings to be built will be sold or rented in
conformance with the City’s affordable housing standards;
7. Emergency projects or projects which the Council determines are necessary to protect public health and
safety;
8. Development projects which the Director determines are essentially noncommercial or nonresidential in
nature, which provide educational, social, or related services to the community and which are proposed by
public agencies, nonprofit agencies, foundations, and other similar organizations;
9. Projects which replace or restore a structure damaged or destroyed by fire, flood, earthquake, or other disaster
within three years prior to the application for the new structure(s);
10. Projects for which an approved tentative map or vesting tentative map exists, or for which a construction
permit was issued prior to the effective date of the ordinance codified in this chapter and the permittee has
performed substantial work and incurred substantial liabilities and which continue to have unexpired permits.
17.138.030 – Definitions
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17.91.020 Definitions.
For the purposes of this chapterChapter, the following words and phrases shall have the meaning set forth below:. For
all other definitions, the provisions of Article 9 (Definitions) of this Title shall apply.
A. A. “Affordable” means housing which can be purchased or rented by a household with very low-, low-, or moderate-
income, as described in the city’sCity’s affordable housing standards.
B. “Affordable housing agreement” shall mean a written agreement between the developer, city and possibly
additional parties which specifies the terms and conditions under which affordable housing requirements are to be
met.
C. “Affordable housing fund” means a fund established and administered by the city, containing in-lieu fees and other
funds held and used exclusively to increase and improve the supply of affordable housing.
D. “Affordable housing project” shall mean a development project in which one hundred percent of the dwellings to be
built will be sold or rented in conformance with the city’s affordable housing standards.
B. E. “Building valuation” shall mean the total value of all construction work for which a construction permit is required,
as determined by the chief building officialChief Building Official using the Uniform Building Code.
F. “Commercial project” means a development project involving primarily nonresidential uses, including retail, office,
service commercial, light industrial, neighborhood commercial, tourist commercial, and manufacturing uses as
further described in the zoning regulations.
G. “Density” means residential density as defined in Section 17.16.010.
C. H. “Density bonus” means a density increase of at least twenty-five percent over the maximum density otherwise
allowable under the zoning regulationsZoning Regulations.
D. I. “Development project” shall mean an activity for which a subdivision map or construction permit is required,
including new buildings and building additions or remodels as described in Section 17.91.030xxx.xx , but not
including changes in ownership, occupancy, management, or use. See also “Downtown Housing Conversion” in
Article 9.
J. “Director” means the community development director or his or her authorized representative.
K. “Equity build-up” shall mean a property’s sales price at first resale, less the initial purchase price and less the city’s
equity share as described in Section 17.91.150.
E. L. “Expansion area” means a land area proposed for annexation to the cityCity or annexed after the adoption date
of the ordinance codified in this chapterChapter.
F. M. “Housing Authority” refers to the Housing of Authority of San Luis Obispo (HASLO).
G. “Inclusionary housing unit” means a dwelling which is built under the provisions of this chapterChapter, and which
meets the city’sCity’s affordable housing standards.
N. “In-lieu fee” means a fee paid to the city as an alternative to the production of inclusionary housing, to be used in
the acquisition, construction, or rehabilitation of affordable housing.
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H. O. “Low-” or “lower-income households” shall have the meaning set forth in California Health and Safety Code
Section 50079.5; provided the income of such persons and families shall not exceed eighty80 percent of the
median income within the countyCounty.
I. P. “Market value” shall mean the highest price a willing buyer would pay and a willing seller would accept, both
being fully informed and in an open market, as determined by an appraiser or other qualified professional.
Q. “Mixed use development project” shall mean a development project which combines residential and nonresidential
uses on the same lot, pursuant to city zoning regulations.
J. R. “Moderate-income households” shall include those persons and families whose incomes exceed eighty80
percent but are less than or equal to one hundred twenty120 percent of the median income within the
countyCounty.
K. S. “Real property” shall mean land and improvements, if any, including anything permanently affixed to the land,
such as buildings, walls, fences, and paved areas.
L. T. “Residential project” shall mean development projects which result in the subdivision of land and/or the
construction or conversion of dwellings, including, but not limited to, single-familyunit attached or detached homes,
apartments, condominiums, live/work studios, mobile homes, and group housing.
U. “Very low-income” shall have the meaning set forth in California Health and Safety Code Section 50105; provided,
that such income level shall not exceed fifty percent of median income within the county. (Ord. 1508 § 4 (part),
2007)
Applicability, defined as “persons and Exclusions
17.91.030 Applicability and exclusions.
A. This chapter shall apply to development projects consisting of five or more lots or new dwelling units, and to
commercial development projects consisting of two thousand five hundred square feet of gross floor area or larger.
B. The following types of development projects are excluded:
1. 1. families whose incomesResidential developments of four units or less;
2. New commercial developments of less than two thousand five hundred square feet gross floor area;
3. Residential and commercial building additions, repairs or remodels; provided, that such work does not
increase the number of existing dwellings by four or more units, or result in an increase in gross floor area
of two thousand five hundred square feet;
4. The conversion of less than five dwelling units to condominiums within any five-year period;
M. 5. Commercial condominium conversions which do not resultexceed the qualifying limits for very low-income
families as established and amended from time to time in compliance with Section 8 of the United States Housing
Act of 1937, and as published in the creation of new dwellings;California Administrative Code.”
6. Affordable housing projects;
17.138.040 –
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7. Emergency projects, or projects which the city council determines are necessary to protect public health
and safety;
8. Development projects which the city council determines are essentially noncommercial or nonresidential
in nature, which provide educational, social or related services to the community and which are proposed
by public agencies, nonprofit agencies, foundations and other similar organizations;
9. Projects which replace or restore a structure damaged or destroyed by fire, flood, earthquake or other
disaster within three years prior to the application for the new structure(s);
10. Projects for which an approved tentative map or vesting tentative map exists, or for which a construction
permit was issued prior to the effective date of the ordinance codified in this chapter and which continue
to have unexpired permits. (Ord. 1508 § 4 (part), 2007)
General Standards
17.91.040 General standards.
A. Methods of Meeting Requirements. New development projects shall satisfy the inclusionary housing
requirements, as specified in Tables 2 and 2A of the general plan housing element,General Plan Housing Element
(also included below) which providerequire that all nonexempt development projects shall contribute toward the
production of affordable housing by constructing at least one affordable dwelling unit or paying an in-lieu fee. To
meet the requirements, the developer shall comply with one or more of the following methods:
1. Construct the required number of affordable dwelling units, as specified in Table 2 of the Housing Element,
as adjusted by Table 2A of the Housing Element; or
2. Pay an in-lieu fee as described in Table 2, as adjusted by Table 2A. For development projects in which the
adjustment factor under Table 2A equals zero (“0”), the minimum adjustment factor shall be 0.25 (resulting in
a minimum in-lieu fee of 1.25 percent of the building valuation for in-city development projects and commercial
developments in expansion areas, and 3.75 percent of building valuation for residential developments in
expansion areas); or
3. Dedicate real property for affordable housing; or
4. Provide for the rehabilitation of existing housing units that are vacant and in poor physical condition or are
otherwise uninhabitable; or
5. Use a combination of the above methods, to the approval of the city councilDirector.
Housing Element Table 8-1 – Inclusionary Housing Requirement
Type of Housing Development
Residential – Adjust Requirements per Table 2A below Commercial Location In City Limits
Build 3% low5 or 5% moderate income Affordable
Dwelling Units (ADUs2), but not less than 1 ADU per
project;
or3
pay in-lieu fee equal to 5% of building valuation.4
Build 2 ADUs per acre, but not
less than 1 ADU per project;
or3
pay in-lieu fee equal to 5% of
building valuation
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In Expansion Area Build 5% low5 - and 10% moderate income ADUs, but
not less than 1 ADU per project;
or
pay in-lieu fee equal to 15% of building valuation.
Build 2 ADUs per acre, but not
less than 1 ADU per project;
or
pay in-lieu fee equal to 5% of
building valuation.
Notes:
1. Residential developments of four or less dwellings, and commercial developments of 2,500 gross square feet of floor area or less
are exempt from these requirements.
2. Affordable Dwelling Units must meet City affordability criteria listed in Goal 2.1 of the Housing Element.
3. Developer may build affordable housing in the required amounts, pay in-lieu fee based on the above formula, or dedicate real
property, or a combination of these, to City approval.
4. "Building valuation" shall mean the total value of all construction work for which a permit would be issued, as determined by the
Chief Building Official.
5. Low income includes the subsets of extremely low and very low-income categories.
Housing Element Table 8-2 – Inclusionary Housing Adjustment Factors
Project
Density
(Density
Units/Net
Acre)1
Inclusionary Housing Requirement Adjustment Factor2
Average Unit Size (square feet)
Up to 1,100 1,101 – 1,500 1,501 – 2,000 2,001 – 2,500 2,501 – 3,000 >3,000
36 or more 0 0 0.75 1.0 1.25 1.5
24 – 35.99 0 0 0.75 1.0 1.25 1.5
12 – 23.99 0 0.25 1.0 1.25 1.5 1.75
7 – 11.99 0 0.5 1.0 1.25 1.5 1.75
<7 0 0.5 1.25 1.5 1.75 2.0
Notes:
1. Including allowed density bonus, where applicable.
2. Multiply the total base Inclusionary Housing Requirement (either housing or in-lieu percentage) by the adjustment factor to
determine requirement. At least one enforceably restricted affordable unit is required per development of five or more units.
B. Affordable Housing Standards. Affordable dwelling units constructed must meet cityCity affordable housing
standards, and must be consistent with affordability policies in the general plan housing elementGeneral Plan
Housing Element.
C. Concurrent Development. The required inclusionary units shall be constructed concurrently with market
ratevalue units unless the developer and the city councilDirector agree within an affordable housing agreement to
an alternative development schedule. (Ord. 1508 § 4 (part), 2007)
17.138.050 – Procedures
17.91.050 Procedures.
A. Fractional Numbers. In determining the number of dwellings that are required to be built pursuant to Table 2,
fractional units less than 0.50 shall be rounded down to the first whole number unit, and fractional units of 0.50 or
greater shall be rounded up to the next higher whole number unit, as calculated by the director.
B. Determining Adjustment Factor Using Project Density and Average Unit Size. To determine the adjustment
factor in Table 2A, project density shall be calculated by dividing the total number of density units proposed
(including density bonus where applicable) by the development project site’s net area. Average floor area shall be
calculated by dividing the total gross floor area of all dwellings (excluding garages) within the development project
by the total number of dwellings. Dedicated open space shall not be included in a site’s net area.
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C. Mixed -Use Development Projects. For mixed -use development projects with five or more dwellings, the
inclusionary housing requirement is determined by: (1) using Table 2 to calculate the base inclusionary
requirement for the commercial use, and (2) using Table 2A to adjust the base requirement based on project
density and average unit size, as described in subsection (B) of this sectionSection. For mixed -use development
projects with lessfewer than five dwellings, the base inclusionary housing requirement for the commercial use shall
apply.
D. Timing. The inclusionary housing requirement shall be met prior to issuance of a certificateCertificate of
occupancyOccupancy for the first unit in a building, or the first building in a complex to be constructed or
remodeled; or for subdivisions, prior to final mapFinal Map approval; or prior to building permit issuance, for
projects for which a certificateCertificate of occupancyOccupancy is not issued; or as otherwise agreed to by the
city councilDirector as part of tentative map, rezoning, conditional use permitMinor Use Permit, Conditional Use
Permit, or other development approval.
E. Affordable Housing Agreement. To meet the requirement, the developer may enter into an agreement with the
cityCity, the city’s housing authority,Housing Authority of San Luis Obispo (HASLO), nonprofit housing provider,
or other qualified housing provider approved by the city councilDirector to construct, refurbish, convert, operate,
and maintain the required affordable housing. Such affordable housing agreements shall be to the approval of the
directorDirector and shall be in a form approved by the city attorney. (Ord. 1508 § 4 (part), 2007)City Attorney.
17.138.060 – In-lieu Housing Fee
17.91.060 In-lieu housing fee.
A. Payment of In-Lieu Fee. DeveloperThe developer may, at his or her discretion, choose to pay a fee to the city or
dedicate real propertyCity in lieu of constructing affordable dwellings to meet this requirement.
B. Amount and Method of Payment. The dollar amount and method of payment of the in-lieu fee shall be as
described in Table 2, and where applicable, as adjusted by Table 2A in Appendix N of the general plan housing
elementGeneral Plan Housing Element, as further described in Section 17.91.040(A)(2),xxx.xx, to the approval of
the directorDirector. For subdivisions in which the construction valuation is not known, the directorDirector shall
estimate the average construction valuation based on lot area, land value, and applicable cityCity development
standards. DeveloperThe developer shall use the estimated average construction valuation to determine the
amount of in-lieu fees.
C. Timing. In-lieu fees shall be paid prior to release of occupancy of the first dwelling within a residential development;
or for residential subdivisions to be built out by others, prior to final subdivision map approval; or prior to occupancy
for new commercial buildings or remodels; or prior to building permit issuance, for projects for which a certificate
of occupancy is not issued; or as otherwise provided by written agreement between the developer and cityCity, to
the approval of the director. (Ord. 1508 § 4 (part), 2007)Director. For mixed-use developments, these regulations
shall apply to whichever occupancy release is first issued.
17.138.070 – Affordable Housing Fund Established
17.91.070 Affordable housing fund established.
The cityCity hereby establishes an affordable housing fund. SaidAffordable Housing Fund. The fund shall be
administered by the finance directorFinance Director and shall be used exclusively to provide funding for the provision
of affordable housing and for reasonable costs associated with the development of affordable housing, at the discretion
of the city councilCouncil. In-lieu fees collected shall be deposited into the Affordable Housing Fund, to the satisfaction
of the Director of Finance.
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A. In-Lieu Fees. In-lieu fees collected shall be deposited into the affordable housing fund, to the satisfaction of the
finance director. (Ord. 1508 § 4 (part), 2007)
17.138.080 – Real Property Dedication
17.91.080 Real property dedication.
A. Irrevocable Offer to Dedicate Real Property. At the discretion of the city councilCouncil, an irrevocable offer to
dedicate real property equal or greater in value to the in-lieu fee which would otherwise be required may be offered
to the cityCity, or to a an affordable housing provider designated by the cityCity, instead of providing the required
number of affordable dwellings or paying in-lieu fees. The City shall have the option of negotiating with the
applicant regarding dedications of properties with greater value that the in-lieu fee to achieve an equitable
dedication. In considering an offer to dedicate real property, the city councilCouncil must find that the dedication
of real property will provide equal or greater public benefit than constructing affordable units or paying in-lieu fees,
based on the following criteria: and additional criteria set forth in Government Code Section 65915(g)(2)(A-H):
1. Valuation of the land and/or improvements to be dedicated relative to other methods of meeting the
requirement;
2. Suitability of the land and/or improvements for housing, including general planGeneral Plan conformity, size,
shape, topography, and location; and
3. Feasibility of developing affordable housing, including general planGeneral Plan consistency, and availability
of infrastructure.
B. Real Property Valuation. The valuation of real property offered in lieu shall be determined by the directorDirector,
based upon an appraisal made by a qualified appraiser mutually agreed to by the developer and the cityCity. Costs
associated with the appraisal, title insurance and transfer, recordation, and related costs shall be borne by the
developer.
C. Agreement and Timing. The real property dedication shall be by deed or other instrument acceptable to the
cityCity, and shall be completed by recordation with the recorderthrough of the countyOffice of San Luis
ObispoCounty Clerk-Recorder prior to occupancy release of the first residential unit or commercial building in the
development; or prior to building permit issuance, for projects for which a certificateCertificate of
occupancyOccupancy is not issued; or as otherwise provided by written agreement between the developer and
the city. (Ord. 1508 § 4 (part), 2007)City.
17.138.090 – Incentives
17.91.090 Incentives.
A. Eligibility for Incentives. The developer may be eligible to receive or to request development incentives in return
for constructing affordable housing in connection with a development project, pursuant to the affordable housing
incentives (ChapterSection 17.90xx.xxx (Affordable Housing Incentives), as part of a cityCity planning application.
Incentives or other forms of financial assistance may be offered by the cityCity to the extent that resources are
available for this purpose and to the degree that such incentives or assistance will help achieve the city’sCity’s
housing goals.
B. Affordable Housing Agreement. Any incentives provided by the cityCity, beyond those incentives to which a
developer may be automatically entitled to under ChapterSection 17.90,xx.xxx (Affordable Housing Incentives) shall
require city councilCouncil approval and shall be set out in an affordable housing agreement. The form and content
of such agreement shall be to the approval of the city attorneyCity Attorney and the directorDirector. Developers
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are further encouraged to utilize other local, stateState or federalFederal assistance, when available, to meet the
affordable housing standards. (Ord. 1508 § 4 (part), 2007)
17.138.100 – Project Application
17.91.100 Project application.
A. Method of Application. An applicant/developer proposing a project for which affordable housing is required shall
submit a statement with the standard planning application, describing the inclusionary housing proposal. The
developer’s statement shall include:
1. A brief description of the proposal, including the method chosen to meet the inclusionary housing requirement;
number, type and location of affordable units; term of affordability; preliminary calculation of in-lieu fees; or
offer of land dedication;
2. How the proposal meets general planGeneral Plan policies and inclusionary housing requirements;
3. Plans and other exhibits showing preliminary site layout, grading, building elevations, parking and other site
features, location of affordable dwelling units, and (where applicable) market ratevalue dwelling units;
4. Description of incentives requested, including exceptions from development standards, density bonuses, fee
waivers or other incentives; and
5. Other information which the directorDirector determines necessary to adequately evaluate the proposal,
including but not limited to the method proposed to award occupancy of the affordable units.
B. Director Response. After receiving a complete planning application, including an affordable housing proposal, the
director shall respond to the applicant or developer’s affordable housing proposal. The city response shall identify:
(1) affordable housing issues and concerns; (2) incentives which the director can support when making a
recommendation to the decision-making body; and (3) procedures which will need to be followed to comply with
the inclusionary housing requirements. (Ord. 1508 § 4 (part), 2007)
Conditions of Approval
17.91138.110 Conditions of development approval. – Required Agreements
A. Submittal of an Affordable Housing Agreement. Applicants and developers for development projects subject
to this chapterChapter shall, as a condition of development approval, prepare and submit an affordable housing
agreement for city approval.on forms provided by the City. The draft agreement shall be reviewed by the
directorDirector and city attorneyCity Attorney for compliance with project approvals, cityCity policies and
standards, and applicable codes. Following approval and signing of the agreement by the parties, the final
agreement shall be recorded, and relevant terms and conditions shall be recorded as a deed restriction on those
lots or affordable units subject to affordability requirements. The affordable housing agreement shall be binding to
all future owners and successors in interest.
B. Agreements for Constructing Affordable Units. For development projects meeting their inclusionary requirement
through construction of affordable dwelling units, the affordable housing agreement shall specify:
1. The number and location of affordable units;
2. The size (square footage), number of bedrooms, and design of the affordable units;
3. Terms of affordability;
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4. Schedule for construction of the affordable units;
Exemption for In-Lieu Fees Payment.
5. Incentives or other assistance to be provided by the city;
6. Where applicable, the procedures to be used for qualifying tenants or buyers, setting rental/sales costs,
renting or selling units, filling vacancies, and managing the units;
7. Mechanisms or procedures to assure that the selection of potential residents takes place via an open,
public process including but not limited to a lottery, selection by the housing authority or other nonprofit
third party, or by other means that ensure (qualified) members of the community have an equal chance at
participation. The agreement shall also specify the mechanism or procedures used to assure the
continued affordability and availability of the specified number of dwelling units to very low-, lower-, and
moderate-income households and/or qualifying seniors; and
8. Other terms or conditions requested by city.
C. Agreements for Real Property Dedication. For development projects meeting their inclusionary housing
requirement through real property dedication, the agreement shall specify:
1. The method of conveyance, schedule, and appraised value of the proposed dedication;
2. Calculation of housing in-lieu fees otherwise applicable to the project at the time of recordation;
3. Title report and insurance;
4. Description of location, condition, improvements, and other relevant factors applying to the property; and
5. Other information required by the city.
D. Payment of In-Lieu Fees. An affordable housing agreement shall not be required for projects which meet their
inclusionary housing requirement through the payment of in-lieu fees. (Ord. 1508 § 4 (part), 2007)
17.138.120 – Program Requirements
17.91.120 Program requirements.
Only households qualifying as very low-, low--, or moderate- income, pursuant to the affordable housing standards,
shall be eligible to rent, purchase, or occupy inclusionary units developed or funded in compliance with this requirement.
For -sale inclusionary housing units shall be owner-occupied for the term of the affordable housing agreement. (Ord.
1508 § 4 (part), 2007)
17.138.130 – Eligibility Screening
17.91.130 Eligibility screening.
The city, its housing authority,Housing Authority or other housing provider designated by the cityCity shall screen
prospective renters or buyers of affordable units. Renters or buyers of affordable units shall enter into an agreement
with the city, its housing authority or other housing provider to comply with the affordable housing standards.City.
Occupants must be selected by means of an open, public process which ensures that individuals of a group of
interested participants have equal probability of selection. Private selection of individuals by project owners is not
permitted except for any affordable units provided in excess of the required inclusionary units. (Ord. 1508 § 4 (part),
2007).
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17.138.140 – Affordability Restrictions
17.91.140 Affordability restrictions.
Developers of affordable units for sale shall specify the type of affordability restriction to be applied. The developer
shall choose to either: (A1) participate in a shared equity purchase program, as described in Section 17.91.150xxx.xx
, or (B2) enter into an affordable housing agreement to ensure that affordability is maintained for the longest period
allowed or required by stateState law, but not less than thirty30 years. Affordable rental units shall be affordable for the
longest period allowed or required by stateState law, but not less than thirty30 years. (Ord. 1508 § 4 (part), 2007)
17.138.150 – Shared Equity Purchase Program
17.91.150 Shared equity purchase program.
A. Under this program, the qualified buyer of a designated affordable dwelling unit shall enter into a shared equity
agreement with the cityCity. Said agreement shall be recorded as a second trust deedlien against the purchased
property, at no interest, securing and stating the city’sCity’s equity share in the property. The city’sCity’s equity
share shall be calculated by the directorDirector, and shall be the decimal percentage of the property’s value
resulting from:
1. The difference between the property’s market value and the actual price paid by the homeowner, divided by
the market value; and/or, when applicable,
2. The amount of subsidy provided by the cityCity to the homeowner to purchase the property, divided by the
property’s market value.
B. Upon sale, the city’sCity’s equity share shall be repaid to the cityCity from the proceeds of the sale, less the
city’sCity’s percentage share of title insurance, escrow fees, and documentary transfer taxes, at the close of
escrow. (Ord. 1508 § 4 (part), 2007)The proceeds from the sale shall be deposited into the City’s Affordable
Housing Fund and shall be used for the purposes set forth in Health and Safety Code § 33334.2(e).
17.138.160 – Early Resale of Shared Equity Properties
17.91.151 Early resale of shared equity properties.
In the event of “early resale,” owners of properties subject to the shared equity purchase program shall either: (A1) pay
an equity recapture fee to the cityCity as described in the schedule below, in addition to the city’sCity’s equity share,
or (B2) sell the property to another eligible household. “Early resale” shall mean the sale, lease, or transfer of property
within fivesix years of the initial close of escrow. If the owner chooses to pay the equity recapture fee, the recapture
fee shall be paid to the cityCity upon resale at close of escrow, based on the following schedule:
Table 8-3: Percent of Equity Build-up Recaptured
Year % of Equity Build-up Recaptured
0 – 23 100%
34 75%
45 50%
56 25%
67 and after 0%
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The recapture amount shall be determined prior to the calculation of escrow closing costs. (Ord. 1508 § 4 (part), 2007)
17.138.170 – Management and Monitoring
17.91.160 Management and monitoring.
Inclusionary rental units shall be managed and operated by the property owner, or the owner’s agent, for the term of
the affordable housing agreement. Sufficient documentation shall be submitted to ensure compliance with this
chapterChapter, to the satisfaction of the director. (Ord. 1508 § 4 (part), 2007)Director.
17.138.180 – Enforcement and Appeals
17.91.170 Enforcement and appeals.
A. Enforcement. No final subdivision map shall be approved, nor building permit issued, nor shall any other
development entitlement be granted for a development project which does not meet these requirements. No
inclusionary unit shall be rented or sold except in accordance with these requirements and the affordable housing
standards.
B. Appeals. The directorDirector shall administer and interpret these requirements, subject to applicable codes and
cityCity procedures. Decisions of the directorDirector are appealable, subject to the zoning regulations appeal
provisions (ChapterZoning Regulations Section 17.66). (Ord. 1508 § 4 (part), 2007)xxx.xx (Appeals).
17.138.190 – Severability
17.91.180 Severability.
If any provision of this chapterChapter or the application thereof to any person or circumstances is held invalid, the
remainder of the chapterChapter and the application of the provision to other persons or situations shall not be affected
thereby. (Ord. 1508 § 4 (part), 2007)
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CHAPTER XX17.140: AFFORDABLE HOUSING INCENTIVES
17.140.010 – Purpose
17.90.010 Purpose.
The purpose and intent of this chapter isChapter are to encourage housing projects which incorporate units affordable
to very-low,-, lower,-, and moderate -income households, and qualifying seniors or the donation of land for affordable
housing within the cityCity, and which conform to cityCity development policies and standards, by providing density
bonuses, or other equivalent incentives, as required by California Government Code Section 65915 et seq. This chapter
is a summary of California Government Code Sections 65915 through 65918. Where there is a conflict between the
state density bonus lawState Density Bonus Law and the zoning regulationsZoning Regulations, the state density
bonus lawState Density Bonus Law shall prevail. (Ord. 1591 § 20 (part), 2013)
17.140.020 – Definitions
17.90.020 Definitions.
For the purposes of this chapterChapter, the following words and phrases shall have the meanings set forth below:.
For all other definitions, the provisions of Article 9 (Definitions) of this Title and Section 17.xx.xxx (Definitions), above,
shall apply.
A. A. “Affordable” shall mean residential rent costs or sales prices which conform to the standards issued by the
directorDirector and updated periodically to reflect stateState and/or federalFederal housing cost indices.
B. B. “Common interest development” means any of the following: a community apartment project, a condominium
project, a planned development, or a stock cooperative set forth in Civil Code Section 1351.
C. C. “Density” means residential density as defined in Section 17.16.010. As an example, a two-bedroom dwelling
equals 1.00 density unit.xxx.xx (Calculating Residential Density).
D. D. “Density bonus” means a density increase over the maximum density otherwise allowable under the zoning
regulationsZoning Regulations and land use elementLand Use Element of the general planGeneral Plan.
E.
E. “Director” means the community development director or his or her authorized representative.
F. “Housing development” means a development project for five or more residential units; also includes a subdivision
or common interest development.
G. “Lower income households” shall have the meaning set forth in California Health and Safety Code Section
50079.5; provided the income of such persons and families whose incomes exceed fifty percent but are less than
or equal to eighty percent of the median income within the county.
H. F. “Maximum allowable residential density” means the maximum density allowed under the zoning
regulationsZoning Regulations and land use elementLand Use Element of the general planGeneral Plan.
I. “Moderate income households” shall have the meaning set forth in California Health and Safety Code Section
50093; provided the income of such persons and families whose incomes exceed eighty percent but are less than
or equal to one hundred twenty percent of the median income within the county.
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J. G. “Senior citizen housing development” means a residential development developed, substantially rehabilitated,
or substantially renovated for senior citizens (fifty-five55 years or older) that has at least thirty-five35 dwelling units.
K. “Very-low income households” shall have the meaning set forth in California Health and Safety Code Section
50105; provided the income of such persons and families whose incomes exceed thirty percent but are less than or
equal to fifty percent of the median income within the county. (Ord. 1591 § 20 (part), 2013)
17.140.030 – Application Process
17.90.030 Application process for incentive.
A. The developer may submit a preliminary proposal for the development of affordable housing prior to the submittal
of any formal requests for general planGeneral Plan amendments, zoning amendments, or subdivision map
approvals. The city council shall, within ninety days of receiving a written preliminary proposal, notify the housing
developer in writing of the procedures under which the city will comply with this chapter.
B. Any request for a density bonus or other incentives shall be in writing, and shall include the following information,
as well as any additional information required by the directorDirector:
1. The name of the developer;
2. The location of the proposed project;
3. The density allowed under the zoning regulationsZoning Regulations, as well as the proposed density;
4. The number and type (bedroom count) of dwellings and identification of those dwellings which are to be
affordable to each household income category;
5. Whether the dwellings will be offered for sale or for rent;
6. The proposed sales price, financing terms, rental rates or other factors which will make the dwellings
affordable to very-low,-, lower-, and moderate -income households. (Ord. 1591 § 20 (part), 2013)
17.140.040 – Standard Incentives for Housing Projects
17.90.040 Standard incentives for housing projects.
A. This sectionSection shall apply only to housing projects consisting of five or more dwelling units. Per stateState
law, projects that provide affordable housing are allowed up to a thirty-five35 percent density bonus based on the
tables outlined below for the respective affordability levels. In addition, the city councilDirector may approve a
density bonus in excess of thirty-five35 percent at the request of the developer, as well as other concessions and
incentives outlined in Section 17.90.060xxx.xx .
B. All density calculations resulting in fractional units shall be rounded up to the next whole number.
C. For the purpose of this sectionSection, “total units” or “total dwelling units” does not include units added by a
density bonus awarded pursuant to this sectionSection or any local law granting a greater density bonus.
D. Ten Percent Low Income Dedication. When a developer agrees to construct tenat least 10 percent of the total
units of a housing development for persons or families of lower income, the directorDirector shall grant the
developer, upon the developer’s request, a density bonus; the density bonus shall be calculated as follows:
Table 8-4: Density Bonus for Percentage of Low Income Dedicated Units
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Percentage Low Income
Units
Percentage Density
Bonus
10 20
11 21.5
12 23
13 24.5
14 26
15 27.5
17 30.5
18 32
19 33.5
20 35
E. Five Percent Very-Low Income Dedication. When a developer agrees to construct at least five percent of the
total units of a housing development for very-low income households, the directorDirector shall grant the developer,
upon the developer’s request, a density bonus; the density bonus shall be calculated as follows:
Table 8-5: Density Bonus for Percentage of Very-Low Income Dedicated Units
Percentage Very-Low
Income Units
Percentage Density
Bonus
5 20
6 22.5
7 25
8 27.5
9 30
10 32.5
11 35
F. Twenty Percent Senior Citizen Housing Development Dedication. When a developer agrees to construct a
senior citizen housing development, or mobile home park that limits residency based on age requirements for
housing for older persons, the directorDirector shall grant the developer, upon the developer’s request, a density
bonus; the density bonus shall be twenty20 percent of the number of senior housing units.
G. Ten Percent Common Interest Development for Moderate Income Dedication. If a developer agrees to
construct tenat least 10 percent of the total dwelling units in a common interest development for persons or families
of moderate income, provided that all units in the development are offered to the public for purchase, the
directorDirector shall grant the developer, upon the developer’s request, a density bonus; the density bonus shall
be calculated as follows:
Table 8-6: Density Bonus for Percentage of Moderate Income Dedicated Units
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Percentage Moderate Income
Units
Percentage Density
Bonus
10 5
11 6
12 7
13 8
14 9
15 10
16 11
17 12
18 13
19 14
20 15
21 16
22 17
23 18
24 19
25 20
26 21
27 22
28 23
29 24
30 25
31 26
32 27
33 28
34 29
35 30
36 31
37 32
38 33
39 34
40 35
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H. Land Donation Dedication. If a developer for a tentative subdivision map, parcel map, or other residential
development approval donates land to the cityCity for affordable housing in accordance with this chapterChapter
and the provisions set forth in California Government Code Sections 65915 through 65918, the applicant shall be
entitled to a fifteen15 percent increase above the otherwise maximum allowable residential density for the entire
development. The directorDirector shall grant the applicant, upon the applicant’s request, a density bonus; the
density bonus shall be calculated as follows:
Table 8-7: Density Bonus for Land Donation Dedication for Affordable Housing
Percentage Very Low-
Income Units
Percentage Density
Bonus
10 15
11 16
12 17
13 18
14 19
15 20
16 21
17 22
18 23
19 24
20 25
21 26
22 27
23 28
24 29
25 30
26 31
27 32
28 33
29 34
30 35
I. Housing for Transitional Foster Youth, Disable Veterans, and Homeless Persons. If a developer agrees to
construct as least10 percent of the total dwelling units in a housing development for transitional foster youth, as
defined in Education Code Section 66025.9, or for disabled veterans, as defined in Government Code Section
18451, or for homeless persons, as defined in the Federal McKinney-Vento Homeless Assistance Act, the Director
shall grant the developer, upon the developer’s request, a density bonus of 20 percent. The units shall be subject
to a recorded affordability restriction of 55 years and shall be provided at the same affordability level as very-low-
income units.An applicant may elect to accept a lesser percentage of density bonus.
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J. An applicant may elect to accept a lesser percentage of density bonus.
K. Parking Requirements.
1. Upon the request of the developer, parking ratios of a development meeting the criteria of this sectionSection,
inclusive of handicapped and guest parking, shall be as follows:
1. a. Studio to one bedroom: one on-site parking space per unit.
2. b. Two to three bedrooms: two on-site parking spaces per unit.
3. c. Four or more bedrooms: two and one-half parking spaces per unit.
a.
d. Senior housing: 0.5 spaces per bedroom
2. If the total number of parking spaces required for a development is other than a whole number, the number
shall be rounded up to the next whole number.
b.
3. For purposes of this sectionSection, a development may provide on-site parking through tandem or uncovered
parking, but not through on-street parking.
c.
4. An applicant may request additional parking incentives or concessions beyond those provided in this
sectionSection, subject to Section 17.90xxx.xx .
17.140.050 – Standard Incentives for Mixed Use Projects
When an applicant for a commercial development partners with a housing developer proposing to provide affordable
housing, the City shall grant to the commercial developer a development bonus pursuant to Governmental Code
Section 65915.7 (Commercial development incentives for affordable housing.)
17.140.060. (Ord. 1591 § 20 (part), 2013)
– Standard Incentives for Conversion of Apartments to Condominium Projects
17.90.050 Standard incentives for conversion of apartments to condominium projects.
A. For the purposes of this sectionSection, “other incentives of equivalent financial value” shall not be construed to
require the cityCity to provide cash transfer payments or other monetary compensations but may include the
reduction or waiver of requirements which the cityCity might otherwise apply as conditions of conversion approval.
B. For purposes of this sectionSection, “density bonus” means an increase in units of twenty-five25 percent over the
number of apartments, to be provided within the existing structure or structures proposed for conversion.
C. When an applicant for approval to convert apartments to condominium units agrees to provide at least thirty-
three33 percent of the total units of the proposed condominium project to persons and families of low or moderate
income, or fifteen15 percent of the total units of the proposed condominium project to lower income households,
and agrees to pay for the reasonable, necessary administrative costs incurred by the cityCity pursuant to this
sectionSection, the directorDirector shall grant a density bonus or provide other incentives of equivalent financial
value as it finds appropriate.
D. Nothing in this sectionSection shall be construed to require the cityCity to approve a proposal to convert
apartments to condominiums.
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E. An applicant shall not be eligible for a density bonus under this sectionSection if the apartments proposed for
conversion constitute a housing development for which a density bonus or other incentives were provided under
Section 17.90.040xxx.xx or 17.90.060xxx.xx .
F. The cityCity shall grant the developer’s request for development incentive(s) unless the city councilCouncil makes
written findings of fact that the additional incentive(s) are not required to achieve affordable housing objectives as
defined in Section 50062.5 of the Health and Safety Code, or to ensure that sales prices for the targeted dwelling
units will be set and maintained in conformance with cityCity affordable housing standards. (Ord. 1591 § 20 (part),
2013)
17.140.070 – Alternative or Additional Incentives
17.90.060 Alternative or additional incentives.
A. When a developer agrees to construct housing for households of very-low, lower, or moderate income households,
or for qualifying senior households, or for qualifying transitional foster youth, disabled veterans, or homeless
persons, and desires an incentive other than a density bonus as provided in Section 17.90.040xxx.xx, or when an
applicant for approval to convert apartments to a condominium project agrees to provide housing for households
of very -low, lower, or moderate income, or for qualifying senior households, the developer shall receive the
following number of incentives or concessions:
1. One incentive or concession for housing developments that include at least ten10 percent of the total units for
lower income households, at least five percent for very-low income households, or at least ten10 percent for
persons and families of moderate income in a common interest development., or at least 10 percent for
qualifying transitional foster youth, disabled veterans, or homeless persons,
2. Two incentives or concessions for housing developments that include at least twenty20 percent of the total
units for lower income households, at least ten10 percent for very-low income households, or at least twenty20
percent for persons and families of moderate income in a common interest development. , or at least 20
percent for qualifying transitional foster youth, disabled veterans, or homeless persons,
3. Three incentives or concessions for housing developments that include at least thirty30 percent of the total
units for lower income households, at least fifteen15 for very-low income households, or at least thirty30
percent for persons and families of moderate income in a common interest development. , or at least 30
percent for qualifying transitional foster youth, disabled veterans, or homeless persons,
B. Alternative incentive proposals shall include information set forth in Section 17.90.030(B)xxx.xx , as well as a
description of the requested incentive, an estimate of the incentive’s financial value in comparison with the financial
value of the density bonus allowed in Section 17.90.040, as well as the basis for the comparison estimate..
Alternative incentive proposals shall be considered by the councilPlanning Commission and may include but are
not limited to one or more of the following:
1. A reduction in site development standards or modification of zoning codeTitle 17 requirements or
architectural design requirements that exceeds the minimum building standards approved by the
California Building Standards Commission as provided in Part 2.5 (commencing with Section 18901) of
Division 13 of the Health and Safety Code, including, but not limited to, a reduction in setback and square
footage requirements and in the ratio of vehicular parking spaces that would otherwise be required that
results in identifiable, financially sufficient, and actual cost reductions;
2. Approval of mixed -use zoning in conjunction with the housing project if commercial, office, industrial, or
other land use will reduce the cost of the housing development and if the commercial, office, industrial,
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or other land uses are compatible with the housing project and the existing or planned development in
the area where the proposed housing project will be located;
3. Density bonus in excess of that provided in Section 17.90.040xxx.xx;
4. Waiver Deferral of application and development review processing fees;
5. Waiver of utility connection or Deferral of park land in-lieu fees or park land dedication requirement; and
6. City funded installation of off-site improvements which may be required for the project, such as streets or
utility lines;
7. Write-down of land costs;
8. Direct subsidy of construction costs or construction financing costs;
9. Other regulatory incentives or concessions proposed by the developer or the cityCity that result in
identifiable, financially sufficient, and actual cost reductions shall also include provisions for assuring
continued availability of designated units at affordable rents or sales prices for a period of not less than
thirty years, or as otherwise required by stateState law.
C. Proposals for approval to convert apartments to a condominium project shall include those relevant items set forth
in Section 17.90.030(B),xxx.xx, plus the requested incentive, an estimate of the incentive’s financial value in
comparison with the financial value of the density bonus as set forth in Section 17.90.050xxx.xx, and the basis for
the comparison estimate. Nothing in this sectionSection shall be construed to require the cityCity to provide cash
transfer payments or other monetary compensation. The cityCity may reduce or waive requirements which the
cityCity might otherwise apply as conditions of conversion approval.
D. Nothing in this sectionSection shall be construed to require the councilCouncil to approve any alternative incentive
or concession. The councilCouncil shall approve the requisite number of incentives or concessions afforded by
this sectionSection. However, the details surrounding the incentives or concessions shall be at the discretion of
the councilCouncil.
E. The councilCouncil action on any alternative incentive proposal shall be by resolution. Any such resolution shall
include findings relating to the information required in subsection B or C of this section. (Ord. 1591 § 20 (part),
2013)Section.
Relationship to Other City Procedures
17.90.070 Relationship to other city procedures.
A. Projects incorporating affordable housing and receiving density bonuses, incentives, or alternative incentives as
provided in this chapter shall receive high priority processing, to the extent allowed by law. Operation of Section
17.90.040 or 17.90.050, or approval of alternative incentives as provided in Section 17.90.060, shall not be
construed as a waiver of standard development review procedures or an exemption of the project from city
development standards other than those explicitly listed in the approving resolution. Should a project fail to receive
any required city approval, the density bonus or alternative incentive granted under this chapter shall be null and
void.
B. Applications of Sections 17.90.040 and 17.90.050 to projects shall be ministerial acts for purposes of
environmental review. Environmental documents need not be filed solely for recordation of agreements concerning
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the density bonus and provision of affordable housing. Normal environmental review procedures shall apply to the
project applications.
C. If the council approves an alternative incentive as provided in Section 17.90.060, such approval shall be subject to
and conditioned upon an environmental determination being made for the project in the usual manner. The
community development department shall outline for the council any probable, significant environmental effects
which would result from the proposed incentive. (Ord. 1591 § 20 (part), 2013)
140.080 – Agreements for Affordable Housing
17.90.080 Agreements for affordable housing.
Prior to the issuance of construction permits for any project incorporating a density bonus or other concession or
incentive as provided in this chapterChapter, the cityCity and the project owner(s) shall enter into an agreement in a
form acceptable to the city attorneyCity Attorney, to be recorded in the office of the countyCounty recorder. The
agreement shall specify mechanisms or procedures to assure the continued affordability and availability of the specified
number of dwelling units to very-low, lower, and moderate income households, and/or qualifying seniors., and/or
qualifying transitional foster youth, disabled veterans, or homeless persons, The agreement shall also set forth those
items required by this Section 17.90.030(B) or any alternative incentives granted pursuant to Section 17.90.060. The
agreement shall run with the land and shall be binding upon all heirs, successors or assigns of the project or property
owner, and shall ensure affordability for athe maximum period of not less than thirty years, or as otherwise
requiredestablished by stateState law. (Ord. 1591 § 20 (part), 2013)
Fees
17.90140.090 – Fees.
A. No fee in addition to normal project application fees shall be charged for a request for a density bonus pursuant to
the provisions of Section 17.90.040xxx.xx or 17.90.050xxx.xx, except for reasonable, necessary administrative
costs incurred by the cityCity pursuant to Section 17.90.050xx.xxx.
B. A fee not to exceed the amount charge for “preapplication concept review” may be charged for proposals submitted
pursuant to the provisions of Section 17.90.060. (Ord. 1591 § 20 (part), 2013)xx.xxx.
17.140.100 – Affordability Standards
17.90.100 Affordability standards.
A. The community development departmentCity shall publish and revise as needed a schedule of rental rates and
sales prices for dwellings which will be affordable to households with incomes as provided in this chapterChapter.
The schedule shall substantially conform with the affordability standards as established by stateState or
federalFederal law.
B. The maximum rental rates and sales prices as revised, generally on an annual basis, shall remain in effect for
projects receiving density bonuses or additional incentives under this chapterChapter as provided in the affordable
housing agreement, but in no case less than the minimum term required by stateState law. (Ord. 1591 § 20 (part),
2013)
17.140.110 – Occupant Qualifications
17.90.110 Occupant screening.
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A. The affordable dwellings developed pursuant to this chapterChapter shall be available to qualified occupants
without regard to race, religion, national origin, sex, occupation or other affiliation. Occupants may be screened on
the basis of age only to qualify those occupants seeking housing designed for the elderly.
B. The cityCity housing authority or other third party acceptable to the community development directorDirector shall
screen prospective occupants so that dwellings developed pursuant to this chapterChapter shall be occupied by
households with the appropriate qualifying incomes, ages, or ages.other qualifying status. Owners of projects shall
enter into agreements with the housing authorityHousing Authority for such screening services.
C. Preference in occupant screening shall be given to those employed within or residing within the cityCity or the
immediately surrounding area, to the extent that this provision does not conflict with stateState or
federallyFederally funded housing assistance programs which may apply to a particular project, or other applicable
law. This sectionSection is to insureensure that those households having the greatest difficulty obtaining housing
at market ratesvalue within the cityCity shall be able to occupy affordable housing made available pursuant to this
chapter. (Ord. 1591 § 20 (part), 2013)Chapter.
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CHAPTER XX17.142: DOWNTOWN HOUSING CONVERSION REGULATIONS
17.142.010 – Purpose and Intent
17.86.010 Purpose and intent.
It is the desire and intent of the cityCity to preserve housing in the central business district and surrounding downtown
planning area.Downtown Planning Area shown in Figure 17.xx.xxx. It is also the intent of the cityCity to preserve
housing that is affordable to very -low-,, low-, and moderate- income households and to encourage mixed residential
and commercial uses, where appropriate, to implement general planGeneral Plan goals. The provisions of this
chapterChapter are intended to achieve these goals by regulating the conversion of downtown housing to
nonresidential uses. (Ord. 1460 § 3 (part), 2004)
Area of Applicability
17.86142.020 Area of application.
Provisions of this chapter shall apply to the downtown planning area shown in Figure 1. (Ord. 1460 § 3 (part), 2004)
– Definitions
17.86.030 Definitions.
Where not defined hereinbelow, terms shall be as defined in the zoning regulations, Article 9 (Definitions) of this Title
17 of the Municipal Code.
A. A. “Downtown Core. That central downtown area of the city zoned “C-D” (.” As shown in Figure 17.xx.xxx:
Downtown Commercial) in the most recently adopted zoning mapPlanning Area and Downtown Core.
B. B. “Conversion..” A change in the primary use of at least fifty-one51 percent of the floor area of a legally permitted
dwelling or building from residential to nonresidential use, or physical change in design of fifty-one51 percent of
an individual dwelling’s or building’s floor area to accommodate nonresidential uses.
C. Development Project. Any public or private action for which a city construction permit or planning approval is
required, including architectural review, use permit, variance, subdivision or other approval.
D. Downtown Planning Area. The central part of the city, generally bounded by Highway 101, the railroad, and High
Street, including the commercial core and surrounding neighborhoods, as shown in Figure 1.
E. “
C. Net Housing Loss..” Where the number of residential units removed through demolition, remodeling, or conversion
to nonresidential uses exceeds the number of dwellings added through new construction, additions, remodeling,
or relocation within the downtown core, or in the area outside the downtown core but within the downtown planning
area. The cumulative number of dwellings added and residential units removed based on cityCity final building
inspections, within each of the above areas, shall be determined separately, and shall be based on the number of
dwellings existing on March 30, 2004, as determined by the directorDirector.
D. F. “Replacement Unit..” A dwelling which is built, moved, or remodeled to replace a residential unit lost through
demolition or remodeling or conversion to nonresidential use.
G. Residential Use. A land use which includes “dwellings,” “boarding/rooming house,” “dormitory,” “residential care
facilities,” “caretakers’ quarters,” “hotel/motel,” “hostel,” “bed and breakfast inn,” “fraternity (or sorority) house,” or
“live-work unit,” as defined by the zoning regulations and listed in Table 9, Chapter 17.22 of the Municipal Code.
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H. Residential Unit. A structure which is on a permanent foundation, with provisions for sleeping and sanitation, and
which is permanently connected to utilities. A residential unit may or may not contain provisions for cooking, and
may be single, detached or in a multiple unit, attached configuration.
E. I. “Subarea..” The geographic are corresponding to either the downtown coreDowntown Core, or the area outside
the downtown coreDowntown Core but within the downtown planning areaDowntown Planning Area, as shown in
Figure 1. (Ord. 1460 § 3 (part), 2004)17.xx.xxx.
Figure 8-1 –: Downtown Planning Area and Downtown Core
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17.142.030 – Land Uses Affected
17.86.040 Land uses affected.
Provisions of this chapterChapter shall apply to properties that contain one or more dwelling units and to all group
housing, including “boarding or rooming houses” or “dormitorieshouse,” “residential care facilities” or “caretakers’,”
“caretaker quarters,” “lodging - hotels and motels” or “hostel” or,” “bed and breakfast inn,” “fraternity (or sorority)
housesand “fraternities and sororities” which have one or more individual rooms for rent, and to “live-work units,” as
defined by the zoning regulationsin Article 9 (Definitions) and listed in Table 9, Chapter 17.22 (Uses Allowed by Zone)
of the Municipal Code. (Ord. 1460 § 3 (part), 2004Article 2 (Zones, Allowable Uses, and Development Standards)
17.142.040 – No Net Housing Loss
17.86.050 No net housing loss.
A. Development projects within the downtown planning areaDowntown Planning Area shall not result in a net housing
loss. If the directorDirector determines that a development project would result in a net housing loss, the developer
shall replace residential units to be removed, whether the units to be removed are occupied or not. Residential
units shall be replaced on a one-for-one basis within the Downtown Planning Area, and shall be built concurrently
with the development project. Replacement units may be of any size, type, or tenure, consistent with zoning
regulationsthis Title 17 and as approved byconsistent with the architectural review commissionministerial or
discretionary requirements of this Title 17 for the directorunits to be built. Replacement units shall be located within
the same subarea as the units removed, but need not be located on the same site as previously existed.
Development projects shall meet the following standards, to the approval of the director:
B. A. Development projects shall meet the following standards, subject to the approval of the Director:
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1. Vacation of Unit. Each tenant shall have the right to remain not lessno fewer than sixty60 days from the date
of cityCity approval of a development project exceptionapplication. The directorDirector or councilCouncil may
grant an extension to this right to remain for a period of time not to exceed an additional thirty30 days.
B. 2. No Increase in Rent. A tenant’s rent shall not be increased during the period provided in subsection
A1 of this sectionSection.
C. 3. Affordability of Units. The development project shall include dwelling units affordable to low and
moderate -income persons, at rents or sales prices that meet the city’sCity’s affordable housing standards.
The number of dwellings to be rented or sold at affordable levels shall equal the maximum number of
affordable dwellings that existed within the twenty-four24-month period immediately prior to the application
for the conversion permit, but in no case less than that required under the inclusionary housing affordable
housing requirement in the general plan housing elementGeneral Plan Housing Element.
D. 4. Tenant Relocation Assistance. For very low-, low-, or moderate-income residents displaced by the
development project, the developer shall provide relocation assistance, subject to the approval of the
directorDirector. Such assistance may include, but is not limited to:, giving tenants the first right of refusal to
purchase or rent affordable replacement units, reimbursement of moving costs, and/or providing rental. (Ord.
1460 § 3 (part), 2004) assistance.
17.142.050 – Exceptions
17.86.060 Exceptions.
A. The city councilCouncil may grant exceptions to the provisions of this chapterChapter, subject to the findings listed
in Section 17.86.07017xx.xxx. In granting an exception, the city councilCouncil may establish conditions to ensure
the intent of general planGeneral Plan policies is met, as described in Section 17.86.080xxx.xx. The application
requirements and procedures for an exception shall be as required for a planning commission use
permitConditional Use Permit, as provided in Chapter 17.58. (Ord. 1460 § 3 (part), 2004)Section 17.xxx.xx.
Public Hearing Required
17.86.090 Public hearing—Notification.
Prior to acting on an exception request, the city council shall hold a public hearing, and notice of the time, date, place
and purpose of the hearing shall be given to the residents of the proposed conversion and to owners and residents
within three hundred feet of the affected property. Said property shall be posted, and an advertisement shall be
published in a newspaper of general circulation, at least ten days before the public hearing. (Ord. 1460 § 3 (part),
2004)
Conditions of Approval
17.86.080 Conditions of approval.
The city council may establish conditions of approval which provide for the general health, safety and welfare of
residents displaced by the proposed development, and to achieve the intent of general plan housing conservation
policies and mitigate the loss of housing. (Ord. 1460 § 3 (part), 2004)
Required Findings
17.86.070 Findings required.
B. To grant an exception, the city councilCity Council must make each of the following findings:
Findings:
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A.
1. Approval of an exception is consistent with the San Luis Obispo general planGeneral Plan and specifically,
with housing elementHousing Element policies regarding no net housing loss, affordable housing, and mixed
uses in the downtown planning areaDowntown Planning Area.
B. 2. Granting the exception will not adversely affect affordable housing opportunities for very low-, low-,
or moderate-income persons, either individually or cumulatively.
C. 3. The proposed project will not result in a significant loss of housing when compared with the total
number of existing dwellings in the downtown core or downtown planning areaDowntown Core or Downtown
Planning Area outside the core.
D. 4. Granting the exception will further the achievement of other community goals, such as removing
substandard or dangerous housing, improving physical accessibility, rehabilitating a historic structure, or
downtown beautification.
E. 5. It is physically infeasible to rehabilitate or relocate the housing to be removed or converted.
F. 6. No public purpose would be served by the strict enforcement of the no net loss policy due to
mitigating factors (include specific mitigating factors). (Ord. 1460 § 3 (part), 2004)
17.142.060 – Public Hearing Required
Prior to acting on an Exception request, the City Council shall hold a public hearing. Notice of the time, date, place,
and purpose of the hearing shall be given to the residents of the proposed conversion and to owners and residents
within 300 feet of the affected property. The affected property shall be posted, and an advertisement shall be published
in a newspaper of general circulation at least 10 days before the public hearing.
17.142.070 – Conditions of Approval
The City Council may establish conditions of approval which provide for the general health, safety, and welfare of
residents displaced by the proposed development, and to achieve the intent of General Plan housing conservation
policies and mitigate the loss of housing.
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CHAPTER XX17.144: RESIDENTIAL GROWTH MANAGEMENT REGULATIONS
17.144.010 – Purpose and Justification
17.88.010 Purpose and justification.
A. The regulations codified in this chapterChapter are intended to assure that the rate of population growth will not
exceed the city’sCity’s ability to assimilateaccommodate new residents and to provide municipal services,
consistent with the maximum growth rates established in the general planGeneral Plan. Also, these regulations
are to assure that those projects which best meet the city’sCity’s objectives for affordable housing, infill
development, open space protection, and provision of public facilities will be allowed to proceed with minimum
delay.
B. San Luis Obispo is a charter city, empowered to make and enforce all laws concerning municipal affairs, subject
only to the limitations of the cityCity charter and the constitution and laws of the stateState. Regulation of the rate
of residential development is a reasonable extension of municipal authority to plan overall development in
furtherance of the public health, safety, and general welfare.
C. According to the general plan land use elementGeneral Plan Land Use Element, the cityCity should achieve a
maximum annual average population growth rate of one percent. The reserve of developable land within the
cityCity and the capacity of proposed annexations could sustain growth rates which would exceed the objectives
of the general planGeneral Plan.
D. The growth rate policies of the general planGeneral Plan reflect the city’sCity’s responsibility to accommodate a
reasonable share of expected stateState and regional growth.
E. To avoid further imbalance between the availability of jobs and of housing within the cityCity, the general
planGeneral Plan also manages expansion of growth-inducing activities. The burdens of growth management are
not being placed solely on the residential sector, since it largely responds to demands caused by other sectors.
F. Considering the likely levels of housing demand and construction throughout the housing market area, nearly
coinciding with San Luis Obispo County, these regulations are not expected to affect the overall balance between
housing supply and demand in the market area. These regulations will not impede and may help meet the needs
of very low-, low--, and moderate- income households. (Ord. 1550 § 1, 2010: Ord. 1459 § 3 (part), 2004: Ord. 1359
§ 3 (part), 1999)
17.144.020 – Allocations
17.88.020 Allocations.
A. Each specific plan
A. Each Specific Plan that authorizes residential development shall adopt a phasing schedule that allocates timing of
potential residential construction, including phasing of required improvements, consistent with the general
planGeneral Plan and with these regulations.
B. The limitations on residential development established by these regulations apply to new residential construction
within certain areas that have been annexed to the cityCity or that will be annexed to the cityCity. Development in
such areas is subject to development plans or specific plansSpecific Plans which shall contain provisions
consistent with these regulations.
C. Allocations shall be implemented by the timing of issuance of building permits.
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D. Dwellings affordable and enforceably restricted to residents with extremely low, very low, low, or moderate
incomes, as defined in the city’s general plan housing element, andCity’s General Plan Housing Element, new
dwellings in the downtown core (C-D zone as shown inon the most official zoning map)), and legally established
Accessory Dwelling Units shall be exempt from these regulations. Enforceably restricted shall mean dwellings that
are subject to deed restrictions, development agreements, or other legal mechanisms acceptable to the cityCity to
ensure long-term affordability, consistent with cityCity affordable housing standards. In expansion areas, the
overall number of units built must conform to the cityCity-approved phasing plan.
E. It shall not be necessary to have dwellings allocated for a particular time interval or location to process and approve
applications for general plan amendment, zone change or other zoning approval, subdivision, or architectural
review. (Ord. 1550 § 2, 2010: Ord. 1459 § 3 (part), 2004: Ord. 1359 § 3 (part), 1999)General Plan Amendment,
Zoning Regulations Amendment, or other zoning action, Subdivision application, or Architectural Review.
17.144.030 – Periodic City Council Review and Consideration of Revisions
17.88.030 Periodic city council review and consideration of revisions.
A.
The community development departmentCommunity Development Department shall provide status updates to the city
councilCouncil concerning implementation of these regulations, coordinated with the annual report on the general
planGeneral Plan. The status update will describe actual construction levels and suggest if revisions are necessary to
maintain the city’sCity’s one percent growth rate.
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CHAPTER
B. Repealed by Ord. 1550.
C. Repealed by Ord. 1550.
D. Repealed by Ord. 1550.
E. Repealed by Ord. 1550. (Ord. 1550 § 4, 2010; Ord. 1459 § 3 (part), 2004: Ord. 1359 § 3 (part), 1999. Formerly
17.88.040)
Interim Urgency Regulations
Chapter 17.20 (MIG note: This section may be adjusted to ensure compliance with federal fair housing laws.)
146. RESIDENTIAL OCCUPANCY STANDARDS*
Sections:
17.20.010 Group housing—Permitted upon approval of use permit.
17.20.020 Group housing—Occupancy limits.
*Ord. 1265 § 2 Ex. A, adopted June 21, 1994, amended former Chapter 17.20 §§ 17.20.010 — 17.20.020, pertaining
to similar subject matter, in its entirety to read as herein set out. The provisions of former Chapter 17.20 derived from
Ord. 1102 § 1 Ex. A (13), 1987; Ord. 941 § 1 (part), 1982; and prior code § 9202.6 (A) — (H).
17.20.010 Group housing—Permitted upon approval of use permit.
Group housing (such as dormitory, rest home, boardinghouse or fraternity) which is
17.146.010 – Purpose and Applicability
A. Applicability. The provisions in this Section shall apply to boarding houses as defined in Article 9 (Definitions)
and where permitted in Article 2 (Zones, Allowable Uses, and Development and Design Standards), and as may
otherwise be regulated by State law. The purpose of this Chapter is to regulate boarding houses in the City.
Residential care facilities or day cares as defined in Article 9 (Definitions) are exempt from the provisions of this
Section.
B. Permit Required. Boarding houses occupied by six or more individuals may be permitted upon approval of
whatever type of use permit is required by the zone district provisions. (Ord. 1265 § 2 Ex. A, 1994) in Article 2
(Zones, Allowable Uses, and Development and Design Standards).
C.
17.20.020 Group housing— Occupancy limits.
Limits. Use permits for group housingboarding houses shall stipulate a maximum occupancy. For purposes of this
section, residential care facilities will not be considered “group housing.” The occupancy limits shall reflect
habitable space within buildings and available parking and shall not exceed the following standards based on the
general planGeneral Plan:
TABLE 8
MAXIMUM POPULATION DENSITY
FOR EACH ZONE
Table-8-8. Maximum Population Density for Each Zone
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Zone
Maximum Population Density
(persons per net acre)
R-1 2120
R-2, O, C-N, C-T 25
R-3 40
R-4, C-R, C-C, C-D 55
(Ord. 1500 § 3 (part), 2007; Ord. 1437 § 1 (part), 2003; Ord. 1265 § 2 Ex. A, 1994)
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CHAPTER 17.70.060 Other requirements.
Procedures for prezoning and adoption of urgency interim regulations shall be as provided in the California
Government Code. Requirements for the scheduling of zoning hearings in relation to general plan amendments,
reports from the planning commission to the council upon referral, and all other matters not prescribed in greater
detail in these regulations shall be as provided in the Government Code. (Ord. 941 § 1 (part), 1982: prior code §
9204.7(F))
Chapter 17.93
148. HIGH-OCCUPANCY RESIDENTIAL USE REGULATIONS
(MIG note: This section may be adjusted to ensure compliance with federal fair housing laws.)
Sections:
17.93148.010 – Purpose and Applicability.
17.93.020 Definitions.
17.93.030 General requirements.
17.93.040 Performance standards.
17.93.050 Administration.
17.93.060 Periodic review, violations and enforcement.
17.93.010 Purpose.
This chapter
Applicability. The provisions in this Section shall apply to “high occupancy residential use,” as defined in Article 9
(Definitions) and where permitted in Article 2 (Zones, Allowable Uses, and Development and Design Standards).
This Chapter is intended to promote the quality of life in low-density and medium-density residential neighborhoods
by ensuring that dwellings provide adequate support facilities. (Ord. 1154 § 1 (part), 1990)
17.93.020 Definitions.
A. “Adult” means a person eighteen years of age and older.
B. “High-occupancy residential use” means any dwelling, other than a “residential care facility” as defined in Section
17.100.180, in the R-1 or R-2 zones when the occupancy of the dwelling consists of six or more adults.
C. “Tandem parking” means the arrangement of parking where no more than two cars are arranged in tandem, one in
front of the other. (Ord. 1154 § 1 (part), 1990)
17.93.030 General requirements.
A. A. Applicability. A high-occupancy residential use is allowed in the R-1 and R-2 zones subject to the performance
standards set forth in Section 17.93.040.xx.xxx.
B. B. RelationRelationship to Zone Standards. Where this chapterChapter does not contain a particular type of
standard or procedure, conventional zoning standards shall apply.
C. C. ExceptionsDirector’s Actions or Variances. Nothing in this sectionSection prohibits applicants from
requesting exceptionsa Director’s Action or variancesVariance from the strict interpretation of zoning
regulationsthese Zoning Regulations to the extent allowed by said regulations for any use. (Ord. 1154 § 1 (part),
1990)
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17.148.020 – Permit Requirements
In addition to any requirements of the Conditional Use Permit, an applicant for a High Occupancy Residential Use shall
submit and certify the following information as part of the application:
A. Address of dwelling;
B. A site plan which shows:
1. The entire boundary of the site as well as adjacent structures within 20 feet;
2. The number and location of off-street parking spaces;
3. The gross floor area of the dwelling in square feet;
4. The floor plan for the dwelling with the rooms clearly labeled;
C. The number of proposed adult occupants;
D. Owner’s signature; and
E. 93.040 Any other information deemed necessary by the Director.
17.148.030 – Performance standards.Standards
A. Upon approval of an administrative use permit, as defined by Chapter 17.58, a
A. A high-occupancy residential use may be established with occupancy of six or more adults. The purpose of the
use permit is to ensure shall operate in compliance with the following performance standards described in this
section, and to ensure the compatibility of the use at particular locations.
1. The dwelling must contain a minimum three hundred square feet of gross floor area, less garage area,
per adult.
2. The parking requirement shall be the greater of:
a.
a. The number of spaces required for dwellings as described in Section 17.16.060xxx.xx; or
b.
b. One off-street parking space per adult occupant, less one.
3. The parking of one vehicle within a required street yard or setback is allowed. Parking in other yards is
prohibited.
4. Each required parking space shall be of an all-weather surface.
5. Upon approval of the community development directorDirector, parking may be provided in tandem.
6. There shall be a minimum of one bathroom provided for every three adult occupants.
7. The dwelling must meet all current building, health, safety, and fire codes and have been built withpursuant
to all required permits. (Ord. 1154 § 1 (part), 1990)
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17.93.050 Administration.
A. Permit Requirement. For high-occupancy residential uses with six or more adult occupants, the applicant shall
apply for and obtain an administrative use permit as defined by zoning regulations. The applicant shall submit and
certify the following information as part of the application for an administrative use permit:
A. 1. Address of dwelling;
A. 2. A site plan which shows:
a. The entire boundary of the site as well as adjacent structures within twenty feet;
b. The number and location of off-street parking spaces;
c. The gross floor area of the dwelling in square feet;
d. The floor plan for the dwelling with the rooms clearly labeled;
3. The number of proposed adult occupants;
4. Owner’s signature;
5. Any other information deemed necessary by the community development director. (Ord. 1154 § 1 (part),
1990)
17.93.060 Periodic review, violations and enforcement.
A. Period Review. High-occupancy residential uses shall be reviewed annually to ensure compliance with the
provisions of this chapter. The use permit shall be reviewed annually for compliance with this chapter. It shall be
the responsibility of the property owner to initiate the review and pay applicable fees.
B. Violations. Violation of any of the provisions of this chapter shall be the basis for enforcement action by the city
which may include revocation of a previously approved use permit. (Ord. 1154 § 1 (part), 1990)
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ARTICLE 9: DEFINITIONS
CHAPTER 17.154: DEFINITIONS PURPOSE AND ORGANIZATION
17.154.002 – Purpose and Applicability
This xxx:Article provides definitions of the technical and other terms and phrases used in Title 17 (Zoning Regulations)
as a means of providing consistency in its interpretation. Where any definition in this Article may conflict with definitions
in other titles of the Municipal Code, these definitions shall prevail for the purposes of this Code, except for as specified
in Section 17.090.010.C (Other Definition Sections). If a word is not defined in this Chapter or in other provisions of the
Municipal Code, the most common dictionary definition is presumed to be correct.
A
17.100.010 154.004 – Organization
This Article is subdivided into the following Chapters.
A. Chapter 9.02 (Land Use Definitions, “A.”) applies to land uses and activities identified in Table 9 (Uses Allowed by
Zone) of Section 17.10.020 (Use Regulations) and Table 10 (Airport Overlay Zone – Maximum Allowed Persons)
of Section 17.64.030 (Allowed Uses).
B. Chapter 9.04 (General Definitions) applies to all other terms used in Title 17.
17.154.006 – Other Definition Sections
In addition to the definitions provided in this Chapter, definitions are contained in the following sections of Title 17.
Where any definition of this subsection may conflict with definitions in other titles of the Municipal Code, these definitions
shall prevail.
A. Section 17.08.xxx (Adult Business Uses)
B. Section 17.xx (Water-Efficient Landscape Standards)
C. Section 17.xx (Affordable Housing Incentives)
D. Section 17.xx (Cannabis)
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CHAPTER 17.156: LAND USE DEFINITIONS (TABLE 9 AND 10 USES)
17.156.002 – Purpose and Applicability
This Chapter provides definitions of the Land Uses and Activities identified in Table 9 (Uses Allowed by Zone) of Section
17.010.10 (Use Regulations) and Table 10 (Airport Overlay Zone – Maximum Allowed Persons) of Section 17.64.030
(Allowed Uses).
17.“Accessory” means clearly subordinate or incidental and directly related to a permitted use or structure. “Accessory
use” includes active or passive solar heating systems and cogeneration facilities.
“Accessory structures” are located upon the same site as the structure or use to which they are accessory. Accessory
structures may consist of detached structures or additions to primary structures. The use of an accessory structure is
incidental and subordinate to the use of the principal structure, or to the principal land use of the site. “Accessory
structures” that include habitable space, as defined by the California Building Code, shall be no larger than four
hundred fifty square feet. Accessory structures shall comply with the requirements of Section 17.21.030.
“Airport” means an156.004 – A Definitions
Accessory Dwelling Unit (ADU). An attached or detached dwelling unit that provides complete independent living
facilities for one or more persons and is located on a lot with another primary, single-unit dwelling. An ADU includes
permanent provisions for living, sleeping, eating, cooking and sanitation on the same lot as the primary unit. An ADU
may be structured as one efficiency unit, as defined in of the Health and Safety Code Section 17958.1, and/or (2) a
manufactured home, as defined in of the Health and Safety Code Section 18007, among other formats.
Accessory Dwelling Unit, Attached. An ADU that is either attached to (by a minimum of one shared wall), or
completely contained within, the primary existing space of the single-unit dwelling unit or existing accessory
structure.
Accessory Dwelling Unit, Detached. An ADU that provides new residential square footage not attached or
sharing any walls with the primary existing single-unit dwelling.
Accessory Use. See “Use, Accessory.”
Adult Entertainment Businesses. See Section 17.08.xxx (Adult Business Uses).
Agricultural Accessory Structure. Incidental and accessory structures and uses located on the same site with a
permitted agricultural use including farm offices, barns, stables, coops, tank houses, storage tanks, wind machines,
windmills, silos and other farm outbuildings, private garages and carports, storehouses, garden structures, greenhouses,
recreation rooms, private swimming pools, and tennis courts for the use of the persons residing on the site.
Airport. An area approved by the Federal Aviation Administration (FAA) for the take-off and landing of aircraft,
includingwhich may include appurtenant areas for airport buildings, aircraft operations, and related facilities, aprons and
taxiways, control towers, hangars, safety lights, navigation, and air traffic control facilities and structures. These may
also include facilities for aircraft manufacturing, maintenance, repair, and reconditioning. Where approved, an airport
may also include aircraft sales and dealerships, car rental establishments, gift shops, hotels and motels, personal
services, restaurants and bars, tobacco and newsstands, and other similar commercial uses serving the air-traveling
public and airport employees.
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Animal Care, Sales and Services.
Animal Boarding/Kennels. The commercial provision of shelter and care for dogs, cats, other household
animals, and horses (where allowed), including activities associated with such shelter and care (e.g., feeding,
exercising, grooming, and incidental medical care)of four or more dogs four months of age or older, or four or
more cats, except for dogs or cats in pet shops.
Animal Grooming. The commercial provision of bathing and trimming services for dogs, cats, and other
household animals permitted by the Municipal Code. Overnight boarding is not included with this use (see
“Animal Boarding/Kennels”).
Animal Retail Sales. The retail sales of household animals within an entirely enclosed building. These uses
include grooming, if incidental to the retail use, but specifically excludes boarding of animals other than those
for sale (see “Animal Boarding/Kennels”).
Veterinary Services, Large Animal. Veterinary services for livestock, farm animals, and other large animals.
This classification allows 24-hour accommodation of animals receiving medical services.
Veterinary Services, Small Animal. Veterinary services for household pets. This classification allows 24-hour
accommodation of animals receiving medical services, but does not include kenneling of animals not receiving
medical services (see “Animal Boarding/Kennels”).
Animal Husbandry and Grazing. Raising and breeding of animals or production of animal products. Typical uses
include grazing, ranching, dairy farming, poultry farming, beekeeping, and enclosed fisheries, but excludes
slaughterhouses and feedlot operations. Does not include animal sales, boarding, and grooming (see “Animal Care,
Sales and Services”).
Auto Repair. See “Vehicle Repair and Service.”
Auto Sales and Rental. See “Vehicle Repair and Service.”
17.156.006 – B Definitions
Backlots and Soundstages. See “Media Production – Backlots and Soundstages.”
Banks and Financial Institutions.
Automated teller machines (ATMs). An unstaffed computerized, self-service machine used by banking
customers for financial transactions, including deposits, withdrawals, and fund transfers. These machines may
be located at or within banks, or in other locations.
Banks and Credit Unions. Financial institutions providing retail banking services. This classification includes
only those institutions engaged in the on-site circulation of money, including credit unions, but does not include
“Check Cashing Shops/Payday Loans.”
Check Cashing Shops/Payday Loans. A commercial land use that generally includes some or all of a variety
of financial services, including cashing of checks, warrants, drafts, money orders, or other commercial paper
serving the same purpose; deferred deposit of personal checks whereby the check casher refrains from
depositing a personal check written by a customer until a specific date pursuant to a written agreement; money
transfers; payday advances; issuance of money orders; making consumer or auto-title loans; and similar uses.
This category does not include State or Federally chartered banks, savings associations, credit unions, or
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industrial loan companies. It also does not include retail sellers that are primarily engaged in the business of
selling consumer goods, such as consumables to retail buyers, and that cashes checks or issues money orders
as a service to its customers (for a fee not exceeding two dollars) incidental to their main purpose or business.
Bar. See “Eating and Drinking Establishments – Bars, Live Entertainment, and Taverns.”
Bed and Breakfast Establishment. See “Lodging – Bed and Breakfast Establishment.”
Boarding House. A boarding house is a residence or dwelling, other than a motel or hotel, wherein two or more rooms,
with or without individual or group cooking facilities, are rented to three or more individuals under separate rental
agreements or leases, either written or oral, whether or not an owner, agent or rental manager is in the residence. Meals
may also be included. This use type includes convents, monasteries, and student dormitories, but does not include
“Fraternities and Sororities,” which are separately defined, nor does it include a fraternity or sorority that is not in good
standing with the California Polytechnic University. Notwithstanding this definition, no single-unit dwelling operated as a
group home pursuant to the Community Care Facilities Act, which is otherwise exempt from local zoning regulations,
shall be considered a boarding house.
Broadcast Studios. See “Media Production – Broadcast Studios.”
Building Materials Sales and Services. See “Retail Sales – Building Materials and Services.”
Business Services. Establishments providing goods and services to other businesses on a fee or contract basis,
including printing and copying, blueprint services, advertising and mailing, equipment rental and leasing, office security,
custodial services, photo finishing, model building, taxi, or delivery services with two or fewer fleet vehicles on site.
17.156.008 – C Definitions
Cannabis Commercial Activity. See Chapter 17.XX (Cannabis).
Car Wash. See “Vehicle Sales and Services – Vehicle Services, Washing.”
Caretaker Quarters. “Caretaker dwelling” means a permanent residence that is secondary or accessory to the primary
use of the property, and used for housing a caretaker employed on the site of any nonresidential use where needed for
security purposes or to provide 24-hour care or monitoring of people, plants, animals, equipment, or other conditions on
the site.
Cemetery. Establishments primarily engaged in operating sites or structures reserved for the interment of human or
animal remains, including mausoleums, burial places, and memorial gardens.
Check Cashing Shops. See “Banks and Financial Institutions – Check Cashing Shops/Payday Loans.”
Commercial Mining. See “Mineral Extraction.”
Commercial Recreation. Recreational facilities where visitors are participant actors rather than spectators. Examples
include outdoor facilities such as amusement and theme parks, water parks, swimming pools; driving ranges, golf
courses, miniature golf courses, riding stables; and indoor facilities such as large fitness centers, gymnasiums, handball,
badminton, racquetball, dance hall and tennis club facilities; ice or roller skating rinks; trampoline and bounce house
establishments; bowling alleys; pool and billiards lounges; and electronic game and amusement centers. This
classification may include snack bars and other incidental food and beverage services to patrons. Bars or restaurants
with alcohol sales shall be treated as a separate use and shall be regulated accordingly, even when operated in
conjunction with the entertainment and recreation use.
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Commercial Recreation, Large-Scale. Larger recreational facilities (greater than 20,000 square feet).
Commercial Recreation, Small-Scale. Smaller and primarily indoor (although some facilities may be outdoor)
facilities that are less than 20,000 square feet.
Continuing Care Community. A residential facility that combines independent living, assisted living, skilled nursing,
memory care) on one development site.
Community Garden. A site used for growing plants for food, fiber, herbs, flowers, and others which is shared and
maintained by community residents, either as an accessory or principal use
Convenience Store. See “Food and Beverage Sales – Convenience Store.”
Crop Production. Commercial agricultural production field and orchard uses, including the production of the following
or similar, primarily in the soil on the site and not in containers: field crops; flowers and seeds; fruits; grains; ornamental
crops; tree nuts; trees and sod; vegetables; wine and table grapes. Also includes associated crop preparation services
and harvesting activities, such as mechanical soil preparation, irrigation system construction, spraying, and crop
processing, not including sales sheds (see “Food and Beverage Sales – Produce Stand”). Does not include greenhouses
or containerized crop production (See “Greenhouse/Plant Nursery, Commercial”). Does not include noncommercial
home gardening, which is considered an accessory use to an allowed residential use. Does not include cannabis,
which is addressed separately.
Cultural Institutions. A nonprofit institution displaying or preserving objects of interest in one or more of the arts or
sciences. This use includes libraries, museums, and art galleries. May also include accessory retail uses such as a
gift/book shop, restaurant, etc.
17.156.010 – D Definitions
Day Care Centers. Establishments providing non-medical care for persons on a less than 24-hour basis other than
“Family Day Care.” This classification includes nursery schools, preschools, and day care facilities for children or adults,
and any other day care facility licensed by the State.
Drive-Through or Drive-Up Facilities. An establishment that sells products or provides services to occupants in
vehicles, including drive-in or drive-up windows and drive-through services. Examples include fast food restaurants,
banks, and pharmacies. Does not include “click and collect” facilities in which an online order is picked up in a stationary
retail business without use of a drive-in service (see “Retail Sales – General Retail”). Does not include drive-in theaters
or “Vehicle Services - Washing.”
17.156.012 – E Definitions
Eating and Drinking Establishments. Businesses primarily engaged in serving prepared food and/or beverages for
consumption on or off the premises.
Bars, Live Entertainment, and Taverns. Any establishment that sells or serves alcoholic beverages for
consumption on the premises and is holding or applying for a public premise license from the State Department
of Alcoholic Beverages and in which persons under 21 years of age are restricted from the premises.
References to the establishment shall include any immediately adjacent area that is owned, leased, or rented,
or controlled by the licensee. This use includes wine tasting rooms and micro-breweries where alcoholic
beverages are sold and consumed on-site and any food service is subordinate to the sale of alcoholic
beverages. Does not include adult entertainment businesses.
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Restaurant. Establishments where food and beverages may be consumed on the premises, taken out, or
delivered.
Restaurant with late-hour alcohol service. A restaurant that provides alcohol service after 11:00 PM.
Educational Conferences Housing. Student housing complexes normally occupied for part of the year by university
students used during their vacant periods for educational conferences.
Elderly and Long-Term Care. Establishments that provide 24-hour medical, convalescent, or chronic care to individuals
who, by reason of advanced age, chronic illness, or infirmity, are unable to care for themselves, and is licensed as a
skilled nursing facility by the State, including but not limited to rest homes and convalescent hospitals. Does not include
“Residential Care Facilities,” “Hospitals,” or “Clinics.”
Extended Hour Retail. See “Retail Sales, Extended Hour Retail”.
17.156.014 – F Definitions
Family Day Care. A day-care facility licensed by the State that is located in a single-unit residence or other dwelling
unit where a resident of the dwelling provides care and supervision for children under the age of 18 for periods of fewer
than 24 hours a day.
Small. A facility that provides care for eight or fewer children, including children who reside at the home and
are under the age of 10. See Health and Safety Code Section 1596.78.
Large. A facility that provides care for nine to 14 children, including children who reside at the home and are
under the age of 10. See Health and Safety Code Section 1596.78.
Farm and Feed Stores. See “Nurseries and Garden Centers.”
Food and Beverage Sales. Retail sales of food and beverages for off-site preparation and consumption.
General Market. Retail food markets of food and grocery items for off-site preparation and consumption.
Typical uses include supermarkets, neighborhood grocery stores, and specialty food stores, such as retail
bakeries; candy, nuts, and confectionary stores; meat or produce markets; vitamin and health food stores;
cheese stores; and delicatessens. This classification may include small-scale specialty food production such
as pasta shops with retail sales.
Convenience Store. A retail establishment with not more than 4,500 square feet of gross floor area, offering
for-sale prepackaged food products, household items, newspapers and magazines, and sandwiches and other
freshly prepared foods, such as salads, for off-site consumption. Sale of alcoholic beverages is limited to beer
and wine only in conjunction with an ABC License Type 20.
Produce Stand. A temporary facility for selling seasonal goods such as fruits, vegetables and plants.
Liquor Store. Any business selling alcoholic beverages as a primary use, including beer, wine, distilled spirits,
hard liquor, and/or any other alcoholic beverages. Does not include grocery stores, convenience stores,
warehouse stores, or other alcohol sales authorized as part of an off-site wine tasting room or food and
beverage product manufacturing.
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Food Preparation. Businesses preparing and/or packaging food for off-site consumption, excluding those of an
industrial character in terms of processes employed, waste produced, water used, and traffic generation. Typical uses
include catering kitchens, bakeries with on-site retail sales, and small-scale specialty food production. Food Preparation
may also be considered accessory to allowed restaurant uses.
Food Trucks. Any self-propelled, motorized device or vehicle by which any person or property may be propelled or
moved upon a highway or street, excepting a device moved exclusively by human power, or which may be drawn or
towed by a self-propelled, motorized vehicle, from which food or food products are sold, offered for sale, displayed,
bartered, exchanged, or otherwise given.
Fraternities and Sororities. Residence for college or university students who are members of a social or educational
association that is affiliated and in good standing with the California Polytechnic State University and where such an
association also holds meetings or gatherings.
Freight/Truck Terminals. Transportation facilities furnishing services incidental to freight, courier, and postal services
by truck, airplane, or rail. This classification does not include local messenger and local delivery services (see “Light
Fleet-Based Services”).
Fuel Dealer. A retail trade establishment that sells fuel oil, butane, propane, and liquefied petroleum gas (LPG), bottled
or in bulk, to consumers, as the primary use of the site. Does not include the sale of these fuels as an accessory use to
a service/fueling station or other retail establishment.
Funeral Parlors and Internment Services. An establishment primarily engaged in the provision of services involving
the care, preparation, or disposition of human remains and conducting memorial services. Typical uses include
crematories, columbaria, mausoleums, mortuaries, funeral chapels, and funeral homes.
17.156.016 – G Definitions
General Retail. See “Retail Sales, General Retail.”
Greenhouse/Plant Nursery, Commercial. A commercial agricultural establishment engaged in the production of
ornamental plants and other nursery products, grown under cover either in containers or in the soil on the site, or
outdoors in containers. The outdoor production of plants in the soil on the site is instead included under “crop production.”
Also includes establishments engaged in the sale of these products (wholesale) and commercial-scale greenhouses.
Does not include noncommercial home gardening in greenhouses and “Nurseries and Garden Centers”.
Grocery Store. See “Food and Beverage Sales, General Market.”
17.156.018 – H Definitions
Handicraft Manufacturing. Establishments primarily engaged in on-site production of goods by hand manufacturing or
artistic endeavor, which involves only the use of hand tools or small mechanical equipment. Handicraft Manufacturing
uses shall include the accessory direct retail sale to consumers of only those goods produced on site. Typical uses
include ceramic studios, candle making shops, woodworking, and custom jewelry manufacturers. For handicraft
manufacturing uses without a retail component, see “Manufacturing - Light.” For retail uses with an accessory
manufacturing component, see “Retail Sales – General Retail.”
Heliport/Helipad. Any landing area used for landing or taking off private helicopters for the purpose of picking up and
discharging of passengers or cargo.
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High-occupancy residential use. Any dwelling in the R-1 or R-2 zones when the occupancy of the dwelling consists
of six or more persons over the age of 18. Does not include “Residential Care Facilities.”
High occupancy residential use. Any dwelling in the R-1 or R-2 zones when the occupancy of the dwelling consists
of six or more adults.
Home Occupation. A commercial use conducted on residential property by the inhabitants of the subject residence,
which is incidental and secondary to the residential use of the property.
Homeless Shelters. See “Lodging – Homeless Shelters.”
Homestay Rentals. An owner-occupied dwelling unit where bedrooms are provided for compensation for fewer than 30
consecutive days with a maximum of four adult overnight guests.
“Hospice In-Patient Facility. Residential facility licensed or supervised by any Federal, State, or local health/welfare
agency that provide 24-hour medical and/or nonmedical services for patients under the care of a licensed Medicare
certified hospice agency.
Hospitals and Clinics. State-licensed facilities providing medical, surgical, psychiatric, or emergency medical services
to sick or injured persons. This classification includes facilities for inpatient or outpatient treatment, including substance-
abuse programs as well as training, research, and administrative services for patients and employees. This classification
excludes veterinaries and animal hospitals (see “Animal Care, Sales, and Services”).
Clinic. A facility providing medical, psychiatric, or surgical service for sick or injured persons exclusively on an
out-patient basis, including emergency treatment, diagnostic services, administration, and related services to
patients who are not lodged overnight. Services may be available without a prior appointment. This
classification includes licensed facilities such as blood banks and plasma centers, and emergency medical
services offered exclusively on an outpatient basis such as urgent care centers. This classification does not
include private medical and dental offices that typically require appointments and are usually smaller scale,
see “Medical and Dental Offices.”
Hospital. A facility providing medical, psychiatric, or surgical services for sick or injured persons primarily on
an in-patient basis, and including ancillary facilities for outpatient and emergency treatment, diagnostic
services, training, research, administration, and services to patients, employees, or visitors.
Hotels and Motels. See “Lodging – Hotels and Motels.”
17.156.020 – I Definitions
Instructional Services. Commercial establishments that offer specialized programs in personal growth and
development served provided on an individual or group setting. Typical uses include classes or instruction in music,
fitness, art, or academics. Instructional Services also include rehearsal studios as an accessory use.
17.156.022 – J Definitions
Reserved.
17.156.024 – K Definitions
Reserved.
17.156.026 – L Definitions
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Laboratory – Medical, Analytical, Research, Testing. A facility for testing, analysis, and/or research. Examples of
this use include medical labs, soils and materials testing labs, and forensic labs. “Ambient entertainment” means
acoustic or recorded music, or live readings of books or poetry, which is clearly incidental, that allows for normal
conversation levels, and for which no cover fee or ticket is required.
“Ambulance, taxi, or limousine dispatch facility” means a base facility from which taxis and limousines are dispatched,
and/or where ambulance vehicles and crews stand by for emergency calls.This type of facility is distinguished from
industrial research and development (see “Research and Development”) in its orientation more toward testing and
analysis than product development or prototyping; an industrial research and development facility may typically include
this type of lab. The “medical lab” subset of this land use type is oriented more toward specimen analysis and processing
than direct blood drawing and specimen collection from patients (see “Hospitals” and “Clinics”), but may also include
incidental specimen collection.
Light Fleet-Based Services. Passenger transportation services, local delivery services, medical transport, and other
businesses that rely on fleets of three or more vehicles with rated capacities less than 10,000 pounds. This classification
includes parking, dispatching, and offices for taxicab and limousine operations, ambulance services, non-emergency
medical transport, local messenger and document delivery services, home cleaning services, and similar businesses.
This classification does not include towing operations or taxi or delivery services with two or fewer fleet vehicles on-site
(see “Business Services”). Does not include a dispatch office facility on a site separate from the location where the
vehicles used by the business are parked or stored between calls, which is instead included under the definition of
“office – production or administration.” (see “Office – Business and Professional”).
Liquor Stores. See “Food and Beverage Sales – Liquor Stores.”
Livestock Feed Lot. A type of animal feeding operation which is used in intensive animal farming for finishing livestock,
notably beef cattle, but also swine, horses, sheep, turkeys, chickens or ducks, prior to slaughter.
Lodging. An establishment providing overnight accommodations to transient patrons for payment for periods of fewer
than 30 consecutive calendar days.
Bed and Breakfast Establishment. A building or group of buildings providing 15 or fewer bedrooms or suites
that are rented for overnight lodging, with a common eating area for guests. Does not include room rental,
which is separately defined (see “Boarding House”).
Homeless Shelter. A church, public building, or quasi-public facility that provides emergency or temporary
shelter for more than 31 days in any six-month period to homeless individuals and/or groups. These
accommodations may include temporary lodging, meals, laundry facilities, bathing, counseling, and other basic
support services.
“Antenna/telecommunications facility” means public, commercial and private electromagnetic and photoelectrical
transmission, broadcast, repeater and receiving stations for radio, television, telegraph, telephone, data network, and
wireless communications, including commercial earth stations for satellite-based communications. Includes antennas,
commercial satellite dish antennas, and equipment buildings. Does not include telephone, telegraph and cable
television transmission facilities utilizing hard-wired or direct cable connections.
“Arbors” and “trellises” are ornamental landscape featuresHostels. An establishment with guest rooms or
suites that may be private or common which are rented to the general public for overnight lodging to transient
patrons. Hostels cater primarily, but not exclusively, to travelers who arrive by bicycle, train, or other
nonautomotive vehicles, and are generally an inexpensive form of lodging.
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Hotels and Motels. An establishment with a group of guest rooms or suites, with or without kitchen facilities,
rented to the general public for overnight lodging to transient patrons. These establishments may provide
additional services, such as conference and meeting rooms, restaurants, bars, personal services, retail
services, or recreational facilities available to guests or to the general public. This use classification does not
include boarding or rooming housings (see “Boarding Houses”) or bed and breakfasts (see “Bed and Breakfast
Establishment”), or hostels (see “Hostels”) which are separately defined and regulated. Any single hotel room
that is not part of a group of hotel rooms is considered a “Vacation Rental.”
Recreational Vehicle (RV) Park. A form of lodging designed to display specifically accommodate travelers
with and temporary overnight parking for recreational vehicles (RV) and/or trailers as a primary use of the
property.
17.156.028 – M Definitions
Maintenance and Repair Services. Establishments engaged in the maintenance or repair of office machines,
household appliances, furniture, and similar items. This classification excludes maintenance and repair of vehicles or
boats (see “Vehicle Sales and Services”) and personal apparel (see “Personal Services").
Manufacturing - Heavy. Manufacturing of products from extracted or raw materials or recycled or secondary materials,
or bulk storage and handling of such products and materials. This classification includes operations such as biomass
energy conversion; textile mills; leather and allied product manufacturing; wood product manufacturing; paper
manufacturing; chemical manufacturing; plastics and rubber products manufacturing; nonmetallic mineral product
manufacturing (such as sand, gravel, or clay into products for intermediate or final consumption); primary metal
manufacturing; fabricated metal product manufacturing; petroleum refining and related industries; and automotive, ship,
aircraft, and heavy equipment manufacturing. Includes accessory office uses associated with the on-site use. This
classification does not include recycling (see “Recycling”) or the processing of animals.
Manufacturing - Light. A use engaged in the manufacture, predominately from previously prepared materials, of
finished products or parts, including processing, fabrication, assembly, and treatment packaging, taking place primarily
within enclosed buildings and producing minimal impacts on nearby properties. Includes accessory wholesale and/or
direct retail sale to consumers of only those goods produced on-site. Includes accessory office uses associated with the
on-site use. Examples of light industrial uses include but are not limited to the manufacture of electronic instruments,
equipment, and appliances; brewery and alcohol production, pharmaceutical manufacturing; and production apparel
manufacturing.
Market, General. “See Food and Beverage Sales – General Market.”
Media Production. Fixed-base facilities for motion picture, television, video, sound, computer, and other
communications production. These facilities include the following types:
Backlots and Soundstages. Outdoor sets, backlots, and other outdoor facilities and warehouse-type facilities
providing space for the construction and use of indoor sets, including supporting workshops and craft shops.
Broadcast Studios. Workplaces where movies, television shows or radio programs are produced and
recorded, including administrative and technical production, administrative and production support offices,
post-production facilities (editing and sound recording studios, foley stages, etc.), optical and special effects
units, film processing laboratories, etc.
support landscape plantings. TheyMedical Office. “See Office – Medical and Dental Offices.”
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Mineral Extraction. The commercial surface mining or quarrying operations for aggregates (sand and gravel) or other
surface or subsurface minerals and materials from the earth.
Mixed-Use Development. A development that combines both nonresidential and residential uses, where the residential
component is typically consist of an open, lattice-work located above or behind the commercial. (See also Section 17.XX:
Mixed-Use Development.)
Mobile Home Park. A parcel of land under one or more ownerships that has been planned and improved for the
placement of two or more mobile homes, as the term “mobile home” is defined in Civil Code Section 798.3 or successor
provision of the State Mobile home Residency Law, for nontransient use.
Multi-Unit Dwellings. Two or more dwelling units attached or detached on a site or lot, which does not include an
Accessory Dwelling Unit. Types of multiple unit dwellings include a duplex, townhouses, common interest subdivisions,
garden apartments, senior housing developments, and multistory apartment buildings. Multi-unit dwellings may also be
combined with non-residential uses as part of a Mixed-Use Development.
17.156.030 – N Definitions
Nightclubs. See “Eating and Drinking Establishments – Bars, Live Entertainment, and Taverns.”
Nurseries and Garden Centers. See “Retail – Nurseries and Garden Centers.”
17.156.032 – O Definitions
Offices.
Business and Professional Offices. Offices of firms or organizations providing professional, executive,
management, or administrative services, such as accounting, architectural, computer software design
constructed of wood, metal, or other lightweight material., engineering, graphic design, interior design, legal
offices, and tax preparation offices, but excluding banks and savings and loan associations (see “Banks and
Financial Institutions”).
Medical and Dental Offices. Office use providing consultation, diagnosis, therapeutic, preventive, or
corrective personal treatment services by doctors, dentists, chiropractors, acupuncturists, optometrists, and
similar medical professionals, medical and dental laboratories within medical office buildings but excluding
clinics or independent research laboratory facilities and hospitals (see “Hospitals” and “Clinics”), and similar
practitioners of medical and healing arts for humans licensed for such practice by the State of California.
Incidental medical and/or dental research within the office is considered part of the office use, where it supports
the on-site patient services.
Temporary Offices. A mobile home, recreational vehicle or modular unit used as a temporary office facility.
Temporary offices may include construction supervision offices on a construction site or off-site construction
yard, a temporary on-site real estate office for a development project, or a temporary business office in advance
of permanent facility construction.
Onshore Support Facilities. Any activity or land use required to support directly the exploration, development,
production, storage, processing, transportation, or related aspects of offshore energy resource extraction.
Outdoor Temporary and/or Seasonal Sales. The temporary outdoor use of property for retail sales.
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17.156.034 – P Definitions
Parking Facility. A surface parking lot or parking structure that is a primary use of a site.
Parking Facility – Temporary. The temporary use of property for the parking of vehicles.
Park and Recreation Facilities. Parks with playgrounds and recreation facilities, all of which are noncommercial and
intended for neighborhood or community use. This classification also includes noncommercial playing fields, courts,
gymnasiums, public swimming pools, picnic facilities, tennis courts, and golf courses, as well as related food
concessions or community centers within the facilities.
Personal Services. Provision of recurrently needed services of a personal nature. This classification includes barber
shops and beauty salons, seamstresses, tailors, day spas, massage services where all persons engaged in the practice
of massage are certified pursuant to the Business and Professions Code Section 4612, dry cleaning agents (excluding
large-scale bulk cleaning plants), shoe repair shops, self-service laundries, tattoo and body piercing services, video
rental stores, photocopying, photo finishing services, and travel agencies mainly intended for the consumer.
Primary Use. See “Use – Primary.”
Produce Stand. See “Food and Beverage Sales – Produce Stand.”
Public Assembly Facilities. A facility for public or private assembly and meetings, exclusive of “Religious Assembly
Facilities,” which is defined separately. Examples of these uses include:
1. banquet rooms
2. civic and private auditoriums
3. community centers
4. conference/convention facilities
5. meeting halls for clubs and other membership organizations
Public Assembly Facilities do not include gymnasiums or other “Sports and Entertainment Assembly” facilities, or “Day
Care Centers” or “Schools,” which are all separately classified and regulated.
Public Safety Facility. A facility operated by public agencies including fire stations, other fire prevention and fire fighting
facilities, police and sheriff substations and headquarters, including interim incarceration facilities.
17.156.036 – R Definitions
Recycling. A facility for receiving, temporarily storing, transferring and/or processing materials for recycling, reuse, or
final disposal. This use classification does not include facilities that deal with animal matter nor does it include waste
transfer facilities that operate as materials recovery, recycling, and solid waste transfer operations, which are classified
as utilities.
Collection Facility. A facility available for the general public for the recycling of California Redemption Value
(CRV) products such as glass, aluminum cans, and plastic beverage containers as defined by the State’s
Department of Resources Recycling and Recovery. Also includes reverse vending machines, where an
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automated mechanical device that accepts, sorts, and processes recyclable materials and issues a cash refund
or a redeemable credit slip. Processing and sorting is not conducted on site.
Processing Facility. A facility that receives, sorts, stores and/or processes recyclable materials.
Religious Assembly Facilities. Any facility specifically designed and used to accommodate the gathering of persons
for the purposes of fellowship, worship, or similar conduct of religious practices and activities. This definition includes
functionally related internal facilities (i.e., kitchens, multi-purpose rooms, storage, etc.) and residences for clergy. Other
establishments maintained by religious organizations, including full-time educational institutions, hospitals and other
related operations, are classified according to their respective activities.
Research and Development. A facility for scientific research, and the design, development and testing of electrical,
electronic, magnetic, optical and computer and telecommunications components in advance of product manufacturing,
and the assembly of related products from parts produced off-site, where the manufacturing activity is secondary to the
research and development activities. Includes pharmaceutical, chemical and biotechnology research and development.
Does not include soils and other materials testing laboratories (see “laboratory – medical, analytical, research, testing”),
or blood drawing and specimen collection from patients (see “Hospitals and Clinics – Clinic”), or testing of computer
software (see “Office”). Includes assembly of related products from parts produced off-site where the manufacturing
activity is secondary to the research and development activities.
Residential Care Facilities. Facilities that are licensed by the State to provide permanent living accommodations and
24-hour primarily non-medical care and supervision for persons in need of personal services, supervision, protection, or
assistance for sustaining the activities of daily living. Living accommodations are shared living quarters with or without
separate kitchen or bathroom facilities for each room or unit. This classification includes facilities that are operated for
profit as well as those operated by public or not-for-profit institutions, including hospices, nursing homes, convalescent
facilities, and group homes for minors, persons with disabilities, and people in recovery from alcohol or drug addictions.
This use classification excludes “Transitional Housing and Supportive Housing.”
Restaurants. See “Eating and Drinking Establishments – Restaurants.”
Retail Sales.
Building Materials and Services. Retail sales or rental of building supplies or equipment. This classification
includes lumber yards, tool and equipment sales or rental establishments, and includes establishments devoted
principally to taxable retail sales to individuals for their own use. This classification includes the accessory retail
sale of nursery and garden products, as defined under “Nursery and Garden Centers”.
Indoor. Storage and display of commercial goods or materials entirely within an enclosed building.
Outdoor. Storage and display of commercial goods or materials in open lots, outside of a structure
other than fencing, either as an accessory or principal use.
Extended Hour Retail. A business that is open to the public between the hours of 2:00 AM. and 6:00 AM.
General Retail. The retail sale or rental of merchandise not specifically listed under another use classification.
This classification includes retail establishments with 60,000 square feet or less of sales area, including
department stores, clothing stores, furniture stores, pet supply stores, hardware stores, and businesses
retailing the following goods: toys, hobby materials, handcrafted items, jewelry, cameras, photographic supplies
and services (including portraiture and retail photo processing), medical supplies and equipment, pharmacies,
electronic equipment, sporting goods, kitchen utensils, hardware, appliances, antiques, art galleries, art
supplies and services, paint and wallpaper, carpeting and floor covering, office supplies, bicycles, and new
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automotive parts and accessories (excluding vehicle service and installation). Retail sales may be combined
with other services such as office machine, computer, electronics, and similar small-item repairs. For facilities
greater than 60,000 square feet, see “Large-Scale Retail”.
Large-Scale Retail. General retail establishments (over 60,000 square feet of sales area, but less than
140,000 square feet) that sell merchandise and bulk goods for individual consumption, including membership
warehouse clubs.
Nurseries and Garden Centers. Establishments primarily engaged in retailing nursery and garden products—
such as trees, shrubs, plants, seeds, bulbs, and sod—that are predominantly grown elsewhere. These
establishments may sell a limited amount of a product they grow themselves. Fertilizer and soil products are
stored and sold in package form only. This classification includes wholesale and retail nurseries offering plants
for sale. This classification also includes farm supply and feed stores.
Recreational Vehicle Park. See “Lodging – Recreational Vehicle Park.”
17.156.038 – S Definitions
Safe Parking. 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.
Salvage and Wrecking. Storage and dismantling of vehicles and equipment for sale of parts, as well as their collection,
storage, exchange or sale of goods including, but not limited to, any used building materials, used containers or steel
drums, used tires, and similar or related articles or property.
Schools – Colleges. Institutions of higher education providing curricula of a general, religious, or professional nature,
typically granting recognized degrees, including conference centers and academic retreats associated with such
institutions. This classification includes universities and junior colleges, but excludes trade schools and personal
instructional services such as music lessons and tutoring (see “Instructional Services”).
Schools - Primary and Secondary. Facilities for primary or secondary education, including public schools, charter
schools, and private and parochial schools having curricula comparable to that required in the public schools of the
State.
Schools – Trade Schools. Public or private post-secondary schools (other than a community college or four-year
college) providing occupational or job skills training for specific occupations, including business and computer schools,
management training, and technical training schools. Excludes personal instructional services such as music lessons
and tutoring (see “Instructional Services”).
Self-Storage. See “Warehousing, Storage, and Distribution – Personal Storage.”
Single-Unit Dwelling. A dwelling unit designed for occupancy by one household which is not attached to or located on
a lot with commercial uses or other dwelling units, other than an accessory dwelling unit. For the purpose of accounting
for housing units pursuant to Chapter 17. XX (Residential Growth Management Regulations), a single-unit dwelling may
also include, as an accessory use, one legally established Accessory Dwelling Unit. This definition also includes
individual manufactured housing units installed on a foundation system pursuant to Health and Safety Code Section
18551.
Social Service Provider. 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
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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.
Special Event. A temporary and short-term activity.
Sports and Entertainment Assembly Facility. A large-scale indoor or outdoor facility accommodating spectator-
oriented sports, concerts, and other entertainment activities. Examples of this land use include amphitheaters, race
tracks, stadiums and coliseums, and drive-in theaters. May also include commercial facilities customarily associated
with the above uses, including bars and restaurants, gift shops, video game arcades, etc.
Supportive and/or Transitional Housing. The term Supportive Housing (per Government Code Section 65582[f], as
may be amended) shall mean a dwelling unit occupied by a target population, with no limit on length of stay, that is
linked to on-site or off-site services that assist the supportive housing resident(s) in retaining the housing, improving
their health status, and maximizing their ability to live and, when possible, work in the community. A target population
means persons with low incomes having one or more disabilities, including mental illness, HIV or AIDS, substance
abuse, or other chronic health conditions, or individuals eligible for services provided under the Lanterman
Developmental Disabilities Services Act (Welfare and Institutions [W&I] Code Section 4500) and may include—among
other populations—adults, emancipated youth, families, families with children, elderly persons, young adults aging out
of the foster care system, individuals exiting from institutional settings, veterans, and homeless people.
The term Transitional Housing (per Government Code Section 65582[h], as may be amended) shall mean buildings
configured as rental housing developments, but operated under program requirements that require the termination of
assistance and recirculating of the assisted unit to another eligible program recipient at a predetermined future point in
time that shall be no less than six months from the beginning of assistance.
Supportive and/or transitional housing may be designed as a residential group living facility or as a regular residential
use and includes both facilities that provide on-site and off-site services.
17.156.040 – T Definitions
Temporary Use. A use allowed for less than one year consisting of activities that represent a variation from the normal
business operations. Examples include, but are not limited to, parking lot sales, benefits, and special events.
Theaters. Facilities for indoor display of films, motion pictures, or dramatic, musical, or live performances. This
classification may include incidental food and beverage services to patrons.
Transit Station or Terminal. A facility or location with the primary purpose of transfer, loading, and unloading of
passengers and baggage. May include facilities for the provision of passenger services such as ticketing, restrooms,
lockers, waiting areas, passenger vehicle parking and bus bays, for layover parking, and interior bus cleaning and
incidental repair. “Auto and vehicle sales/rental” means aIncludes rail and bus terminals, but does not include terminals
serving airports or heliports
Transitional Housing. See “Supportive and/or Transitional Housing.”
17.156.042 – U Definitions
Use. See 17.XX.XXX (U Definitions) under General Definitions below.
Utilities Facilities. A structure or improvement built or installed above ground for the purpose of providing utility
services, communications services, and materials transfer to more than one lot. Generating plants; electric substations;
solid waste collection, including transfer stations and materials recovery facilities; solid waste treatment and disposal;
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water or wastewater treatment plants; and similar facilities of public agencies or public utilities, including corporation and
maintenance yards.
Facilities with on-site staff. Utilities facilities that include office and/or working space for employees, and/or
that require employees to be located on site for general operation of the facility.
Facilities with no on-site staff (unmanned). Utilities facilities that do not include office and/or working space
for employees, and where on-site staff are required intermittently only for maintenance and/or infrequent
monitoring.
Transmission Lines. A specialized cable or other structure designed to conduct communications and
electrical power. This definition also includes attached utility poles and substations where transmission lines
are connecting with the facility.
17.156.044 – V Definitions
Vacation Rentals. A dwelling or part of a dwelling where lodging is furnished for compensation for fewer than 30
consecutive days. Does not include fraternities, sororities, convents, monasteries, hostels, bed and breakfast
establishments, homestay rentals, hotels, motels, or boarding/rooming houses, which are separately defined.
Vehicle Sales and Services.
Auto and Vehicle Sales and Rental. A retail establishment selling and/or renting automobiles, trucks and vans,
motorcycles, and bicycles (bicycle sales are also included under “general retail”). May also include repair shops
and the sales of parts and accessories, incidental to vehicle dealerships. Does not include the sale of auto
parts/accessories separate from a vehicle dealership (see “auto parts sales”); mobile home, recreational vehicle,
or watercraft sales (see “mobile home, RV““Large Vehicle and boat sales”);Heavy Equipment Sales, Services, and
Rental””); tire recapping establishments (see “vehicle servicesVehicle Services”); businesses dealing exclusively in
used parts, (see “recycling – scrapSalvage and dismantling yardsWrecking”); or “service stationsService/Fueling
Stations,” which are separately defined.
Large Vehicle, Construction, and Heavy Equipment Sales, Service, and Rental. Sales, servicing, rental,
fueling, and washing of large trucks, trailers, tractors, and other heavy equipment used for construction, moving,
agricultural, or landscape gardening activities, as well as boats, mobile homes, and recreational vehicle/campers.
Examples include cranes, earth moving equipment, tractors, combines, heavy trucks, etc. Includes large vehicle
operation training facilities. Sales of new or used automobiles are excluded from this classification (see “Auto and
Vehicle Sales and Rental”).
Service/Fueling Stations. An establishment engaged in the retail sale of vehicle fuels or the retail sale of these
fuels in combination with activities, such as providing minor vehicle repair services; selling automotive oils,
replacement parts sales” means a store that sells new automobile parts, tires, and accessories. May also include
minor parts installation (see also “vehicle services”).; and/or ancillary retail and grocery sales. Does not include
body and fender work or "heavy" repair of trucks or other motor vehicles (see “Vehicle Services - Major”).
Vehicle Services. The service and repair of motor vehicles in an enclosed building, including the repair or
replacement of engines and transmissions, body and fender repair, and the installation of nonfactory-installed
products.
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Major (Major Repair/Body Work). Major repair of automobiles, motorcycles, recreational vehicles, or trucks
including light-duty trucks (i.e., gross vehicle weights of less than 10,000 pounds) and heavy-duty trucks (i.e.,
gross vehicle weights of more than 10,000 pounds). Examples of uses include full-service motor vehicle repair
garages; body and fender shops; brake shops; machine shops, painting shops; towing services, and
transmission shops. Does not include vehicle dismantling or salvage (see “Salvage and Wrecking”) and tire
retreading or recapping establishments,.
Minor (Minor Repair/Maintenance). Minor repair of automobiles, motorcycles, recreational vehicles, or light
trucks, vans or similar size vehicles (i.e., vehicles that have gross vehicle weights less than 10,000 pounds)
including installation of electronic equipment (e.g., alarms, audio equipment, etc.); servicing of cooling and air
conditioning, electrical, fuel and exhaust systems; brake adjustments, relining and repairs; oil and air filter
replacement; wheel alignment and balancing; tire sales, service, and installation shops; shock absorber
replacement; chassis lubrication; smog checks; engine tune-ups; and installation of window film, and similar
accessory equipment.
Washing. Washing, waxing, detailing, or cleaning of automobiles or similar light vehicles, including self-serve
washing facilities.
Vending Machine. An automated mechanical device which are found under “vehicle services” or businesses
dealingejects consumer products, including but not limited to snack food items, non-alcoholic beverages, electronic
devices, and movies, and that accepts cash, debit, and/or credit.
Veterinary Services. See “Animal Care, Sales, and Services.”
17.156.046 – W Definitions
Warehousing, Storage, and Distribution. Storage and distribution facilities without sales to the public on-site or direct
public access except for public storage in small individual spaces exclusively in used parts, which are and directly
accessible to specific tenants.
Outdoor Storage. Storage of vehicles or commercial goods or materials in open lots, outside of a structure
other than fencing, either as an accessory or principal use. Building materials stored outside and associated
with a Building Materials and Services establishment is defined separately under “Building Materials and
Services.” Garden and nursery products stored outside and associated with a “Nurseries and Garden Centers”
use or as accessory to a “Building Materials and Services” use is defined separately by those respective
classifications and not included under “recycling – scrap and dismantling yardsin the classification “Outdoor
Storage.”
Personal Storage. Facilities offering enclosed storage with individual access for personal effects and
household goods including mini-warehouses and mini-storage. This use excludes workshops, hobby shops,
manufacturing, and commercial activity.
Warehousing and Indoor Storage. Storage within an enclosed building of commercial goods prior to their
distribution to wholesale and retail outlets and the storage of industrial equipment, products and materials
including, but not limited to, automobiles, feed, and lumber. Also includes cold storage, draying or freight,
moving and storage, and warehouses. This classification excludes the storage of hazardous chemical, mineral,
and explosive materials.
Wholesaling and Distribution. Indoor storage and sale of goods to other firms for resale, storage of goods
for transfer to retail outlets of the same firm, or storage and sale of materials and supplies used in production
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or operation, including janitorial and restaurant supplies. Wholesalers are primarily engaged in business-to-
business sales, but may sell to individual consumers through mail or internet orders. They normally operate
from a warehouse or office having little or no display of merchandise, and are not designed to solicit walk-in
traffic.
Wireless Telecommunication Facilities. Wireless telecommunication facilities consist of commercial wireless
communication systems, including but not limited to cellular, PCS, paging, broadband, data transfer, and any other type
of technology that fosters wireless communication through the use of portable electronic devices. A facility includes all
supporting structures and associated equipment. The following are definitions used in association with the regulation of
wireless telecommunications facilities.
Co-location. The practice of two or more wireless telecommunication service providers sharing one support
structure or building for the location of their antennas and equipment.
Satellite dish antenna. A device incorporating a reflective surface that is solid, open mesh, or bar-configured
and is in the shape of a shallow dish, cone, horn, or cornucopia, that is used to transmit and/or receive radio,
microwave or other electromagnetic waves between terrestrially and/or orbitally based use.
Stealthing. Improvements or treatments added to a wireless telecommunication facility which mask or blend
the proposed facility into the existing structure or visual backdrop in such a manner as to render it effectively
unnoticeable to the casual observer.
17.156.048 – X Definitions
Reserved.
“Automated teller machine (ATM)” means a computerized, self-service machine used by banking customers for
financial transactions, including deposits, withdrawals and fund transfers, without face-to-face contact with financial
institution personnel. These machines may be located at or within banks, or in other locations. (Ord. 1606 § 3, 2014;
Ord. 1591 §§ 3, 4, 2013; Ord. 1553 § 26, 2010; Ord. 1528 § 3 Ex. A (part), 2009: Ord. 1500 § 3 (part), 2007; Ord.
1438 § 2 (part), 2003)
B
17.100.020 156.050 – Y Definitions, “B.”
Reserved.
“Bakery, retail” means an establishment primarily engaged in the retail sale of baked products. The products may be
prepared either on or off site.
“Bakery, wholesale” means a place for preparing, cooking, baking, and selling of products for off-premises distribution.
Over the counter or other retail dispensing of baked goods on premises is prohibited.
“Banks” and “financial services” means financial institutions including:
A. Banks and trust companies;
B. Credit unions;
C. Holding (but not primarily operating) companies;
D. Home loan services;
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E. Lending and thrift institutions;
F. Mortgage brokers;
G. Other investment companies;
H. Securities/commodity contract brokers and dealers;
I. Security and commodity exchanges;
J. Vehicle finance (equity) leasing.
See also “automated teller machine (ATM).”
“Bar/tavern” means a business where alcoholic beverages are sold for on-site consumption, which is not part of a
larger restaurant. Includes bars, taverns, pubs, and similar establishments where any food service is subordinate to
the sale of alcoholic beverages. May also include beer brewing as part of a microbrewery, and other beverage tasting
facilities. Does not include adult entertainment businesses.
“Bed and breakfast inn (B&B)” means a building or group of buildings providing fifteen or fewer bedrooms or suites
that are rented for overnight lodging, with a common eating area for guests. Does not include room rental, which is
separately defined (see “boarding/rooming house”).
“17.156.052 – Z Definitions
Reserved.
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CHAPTER 17.158. GENERAL DEFINITIONS
17.158.002 – Purpose and Applicability
Chapter 17.XX (General Definitions) applies to general (non-land use) terms used in Title 17 except as specifically
excluded per Section 17.XX.010 (Other Definition Sections).
17.158.004 – Abbreviations
ALUC. San Luis Obispo County regional airport land use commission.
ALUP. San Luis Obispo County regional airport land use plan.
CNEL. Community Noise Equivalent Level.
dB. Decibel.
FAA. Federal Aviation Administration.
FAR. Floor Area Ratio.
UZ. Underlying Zoning.
17.158.006 – A Definitions
Abutting, Adjoining, or Adjacent. Having a common property or district line, or separated only by an alley, path, private
street, or easement.
Accessory Buildings. See Buildings, Accessory.
Accessory Structures. See Structures, Accessory.
Addition. Attached to and used in conjunction with.
Minor Addition. Any addition to a building or structure that comprises less than 25 percent increase in total
building area, constructed in compliance with current regulations.
Minor Nonconforming Addition. Extension of the nonconforming feature of an existing building by no more
than fifty percent.
Significant Addition. Any addition to a building or structure that comprises 25 percent or more increase in
total building area, constructed in compliance with current regulations.
Affordable housing agreement. A written agreement between the developer, the City, and possibly additional parties
that specifies the terms and conditions under which affordable housing requirements are to be met.
Affordable housing fund. A fund established and administered by the City containing in-lieu fees and other funds held
and used exclusively to increase and improve the supply of affordable housing.
Alcoholic Beverage. 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.
Alley. A public way permanently reserved primarily for secondary vehicular service access to the rear or side of
properties otherwise abutting on a street.
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Allowed Use. Any use or structure that is allowed in a zoning district without a requirement for approval of a Use Permit,
but subject to any restrictions applicable to that zoning district.
Ambient entertainment. Acoustic or recorded music, or live readings of books or poetry, which is clearly incidental,
that allows for normal conversation levels, and for which no cover fee or ticket is required.
Applicant. The property owner, the owner’s agent, or any person, corporation, partnership, or other legal entity that has
a legal or equitable title to land that is the subject of a development proposal or is the holder of an option or contract to
purchase such land or otherwise has an enforceable proprietary interest in such land and has submitted an entitlement
or building permit application to the City.
Arbors. Ornamental landscape features that are substantially open to the passage of light and air on all sides.
"Substantially open" sides and roof of the structure shall be a minimum of 50 percent open at any point across the entire
side. Generally designed with an open, lattice-work design constructed of wood, metal, or other lightweight material.
Includes trellises.
Average cross-slope. The ratio, expressed as a percentage of the difference in elevation to the horizontal distance
between two points on the perimeter of the area, for which slope is being determined.
17.158.008 – B Definitions
Balcony. A platform that projects from the wall of a building thirty inches or more above grade that is accessible from
the building’s interior, is not accessible from the ground and is not enclosed by walls on more than two sides. See also
“Deck”.
Basement. A nonhabitable space beneath the first or ground floor of a building the ceiling of which does not extend
more than four feet above finished grade.
Bedroom” means any. Any space in a dwelling unit which contains a minimum of seventy70 square feet of floor area
unless it is one of the below listed rooms or common spaces. The “bedroom” definition does not include garages, attic
space, or similar spaces which are not habitable such as foyers, storage closets, utility rooms, or unfinished attics and
basements.
The following rooms/common spaces whichthat are adjacent and open to common areas are not considered bedrooms:
Table 9-1: Rooms and Common Spaces Not Considered Bedrooms
Hallway Den (see definition, Section
17.100.040)
Bathroom LoftMezzanine (see definition
for requirements, Section
17.100.120)
Kitchen/breakfast nook Laundry room
Living room, family
room, dining room
The directorDirector shall determine whether spaces which do not clearly meet the definition of a “bedroom” meet the
intent of this regulation or need to be forwarded to the planning commission for use permitPlanning Commission for
Conditional Use Permit review.
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Spaces (i.e., not bedrooms) established prior to August 14, 2014, using the previous bedroom definition (greater than
or equal to fifty50 percent open wall area with an adjoining room) may remain and will not be considered bedrooms
consistent with floor plans approved with a building permit.
“Block front” means allFront. All the properties fronting on one side of a street, between intersecting streets or a street
and a railroad, waterway, cul-de-sac, or unsubdivided land.
“Boarding/rooming house” means a dwelling or part of a dwelling where lodging is furnished for compensation to more
than three persons living independently from each other. Meals may also be included. Does not include fraternities,
sororities, convents, or monasteries, which are separately defined.
“Building” means any. Any structure used or intended for sheltering or supporting any use or occupancy.
“Building and landscape materials sales” means retail establishments selling hardware, lumber and other large
building materials, where most display and sales occur indoors. Includes paint, wallpaper, glass and fixtures. Includes
all these stores selling to the general public, even if contractor sales account for a major proportion of total sales.
Establishments primarily selling electrical, plumbing, heating, and air conditioning equipment and supplies are
classified in “wholesaling and distribution.”
“Building envelope” (see also “development envelope” and “coverage”) is the Building, Accessory. A detached
subordinate building used only as incidental to the principal building on the same lot.
Building, Principal. A building in which the principal use of the lot is conducted on which it is situated.
Building Division. City of San Luis Obispo Building and Safety Division.
Building Envelope. The three-dimensional space enclosed by the exterior surfaces of a building or structure.
“Building footprint” is that portionFootprint. The horizontal area, as seen in plan view, of a lot covered by a building
or structure, measured at the surface level, measured on a horizontal plane.
“Business support service” means an establishment within a building that provides services to other businesses.
Examples from the outside of these services include: exterior walls and supporting columns, excluding eaves.
A. Blueprinting;
B. Computer-related services (rental, repair);
C. Copying and quick printing services;
D. Film processing and photofinishing (retail);
E. Mailing and mail box services;
F. Outdoor advertising services;
G. Protective services (other than office related);
H. Security systems services. (Ord. 1606 § 4, 2014; Ord. 1553 § 27, 2010; Ord. 1528 § 3 Ex. A (part), 2009: Ord. 1500
§ 3 (part), 2007; Ord. 1438 § 2 (part), 2003)
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C
Building Official. City of San Luis Obispo Chief Building Official, or someone designated by him or her to act on his or
her behalf.
17.100.030 158.010 – C Definitions, “C.”
“Caretaker dwelling” means a permanent residence that is secondary or accessory to the primary use of the property,
and used for housing a caretaker employed on the site of any nonresidential use where needed for security purposes
or to provide twenty-four-hour care or monitoring of people, plants, animals, equipment, or other conditions on the site.
“Catering service” means an establishment that serves and supplies food to be consumed off premises.
“Cemetery,” “mausoleum,” or “columbarium” means interment establishments engaged in subdividing property into
cemetery lots and offering burial plots or air space for sale. Includes mausoleum, crematorium, and columbarium
operations; and full-service mortuaries and funeral parlors accessory to a cemetery or columbarium.
“Club,” “lodge,” or “private meeting hall” means permanent, headquarters-type and meeting facilities for organizations
operating on a membership basis for the promotion of the interests of the members, including facilities for:
A. Business associations;
B. Civic, social and fraternal organizations;
C. Labor unions and similar organizations;
D. Political organizations;
E. Professional membership organizations;
F. Other membership organizations.
“Commercial recreation facility – indoor” means establishments providing indoor amusement and entertainment
services for a fee or admission charge, including:
A. Bowling alleys;
B. Coin-operated amusement arcades;
C. Electronic game arcades;
D. Ice skating and roller skating;
E. Pool and billiard rooms as primary uses.
Cannabis. See Chapter 17.XX (Cannabis).
Canopy. A roofed shelter projecting over a sidewalk, driveway, entry, window, or similar area that may be wholly
supported by a building or may be wholly or partially supported by columns, poles, or braces extending from the ground.
Carport. An accessible and usable covered space enclosed on not more than two sides, designed, constructed
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This use does not include adult entertainment businesses, or night clubs, which are separately defined. Four or more
electronic games or coin-operated amusements in any establishment, or a premises where fifty percent or more of the
floor area is occupied by amusement devices, are considered an electronic game arcade as described above, three or
less machines are not considered a land use separate from the primary use of the site.
“Commercial recreation facility – outdoor” means facilities for various outdoor recreational activities, where a fee is
charged for use. Examples include:
A. Amusement and theme parks;
B. Fairgrounds;
C. Go-cart tracks;
D. Golf driving ranges;
E. Miniature golf courses;
F. Roller skating, hockey, skateboarding;
G. Water slides.
May also include commercial facilities customarily associated with the above outdoor commercial recreational uses,
including bars and restaurants, video game arcades, etc.
“Community garden” means a site used for growing plants for food, fiber, herbs, flowers, and others, which is shared
and maintained by community residents.
“Construction/heavy equipment sales and rental” means retail establishments selling or renting construction, farm, or
other heavy equipment. Examples include cranes, earth moving equipment, tractors, combines, and other motorized
farming equipment, heavy trucks, etc.
“Convalescent hospital” means any place, structure, or institution providing for skilled nursing and allied professional
health care, or for chronic or convalescent care for for the parking or storage of one or more persons, exclusive of
relatives, in which nursing, dietary or other personal services are rendered to convalescents, invalids, or aged persons,
who, by reason of advanced age, chronic illness, or physical infirmity are unable to properly care for themselves, but
not including persons suffering from contagious or mental diseases, alcoholism, or drug addiction, and in which surgery
is not performed and primary treatment, such as customarily is given in hospitals or sanitariums, is not provided.
Convalescent hospital includes “nursing home” but does not include “rest home,” “hospital,” or “residential care
facility.”motor vehicles.
“Convenience store” means a retail establishment with not more than four thousand five hundred square feet of gross
floor area, offering for sale prepackaged food products, household items, newspapers and magazines, and
sandwiches and other freshly prepared foods, such as salads, for off-site consumption. Sale of alcoholic beverages is
limited to beer and wine only (ABC License Type 20).
“Convent” or “monastery” means a housing facility where residents are limited to members of a specific religious order.
“Case Management. 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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City. The City of San Luis Obispo.
Common Interest Development. Any of the following: a community apartment project, a condominium project, a
planned development, or a stock cooperative identified in Civil Code Section 1351.
Community Development Department. The City of San Luis Obispo Community Development Department.
Conditionally Permitted. Allowed subject to approval of a Use Permit.
Construction. Building, erection, enlargement, alteration, conversion or movement of any building, structures, or land
together with any scientific surveys associated therewith.
County. The County of San Luis Obispo.
Council. The City of San Luis Obispo City Council.
Coverage” means the area of a structure. The portion of a lot that is covered by structures, including principal and
accessory buildings located on or above the ground, including upper -level projections and living areas, as well as
covered or uncovered decks, balconies, porches, and similar architectural features expressed as a percentage of the
total lot area. Uncovered decks, balconies, and porches which are thirty inches or less from the ground shall not be
included in the determination of coverage. See Figures 5 and 6 in Section 17.16.030. Roof eaves which project thirty
inches or less from the structure are not included in the determination of coverage. For roof eaves which exceed thirty
inches from the structure, the first thirty inches shall not be included in lot coverage and the remaining length shall be
included in the determination of coverageSee Chapter XX: Coverage for exceptions to lot coverage calculations.
“Council. City of San Luis Obispo City Council.
Creek” is a. A waterway or portion of waterway designated in the General Plan as a creek on the open space element
creek map.. A drainage ditch, concrete swale, underground culvert, or storm drain (as indicated on the creek
mapGeneral Plan) is not a creek. Creeks located outside the urban reserve line are as designated by the USGS 7.5
Minute series quadrangle maps or San Luis Obispo County data.
“Crop production” means commercial agricultural production field and orchard uses, including the production of the
following or similar, primarily in the soil on the site and not in containers:
Field crops;
Flowers and seeds;
Fruits;
Grains;
Melons;
Ornamental crops;
Tree nuts;
Trees and sod;
Vegetables;
Wine and table grapes.
Also includes associated crop preparation services and harvesting activities, such as mechanical soil preparation,
irrigation system construction, spraying, and crop processing, not including sales sheds, which are instead defined
under “produce stand.” Does not include greenhouses or containerized crop production which are instead defined
under “greenhouse/plant nursery, commercial.” Does not include noncommercial home gardening, which is allowed as
an accessory residential use allowed without city approval. (Ord. 1591 §§ 12, 13, 2013; Ord. 1578 § 6, 2012; Ord.
1553 § 28, 2010; Ord. 1528 § 3 Ex. A (part), 2009; Ord. 1438 § 2 (part), 2003)
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D
17.100.040 158.012 – D Definitions, “D.”
“Day care” means facilities that provide nonmedical care and supervision of adults or minor children for periods of less
than twenty-four hours. These facilities include the following, all of which are required to be licensed by the California
State Department of Social Services:
A. “Child day care center” means a commercial or nonprofit child day care facility designed and approved to
accommodate fifteen or more children. Includes infant centers, preschools, sick-child centers, and school-age day
care facilities. These may be operated in conjunction with a school or church facility, or as an independent land use.
B. “Large family day care home” means as provided by Health and Safety Code Section 1596.78, a home that
regularly provides care, protection, and supervision for seven to fourteen children, inclusive, including children under
the age of ten years who reside in the home, for periods of less than twenty-four hours per day, while the parents or
guardians are away.
C. “Small family day care home” means as provided by Health and Safety Code Section 1596.78, a home that
provides family day care for eight or fewer children, including children under the age of ten years who reside in the
home.
D. “Adult day care facility” means a day care facility providing care and supervision for adult clients.
“Deck. A platform, either freestanding or attached to a building, that is supported by pillars or posts. See also “Balcony”.
Demolition” means the. The act of reconstructing, removing, taking down or destroying all or portions of an existing
building or structure, or making extensive repairs or modifications to an existing building or structure, if such changes
involve removal or replacement of fifty50 percent or more of both the structural framing and cladding or of the exterior
walls within a twenty-four24-month period. When determining whether a building or structure is demolished, the following
applies:
A. 1. The nonconforming portions of any wall is counted as removed or taken down, even when retention
of these portions is proposed.
B. 2. Any continuous run of remaining exterior wall surfaces measuring ten10 feet or less in length are
counted as removed or replaced.
“Den” (or “family room”) means a”). A room which is open on at least one side,; does not contain a wardrobe, closet,
or similar facility,; and which is not designed for sleeping. (See also “loft” definition.)
“Density. The number of dwellings per net acre, measured in density units.
Designee. Personnel of the City sanctioned to act on behalf of a Review Authority, as authorized by Title 17.
Department. The Community Development envelope”Department of the City of San Luis Obispo.
Development. Any public or private action for which a City construction permit or planning approval pursuant to the
provision of Title 17 is required.
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Development Agreement. An agreement between the City and any person having a legal or equitable interest in real
property for the development of such property and which complies with the applicable provisions of the Government
Code for such development agreements.
Development Envelope (see also “building envelope” and “coverage”) means that”). An area onof a lot that
encompasses all development, including but not limited to excavation, fill, grading, storage, demolition, structures,
building heights, decks, roof overhangs, porches, patios, terraces, pools, and any areas of disturbance, including access
ways and parking. Approved plantings of landscape materials on natural grade and approved walkways and driveways
may occur outside of a development envelope.
“Director. The Director of the City of San Luis Obispo Community Development Department, or someone designated
by him or her to act on his or her behalf.
Disabled person” means aPerson. A person who has a medical, physical, or mental condition that limits a major life
activity, as those terms are defined in CaliforniaState Government Code Section 12926, anyone who is regarded as
having such a condition or anyone who has a record of having such a condition. It includes a person or persons, or an
authorized representative of a disabled person. The term “disabled person” does not include a person who is currently
using illegal substances, unless he or she has a separate disability. (MIG note: from 17.61.020 Definitions)
“Director” means the director of the community development department, or someone designated by him or her to act
on his or her behalf.
“Dormitory” means a building used as group quarters for students, as an accessory use for a college, university,
boarding school, or other similar institutional use.
“Drive-through facility” means one in which vehicles line up for service at definite spots and where customers are
served without leaving their vehicles.
“Driveway. An accessway that provides vehicular access between a street and the parking or loading facilities located
on an adjacent property.
Dwelling” means a. A building or mobile home on a permanent foundation with provisions for sleeping, cooking and
sanitation, and with permanent connections to utilities, providing independent living space for owner occupancy, rental,
or lease on a monthly or longer basis. (Ord. 1591 § 5, 2013; Ord. 1553 § 29, 2010; Ord. 1500 § 3 (part), 2007; Ord.
1438 § 2 (part), 2003)
E
17.100.050 158.014 – E Definitions, “E.”
“Educational facilities” includes the following:
A. “Adult school,” “business school” or “trade school” means a professional, recreational or vocational school providing
a continuous program of instruction primarily for adults, as a business.
B. “College” means a facility providing a continuous academic program primarily for students seventeen years of age
or older.
C “Elementary school” means a facility providing a continuous program of instruction for students generally aged five
through twelve.
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D. “High school” means a facility providing a continuous program of instruction for students generally aged sixteen
through eighteen.
E. “Junior high school” means a facility providing a continuous program of instruction for students generally aged
thirteen through fifteen.
F. “Nursery school and preschool.” See “day care.”
“Easement. A portion of land created by grant or agreement for specific purpose; an easement is the right, privilege or
interest which one party has in the land of another.
Ecological Restoration Project. A project where the site is intentionally altered to establish a defined, indigenous,
historic ecosystem.
Efficiency Unit. As defined in Health and Safety Code Section 17958.1.
Electronic game” means a coin-operatedGame. A machine or device offered to the public as a game or amusement,
whether remuneration is required or not, the object of which is to achieve a high or low score based on the skill of the
player.
“Electronic game amusement center” means anyGame Amusement Center. Any premises having thereon available
four or more electronic games, when the games are a primary good or service offered by the establishment. See also
Chapter 5.52, Electronic Game Amusement Centers.
“Existing topography” means theTopography. The natural unaltered topography or the topography resulting from
grading activity legally permitted in conjunction with subdivision improvements, right-of-way improvements, or previous
on-site building improvements.
“Extended hour retail” means a business that is open to the public between the hours of two a.m. and six a.m. (Ord.
1500 § 3 (part), 2007; Ord. 1438 § 2 (part), 2003)
F
“Fair housing laws” means17.158.016 – F Definitions
Façade. The exterior wall of a building exposed to public view or that wall viewed by persons not within the building.
The portion of any exterior elevation of a building extending vertically from the grade to the top of a parapet wall or eave,
and horizontally across the entire width of the building elevation.
Fair Housing Laws. The following legislation: (1) the Federal Fair Housing Act (42 USC Section 3601 and following)
and (2) the California Fair Employment and Housing Act (Government Code Section 12955 and following), including
amendments to them. (MIG note: from 17.61.020 Definitions)
17.100.060 Definitions, “F.”
“Feasible. Capable of being accomplished in a successful manner within a reasonable period of time, taking into account
economic, environmental, social and technological factors.
Fences. Horizontal and vertical structures that are intended to separate properties, retain soil materials, and provide
security; or as defined by the Building Official. Fences may also be walls, hedges and screen planting.
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Festival” (or “carnival” (or “fair”) means aCarnival” or “Fair”). A temporary public or commercial gathering where
entertainment, food, crafts, and the like are offered for viewing or sale. Gatherings on public property under the
sponsorship or control of the cityCity are excluded.
“Fitness/health facility” means fitness centers, gymnasiums, health and athletic clubs including any of the following:
indoor sauna, spa or hot tub facilities; indoor tennis, handball, racquetball, archery and shooting ranges and other
indoor sports activities.
“Floor area ratio” means the gross floor area of a building or buildings on a lot divided by the lot area.
“Food bank/packaged food distribution center” means a use where goods are received and/or stored for delivery to the
ultimate customer.
“Fraternity house” (or “sorority house”) means a residence for college or university students who are members of a
social or educational association which is affiliated and in good standing with California Polytechnic State University
and where such an association holds meetings or gatherings.
“Front yard” means the area of a residential lot that lies between the street property line and the walls of any
residences that face the street. The front yard area includes the entire yard extending across the full width of
a site, the depth of which contains all areas between the front property line back to the walls of the building
which are parallel or generally face the front property line.
Floodplain Management Regulations. The following terms shall apply for the purpose of Section 17.XX.XXX
(Floodplain Management Regulations):
A zone. See “Special flood hazard area (SFHA).”
Alluvial fan. A geomorphologic feature characterized by a cone or fan-shaped deposit of boulders, gravel, and
fine sediments that have been eroded from mountain slopes, transported by flood flows, and then deposited
on the valley floors, and which is subject to flash flooding, high velocity flows, debris flows, erosion, sediment
movement and deposition, and channel migration.
Apex. A point on an alluvial fan or similar landform below which the flow path of the major stream that formed
the fan becomes unpredictable and alluvial fan flooding can occur.
Base flood. A flood which has a one percent chance of being equaled or exceeded in any given year (also
called the “100-year flood”).
Base flood elevation (BFE). The elevation shown on the flood insurance rate map for zones AE, AH, A1-30,
VE, and V1-V30 that indicates the water surface elevation resulting from a flood that has a one percent or
greater chance of being equaled or exceeded in any given year.
Encroachment. The advance or infringement of uses, plant growth, fill, excavation, buildings, permanent
structures, or development into a floodplain which may impede or alter the flow capacity of a floodplain.
Existing manufactured home park or subdivision. A manufactured home park or subdivision for which the
construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at
a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of
concrete pads) is completed before February 20, 1979.
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Expansion to an existing manufactured home park or subdivision. The preparation of additional sites by
the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including
the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete
pads).
Flood, flooding, or floodwater. A general and temporary condition of partial or complete inundation of
normally dry land areas from the overflow of inland or tidal waters, the unusual and rapid accumulation or runoff
of surface waters from any source, and/or mudslides (i.e., mudflows); and the condition resulting from flood-
related erosion.
Flood boundary and floodway map (FBFM). The official map on which the Federal Emergency Management
Agency or Federal Insurance Administration has delineated both the areas of special flood hazards and the
floodway.
Flood insurance rate map (FIRM). The official map on which the Federal Emergency Management Agency
or Federal Insurance Administration has delineated both the areas of special flood hazards and the risk
premium zones applicable to the community.
Flood insurance study. The official report provided by the Federal Insurance Administration that includes
flood profiles, the flood insurance rate map, the flood boundary and floodway map, and the water surface
elevation of the base flood.
Floodplain or flood-prone area. Any land area susceptible to being inundated by water from any source.
See “Flood, flooding or floodwater.”
Floodplain administrator. The community official designated by title to administer and enforce the floodplain
management regulations.
Floodplain management. The operation of an overall program of corrective and preventive measures for
reducing flood damage and preserving and enhancing, where possible, natural resources in the floodplain,
including but not limited to emergency preparedness plans, flood control works, floodplain management
regulations, and open space plans.
Floodplain management regulations. This Chapter and other zoning ordinances, subdivision regulations,
building codes, health regulations, special purpose ordinances (such as grading and erosion control) and other
application of police power which control development in flood-prone areas. This term describes Federal, State,
or local regulations in any combination thereof which provide standards for preventing and reducing flood loss
and damage.
Floodproofing. Any combination of structural and nonstructural additions, changes, or adjustments to
structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary
facilities, structures, and their contents. For guidelines on dry and wet floodproofing, see FEMA Technical
Bulletins TB 1-93, TB 3-93, and TB 7-93.
Floodway. The channel of a river or other watercourse and the adjacent land areas that shall be reserved in
order to discharge the base flood without cumulatively increasing the water surface elevation more than one
foot. Also referred to as “regulatory floodway.”
Floodway fringe. The area of the floodplain on either side of the regulatory floodway where encroachment
may be permitted.
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Functionally dependent use. A use which cannot perform its intended purpose unless it is located or carried
out in close proximity to water. The term includes only docking facilities, port facilities that are necessary for
the loading and unloading of cargo or passengers, and ship building and ship repair facilities, and does not
include long-term storage or related manufacturing facilities.
Highest adjacent grade. The highest natural elevation of the ground surface prior to construction next to the
proposed walls of a structure.
Historic structure. Any structure that is:
1. Listed individually in the National Register of Historic Places (a listing maintained by the Department
of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for
individual listing on the National Register;
2. Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical
significance of a registered historic district or a district preliminarily determined by the Secretary to
qualify as a registered historic district;
3. Individually listed on a State inventory of historic places in states with historic preservation programs
which have been approved by the Secretary of Interior; or
4. Individually listed on the City’s master list of historic structures, provided this local inventory is
consistent with State-approved or certified historic preservation programs as determined by the
Secretary of the Interior or directly by the Secretary of the Interior in states without approved programs.
Levee. A manmade structure, usually an earthen embankment, designed and constructed in accordance with
sound engineering practices to contain, control or divert the flow of water so as to provide protection from
temporary flooding.
Levee system. A flood protection system which consists of a levee, or levees, and associated structures, such
as closure and drainage devices, which are constructed and operated in accord with sound engineering
practices.
Lowest floor. The lowest floor of the lowest enclosed area, including basement as separately defined. See
also “Basement”.
Mean sea level. For purposes of the National Flood Insurance Program, the National Geodetic Vertical Datum
(NGVD) of 1929 or other datum, to which base flood elevations shown on a community’s flood insurance rate
map are referenced.
New construction. For floodplain management purposes, means structures for which the “start of
construction” commenced on or after February 20, 1979, and includes any subsequent improvements to such
structures.
New manufactured home park or subdivision. A manufactured home park or subdivision for which the
construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at
a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of
concrete pads) is completed on or after February 20, 1979.
Obstruction includes, but is not limited to, any dam, wall, wharf, embankment, levee, dike, pile, abutment,
protection, excavation, channelization, bridge, conduit, culvert, building, wire, fence, rock, gravel, refuse, fill,
structure, vegetation or other material in, along, across or projecting into any watercourse which may alter,
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impede, retard or change the direction and/or velocity of the flow of water, or, due to its location, its propensity
to snare or collect debris carried by the flow of water, or its likelihood of being carried downstream.
One-hundred-year flood. See “Base flood.”
Program deficiency. A defect in a community’s floodplain management regulations or administrative
procedures that impairs effective implementation of those floodplain management regulations.
Regulatory floodway. The channel of a river or other watercourse and the adjacent land areas that must be
reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more
than one foot.
Riverine. Relating to, formed by, or resembling a river (including tributaries), stream, brook, etc.
Special Flood Hazard Area (SFHA). An area in the floodplain subject to a one percent or greater chance of
flooding in any given year. It is shown on an FHBM or FIRM as zone A, AO, A1-A30, AE, A99, or AH and
includes all areas designated in the City’s waterway management plan as being in the one-hundred-year
floodplain.
Start of construction. Substantial improvement and other proposed new development and means the date
the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation,
addition, placement, or other improvement was within one hundred eighty days from the date of the permit.
The actual start means either the first placement of permanent construction of a structure on a site, such as
the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the
stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does
not include land preparation, such as clearing, grading, and filling; nor does it include the installation of streets
and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection
of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages
or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the
actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a
building, whether or not that alteration affects the external dimensions of the building.
Substantial Damage. Damage of any origin sustained by a structure whereby the cost of restoring the structure
to its before-damaged condition would equal or exceed fifty percent of the market value of the structure before
the damage occurred.
Substantial Improvement.
1. Any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost (cumulatively
within any ten-year period) of which equals or exceeds fifty percent of the market value of the structure
before the “start of construction” of the improvement. This term includes structures which have
incurred “substantial damage,” regardless of the actual repair work performed.
2. Any reconstruction, rehabilitation or other improvement of a foundation for a structure which equals
or exceeds twenty-five percent of the foundation.
3. Any reconstruction, rehabilitation or other improvement which, by nature of the work, will necessitate
raising the structure off the foundation to complete the work.
The term does not, however, include either:
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1. “Fuel dealer” means a retail trade establishment that sells fuel oil, butane, propane and liquefied petroleum gas
(LPG), bottled or in bulk, to consumers, as the primary use of the site. Does not include the sale of these fuels as an
accessory use to a service station.
“Furniture/fixtures manufacturing” or “cabinet shop” means manufacturers producing wood and metal household
furniture and appliances; bedsprings and mattresses; all types of office furniture and public building furniture and
partitions, shelving, lockers and store furniture; and miscellaneous drapery hardware, window blinds and shades.
Includes wood and cabinet shops, but not sawmills or planing mills, which are instead included under “manufacturing –
heavy.”
“Furniture, furnishings and appliance store” means a store that primarily sells the following products and related
services, that may also provide incidental repair services:
A. Computers and computer equipment;
B. Draperies;
C. Floor coverings;
D. Furniture;
E. Glass and chinaware;
F. Home appliances;
G. Home furnishings;
H. Home sound systems;
I. Interior decorating materials and services;
J. Large musical instruments;
K. Lawn furniture;
L. Movable spas and hot tubs;
M. Office furniture;
N. Other household electrical and gas appliances;
O. Outdoor furniture;
P. Refrigerators;
Q. Stoves;
R. Televisions. (Ord. 1579 § 8, 2012; Ord. 1528 § 3 Ex. A (part), 2009: Ord. 1438 § 2 (part), 2003)
G
17.100.070 Definitions, “G.”
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“General retail” means stores and shops selling many lines of merchandise. Examples of these stores and lines of
merchandise include:
A. Art galleries, retail;
B. Artists’ supplies;
C. Auction rooms;
D. Bicycles (also included under auto and vehicle sales);
E. Books;
F. Cameras and photographic supplies;
G. Clothing and accessories;
H. Collectibles (cards, coins, comics, stamps, etc.);
I. Department stores;
J. Drug and discount stores;
K. Dry goods;
L. Fabrics and sewing supplies;
M. Florists and houseplant stores (indoor sales only, outdoor sales are “building and landscape materials sales”);
N. Hobby materials;
O. Jewelry;
P. Luggage and leather goods;
Q. Musical instruments, parts and accessories;
R. Orthopedic supplies;
S. Religious goods;
T. Small wares;
U. Specialty shops;
V. Sporting goods and equipment;
W. Stationery;
X. Toys and games;
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Y. Variety store.
“Golf course” means golf courses, and accessory facilities and uses including clubhouses with bar and restaurant,
locker and shower facilities; driving ranges; pro shops for on-site sales of golfing equipment; and golf cart storage and
sales facilities.
“Grazing” means the keeping of hoofed animals where food grown on the premises is the principal food of the
livestock.
“Greenhouse/plant nursery, commercial” means a commercial agricultural establishment engaged in the production of
ornamental plants and other nursery products, grown under cover either in containers or in the soil on the site, or
outdoors in containers. The outdoor production of ornamental plants in the soil on the site is instead included under
“crop production.” Also includes establishments engaged in the sale of these products (e.g., wholesale and retail
nurseries) and commercial-scale greenhouses (home greenhouses are accessory residential uses).
“Grocery store and specialty foods” means a retail business where the majority of the floor area open to the public is
occupied by food products packaged for preparation and off-site consumption.
“ Any project for improvement of a structure to correct existing violations or State or local health,
sanitary, or safety code specifications which have been identified by the local code enforcement
official and which are the minimum necessary to assure ensure safe living conditions; or
2. Any alteration of a “historic structure;” provided, that the alteration will not preclude the structure’s
continued designation as a “historic structure.”
Violation. The failure of a structure or other development to be fully compliant with Chapter XX: Flood Damage
Prevention. A structure or other development without the elevation certificate, other certifications, or other
evidence of compliance required in Chapter XX: Flood Damage Prevention is presumed to be in violation until
such time as that documentation is provided.
Water surface elevation. The height, in relation to the National Geodetic Vertical Datum (NGVD) of 1929,
North American Vertical Datum (NAVD) of 1988, or other datum, of floods of various magnitudes and
frequencies in the floodplains of coastal or riverine areas.
Watercourse. A lake, river, creek, stream, wash, arroyo, channel or other topographic feature on or over which
waters flow at least periodically. Watercourse includes specifically designated areas in which substantial flood
damage may occur.
XB zone. The area between the limits of the one percent flooding and the 0.2 percent flooding, indicated as an
X zone in the maps and formerly as a B zone in the maps.
Floor Area, Gross floor area” means the. The total area enclosed within a building, including closets, stairways, and
utility and mechanical rooms, measured from the inside face of the walls.
“Floor Area, Net. The gross floor area less areas stipulated by Section XXX, Determining floor area.
Floor Area Ratio (FAR). The net floor area of a building or buildings on a lot divided by the lot area.
Footcandle. A unit of measure of the intensity of light falling on a surface, equal to one lumen per square foot or the
intensity of light from a standardized candle burning at one foot from a given surface.
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Front Yard. The area of a residential lot that lies between the front property line and the walls of any residences that
face the street. The front yard area includes the entire yard extending across the full width of a site, the depth of which
contains all areas between the front property line back to the walls of the building which are parallel or generally face
the front property line.
17.158.018 – G Definitions
Garage. A building or portion thereof, containing accessible and usable enclosed space designed, constructed, and
maintained for the parking or storage of one or more motor vehicles.
General Plan. City of San Luis Obispo’s adopted General Plan.
Glare. The effect produced by a light source within the visual field that is sufficiently brighter than the level to which the
eyes are adapted, such as to cause annoyance, discomfort or loss of visual performance and ability.
Government Code. The Government Code of the State of California.
Grade. The location of the ground surface.
Grade, Adjacent. The lowest elevation of ground surface immediately adjacent to the building exterior wall.
Grade, Average. The average level of the highest and lowest existing grade elevation points. See Section
XXX (Height Measurement and Exceptions).
Grade, Existing. The surface of the ground or pavement at a stated location as it exists before disturbance in
preparation for a project regulated by these Zoning Regulations.
Grade, Finished. The lowest point of elevation of the finished surface of the ground, paving, or sidewalk
adjacent to the building at the completion of a project regulated by these Zoning Regulations.
Gross Floor Area. See “Floor Area.”
Ground Floor. The first floor of a building other than a cellar or basement that is closest to finished grade.
Guest quarters” means aQuarters. A separate accessory space, attached or detached, which contains bathroom
facilities including toilets, bathing facilities, showers, or sinks but does not contain a kitchen (see “kitchen” definition in
Section 17.100.110). Guest quarters may only be used in conjunction with a primary residence that contains a kitchen,
and may consist of detached structures or additions to primary structures. Guest quarters shall be no larger than four
hundred fifty square feet. Guest quarters shall comply with the requirements of Section 17.21.020. (Ord. 1606 § 5, 2014;
Ord. 1591 § 14, 2013; Ord. 1578 § 7, 2012; Ord. 1528 § 3 Ex. A (part), 2009: Ord. 1500 § 3 (part), 2007; Ord. 1438 § 2
(part), 2003)XX.050: K Definitions).
H
17.100.080 158.020 – H Definitions, “H.”
“Hazardous Materials. Any material, including any substance, waste, or combination thereof, which because of its
quantity, concentration, or physical, chemical, or infectious characteristics may cause, or significantly contribute to, a
substantial present or potential hazard to human health, safety, property, or the environment when improperly treated,
stored, transported, disposed of, or otherwise managed.
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Hedge” means a. A barrier or boundary formed by a dense row of shrubs or low trees. See also “Fence”.
“Heliport” means a designated, marked area on the ground or the top of a structure where helicopters may land at any
time.
“High occupancy residential use” means any dwelling other than a residential care facility as defined in Section
17.100.180 of this code, in the R-1 or R-2 zones when the occupancy of the dwelling consists of six or more adults.
“Home occupation” means the conduct of a business within a dwelling unit or residential site, employing only the
occupants of the dwelling, with the business activity being subordinate to the residential use of the property.
“Homeless shelter” means a church, public building, or quasi-public facility that provides emergency or
temporary shelter for more than thirty-one days in any six-month period to homeless individuals and/or groups.
These accommodations may include temporary lodging, meals, laundry facilities, bathing, counseling, and
other basic support services.
“Hospital” means a facility housing and providing a full range of medical care, including acute care, for patients who
require such care on the premises.
“Hostel” means inexpensive lodging that caters primarily, but not exclusively, to travelers who arrive by bicycle, train,
or other nonautomotive vehicles.
“Hotel” or “motel” means a facility with guest rooms or suites, with or without kitchen facilities, rented to the general
public for transient lodging. Hotels typically include a variety of services in addition to lodging; for example,
restaurants, meeting facilities, personal services, etc. Also includes accessory guest facilities such as swimming pools,
tennis courts, indoor athletic facilities, accessory retail uses, etc. (Ord. 1571 § 20, 2012; Ord. 1553 § 30, 2010; Ord.
1438 § 2 (part), 2003)
Household. One or more persons living together in a single dwelling unit, with common access to, and common use
of, all living and eating areas and all areas and facilities for the preparation and storage of food; who share living
expenses, including rent or mortgage payments, food costs and utilities; and who maintain a single mortgage, lease, or
rental agreement for all members of the household.
17.158.022 – I
17.100.090 Definitions, “I.”
“Illegal Use. Any use of land or building that does not have the currently required permits and was originally constructed
and/or established without permits required for the use at the time it was brought into existence.
Impervious surface” means aSurface. A surface that is incapable of being penetrated by water, including buildings and
paved surfaces such as parking, sidewalks, and roads.
“Industrial research and development (R&D)” means a facility for scientific research, and the design, development and
testing of electrical, electronic, magnetic, optical and computer and telecommunications components in advance of
product manufacturing, and the assembly of related products from parts produced off-site, where the manufacturing
activity is secondary to the research and development activities. Includes pharmaceutical, chemical and biotechnology
research and development. Does not include soils and other materials testing laboratories (see “laboratory – medical,
analytical, research, testing”), or medical laboratories (see “medical service – clinic, laboratory, urgent care”). (Ord.
1438 § 2 (part), 2003)
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In-lieu fee. Monetary payment to City established through ordinance that may be required of an owner or developer as
a substitute for a dedication of land or portion of land.
Intermittent use. A Temporary Use (see “Temporary Use”) that occurs no more than 90 days in a year, but which may
continue from year to year.
Irrigation Efficiency. The measurement of the amount of water beneficially used, which is the amount of water stored
in the root zone, divided by the amount of water applied. Irrigation efficiency is derived from measurements and
estimates of irrigation system characteristics and management practices.
17.158.024 – J
17.100.100 Definitions, “J.”
Reserved.
Reserved.
17.158.026 – K
17.100.110 Definitions, “K.”
“Kitchen” means an. An area within any structure including one or more of the following facilities that are capable of
being used for the preparation or cooking of food: ovens/microwave ovens, stoves, hotplates, refrigerators exceeding
six cubic feet, dishwashers, garbage disposals, sinks having a drain outlet of larger than one and one-half inches in
diameter, and cabinets, counter space, or other areas for storing food. (Ord. 1500 § 3 (part), 2007)
L
17.100.120 158.028 – L Definitions, “L.”
“Laboratory – medical, analytical, research, testing” means a facility for testing, analysis, and/or research. Examples of
this use include medical labs, soils and materials testing labs, and forensic labs. This type of facility is distinguished
from industrial research and development in its orientation more toward testing and analysis than product
development or prototyping; an industrial research and development facility may typically include this type of lab. The
“medical lab” subset of this land use type is oriented more toward specimen analysis and processing than direct blood
drawing and specimen collection from patients (see “medical service – clinic, laboratory, urgent care”), but may also
include incidental specimen collection.
“Laundries” and “dry cleaning plants” means service establishments engaged primarily in high volume laundry and
garment services, including carpet and upholstery cleaners; diaper services; dry cleaning and garment pressing;
commercial laundries; linen supply. These facilities may include accessory customer pick-up facilities. These facilities
do not include coin-operated laundries or dry cleaning pick-up stores without dry cleaning equipment; see “personal
services.”
“Libraries” and “museums” means public or quasi-public facilities, examples of which include aquariums, arboretums,
art galleries and exhibitions, botanical gardens, historic sites and exhibits, libraries, museums, planetariums, and
zoos.Landscape, Rehabilitated. Any re-landscaping project that requires a Building Permit or design review where the
modified landscape area is equal to or greater than 2,500 square feet.
Light Pollution. The night sky glow caused by the scattering of artificial light in the atmosphere.
Live/Work. An May also include accessory retail uses such as a gift/book shop, restaurant, etc.
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“Liquor store/alcohol sales” means any business selling alcoholic beverages as a primary use, including beer, wine,
distilled spirits, or hard liquor, or any other alcoholic beverages. Liquor/alcohol sales does not include grocery stores,
convenience stores, warehouse stores, or other alcohol sales authorized as part of an off-site wine tasting room or
food and beverage product manufacturing.
“Live/work unit” and “work/live unit” mean an integrated housing unit and working space, occupied and utilized by a
single household in a structure, either single-family or multifamily, that has been designed or structurally modified to
accommodate joint residential occupancy and work activity, and which includes:
A. Complete kitchen space and sanitary facilities in compliance with the city building code; and
B. Working space reserved for and regularly used by one or more occupants of the unit.
The difference between live/work and work/live units is that the “work” component of a live/work unit is secondary to its
residential useunit or multi-unit, and may include only commercial activities and pursuits that are compatible with the
character of a quiet residential environment, while the work component of a work/live unit is the primary use, to which
the residential component is secondary. May be designed or structurally modified to accommodate joint residential
occupancy and work activity, and which includes: (1) complete kitchen space and sanitary facilities in compliance with
the City building code and (2) working space reserved for and regularly used by one or more occupants of the unit. See
also Building Code definitions of live/work.
“Loft” or “mezzanine” means aLoft. See “Mezzanine” when referring to an interior floor space of an occupiable or
habitable structure.
Lot. A parcel of real property with a distinct designation delineated on an approved survey map, tract map, or parcel
map filed in the office of the County Recorder and abutting at least one public street; or a parcel of real property
containing at least the area required for the zone district in which it is located, abutting at least one public street or other
access approved by the Council, and held under separate ownership from adjoining property.
Lot, Abutting. A lot having a common property line or separated by a public path or lane, private street, or
easement to the subject lot.
Lot, Corner. A lot or parcel bounded on two or more sides by street lines that have an angle intersection that
is not more than 135 degrees.
Lot, Flag. As defined in Chapter 16.26: Definitions. See Figure 9-X: Flag Lot.
Figure 9-1: Flag Lot
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Lot, Interior. A lot bounded on one side by a street line and on all other sides by lot lines between adjacent
lots or that is bounded by more than one street with an intersection greater than one hundred thirty-five degrees.
Lot, Through. A lot having frontage on two parallel or approximately parallel streets.
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Figure 9-2: Lot Types
Lot Area. The horizontal land area within a lot expressed in square feet, acres, or other area measurement.
Lot Area, Net. See Chapter 17.XX: Lot Area.
Lot Line. The boundary between a lot and other property or the public right-of-way.
Lot Line, Front. On an interior lot, the line separating the lot from the street or lane. On a corner lot, the shorter
lot line abutting a street or lane. On a through lot, the lot line abutting the street or lane providing the primary
access to the lot. On a flag or panhandle lot, the interior lot line most parallel to and nearest the street or lane
from which access is obtained. Where no lot line is within forty-five degrees of being parallel to the rear lot line,
a line ten feet in length within the lot, parallel to and at the maximum possible distance from the rear lot line,
will be deemed the front lot line for the purpose of establishing the minimum front yard (see Figure 9-X: Irregular
Lots).
Lot Line, Rear. The lot line that is opposite and most distant from the front lot line. Where no lot line is within
forty-five degrees of being parallel to the front lot line, a line ten feet in length within the lot, parallel to and at
the maximum possible distance from the front lot line, will be deemed the rear lot line for the purpose of
establishing the minimum rear yard (see Figure 9-X: Irregular Lots).
Lot Line, Side. Any lot line that is not a front or rear lot line.
Lot Line, Street Side. A side lot line of a corner lot that is adjacent to a street.
Figure 9-3: Irregular Lots
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Low-intensity Lighting. Lighting designed to accent architectural features or signs that does not produce glare, such
as tubular neon or LED rope lighting.
17.158.030 – M Definitions
Market Value. The highest price a willing buyer would pay and a willing seller would accept, both being fully informed
and in an open market, as determined by an appraiser or other qualified professional.
Maximum Applied Water Allowance (MAWA). The upper limit of annual applied water for the established landscaped
area in Section 17.87.020. It is based upon the area’s reference evapotranspiration, the ET adjustment factor, and the
size of the landscaped area. The estimated total water use for the landscape shall not exceed the maximum applied
water allowance. Special landscape areas, including recreation areas, areas permanently and solely dedicated to edible
plants such as orchards and vegetable gardens, and areas irrigated with recycled water are subject to the MAWA with
an ETAF not to exceed 1.0.
Mezzanine. A partial or intermediate level of a building interior containing floor area without enclosing interior walls or
partitions and not separated or partitioned from the floor level below or access way (stairs and/or landing) leading to the
loftmezzanine from the floor below by a wall or any other partitions. Spaces designated as lofts whichor mezzanines
that do not fully conform to this definition shall be deemed a “bedroom.” (See also Section 17.100.020.)
“Lot” means:
A. A parcel of real property with a distinct designation delineated on an approved survey map, tract map, or parcel
map filed in the office of the county recorder and abutting at least one public street; or
B. A parcel of real property containing at least the area required for the zone district in which it is located, abutting at
least one public street or other access approved by the council, and held under separate ownership from adjoining
property. (Ord. 1591 § 6, 2013; Ord. 1578 § 8, 2012; Ord. 1438 § 2 (part), 2003)
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M
Minor Addition. See “Addition”.
Municipal Code. The City of San Luis Obispo Municipal Code.
17.100.130 158.032 – N Definitions, “M.”
“Maintenance service” and “client site services” mean base facilities for various businesses that provide services on
the premises of their clients. Includes gardening, janitorial, pest control, water and smoke damage recovery, and
similar services; and appliance, computer, electronics, elevator, equipment, HVAC, instrument, plumbing, and other
maintenance and repair services not operating from a retail establishment that sells the products being maintained or
repaired. When these services operate from a retail establishment that sells the products being maintained or
repaired, they are instead considered part of the retail use. Does not include office-only facilities with no storage of the
equipment and/or vehicles used by the service, which are included under “office – production and administrative.”
“Manufacturing – heavy” means a facility accommodating manufacturing processes that involve and/or produce basic
metals, building materials, chemicals, fabricated metals, paper products, machinery, textiles, and/or transportation
equipment, where the intensity and/or scale of operations may cause impacts on surrounding land uses or the
community. Examples of heavy manufacturing uses include the following:
A. “Chemical product manufacturing” means an establishment that produces or uses basic chemicals, and other
establishments creating products predominantly by chemical processes. Examples of these products include basic
chemicals, including acids, alkalies, salts, and organic chemicals; chemical products to be used in further
manufacture, including synthetic fibers, plastic materials, dry colors, and pigments; and finished chemical products
to be used for ultimate consumption, including drugs/pharmaceuticals, cosmetics, and soaps; or to be used as
materials or supplies in other industries including paints, fertilizers, and explosives. Also includes sales and
transportation establishments handling the chemicals described above, except as part of retail trade.
B. “Concrete, gypsum, and plaster product manufacturing” means an establishment that produces bulk concrete,
concrete building block, brick, and/or other types of precast and prefabricated concrete products. Also includes
ready-mix concrete batch plants, lime manufacturing, and the manufacture of gypsum products, including
plasterboard. A retail ready-mix concrete operation as an incidental use in conjunction with a building materials
outlet is defined under “building and landscape materials sales.”
C. “Glass product manufacturing” means an establishment that manufactures glass and/or glass products by melting
silica sand or cullet, including the production of flat glass and other glass products that are pressed, blown, or
shaped from glass produced in the same establishment. Artisan and craftsman type operations of a larger scale
than home occupations are instead included under “manufacturing – light – handcraft industries, small-scale
manufacturing.”
D. “Lumber and wood product manufacturing” means manufacturing, processing, and sales involving the milling of
forest products to produce rough and finished lumber and other wood materials for use in other manufacturing, craft,
or construction processes. Includes the following processes and products:
1. Containers, pallets and skids;
2. Matches (wood);
3. Milling operations;
4. Trusses and structural beams;
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5. Turning and shaping of wood products;
6. Wholesaling of basic wood products;
7. Wood product assembly.
Does not include craft-type shops (“handcraft industries and small-scale manufacturing”); other wood and
cabinet shops (“furniture and fixture manufacturing, cabinet shops”); or the entirely indoor retail sale of
building materials, construction tools and equipment (“building and landscape materials sales”).
E. “Machinery manufacturing” means an establishment that makes or processes raw materials into finished machines
or parts for machines. Does not include the manufacture of electronics, equipment, or appliances (“electronics,
equipment, and appliance manufacturing”).
F. “Metal products fabrication, machine and welding shops” means establishments engaged in the production and/or
assembly of metal parts, including the production of metal cabinets and enclosures, cans and shipping containers,
doors and gates, duct work,forgings and stampings, hardware and tools, plumbing fixtures and products, tanks,
towers, and similar products. Examples of these uses include:
1. Blacksmith and welding shops;
2. Plating, stripping, and coating shops;
3. Sheet metal shops;
4. Machine shops and boiler shops.
G. “Motor vehicles and transportation equipment” means manufacturers of equipment for transporting passengers and
cargo by land, air and water, including motor vehicles, aircraft, spacecraft, ships, boats, railroad and other vehicles
such as motorcycles, bicycles and snowmobiles. Includes manufacture of motor vehicle parts and accessories;
trailers and campers for attachment to other vehicles; self-contained motor homes; and van conversions. Does not
include mobile home and modular home assembly (listed under “lumber and wood product manufacturing”).
H. “Paving and roofing materials manufacturing” means the manufacture of various common paving and petroleum-
based roofing materials, including bulk asphalt, paving blocks made of asphalt, creosote wood, and various
compositions of asphalt and tar. Does not include the manufacture of wood roofing materials (shingles, shakes, etc.)
(“lumber and wood product manufacturing”).
I. “Petroleum refining and related industries” means industrial plants for purifying petroleum, and the compounding of
lubricating oils and greases from purchased materials. Also includes oil or gas processing facilities, liquefied natural
gas (LNG) facilities, the manufacture of petroleum coke and fuel briquettes, tank farms, and terminal facilities for
pipelines. Does not include petroleum pipeline surge tanks and pump stations (“public utility facilities”), or petroleum
product distributors (“petroleum product storage and distribution”).
J. “Plastics, other synthetics, and rubber product manufacturing” means the manufacture of rubber products including
tires, rubber footwear, mechanical rubber goods, heels and soles, flooring, and other rubber products from natural,
synthetic, or reclaimed rubber. Also includes establishments engaged primarily in manufacturing tires; products from
recycled or reclaimed plastics or styrofoam; molding primary plastics for other manufacturers, manufacturing
miscellaneous finished plastics products, fiberglass manufacturing, and fiberglass application services. Does not
include establishments engaged primarily in recapping and retreading automobile tires (“vehicle services – major
repair/body work”).
K. “Primary metal industries” means establishments engaged in the smelting and refining of ferrous and nonferrous
metals from ore, pig, or scrap; the rolling, drawing, and alloying of metals; the manufacture of castings, forgings,
stampings, extrusions, and other basic metal products; and the manufacturing of nails, spikes, and insulated wire
and cable. Also includes merchant blast furnaces and byproduct or beehive coke ovens.
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L. “Pulp and pulp product manufacturing” means an establishment that manufactures pulp, paper, or paperboard.
Includes pulp, paper, and paperboard mills. Does not include establishments primarily engaged in converting paper
or paperboard without manufacturing the paper or paperboard, including envelope manufacturing, converted paper
products, paper coating and glazing, paper bags, assembly of paperboard boxes, wallpaper (“manufacturing, light
manufacturing, paper product manufacturing”).
M. “Stone and cut stone product manufacturing” means an establishment that cuts, shapes, and/or finishes marble,
granite, slate, and/or other stone for construction and miscellaneous uses. Does not include establishments
engaged primarily in buying or selling partly finished monuments and tombstones (“handcraft industries, small-scale
manufacturing”).
N. “Structural clay and pottery product manufacturing” means an establishment that produces brick and structural clay
products, including pipe, china plumbing fixtures, vitreous china articles, and/or fine earthenware and porcelain
products. Does not include artist/craftsman uses (see “handcraft industries, small-scale manufacturing,” “home
occupations”).
O. “Textile and leather product manufacturing” means an establishment that converts basic fibers (natural or synthetic)
into a product, including yarn or fabric, that can be further manufactured into usable items (“fabric product
manufacturing”), and industries that transform hides into leather by tanning or curing. Includes:
1. Coating, waterproofing, or otherwise treating fabric;
2. Dressed and dyed furs;
3. Dying and finishing fiber, yarn, fabric, and knit apparel;
4. Leather – tanned, curried, and finished;
5. Manufacture of knit apparel and other finished products from yarn;
6. Manufacture of felt goods, lace goods, nonwoven fabrics and miscellaneous textiles;
7. Manufacturing of woven fabric, carpets, and rugs from yarn;
8. Preparation of fiber and subsequent manufacturing of yarn, threads, braids, twine cordage;
9. Scouring and combing plants;
10. Upholstery manufacturing;
11. Yarn and thread mills.
“Manufacturing – light” means a facility accommodating manufacturing processes involving and/or producing: apparel;
food and beverage products; electronic, optical, and instrumentation products; ice; jewelry; and musical instruments.
Light manufacturing also includes other establishments engaged in the assembly, fabrication, and conversion of
already processed raw materials into products, where the operational characteristics of the manufacturing processes
and the materials used are unlikely to cause significant impacts on surrounding land uses or the community. Examples
of light manufacturing uses include the following.
A. “Clothing and fabric product manufacturing” means an establishment that assembles clothing, draperies, and/or
other products by cutting and sewing purchased textile fabrics, and related materials including leather, rubberized
fabrics, plastics and furs. Does not include custom tailors and dressmakers not operating as a factory and not
located on the site of a clothing store (see “personal services”). See also “manufacturing – heavy – textile and
leather product manufacturing.”
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B. “Electronics, equipment, and appliance manufacturing” means an establishment that manufactures equipment,
apparatus, and/or supplies for the generation, storage, transmission, transformation and use of electrical energy,
including:
1. Appliances such as stoves/ovens, refrigerators, freezers, laundry equipment, fans, vacuum cleaners,
sewing machines;
2. Aviation instruments;
3. Computers, computer components, peripherals;
4. Electrical transmission and distribution equipment;
5. Electronic components and accessories, semiconductors, integrated circuits, related devices;
6. Electrical welding apparatus;
7. Lighting and wiring equipment such as lamps and fixtures, wiring devices, vehicle lighting;
8. Industrial apparatus;
9. Industrial controls, instruments for measurement, testing, analysis and control, associated sensors and
accessories;
10. Miscellaneous electrical machinery, equipment and supplies such as batteries, X-ray apparatus and
tubes, electromedical and electrotherapeutic apparatus, electrical equipment for internal combustion
engines;
11. Motors and generators;
12. Optical instruments and lenses;
13. Photographic equipment and supplies;
14. Pre-recorded magnetic tape;
15. Radio and television receiving equipment such as television and radio sets, phonograph records and
surgical, medical and dental instruments, equipment, and supplies;
16. Surveying and drafting instruments;
17. Telephone and telegraph apparatus;
18. Transformers, switch gear and switchboards;
19. Watches and clocks.
Does not include testing laboratories (soils, materials testing, etc.) (see “business support services”), or
research and development facilities separate from manufacturing (see “research and development”).
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C. “Food and beverage product manufacturing” means manufacturing establishments producing or processing foods
and beverages for human consumption, and certain related products. Examples of these uses include:
1. Bottling plants;
2. Breweries;
3. Candy, sugar and confectionery products manufacturing;
4. Catering services separate from stores or restaurants;
5. Coffee roasting;
6. Dairy products manufacturing;
7. Fats and oil product manufacturing;
8. Fruit and vegetable canning, preserving, related processing;
9. Grain mill products and byproducts;
10. Meat, poultry, and seafood canning, curing, byproduct processing;
11. Soft drink production;
12. Miscellaneous food item preparation from raw products.
Does not include bakeries, which are separately defined; or beer brewing as part of a brew pub, bar or
restaurant (see “bar/tavern,” and “night club”).
D. “Handcraft industries, small-scale manufacturing” means establishments manufacturing and/or assembling small
products primarily by hand, including jewelry, pottery and other ceramics, as well as small glass and metal art and
craft products. Also includes manufacturing establishments producing small products not classified in another major
manufacturing group, including brooms and brushes; buttons, costume novelties; jewelry; musical instruments;
pens, pencils, and other office and artists’ materials; sporting and athletic goods; toys; etc.
E. “Paper product manufacturing” means an establishment that converts pre-manufactured paper or paperboard into
boxes, envelopes, paper bags, wallpaper, etc., and/or that coats or glazes pre-manufactured paper. Does not
include the manufacturing of pulp, paper, or paperboard (see “manufacturing – heavy – pulp and pulp product
manufacturing”).
“Media production” means fixed-base facilities for motion picture, television, video, sound, computer, and other
communications production. These facilities include the following types:
1. Backlots/Outdoor Facilities and Soundstages. Outdoor sets, backlots, and other outdoor facilities and
warehouse-type facilities providing space for the construction and use of indoor sets, including supporting
workshops and craft shops.
2. Broadcast Studios. Workplaces where movies, television shows or radio programs are produced and
recorded, including administrative and technical production, administrative and production support offices,
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post-production facilities (editing and sound recording studios, foley stages, etc.), optical and special effects
units, film processing laboratories, etc.
“Medical service – doctor office” means a facility other than a hospital where medical, dental, mental health, surgical,
and/or other personal health care services are provided on an outpatient basis, and that accommodates no more than
five licensed primary practitioners (for example, chiropractors, medical doctors, psychiatrists, etc.). Counseling
services by other than medical doctors or psychiatrists are included under “offices – professional.” Does not include
sports therapy that provides on-site fitness equipment, which is instead included under “fitness/health facility.”
“Medical service – clinic, laboratory, urgent care” means a facility other than a hospital where medical, mental health,
surgical and other personal health services are provided on an outpatient basis. Examples of these uses include:
A. Medical and dental laboratories;
B. Medical offices with six or more licensed practitioners and/or medical specialties;
C. Outpatient care facilities;
D. Urgent care facilities;
E. Other allied health services.
Counseling services by other than medical doctors or psychiatrists are included under “offices – professional.”
“Medical service – extended care” means residential facilities providing nursing and health-related care as a primary
use with inpatient beds. Examples of these uses include board and care homes; convalescent and rest homes;
extended care facilities; and skilled nursing facilities. Long-term personal care facilities that do not emphasize medical
treatment are included under “residential care.”
“Medical service – hospital” means hospitals and similar facilities engaged primarily in providing diagnostic services,
and extensive medical treatment, including surgical and other hospital services. These establishments have an
organized medical staff, inpatient beds, and equipment and facilities to provide complete health care. May include on-
site accessory clinics and laboratories, accessory retail uses and emergency heliports (see the separate definition of
“accessory retail and services”).
“Minor addition” means additions comprising less than fifty percent increase in total building area, constructed in
compliance with current regulations.
“Minor nonconforming addition” means extension of the nonconforming feature of an existing building by no more than
fifty percent.
“Mixed use project” means a project that combines both nonresidential and residential uses, where the residential
component is typically located above or behind the commercial.
“Mobile home, RV, and boat sales” means retail establishments selling both mobile home dwelling units and/or various
vehicles and watercraft for recreational uses. Includes the sales of boats, campers and camper shells, jet skis, mobile
homes, motor homes, and travel trailers.
“Mobile home park” means a parcel of land under one or more ownerships that has been planned and improved for
the placement of two or more mobile homes, as the term “mobile home” is defined in California Civil Code Section
798.3 or successor provision of the California Mobilehome Residency Law, for nontransient use.
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“Mortuaries” and “funeral homes” means funeral homes and parlors, where deceased are prepared for burial or
cremation, funeral services may be conducted, and cremation may occur.
“Multifamily dwelling” means a dwelling unit that is part of a structure containing one or more other dwelling units, or a
nonresidential use. An example of the latter is a mixed use project where, for example, one or more dwelling units are
part of a structure that also contains one or more commercial uses (retail, office, etc.). Multifamily dwellings include
duplexes, triplexes, fourplexes (buildings under one ownership with two, three or four dwelling units, respectively, in
the same structure); apartments (five or more units under one ownership in a single building); and townhouse
development (three or more attached dwellings where no unit is located over another unit). Does not include
secondary units, which are defined in Chapter 17.21. (Ord. 1528 § 3 Ex. A (part), 2009; Ord. 1500 § 3 (part), 2007;
Ord. 1438 § 2 (part), 2003)
N
Nonconforming. A use, structure, or lot, which was lawfully erected, altered, maintained or formed, but which,
because of the application of this Title to it, no longer conforms to the specific regulations applicable to the
zone in which it is located.
Nonconforming Building. See “Nonconforming Structure”.
Nonconforming Lot. See Chapter 17.XX (Nonconforming Lots).
Nonconforming Parking. See Section 17.xx.xxx (Nonconforming Parking).
Nonconforming Structure. See Chapter 17.100.140 XX (Nonconforming Structures).
Nonconforming Use. See Chapter 17.XX (Nonconforming Uses).
17.158.034 – O Definitions, “N.”
“Night club” means a facility providing entertainment, examples of which include live or recorded music and/or
dancing, comedy, disc jockeys, etc., which may also serve alcoholic beverages for on-site consumption. Does not
include ambient music, which is defined separately. (Ord. 1528 § 3 Ex. A (part), 2009: Ord. 1500 § 3 (part), 2007: Ord.
1438 § 2 (part), 2003)
O
17.100.150 Definitions, “O.”
An “office,” in these zoning regulations, is distinguished between the following types of offices. These do not include
medical offices (see “medical service – clinic, laboratory, urgent care,” and “medical service – doctor office.”)
A. “Accessory” means an office facility that is incidental and accessory to another business or sales activity that is the
primary use.
B. “Business and service” means an establishment providing direct services to consumers. Examples of these uses
includeOn-site. Located on the lot that is the subject of discussion.
Owner Occupancy. A lawfully allowed 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.
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Outdoor Storage. The keeping, in an unroofed area, of any goods, junk, material, merchandise, or vehicles in the same
place for more than twenty-four hours, except for the keeping of building materials reasonably required for construction
work on the premises pursuant to a valid and current building permit issued by the City.
:
1. Employment agencies;
2. Insurance agent offices (small-scale customer service offices, not administrative, see subsection E of this
definition);
3. Real estate offices;
4. Travel agencies;
5. Utility company payment offices (not administrative, see subsection E of this definition).
This use does not include banks and financial services, which are separately defined.
C. “Government” means administrative, clerical, or public contact and/or service offices of a city, other local, state, or
federal government agency or service facilities. Includes post offices, but not bulk mailing distribution centers, which
are under “truck and freight terminals.”
D. “Processing” means an office-type facility characterized by high employee density, with little or no public visitation,
and occupied by a business engaged in information processing, or other computer-dependent and/or
telecommunications-based activities. Examples of these uses include:
1. Airline, lodging chain, and rental car company reservation centers;
2. Computer software and hardware design and development;
3. Consumer credit reporting;
4. Data processing services;
5. Health management organization (HMO) offices where no medical services are provided;
6. Insurance claim processing;
7. Mail order and electronic commerce transaction processing;
8. Telecommunications facility design and management;
9. Telemarketing.
E. “Production and administrative” means an office-type facility used for administrative purposes, and/or
occupied by a business engaged in the production of intellectual property. Examples of these uses include:
1. Advertising agencies;
2. Commercial art and design services;
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3. Construction contractors (office facilities only);
4. Design services including architecture, engineering, landscape architecture, urban planning;
5. Educational, scientific and research organizations;
6. Media postproduction services;
7. News services;
8. Photography studios;
9. Utility company administrative offices;
10. Writers’ and artists’ offices.
F. “Professional” means an office-type facility occupied by a business providing professional services. Examples of
these uses include:
1. Accounting, auditing and bookkeeping services;
2. Attorneys;
3. Counseling services;
4. Court reporting services;
5. Detective agencies and similar services;
6. Financial management and investment counseling;
7. Literary and talent agencies;
8. Management and public relations services;
9. Psychologists;
10. Secretarial, stenographic, word processing, and temporary clerical employee services;
11. Security and commodity brokers.
G. “Temporary” means a mobile home, recreational vehicle or modular unit used as a temporary office facility.
Temporary offices may include construction supervision offices on a construction site or off-site construction yard; a
temporary on-site real estate office for a development project; or a temporary business office in advance of
permanent facility construction.
H. “Temporary real estate” means the temporary use of a dwelling unit within a residential development project as a
sales office for the units on the same site, which is converted to residential use at the conclusion of its office use.
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“Office-supporting retail” means a retail store that carries one or more types of merchandise that will typically be of
frequent interest to and/or needed by the various businesses listed under the definition of “office,” and/or the
employees of those businesses. Examples of these types of merchandise include:
A. Computer equipment;
B. Office supplies, stationery;
C. Newsstands;
D. Photographic supplies and cameras.
“One-bedroom dwelling” means a one-bedroom dwelling unit with not more than one thousand square feet of gross
floor area. The floor area in a loft is included as part of the gross floor area calculation.
“Outdoor sales” means the sale of items regularly stored or displayed outside a building, where such items are visible
from a public right-of-way or neighboring property.
“Overlay zone” means aZone. A zone applied in combination with other zone districts in order to impose additional
restrictions or to allow greater variety than is possible with the underlying zone. (Ord. 1591 § 16, 2013; Ord. 1528 § 3
Ex. A (part), 2009; Ord. 1438 § 2 (part), 2003)
P
17.100.160 158.036 – P Definitions, “P.”
“Parcel. See "Lot".
Parking facility” meansArea. An area of a surface parking lot or parking, structure that is a primary use of a site.
“Park, playground” means public parks, play lots, and playgrounds, providing noncommercial facilities for active and/or
passive recreation for neighborhood or community use. These facilities may also include , or any listed under the
definition of “sports and active recreation facility.”
“Personal services” means establishments providing nonmedical services to individuals as a primary use. Examples of
these uses include: barber and beauty shops; clothing rental; dry cleaning pick-up stores with limited equipment; home
electronics and small appliance repair; laundromats (self-service laundries); massage (licensed, therapeutic,
nonsexual); shoe repair shops; tailors; tanning salons; pet grooming (indoor use only, no overnight boarding). These
uses may also include accessory retail sales of products related to the services provided.
“Personal services – restricted” means personal services that may tend to have a blighting and/or deteriorating effect
upon surrounding areas and which may need to be dispersed to minimize their adverse impacts. Examples of these
uses include:
A. Check cashing;
B. Fortune tellers, psychics;
C. Palm and card readers;
D. Tattoo and body piercing services.
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“Photo and film processing lab” means a facility that provides high volume and/or custom processing services for
photographic negative film, transparencies, and/or prints, where the processed products are delivered to off-site retail
outlets for customer pick-up. Does not include small-scale photo processing machines accessory to other retail
businesses, which are allowed as part of those businesses; or small-scale retail photofinishing services that provide
over-the-counter processing services to individual customers, which are included in the definition of “business support
services.”
“Printing and publishing” means establishments engaged in printing by letterpress, lithography, gravure, screen, offset,
or electrostatic (xerographic) copying; and other establishments serving the printing trade such as bookbinding,
typesetting, engraving, photoengraving and electrotyping. This use also includes establishments that publish
newspapers, books and periodicals; establishments manufacturing business forms and binding devices. “Quick
printing” services are included in the definition of “business support services.”
“Private club” (or “lodge”) means a premises accommodating bona fide members and their guests only, for social,
cultural or educational activities, and only incidentally used for gatherings of other than the club’s members.
“Produce stand” means a temporary facility for selling seasonal goods such as fruits, vegetables and plants.
“Public assembly facility” means an indoor facility for public assembly and group entertainment, other than sporting
events. Examples of these facilities include:
A. Community centers;
B. Exhibition and convention halls;
C. Public and semi-public auditoriums;
D. Similar public assembly uses.
“Public safety facility” means a facility operated by public agenciesarea, including fire stations, other fire prevention and
fire fighting facilities, police and sheriff substations and headquarters, including interim incarceration facilitiesdriveways,
which is designed for and the primary purpose of which is to provide for the temporary storage of operable motor
vehicles.
“Public utility facilities” means fixed-base structures and facilities serving as junction points for transferring electric
utility services from one transmission voltage to another or to local distribution and service voltages, and similar
facilities for water supply and natural gas distribution. This use type may also include administrative and customer
service offices (also included under “offices”), and includes any of the following that are not exempted from land use
permit requirements by Government Code Section 53091:
A. Corporation and maintenance yards;
B. Electrical substations and switching stations;
C. Natural gas regulating and distribution facilities;
D. Public water system wells, treatment plants and storage;
E. Telephone switching facilities;
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F. Wastewater treatment plants, settling ponds and disposal fields. (Ord. 1553 § 31, 2010; Ord. 1528 § 3 Ex. A (part),
2009; Ord. 1500 § 3 (part), 2007; Ord. 1438 § 2 (part), 2003)
Parking, Bicycle. A covered or uncovered area equipped with a rack or racks designed and usable for the secure,
temporary storage of bicycles.
Parking Management Plan. A document that outlines how site parking will be regulated and includes provisions to
reduce parking demand, including but not limited to availability of transit in close proximity, access to a car share program
and access to information regarding alternative transportation programs.
Person. Any individual, firm, association, organization, partnership, business trust, company, or corporation.
Planning Commission. City of San Luis Obispo Planning Commission.
Preexisting. In existence prior to the effective date of the ordinance codified in this title.
Primary Unit. The existing single-unit residential structure on the site when used in the application of Accessory
Dwelling Unit regulations.
Principal Building. See Building, Principal.
Project. Any proposal for a new or changed use or for new construction, alteration, or enlargement of any structure,
that is subject to the provisions of this ordinance. This term includes, but is not limited to, any action that qualifies as a
“project” as defined by the California Environmental Quality Act.
Project Applicant. The individual or entity submitting entitlement plans required under this Title. A project applicant
may be the property owner or the property owner’s designee.
Public Art. Work of art installed either on or off site, as part of new development, in conformance with the standards
identified in Section 17.xx.xxx (Public Art Requirements for Private Development). The definitions of “work of art” shall
include, but not be limited to, sculpture, monuments, murals, frescoes, bas-relief, mobiles, drawings, paintings, graphic
arts, mosaics, photographs, fountains, decorative arts, ceramics, carving and stained glass located in or on a public
place. Public Art does not include landscaping, paving, architectural ornamentation, or signs.
Public Place. Land or buildings owned by the City or others which are accessible to the general public.
Public Resources Code. The Public Resources Code of the State of California.
Public Works Department. City of San Luis Obispo Public Works Department.
Public Works Director. City of San Luis Obispo Public Works Director, or someone designated by him or her to act on
his or her behalf.
17.158.038 – Q
17.100.170 Definitions, “Q.”
Reserved.
R
“Reserved.
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17.158.040 – R Definitions
Real Property. Land and improvements, if any, including anything permanently affixed to the land, such as buildings,
walls, fences, and paved areas.
Reasonable accommodation” means providingAccommodation. Providing disabled persons flexibility in the
application of land use and zoning regulationsZoning Regulations and procedures, or even waiving certain requirements,
when necessary to eliminate barriers to housing opportunities. It may include adjustments to standards such as yard
area modifications for ramps, handrails or other such accessibility improvements; hardscape additions, such as widened
driveways, parking area or walkways; building additions for accessibility; tree removal; or reduced off-street parking
where the disability clearly limits the number of people operating vehicles. Reasonable accommodation does not include
an accommodation which would (1) impose an undue financial or administrative burden on the cityCity or (2) require a
fundamental alteration in the nature of the city’s land use and zoning program. (Ord. 1602 § 3 (part), 2014) (MIG note:
from 17.61.020 Definitions)City’s Zoning Regulations.
17.100.180 Definitions, “R.”
“Recreational vehicle” means anyVehicle. Any trailer, camper, motor home or other vehicle designed and intended for
traveling and recreational purposes.
“Recycling facilities” means a land use type that includes a variety of facilities involved with the collection, sorting and
processing of recyclable materials.
A. “Collection facility” means a center where the public may donate, redeem or sell recyclable materials, which may
include the following, where allowed by the applicable zoning district:
1. Reverse vending machines;
2. Small collection facilities which occupy an area of three hundred fifty square feet or less and may include:
a. A mobile unit;
b. Bulk reverse vending machines or a grouping of reverse vending machines occupying more than
fifty square feet; and
c. Kiosk-type units which may include permanent structures.
3. Large collection facilities which occupy an area of more than three hundred fifty square feet
and/or include permanent structures.
B. “Mobile recycling unit” means an automobile, truck, trailer, or van used for the collection of recyclable materials,
carrying bins, boxes, or other containers.
C. “Processing facility” means a structure or enclosed space used for the collection and processing of recyclable
materials for shipment, or to an end-user’s specifications, by such means as baling, briquetting, cleaning,
compacting, crushing, flattening, grinding, mechanical sorting, remanufacturing and shredding. Processing facilities
include the following types, both of which are included under the definition of “scrap and dismantling yards,” below:
1. Light processing facility occupies an area of under forty-five thousand square feet of collection, processing
and storage area, and averages two outbound truck shipments each day. Light processing facilities are
limited to baling, briquetting, compacting, crushing, grinding, shredding and sorting of source separated
recyclable materials sufficient to qualify as a certified processing facility. A light processing facility shall not
shred, compact, or bale ferrous metals other than food and beverage containers; and
2. A heavy processing facility is any processing facility other than a light processing facility.
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D. “Recycling facility” means a center for the collection and/or processing of recyclable materials. A “certified”
recycling or processing facility is certified by the California Department of Conservation as meeting the requirements
of the California Beverage Container Recycling and Litter Reduction Act of 1986. A recycling facility does not
include storage containers located on a residentially, commercially or industrially designated site used solely for the
recycling of material generated on the site. See “collection facility” above.
E. “Recycling or recyclable material” means reusable domestic containers and other materials which can be
reconstituted, remanufactured, or reused in an altered form, including glass, metals, paper and plastic. Recyclable
material does not include refuse or hazardous materials.
F. “Reverse vending machine” means an automated mechanical device which accepts at least one or more types of
empty beverage containers and issues a cash refund or a redeemable credit slip with a value not less than the
container’s redemption value, as determined by state law. These vending machines may accept aluminum cans,
glass and plastic bottles, and other containers.
A bulk reverse vending machine is a reverse vending machine that is larger than fifty square feet, is designed to
accept more than one container at a time, and issues a cash refund based on total weight instead of by container.
G. “Scrap and dismantling yards” means outdoor establishments primarily engaged in assembling, breaking up,
sorting, and the temporary storage and distribution of recyclable or reusable scrap and waste materials, including
auto wreckers engaged in dismantling automobiles for scrap, and the incidental wholesale or retail sales of parts
from those vehicles. Includes light and heavy processing facilities for recycling (see the definitions above). Does not
include places where these activities are conducted entirely within buildings; pawn shops, and other secondhand
stores; the sale of operative used cars; or landfills or other waste disposal sites.
“Religious facility” means a facility operated by religious organizations for worship, or the promotion of religious activities,
including churches, mosques, synagogues, temples, etc.; and accessory uses on the same site, including living quarters
for ministers and staff, child day care facilities and religious schools where authorized by the same type of land use
permit required for the religious facility itself. May also include fund-raising sales, bazaars, dinners, parties, or other
outdoor events on the same site. Other establishments maintained by religious organizations, including full-time
educational institutions, hospitals and other related operations, are classified according to their respective activities.
“Repair services” means establishments providing repair services for large equipment and appliances primarily serving
businesses. Repair services for individuals are separately defined under “personal services.”
“Residential care” means a single dwelling unit or multiple-unit facility licensed or supervised by any federal, state, or
local health/welfare agency that provides twenty-four-hour nonmedical care of unrelated persons who are
handicapped and in need of personal services, supervision, or assistance essential for sustaining the activities of daily
living or for the protection of the individual in a family-like environment.
“Residential hospice facility” means residential facilities licensed or supervised by any federal, state, or local
health/welfare agency that provide twenty-four-hour medical and/or nonmedical services for patients under the care of
a licensed Medicare certified hospice agency.
“Residential support services” means an establishment with a gross floor area no greater than three thousand square
feet that provides services to residences and residential home offices. Examples of these services include:
A. Computer-related services (rental, repair);
B. Copying and quick printing services;
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C. Mailing and mail box services.
“Rest home” means a residential facility for six or more elderly or infirm persons, all of whom are independently mobile
and do not require confinement or regular nursing or medical care on the premises. Rest home differs from a
“convalescent hospital” in that it is expected to provide comfort, safety, social participation, and the maintenance of
health and activity, but does not provide skilled nursing care for the ill.
“Restaurant” means a retail business selling ready-to-eat food for on- or off-premises consumption, which does not
include alcohol service after eleven p.m. This includes eating establishments where customers are served from a
walk-up ordering counter for either on- or off-premises consumption, establishments where most customers are
served food at tables for on-premises consumption, but may also provide food for take-out, and establishments that
provide food for off-premises consumption only. Includes coffee houses, donut shops, delicatessens, etc. Does not
include restaurants with drive-through ordering or service. “Restaurant” means a place which is regularly and in a
bona fide manner used and kept open for the serving of meals to guests for compensation and which has suitable
kitchen facilities connected therewith, containing conveniences for cooking an assortment of foods which may be
required for such meals.
“Restaurant with late-hour alcohol service” means a restaurant which provides alcohol service after eleven p.m.
“Replacement Unit. A dwelling which is built, moved, or remodeled to replace a residential unit lost through demolition
or remodeling or conversion to nonresidential use.
Review Authority. The body responsible for making decisions on zoning and related applications.
Right-of-way. A strip of land acquired by reservation, dedication, forced dedication, prescription or condemnation and
intended to be occupied or occupied by a road, railroad, electric transmission lines, oil or gas pipeline, water line, sanitary
storm sewer or other similar use.
Riparian vegetation” means thoseVegetation. Those herbaceous plants, shrubs, and trees which are naturally
associated with stream side environments, and with roots and branches extending in or over a creek channel. (A list of
riparian vegetation is available at the community development department.) (Ord. 1578 §§ 9, 10, 2012; Ord. 1528 § 3
Ex. A (part), 2009; Ord. 1438 § 2 (part), 2003)
S
Roof Deck. See “Deck.” See also Section XXX (Rooftop Uses).
17.100.190 158.042 – S Definitions, “S.”
“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.
“School” means public and private educational institutions, including:
A. Boarding schools;
B. Business, secretarial, and vocational schools;
C. Community colleges, colleges and universities;
D. Elementary, middle, and junior high schools;
E. Establishments providing courses by mail;
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F. High schools;
G. Military academies;
H. Professional schools (law, medicine, etc.);
I. Seminaries/religious ministry training facilities;
J. Also includes specialized schools offering instruction in the following:
1. Art;
2. Ballet and other dance;
3. Computers and electronics;
4. Drama;
5. Driver education;
6. Language;
7. Music.
Also includes facilities, institutions and conference centers that offer specialized programs in personal growth and
development, such as arts, environmental awareness, communications, and management. Does not include pre-
schools and child day care centers (see “day care”). See also the definition of “studios – art, dance, music,
photography, etc.” for smaller-scale facilities offering specialized instruction.
Service Station. “Service station” means any business where motor fuel is offered for retail sale, whether or not in
conjunction with minor retail uses such as mini markets and similar ancillary uses.
“Service station” includes the sale and installation of tires, batteries and automotive accessories; lubrications; and the
testing, adjustment and repair of motor parts, brakes, tires and accessories. It also includes accessory sales of fuel oil,
butane, propane, and liquefied petroleum gas (LPG). Service station does not include steam cleaning, mechanical car
washing, tire recapping, body or chassis repair or painting, which are instead included under “vehicle services”; or the
sale, rental or storage of motor vehicles, trailers or other equipment, which are included under “auto and vehicle
sales/rental.” “Service station” does not include separate retail or other nonrelated commercial uses on the same
property that have independent points of sale separated from the motor fuel point of sale by a distance of at least two
hundred fifty feet. A point of sale shall be defined as the actual location of the transaction including, but not limited to,
a cash register or automated payment station.
“Setback line” means anScreening. A wall, fence, hedge, informal planting, or berm, provided for the purpose of
buffering a building or activity from neighboring areas or from the street.
Self-sufficiency Program. 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.
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Setback. The distance from which a structure, parking area, or other development feature must be separated from a
prescribed lot line, easement, or other feature (see Figure 9-4: Setbacks), and as specified in the development
regulations of each zone. See also Chapter XX (Setbacks).
Figure 9-4: Setbacks
Setback, Front. The minimum distance required between a structure and the front property line.
Setback, Side. The minimum distance required between a structure and a side property line. Also referred to
as “interior side setback”.
Setback, Street Side. On a corner lot, the minimum distance required between a structure and the property
line along the side lot line that is adjacent to a street. See Figure 9-X: Street Side Setback.
Figure 9-5: Street Side Setback
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Setback, Rear. The minimum distance required between a structure and the rear property line.
Setback Line. An officially adopted line determining the extent of a future street or other public right-of-way.
“Shopping center” means a. A development consisting of at least five separate establishments with a minimum area
of fifty thousand50,000 square feet, a site with a minimum of three hundred300 feet of frontage and shared common
drives and off-street parking.
“Single-family dwelling” means a building designed for and/or occupied exclusively by one family or one or more
persons occupying premises and living as a single housekeeping unit, which is not attached to or located on a lot with
commercial uses. Single-family dwellings contain one dwelling on one lot. Single-family dwellings may also include
approved accessory dwelling units. Also includes factory-built, modular housing units, constructed in compliance with
the Uniform Building Code (UBC), and mobile homes/manufactured housing units that comply with the National
Manufactured Housing Construction and Safety Standards Act of 1974, placed on permanent foundations.
“Social service organization” means a public or quasi-public establishment providing social and/or rehabilitation
services, examples of which include counseling centers, employment agencies, job counseling and training centers,
vocational rehabilitation agencies, and welfare offices. These organizations serve the unemployed, persons with social
or personal problems, persons requiring special services, the handicapped, or otherwise disadvantaged. Includes
organizations soliciting funds to be used directly for these and related services, and establishments engaged in
community improvement and neighborhood development. Does not include day care services, homeless shelters, or
residential care, which are separately defined.
“Sidewalk. A paved, surfaced, or leveled area, paralleling and usually separated from the street, used as a pedestrian
walkway.
Site. A lot, or group of contiguous lots, that is proposed for development in accordance with the provisions of this title
and is in a single ownership or under unified control.
Slope. An inclined ground surface the inclination of which is expressed as a ratio of horizontal distance to vertical
distance (i.e. 2:1 or 1:1) or as a percentage (i.e. 50% or 100%).
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Slope, Average. For the purpose of the hillside development standards, the term "average slope" shall be
defined as the relationship between the change in elevation (rise) of the land and the horizontal distance (run)
over which that change in elevation occurs.
Specific plan” means aPlan. A plan for a designated area within the cityCity, based on the general planGeneral Plan,
but containing more detailed regulations and programs as provided in Section 65450 and following of the California
Government Code. Section 65450 et seq.
“Sports and entertainment assembly” means a large-scale indoor or outdoor facility accommodating spectator-oriented
sports, concerts, and other entertainment activities. Examples of this land use include amphitheaters, race tracks,
stadiums and coliseums. May also include commercial facilities customarily associated with the above uses, including
bars and restaurants, gift shops, video game arcades, etc.
“Sports and active recreation facilities” means public and private facilities for various outdoor sports and other types of
recreation, where the facilities are oriented more toward participants than spectators. Examples include:
A. Athletic/sport fields (e.g., baseball, football, softball, soccer);
B. Health and athletic club outdoor facilities;
C. Skateboard parks;
D. Swimming pools;
E. Tennis and other sport courts (e.g., handball, squash).
Does not include golf courses, which are separately defined.
“State. The State of California.
Storage – accessory” means theAccessory. The storage of materials accessory and incidental to a primary use and
is not considered a land use separate from the primary use.
“Storage – personal storage facility” means structures containing generally small, individual, compartmentalized stalls
or lockers rented as individual storage spaces and characterized by low parking demand.
“Storage yard” means the storage of various materials outside of a structure other than fencing, either as an accessory
or principal use.
“Story. The portion of a building included between the upper surface of any floor and the upper surface of the next floor
above, except that the topmost story shall be that portion of a building included between the upper surface of the topmost
floor and the ceiling above.
Street” means a. A public or private right-of-way providing vehicular access to abutting property.
“Structure” means anything. Anything assembled or constructed on the ground, or attached to anything with a
foundation on the ground.
“Structure, Accessory. A structure that is located upon the same site as the structure or use to which it is
accessory. Accessory structures may consist of detached structures or additions to primary structures. The
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use of an accessory structure is incidental and subordinate to the use of the principal structure, or to the
principal land use of the site. Does not include habitable accessory structures such as Accessory Dwelling
Units (ADUs). See also Building, Accessory.
Structure, Principal (Structure, Main; Structure, Primary). A structure housing the principal use of a site or
functioning as the principal use.
Structure, Temporary. A structure without any foundation or footings and which is intended to be removed
when the designated time period, activity, or use for which the temporary structure was erected has ceased.
Studio apartment” means a one-room. A dwelling unit with not more than four hundred fifty square feet of
grosscharacterized by an open floor area,plan, with no interior walls separating spaces into separate rooms.
17.158.044 – T Definitions
Tandem Parking. The arrangement of parking spaces where no more than two cars are arranged in tandem, such that
one or more spaces must be driven across in order to access another space or spaces.
Tiny House - Moveable. A residential dwelling unit that is accessory to a principal residential dwelling unit located on
the same parcel of land, which provides complete independent living quarters for one household, and meets the following
conditions:
1. Is towable by a bumper hitch, frame-towing hitch, or fifth-wheel connection and is designed for occupancy by
not more than two people. The floor area in a loft is included as part of the gross floor area calculation.to and
cannot move under its own power;
2. Is no larger than allowed by California State law for movement on public highways;
3. Is a detached self-contained residential dwelling unit which includes permanent facilities and functional areas
for living, sleeping, eating, cooking, and sanitation.
Top of Bank. The line where the naturally eroded ground slope, or the slope resulting from a creek alteration, flattens
to conform with the ground which has not been cut by water flow within the creek channel. If the bank is terraced, the
top of bank is the highest step.
“Studio – art, dance, martial arts, music, etc.” means small-scale facilities, typically accommodating one group of
students at a time, in no more than one instructional space. Larger facilities are included under the definition of
“schools – specialized education and training.” Examples of these facilities include individual and group instruction and
training in the arts; production rehearsal; photography, and the processing of photographs produced only by users of
the studio facilities; martial arts training studios; gymnastics instruction, and aerobics and gymnastics studios with no
other fitness facilities or equipment. (Ord. 1634 § 3, 2017; Ord. 1592 § 5, 2013; Ord. 1553 § 32, 2010; Ord. 1528 § 3
Ex. A (part), 2009; Ord. 1446 § 4, 2004; Ord. 1438 § 2 (part), 2003)
T
17.100.200 Definitions, “T.”
“Theater” means an indoor facility for public assembly and group entertainment other than sporting events. Examples
of these facilities include:
A. Civic theaters, and facilities for “live” theater and concerts;
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B. Movie theaters.
See also “public assembly facility” and “sports and entertainment assembly.”
“Top of bank” means the line where the naturally eroded ground slope, or the slope resulting from a creek alteration,
flattens to conform with the ground which has not been cut by water flow within the creek channel. If the bank is terraced,
the top of bank is the highest step.
“Transit station or terminal” means a facility or location with the primary purpose of transfer, loading, and unloading of
passengers and baggage. May include facilities for the provision of passenger services such as ticketing, restrooms,
lockers, waiting areas, passenger vehicle parking and bus bays, for layover parking, and interior bus cleaning and
incidental repair.
“Transit stop” means aThrough Lot. See “Lot, Through”.
Trellis. See “Arbor”.
Transit Stop. A facility located within the public right-of-way at selected points along transit routes for passenger
pickup, drop-off, or transfer, but excluding areas for vehicle repair or storage, passenger ticketing and parking, which
are defined as a transit station or terminal.
“Truck or freight terminal” means a transportation facility furnishing services incidental to air, motor freight, and rail
transportation. Examples of these facilities include:
A. Delivery and courier services;
B. Freight forwarding services;
C. Freight terminal facilities;
D. Joint terminal and service facilities;
E. Overnight mail processing facilities;
F. Packing, crating, inspection and weighing services;
G. Postal service bulk mailing distribution centers;
H. Transportation arrangement services;
I. Trucking facilities, including transfer and storage. (Ord. 1553 § 33, 2010; Ord. 1438 § 2 (part), 2003)
U
17.100.210 158.046 – U Definitions, “U.”
“Use” means the activity . The purpose for which land or buildings are the premises of a building, structure, or facility
thereon is designed, arranged, or intended, or for which it is or may be occupied or maintained.
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Use, Accessory. A use that is customarily associated with, and is incidental and subordinate to, the primary
use and located on the same parcel as the primary use. Accessory Use includes active or passive solar heating
systems and cogeneration facilities.
Use, Primary. A primary, principal, or dominant use established, or proposed to be established, on a parcel.
Unbundle Parking. To separate parking from general rent or purchase costs in new residential, nonresidential, or
mixed-use buildings.
Use Permit. A discretionary permit, such as a Minor Use Permit or Conditional Use Permit, which may be granted by
the appropriate City of San Luis Obispo to provide for the accommodation of land uses with special site or design
requirements, operating characteristics, or potential adverse effects on surroundings, which are not permitted as of right
but which may be approved upon completion of a review process and, where necessary, the imposition of special
conditions of approval by the permit granting authority.
17.158.048 – V Definitions
Vehicle. Any vehicle, as vehicle is defined by the California Vehicle Code, including any automobile, camper, camp
trailer, trailer, trailer coach, motorcycle, house car, boat, or similar conveyance.
17.158.050 – W Definitions
Water-Efficient Landscape Standards.
Ecological restoration project. A project where the site is intentionally altered to establish a defined,
indigenous, historic ecosystem.
Estimated total water use (ETWU). The total water used for the landscape.
Homeowner-provided landscaping. Any landscaping either installed by a private individual for a single-family
residence or installed by a licensed contractor hired by a homeowner. A homeowner, for purposes of this
Chapter, is a person who occupies the dwelling he or she owns. This excludes speculative homes, which are
not owner-occupied dwellings.
Hydrozone. A portion of the landscaped area having plants with similar water needs that are served by a
valve or set of valves with the same irrigation schedule.
Irrigation efficiency. The measurement of the amount of water beneficially used, which is the amount of water
stored in the root zone, divided by the amount of water applied. Irrigation efficiency is derived from
measurements and estimates of irrigation system characteristics and management practices.
Maximum applied water allowance (MAWA). The upper limit of annual applied water for the established
landscaped area.
Rehabilitated landscape. Any relandscaping project that requires a building permit or design review where
the modified landscape area is equal to or greater than two thousand five hundred square feet.
17.158.052 – X Definitions
Reserved.
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17.158.054 – Y Definitions
Yard. An area along a property line within which no structures, parking spaces or parking backup spaces may be
located, except as otherwise provided in these regulations. Yards are intended to help determine the pattern of building
masses and open areas within neighborhoods and districts.
Yard, Front. The area of a residential lot that lies between the street property line and the walls of any
residences that face the street. The front yard area includes the entire yard extending across the full width of
a site, the depth of which contains all areas between the front property line back to the walls of the building
which are parallel or generally face the front property line.
“Utility infrastructure” means pipelines for water, natural gas, and sewage collection and disposal; and facilities for the
transmission of electrical energy for sale, including transmission lines for a public utility company. Also includes
telephone, telegraph, cable television and other communications transmission facilities utilizing direct physical
conduits. Does not include offices or service centers (see “offices – business and service”), or distribution substations
(see “public utility facility”). (Ord. 1438 § 2 (part), 2003)
V
17.100.220 Definitions, “V.”
“Vacation rental” means a dwelling or part of a dwelling where lodging is furnished for compensation for fewer than
thirty consecutive days. Does not include fraternities, sororities, convents, monasteries, hostels, bed and breakfast
inns, homestays, hotels, motels, or boarding/rooming houses, which are separately defined.
“Vehicle services – auto repair and service” means the repair, servicing, alteration, restoration, towing, painting,
cleaning (including self-service and attended car washes), or finishing of automobiles, trucks, recreational vehicles,
boats and other vehicles as a primary use, including the incidental wholesale and retail sale of vehicle parts as an
accessory use. This use includes the following categories:
A. “Major repair/body work” means repair facilities dealing with entire vehicles. These establishments provide towing,
collision repair, other body work, and painting services; and also include tire recapping establishments.
B. “Minor maintenance/repair” means minor facilities specializing in limited aspects of repair and maintenance (e.g.,
muffler and radiator shops, quick-lube, etc.).
Does not include automobile parking (see “parking facilities”), repair shops that are part of a vehicle dealership on the
same site (see “vehicle sales/rental,” and “mobile home, recreational vehicle and boat sales and rental”); gas stations,
which are separately defined; or dismantling yards, which are included under “recycling – scrap and dismantling
yards.”
“Veterinary clinics,” “animal hospitals,” and “kennels” means office and indoor medical treatment facilities used by
veterinarians, including large and small animal veterinary clinics, and animal hospitals. Kennels and boarding
operations are commercial facilities for the keeping, boarding or maintaining of four or more dogs four months of age
or older, or four or more cats, except for dogs or cats in pet shops. (Ord. 1611 § 5, 2015; Ord. 1500 § 3 (part), 2007;
Ord. 1438 § 2 (part), 2003)
W
17.100.230 Definitions, “W.”
“Warehouse store” means a retail store that emphasizes the packaging and sale of products in large quantities or
volumes, some at discounted prices, where products are typically displayed in their original shipping containers. Sites
and buildings are usually large and industrial in character. Patrons may be required to pay membership fees.
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CITY OF SAN LUIS OBISPO ZONING REGULATIONS – TITLE 17
9-66
“Warehouses,” “wholesaling and distribution” facilities include:
A. “Warehouses” means facilities for the storage of furniture, household goods, or other commercial goods of any
nature, including moving company warehouses. Includes cold storage, and moving companies. Does not include
warehouse, storage or mini-storage facilities offered for rent or lease to the general public (see “storage, personal
storage facilities”); warehouse facilities in which the primary purpose of storage is for wholesaling and distribution
(see “wholesaling and distribution”); or terminal facilities for handling freight (see “truck and freight terminals”).
B. “Wholesaling and distribution” means establishments engaged in selling merchandise to retailers; to contractors,
industrial, commercial, institutional, farm, or professional business users; to other wholesalers; or acting as agents
or brokers in buying merchandise for or selling merchandise to such persons or companies. Examples of these
establishments include:
1. Agents, merchandise or commodity brokers, and commission merchants;
2. Assemblers, buyers and associations engaged in the cooperative marketing of farm products;
3. Merchant wholesalers;
4. Stores primarily selling electrical, plumbing, heating and air conditioning supplies and equipment.
Also includes storage, processing, packaging, and shipping facilities for mail order and e-commerce retail
establishments.
“Wine tasting room – off site” means a satellite wine tasting room associated with a licensed winery serving only those
wines it produces in one-ounce tastes or an amount approved by Alcohol and Beverage Control for tasting purposes.
Only one satellite wine tasting room is permitted per licensed winery. Wine tasting establishments serving wines from
multiple wineries are separately defined as a “bar/tavern.”
Work/Live Unit. See “live/work unit,” “work/live unit.” (Ord. 1591 § 17, 2013; Ord. 1438 § 2 (part), 2003)
X
17.100.240 Definitions, “X.”
Reserved.
Y
Yard, Street. A yard adjacent to a local street, State highway (except frontages on Highway 101), or adopted
setback line.
Yard, Other. Any yard other than a street yard (i.e., side and rear yards).
17.100.250 158.056 – Z Definitions, “Y.”
Reserved.
Z
17.100.260 Definitions, “Z.”
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CITY OF SAN LUIS OBISPO ZONING REGULATIONS – TITLE 17
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“Zone” (or “district” or “zone district” or “zone district”) means an”). An area of the cityCity delineated on the official
zoning map, designated by name or abbreviation as provided in the regulations codified in this division. (Ord. 1438 § 2
(part), 2003)Title.
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Section 5 of Ordinance No. 1130. San Luis Creek Protection and Preservation,
Land Use and Design Ccriteria:
1.All new structures approved after adoption of this ordinance shall be
setback a minimum 50 20 feet from the relocated C/OS – 5
boundaryexisting top of creek bank or edge of riparian vegetation,
whichever is farther from the creek flow line (subsequently called the
“creek setback reference line”).. The setback area may be occupied by
landscaping and, fencing. No new facilities for parking, active recreation or
noise generating equipment may occupy the creek setback area.
2.Building openings (door, windows, balconies, etc.) facing the creek shall be
minimized. Windows shall be no larger than the minimum required by
Firepublic Codesafety. Glazing shall not reflect sunlight toward the creek
nor allow internal lighting to shine toward the creek. Balconies and/or
attendant doors are prohibited.
3.Screening shall be provided between the buildings and the creek which may
include fencing, decorative walls and landscaped berms, said screening but
shall at a minimum include restoration and enhancement of the creekside
vegetation, and shall also be designed and built so as to block view
corridors of the building visible from residential neighbors.
4.Lighting between the buildings and the creek shall be limited in intensity
and scale to the minimum necessary for security and identification and
shall be designed so as not to not shine offsite.
5.The expansion or redevelopment of properties shall make maximum use of
common driveways.
6.All new uses must be found by the Planning Commission to be compatible
with the riparian habitat and adjacent residential uses, considering such
variables as light and glare, privacy, noise and traffic. In all cases, uses shall
be adequately buffered from the creek and adjacent residences in a
manner which mitigates potential offsite impacts.
7.Noise generating uses such as parking and active outdoor recreation uses,
such as swimming pools, outdoor bars, and gathering areas shall should be
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Attachment 4
located on the interior of the site, using buildings as a buffer. Rooftop pools
are prohibited.
8. All drainage to the creek shall be directed in a manner which does not
erode the creekbank, harm the creekside vegetation or degrade the quality
of the creek and its riparian habitat. Appropriate systems This may include
the use of debris and rubbish screens, oil and grease traps and erosion
control/energy dissipaters subject to the approval of the City Engineer and
the State Department of Fish and GameWildlife.
9. Building height shall be restricted as follows:
a. Between 20 and 50 feet, Within 50 80 feet of the revised C/OS-5
boundarycreek setback reference line, maximum height shall be 25
feet.
b. Between 50 and 80 feet of the revised C/OS boundary creek setback
reference line, maximum height shall be 35 feet.
b.c. Beyond 50 80 feet from the revised C/OS-5 boundarycreek setback
reference line, maximum height shall be 45 35 feet.
10. Grading within the creek setback area shall be limited to that necessary to
stabilize the creekbank and to accommodate landscaping, and shall be
done in a manner which does not increase erosion of the creekbank or
result in the removal of or significant damage to creekside vegetation.
11. As a condition of every new use established or expansion of existing use,
that portion of a commercial lot which lies within the C/OS-5 zone shall be
dedicated as a perpetual open space easement.
12. In special circumstances and by making findings for a variance, the Planning
Commission may vary lower the height and/or increase the setback
standards established by this ordinance.
13. The revised C/OS-5 boundary and design criteria contained in this
ordinance shall be recorded and referenced on the title of all affected
parcels.
14. The creekside setback area and/or the area beneath the high berm on the
creekside shall not be used for a public or urban trail.
15. Any structure that functions primarily as a conference or convention
center shall not be allowed. Meeting and conference rooms ancillary to
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other approved uses are allowed. Rooms whose primary use is for social
gatherings (ballrooms, etc.) shall not be located creekside.
16.Openings associated with and resulting from underground, ground, or
above ground parking, oriented toward the creek or that occur on the sides
of the structures within 100 feet of the C/OS – 5 –boundarycreek setback
reference line are prohibited.
17. During all stages of planning and building, design and engineering plans and
over-the-counter- changes to the approved plans and permit shall be a
matter of public record (as defined in California Government Code Section
6520), shall be noted on the official packet of material, and shall be readily
available to the public upon demand.
18. Any new proposal or significant alteration to an existing development shall
be subject to a use permit approved by the Planning Commission. In
approving a use permit, the Planning Commission shall find that the
proposed conforms to all the criteria listed in Section 5. Any such uses shall
be approved before plans are submitted to the Architectural Review
Commission.
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