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HomeMy WebLinkAboutO-1650 REPLACING TITLE 17 OF THE MUNICIPAL CODE (ZONING REGULATIONS)O 1650  ORDINANCE NO. 1650 (2018 SERIES) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO, CALIFORNIA REPEALING AND REPLACING TITLE 17 OF THE MUNICIPAL CODE (ZONING REGULATIONS) TO IMPLEMENT THE LAND USE AND CIRCULATION ELEMENT (LUCE), CLARIFY AND ADVANCE CITY GOALS AND POLICIES, PROVIDE INTERNAL CONSISTENCY, AND TO RE-ORGANIZE THE ZONING CODE, INCLUDING THE ADOPTION OF A NEGATIVE DECLARATION OF ENVIRONMENTAL REVIEW, AS REPRESENTED IN THE STAFF REPORT AND ATTACHMENTS DATED AUGUST 21, 2018 (ZONING REGULATIONS, GENP-0327-2017) WHEREAS, the City Council of the City of San Luis Obispo conducted a series of public hearings in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo, California on October 21, 2014, December 2, 2014, and December 9, 2014, for the purpose of final adoption of the Land Use and Circulation Element update project (LUCE) Resolution No. 10586 (2014 Series); and WHEREAS,on July 5, 2016, the City Council reviewed the Zoning Regulations Update scope of work, approved the project budget, and authorized issuance of a Request for Proposals (RFP) for consultant services; and WHEREAS, the City Council and Planning Commission of the City of San Luis Obispo conducted a joint public hearing in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo, California on April 12, 2017, for the purpose of providing direction to the Community Development staff on particular issues to address during the Zoning Regulations Update process; and WHEREAS,the City Council of the City of San Luis Obispo conducted a public hearing in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo, California on April 10, 2018, for the purpose of providing policy direction regarding key issues; and WHEREAS, the Planning Commission of the City of San Luis Obispo conducted a series of regular public hearings in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo, California from August 23, 2017, through May 23, 2018 and final hearings on June 13, 2018, June 14, 2018, and June 27, 2018, for the purpose of recommending amendments to Title 17 of the Municipal Code to implement the LUCE; and WHEREAS, the City Council of the City of San Luis Obispo conducted a public hearing in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo, California on August 21, 2018, for the purpose of introducing an Ordinance for the comprehensive update to the Zoning Regulations; and Ordinance No. 1650 (2018 Series) Page 2  O 1650  WHEREAS, City staff has conducted extensive public outreach in the form of news releases, stakeholder interviews, regularly scheduled public hearings with the Planning Commission, and two community workshops held on June 3, 2017 and May 3, 2018; and WHEREAS, after review of the information gathered by staff during public outreach and public hearings, staff recommends the draft amendments to Tile 17 of the Municipal Code. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. Findings. Based upon all the evidence, the Commission makes the following finding: 1. The Zoning Regulations Update comprehensively implements many policies and programs of the LUCE. As represented in the staff report, additional follow up actions are needed in order to further implement LUCE policies and programs not addressed by this Zoning Code Update. 2. The proposed amendments to Title 17 will not cause significant health, safety, or welfare concerns, since the amendments are consistent with the General Plan and directly implement City goals and polices. SECTION 2. Environmental Review. 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, as set forth in Exhibit A. This IS/ND addresses all environmental issues listed in Appendix G of the State CEQA Guidelines. As the Zoning Regulations Update is 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 30-day public review period for the IS/ND ran from June 20, 2018 to July 19, 2018 and no public or agency comments were received. Based on the analysis provided within the IS/ND, the City has concluded that adoption of the 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. SECTION 3. Action. The City Council hereby repeals and replaces, in its entirety, Title 17 (Zoning) of the San Luis Obispo Municipal Code as set forth in Exhibit B attached hereto and incorporated herein. Ordinance No. 1650 (2018 Series) Page 3 SECTION 4. Severability. If any subdivision, paragraph, sentence, clause, or phrase of this Ordinance is, for any reason, held to be invalid or unenforceable by a court of competent jurisdiction, such invalidity or unenforceability shall not affect the validity or enforcement of the remaining portions of this Ordinance, or any other provisions of the city' s rules and regulations. It is the city' s express intent that each remaining portion would have been adopted irrespective of the fact that any one or more subdivisions, paragraphs, sentences, clauses, or phrases be declared invalid or unenforceable SECTION 5. A summary of this ordinance, together with the names of Council members voting for and against, shall be published at least five (5) days prior to its final passage, in The Tribune, a newspaper published and circulated in this City. This ordinance shall go into effect at the expiration of thirty (30) days after its final passage. INTRODUCED on the 21St day of August, 2018, AND FINALLY ADOPTED by the Council of the City of San Luis Obispo on the 181h day of September, 2018, on the following vote: AYES: NOES: ABSENT: ATTEST: Council Members Gomez, Pease and Rivoire, Vice Mayor Christianson and Mayor Harmon None None Teresa Purrington, City Cler APPROVED AS TO Christine Dietrick, City Attorney IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Luis Obispo, California, this � day of 5 ,1'9 � � S 1. L, � a UL", tu- � Teresa Purrington, City Qk 01650 Ordinance No. 1650 (2018 Series) Page 4 EXHIBIT A O 1650  Exhibit A, an Initial Study/Negative Declaration (IS/ND) to evaluate the potential environmental effects of the proposed Zoning Regulations Update, is not included as a hard copy, but is available digitally on the City Website. www.slocity.org Ordinance No. 1650 (2018 Series) Page 5 EXHIBIT B   O 1650  Exhibit B, Title 17 (Zoning) of the San Luis Obispo Municipal Code, is not included as a hard copy, but is available digitally on the City Website as well as in the City’s published municipal code. www.slocity.org ZONING REGULATIONS UPDATE DRAFT INITIAL STUDY/NEGATIVE DECLARATION (CITYWIDE; GENP-0327-2017) JUNE 2018, Amended JULY 2018 INTRODUCTION This document is an Initial Study to evaluate the potential environmental effects of the City of San Luis Obispo’s proposed Zoning Regulations Update (also referenced as the “Project”). This document has been prepared in accordance with the relevant provisions of the California Environmental Quality Act (CEQA) of 1970 (as amended) and the State CEQA Guidelines as implemented by the City of San Luis Obispo. This Initial Study/Negative Declaration (IS/ND) evaluates the potential direct, indirect, and cumulative environmental effects associated with the Project, as proposed, and based on reasonable assumptions outlined in this Initial Study. The proposed Zoning Regulations Update implements the policies of the City’s Land Use and Circulation Element (LUCE) by classifying, defining, and regulating the development and uses of land and structures within the City. The Project is described in detail below (refer to Description of the Project). BACKGROUND In 2014, the City adopted a new General Plan Land Use and Circulation Element (LUCE) and certified the associated Final Program Environmental Impact Report (EIR) (State Clearinghouse No. 2013121019; herein referred to as the “LUCE EIR”). The Land Use Element sets direction for the orderly development of land within the City’s planning area, and the Circulation Element describes how transportation will be provided in the community envisioned by the Land Use Element. Following adoption of the LUCE, City Planning staff began the process of identifying which land use policies would be most effectively implemented via changes to the City Zoning Regulations. The Zoning Regulations are the key tool used to implement land use and circulation policies related to parking management, transit, bicycling, and pedestrian accommodation. Zoning Regulations are intended to guide the development of the city in an orderly manner, based on the adopted general plan, to protect and enhance the quality of the natural and built environment, and to promote the public health, safety and general welfare by regulating the use of land and buildings and the location and basic form of structures. The Zoning Regulations Update is focused on implementation of the policies and programs in the LUCE. The Update also provides an opportunity to incorporate best practices and to address deficiencies identified by staff. Additional background information regarding the Zoning Regulations Update is available on the City’s website: http://www.slocity.org/government/department-directory/community-development/planning- zoning/zoning/zoning-regulations-update Ordinance No. 1650 (2018 Series) EXHIBIT A CITY OF SAN LUIS OBISPO INITIAL STUDY ENVIRONMENTAL CHECKLIST 2018 2 PURPOSE AND LEGAL AUTHORITY In accordance with the California Environmental Quality Act (Public Resources Code Section 21000, et. Seq.) and the 2018 State CEQA Guidelines, as lead agency, the City of San Luis Obispo is required to undertake the preparation of an Initial Study to determine whether the Project would have a significant environmental impact. If, as a result of the Initial Study, the lead agency finds that there is evidence that any aspect of the Project may cause a significant environmental effect, the lead agency shall further find that an EIR is warranted to analyze Project-related and cumulative environmental impacts. Alternatively, if the lead agency finds that there is no evidence that the Project, either as proposed or as modified to include the mitigation measures identified in the Initial Study, may cause a significant effect on the environment, the lead agency shall find that the Project would not have a significant effect on the environment and shall prepare a Negative Declaration or Mitigated Negative Declaration (ND or MND) for the Project. Such 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). Additionally, Section 15152 of the State CEQA Guidelines 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 (such as one prepared for a general plan or policy statement) 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.” The State CEQA Guidelines states that agencies “are encouraged to tier the environmental analyses which they prepare for separate but related projects including general plans, zoning changes, and development projects. This approach can eliminate repetitive discussions of the same issues and focus the later EIR or negative declaration on the actual issues ripe for decision at each level of environmental review. 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. Tiering does not excuse the lead agency from adequately analyzing reasonably foreseeable significant environmental effects of the project and does not justify deferring such analysis to a later tier EIR or negative declaration. However, the level of detail contained in a first tier EIR need not be greater than that of the program, plan, policy, or ordinance being analyzed” (State CEQA Guidelines Section 15152). State CEQA Guidelines Section 15168 states that a Program EIR may be used with later activities as follows: “Use with Later Activities. Subsequent activities in the program must be examined in the light of the program EIR to determine whether an additional environmental document must be prepared. (1) If a later activity would have effects that were not examined in the program EIR, a new Initial Study would need to be prepared leading to either an EIR or a Negative Declaration. (2) If the agency finds that pursuant to Section 15162, no new effects could occur or no new mitigation measures would be required, the agency can approve the activity as being within the scope of the project covered by the program EIR, and no new environmental document would be required. (3) An agency shall incorporate feasible mitigation measures and alternatives developed in the program EIR into subsequent actions in the program. Ordinance No. 1650 (2018 Series) EXHIBIT A CITY OF SAN LUIS OBISPO INITIAL STUDY ENVIRONMENTAL CHECKLIST 2018 3 (4) Where the subsequent activities involve site specific operations, the agency should use a written checklist or similar device to document the evaluation of the site and the activity to determine whether the environmental effects of the operation were covered in the program EIR. (5) A program EIR will be most helpful in dealing with subsequent activities if it deals with the effects of the program as specifically and comprehensively as possible. With a good and detailed analysis of the program, many subsequent activities could be found to be within the scope of the project described in the program EIR, and no further environmental documents would be required.” The proposed 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. Pursuant to CEQA, the City of San Luis Obispo has prepared this 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. Since the Zoning Regulations update is consistent with the 2014 LUCE, this IS/ND tiers with and incorporates, by reference, the City’s previously-certified Program EIR (September 2014) prepared for the LUCE pursuant to State CEQA Guidelines Sections 15150, 15152, and 15168. This IS/ND, which is ultimately required to be adopted by the City Council in accordance with CEQA, is intended as an informational document. 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 would be subject to review on a project-specific basis, and 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 discussion of the impact.” Based on the analysis provided within this IS/ND, 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. PRIOR ENVIRONMENTAL DOCUMENTS The LUCE Program EIR, from which this ND is tiered with, evaluated impacts associated with the LUCE, including cumulative impacts associated with future development occurring under the LUCE. The LUCE Program EIR is available for public review at the City of San Luis Obispo Community Development Department, located at 919 Palm Street, San Luis Obispo, California, 93401. The certified EIR for the LUCE Update is available on the City’s website: http://www.slocity.org/government/department-directory/community-development/planning- zoning/general-plan Ordinance No. 1650 (2018 Series) EXHIBIT A CITY OF SAN LUIS OBISPO INITIAL STUDY ENVIRONMENTAL CHECKLIST 2018 4 AMENDMENTS TO THE INITIAL STUDY Minor amendments to this Initial Study have been made in order to clarify the use of this document in relation to the LUCE Program EIR, and to provide additional source information as directed by the City Planning Commission. Such minor amendments are indicated by underlined and italicized text and these clarifications do not include any substantial revisions and do not change the analysis or conclusions of the publicly circulated Initial Study / Negative Declaration. Pursuant to State CEQA Guidelines Section 15073.5 (Recirculation of a Negative Declaration Prior to Adoption), these clarifications do not constitute a substantial revision of the negative declaration because: (1) no new, avoidable significant effects are identified and no new mitigation measures or project revisions are required in order to reduce the level of effect to insignificance; (2) the lead agency has not determined that any mitigation measures or project revisions would not reduce potential effects to less than significant, and as such, no new measures or revisions are required. Pursuant to State CEQA Guidelines Section 15073.5(c), recirculation of the Initial Study / Negative Declaration is not required because: (1) new project revisions are added in response to written and verbal comments on the project’s effects identified in the proposed negative declaration which are not new avoidable significant effects, and (2) new information is added to the negative declaration which merely clarifies, amplifies, or makes insignificant modifications to the negative declaration. Ordinance No. 1650 (2018 Series) EXHIBIT A CITY OF SAN LUIS OBISPO INITIAL STUDY ENVIRONMENTAL CHECKLIST 2018 5 INITIAL STUDY ENVIRONMENTAL CHECKLIST FORM 1. Project Title: City of San Luis Obispo Zoning Regulations Update (GENP-0327-2017) 2. Lead Agency Name and Address: City of San Luis Obispo Community Development Department 919 Palm Street, San Luis Obispo, CA 93401 3. Contact Person and Phone Number: Doug Davidson, 805-781-7177 4. Project Location: Citywide 5. Project Sponsor’s Name and Address: City of San Luis Obispo Community Development Department 919 Palm Street, San Luis Obispo, CA 93401 6. General Plan Designations: Multiple (Citywide) 7. Zoning: Multiple (Citywide) 8. Description of the Project: In 2014, the City adopted a new General Plan Land Use and Circulation Element (LUCE) and certified the associated Final Program Environmental Impact Report (EIR) (State Clearinghouse No. 2013121019). The LUCE is the City’s guiding land use and circulation plan that encompasses the City’s vision for the future through the year 2035. The land use component sets direction for “the orderly development of land within the City’s planning area”, and the circulation component describes “how transportation will be provided in the community envisioned by the Land Use Element.” The Zoning Regulations are the key tool used to implement land use and circulation policies related to the use of land, buildings, location and form of structure, parking management, transit, bicycling, and pedestrian accommodation. Zoning Regulations are intended to guide the development of the city in an orderly manner, based on the adopted general plan, to protect and enhance the quality of the natural and built environment, and to promote the public health, safety and general welfare. The Zoning Regulations Update is focused on implementation of the policies and programs in the LUCE. The update also provides an opportunity to incorporate best practices and to address deficiencies identified by staff in working with the document daily. Additional information regarding the proposed Zoning Regulations Updates is available online Ordinance No. 1650 (2018 Series) EXHIBIT A CITY OF SAN LUIS OBISPO INITIAL STUDY ENVIRONMENTAL CHECKLIST 2018 6 on the City’s website at: http://www.slocity.org/government/department-directory/community- development/planning-zoning/zoning/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 consisting of at least two-thirds residential (in response to recent State law) 4) New development standards for the R-1 and R-2 zones to address neighborhood compatibility 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 current City’s 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 provided at its April 10, 2018 workshop 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 Additional ordinance amendments proposed in conjunction with updating the Zoning Regulations include applying a Downtown Overlay on parcels zoned C-R (Retail Commercial) within the and rezoning property on north Broad Street from R-1 to R-1-S. The proposed Zoning Regulations Update is organized into nine articles that are further broken up into chapters. Each article contains chapters covering specific topics. Some of the specific chapters likely to be of high interest are identified below. Article 1 – Enactment, Applicability, and Enforcement. This Article identifies the purpose and applicability of the Zoning Regulations, and rules and procedures of interpretation. The updated regulations now include the document’s relationship to other guidelines and regulations. Article 2 – Zones, Allowable Uses, and Development and Design Standards. The purpose of this Article is to identify those land uses that may be established in conjunction with any buildings, Ordinance No. 1650 (2018 Series) EXHIBIT A CITY OF SAN LUIS OBISPO INITIAL STUDY ENVIRONMENTAL CHECKLIST 2018 7 improvements, lots, or premises within the zones established by Chapter 17.06 (Zones Established and Zoning Map). This Article includes use regulations by zone, including the purpose and application of each zone, and zone-specific development standards including density, lot size and dimensions, setbacks, height, and impervious area. Consistent with the Land Use Element, the Update recommends a minimum density of 20 units per acre in the R-3 zone. Consistent with the intent of the Medium Density Residential, Medium-High Density Residential, and High Density Residential land use categories identified in the Land Use Element, the proposed Update clarifies that at least two units shall be allowed on each parcel in the R-2 zone, at least three units shall be allowed on each parcel in the R-3 zone, and at least four units shall be allowed on each parcel in the R-4 zone. In addition, the Update proposes that at least two units shall be allowed on each parcel in the Office (O) zone. This Article also identifies prohibited uses and specified requirements for certain uses within identified zones. This Article includes procedures and standards for overlay zones and Special Focus areas. Article 3 – Regulations and Standards Applicable to All Zones. This Article identifies site development and general development standards, such as (and not limited to) permitted projections into required setbacks, intersection sight distance, height measurement and exceptions, accessory structures, coverage, density, provisions for fences and walls, night sky preservation, performance standards related to air quality, energy conservation, water quality, noise, property maintenance standards, and public art requirements. Key updates include specifying density for units less than 600 square feet (including studios and one-bedroom units) as 0.50 density units; providing clarifications and additional provisions for edge conditions, that support a floor/area ratio (FAR) reduction, buffers between low-density residential zones or open space area and zones that permit development of higher intensity, and standards for windows, driveways, trash and recycling areas, and hours of operation that address privacy, light and glare, and noise; providing provisions for rooftop open space that would minimize potential noise impacts on residential (R-1) properties as consistent with the Municipal Code; clarifying hillside development standards consistent with the goals of the Land Use and Conservation and Open Space Elements; provision of additional limitations, design standards, pedestrian access requirements for mixed-use developments to further land use and architectural compatibility, public health, and safety; addition of a new section addressing no net loss of residential units, which implements General Plan policies guiding land use and housing preservation; modification of parking requirements to ensure provision of adequate off-street vehicle and bicycle parking, minimize the negative environmental and urban design impacts that can result from parking lots, driveways, and drive aisles, and accommodate and encourage increased use of alternative fuel and zero-emission vehicles; and clarified performance standards for development. Article 4 – Regulations for Specific Land Uses and Activities. The purpose of Article 4 is to establish standards for the location, site planning, development, and operations of certain land uses that are allowed by within individual or multiple zones, and for activities that require special standards to mitigate their potential adverse impacts. This Article includes regulations, performance standards, and restrictions for specific land uses and activities, including accessory dwelling units and guest quarters, adult entertainment businesses, alcoholic beverage sales, dog boarding and kennels, bed and breakfast establishments, commercial recreation, convenience Ordinance No. 1650 (2018 Series) EXHIBIT A CITY OF SAN LUIS OBISPO INITIAL STUDY ENVIRONMENTAL CHECKLIST 2018 8 stores, electronic game amusement centers, family day care, food trucks, general markets and retail, group housing, high occupancy residential use, home occupations, homeless shelters, homestay rentals, manufacturing, offices uses, outdoor sales, parking as a principal use, pools and pool equipment, recreational vehicles, recycling facilities, safe parking, satellite dish antennas, schools, service and fueling stations, temporary and intermittent uses, utilities, vending machines, wireless telecommunications facilities. Article 5 – Noncomformities. This Article addresses nonconforming structures, uses, and lots, including limits on reconstruction, provisions for exceptions, and associated regulations. This Article is intended to provide for the correction or removal of nonconforming structures as soon as practical, but not unduly encumber maintenance and continued use of otherwise sound structures. Article 6 – Permit Procedures. This Article 6 establishes the overall structure for the application, review, and action on City-required permit applications, and identifies and describes those discretionary permits and other approvals required by these Zoning Regulations in Table 6-1 (Review Authority). Article 7 – Administration of Zoning Regulations. The purpose of this Article is to describe the authority and responsibilities of the Director, Planning Commission, Architectural Review Committee, and Council in the administration of the Zoning Regulations. Article 8 – Housing-related Regulations. The purpose and intent of this Article are: 1) to promote the public welfare by increasing the production and availability of affordable housing units and 2) to establish an inclusionary housing requirement which implements General Plan policies guiding land use and housing development. This Section addresses inclusionary housing requirements, establishment of the affordable housing fund, in-lieu fees and real property dedication, incentives, application and program requirements and restrictions, affordable housing agreements, and fees. This Article also includes Downtown housing conversion regulations, residential growth-management regulations, and residential occupancy standards. Article 9 – Definitions. This 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. 9. Project Entitlements: Adoption of Zoning Regulations by the City Council, based on recommendations from the Planning Commission, formal referral to the Airport Land Use Commission Ordinance No. 1650 (2018 Series) EXHIBIT A CITY OF SAN LUIS OBISPO INITIAL STUDY ENVIRONMENTAL CHECKLIST 2018 9 10. Surrounding Land Uses and Settings: Multiple (Citywide) 11. Have California Native American tribes traditionally and culturally affiliated with the project area requested consultation pursuant to Public Resources Code Section 21080.3.1? If so, has consultation begun? On April 26, 2018, local Native American tribal groups were formally noticed that an Initial Study of Environmental Impact was being completed for the proposed Zoning Regulations Update and invited to provide consultation on the proposed project. No tribal representatives requested a formal consultation; however, two representatives discussed the proposed Zoning Regulations with City Staff and one requested specific policy language to be included in the Zoning Regulation Update (refer to Initial Study Section 17 Tribal Cultural Resources). 12. Other public agencies whose approval is required: County of San Luis Obispo Airport Land Use Commission (formal referral, determination of consistency with Airport Land Use Plan). 13. Use of this Initial Study as a tiered document. The LUCE Program EIR evaluated all environmental impacts as required by CEQA and included measures to mitigate certain impacts. The Zoning Regulations is an implementing extension of the LUCE. All EIR mitigation measures relevant to Zoning Regulations have already been added to other policy documents, such as the Land Use Element and Safety Element. No EIR mitigation measures were specific to the Zoning Regulations Update. However, as the Zoning Regulations is facilitating growth as directed from the LUCE, a major focus of this Initial Study is to review for consistency with the LUCE EIR and determine if any of the changes to the Zoning Regulations would result in new significant impacts not previously evaluated in the LUCE EIR. As is identified in the following Environmental Factors summary table, no new potentially significant impacts were identified. It is important to note that under each of the environmental factors discussed that most of the analysis, proposed mitigation, and conclusions are from the LUCE as it relates to the Zoning Regulations Update. It is provided in this Initial Study intending to show the level of environmental review performed as well as used as a basis to show consistency with the LUCE EIR. Ordinance No. 1650 (2018 Series) EXHIBIT A CITY OF SAN LUIS OBISPO INITIAL STUDY ENVIRONMENTAL CHECKLIST 2018 10 ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The environmental factors checked below would be potentially affected by this Project, beyond what was determined in the Land Use and Circulation Element Program Environmental Impact Report, as indicated by the checklist on the following pages. Aesthetics Greenhouse Gas Emissions Population / Housing Agriculture Resources Hazards & Hazardous Materials Public Services Air Quality Hydrology / Water Quality Recreation Biological Resources Land Use / Planning Transportation / Traffic Cultural Resources Mineral Resources Tribal Cultural Resources Geology / Soils Noise Utilities / Service Systems Mandatory Findings of Significance FISH AND WILDLIFE FEES The Department of Fish and Wildlife has reviewed the CEQA document and written no effect determination request and has determined that the project will not have a potential effect on fish, wildlife, or habitat (see attached determination). X The project has potential to impact fish and wildlife resources and shall be subject to the payment of Fish and Game fees pursuant to Section 711.4 of the California Fish and Game Code. This initial study has been circulated to the California Department of Fish and Wildlife for review and comment. STATE CLEARINGHOUSE X This environmental document must be submitted to the State Clearinghouse for review by one or more State agencies (e.g. Cal Trans, California Department of Fish and Wildlife, Department of Housing and Community Development). The public review period shall not be less than 30 days (CEQA Guidelines 15073(a)). Ordinance No. 1650 (2018 Series) EXHIBIT A CITY OF SAN LUIS OBISPO INITIAL STUDY ENVIRONMENTAL CHECKLIST 2018 11 DETERMINATION (To be completed by the Lead Agency): On the basis of this initial evaluation: I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made, by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared. I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. I find that the proposed project MAY have a “potentially significant” impact(s) or “potentially significant unless mitigated” impact(s) on the environment, but at least one effect (1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and (2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects (1) have been analyzed adequately in an earlier EIR pursuant to applicable standards, and (2) have been avoided or mitigated pursuant to that earlier EIR, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required. X 7-25-18 Signature Date Tyler Corey, Principal Planner For: Michael Codron, Printed Name Community Development Director Ordinance No. 1650 (2018 Series) EXHIBIT A CITY OF SAN LUIS OBISPO INITIAL STUDY ENVIRONMENTAL CHECKLIST 2018 12 EVALUATION OF ENVIRONMENTAL IMPACTS: 1. A brief explanation is required for all answers except “No Impact” answers that are adequately supported by the information sources a lead agency cites in the parentheses following each question. A “No Impact” answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved (e.g. the project falls outside a fault rupture zone). A “No Impact” answer should be explained where it is based on project-specific factors as well as general standards (e.g. the project will not expose sensitive receptors to pollutants, based on a project-specific screening analysis). 2. All answers must take account of the whole action involved, including off-site as well as on-site, cumulative as well as project-level, indirect as well as direct, and construction as well as operational impacts. 3. Once the lead agency has determined that a particular physical impact may occur, then the checklist answers must indicate whether the impact is potentially significant, less than significant with mitigation, or less than significant. "Potentially Significant Impact' is appropriate if there is substantial evidence that an effect may be significant. If there are one or more "Potentially Significant Impact" entries when the determination is made, an EIR is required. 4. “Negative Declaration: Less Than Significant with Mitigation Incorporated” applies where the incorporation of mitigation measures has reduced an effect from "Potentially Significant Impact" to a "Less than Significant Impact." The lead agency must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level (mitigation measures from Section 19, "Earlier Analysis," as described in (5) below, may be cross- referenced). 5. Earlier analysis may be used where, pursuant to the tiering, program EIR, or other CEQA process, an effect has been adequately analyzed in an earlier EIR or negative declaration (Section 15063 (c) (3) (D)). In this case, a brief discussion should identify the following: a) Earlier Analysis Used. Identify and state where they are available for review. b) Impacts Adequately Addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. c) Mitigation Measures. For effects that are “Less than Significant with Mitigation Measures Incorporated,” describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which they addressed site-specific conditions for the project. 6.Lead agencies are encouraged to incorporate into the checklist references to information sources for potential impacts (e.g. general plans, zoning ordinances). Reference to a previously prepared or outside document should, where appropriate, include a reference to the page or pages where the statement is substantiated. 7.Supporting Information Sources: A source list should be attached, and other sources used or individuals contacted should be cited in the discussion. 8. The explanation of each issue should identify: a) the significance criteria or threshold, if any, used to evaluate each question; and b) the mitigation measure identified, if any, to reduce the impact to less than significance Ordinance No. 1650 (2018 Series) EXHIBIT A Sources Potentially Significant Impact, greater than identified in the LUCE EIR Significant Impact Adequately Addressed in the LUCE EIR Less Than Significant Impact, consistent with the LUCE EIR No Impact, consistent with the LUCE EIR CITY OF SAN LUIS OBISPO INITIAL STUDY ENVIRONMENTAL CHECKLIST 2018 13 1. AESTHETICS. Would the project: a) Have a substantial adverse effect on a scenic vista? 1,2,3, 4,5 X b) Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, open space, and historic buildings within a local or state scenic highway? 1,2,3, 4,5 X c) Substantially degrade the existing visual character or quality of the site and its surroundings? 1,2,3, 4,5 X d) Create a new source of substantial light or glare which would adversely affect day or nighttime views in the area? 1,2,3, 4,5,6 X Evaluation The City is located eight miles from the Pacific Ocean and lies at the convergence of two main drainages: The Los Osos Valley which drains westerly into Morro Bay via Los Osos Creek, and San Luis Valley which drains to the south-southwest into the Pacific Ocean at Avila Beach via the San Luis Obispo Creek. The topography of the city and its surroundings is generally defined by several low hills and ridges such as Bishop Peak and Cerro San Luis. These peaks are also known as Morros and provide scenic focal points for much of the City. The Santa Lucia Mountains and Irish Hills are the visual limits of the area and are considered the scenic backdrop for much of the City. The surrounding hills have created a hard, urban edge where development has remained in the lower elevations. a),b)The Circulation Element and Conservation and Open Space Element (COSE) identify scenic roadways and specific scenic vistas (Circulation Element Figure 3 Scenic Roadways and COSE Figure 11: Scenic Roadways and Vistas). The LUCE EIR identifies important scenic corridors, including roadways determined to have high and moderate scenic value (refer to LUCE EIR Section 4.1 Aesthetics Table 4-1-1. Important Scenic Corridors). Roadways with high scenic value within the City include: U.S. Highway 101 (from the southern city limit to Marsh Street); South Higuera Street (between Prado Road and the southern city limit); Broad Street (between Perkins lane and the southern city limit); Tank Farm Road (between Board and Higuera Street; and east of the UPRR tracks); Johnson Avenue (in the vicinity of Bishop Street); Los Osos Valley Road (west of Laguna Lane to the city limit); and Santa Rosa Street (between Boysen Avenue and the northern city limit). Identified scenic features in the City include: the Morros; Santa Lucia Mountains; Irish Hills; Laguna Lake; Open Space and agricultural fields surrounding the city; historic buildings; Downtown Core streetscape; Mission Plaza; creeks; particularly San Luis Obispo Creek in the Downtown Core; and Mill Street (between Johnson Avenue and Pepper Street) (refer to LUCE EIR Section 4.1 Aesthetics, Table 4.1-2. Scenic Features in the City). The Land Use Element (LUE), Circulation Element, and COSE include policies and programs for open space and hillside protection, development limits and standards within hillside planning areas. The LUE includes goals, policies and programs to protect degradation to the existing visual character and its surroundings from the increase of urbanization along the viewing corridors and scenic roadways. The following policies and programs address potential degradation of existing visual characteristics: 1.4 Urban Edges Character; 1.8.1 Open Space Protection; 2.3.10 Site Constraints; 4.10 Open Places and Views; 4.17 New Buildings and Views; 4.20.4 Building Height; 4.26 Visual Resource Study; 6.2.1 Resource Mapping; 6.4 Hillside Policies; and 6.4.1 The City shall maintain comprehensive standards and policies for hillside development. In addition, the Circulation Element and COSE contains numerous applicable policies and programs in Circulation Element Section 15 Scenic Roadways and COSE Chapter 9 Views. LUCE EIR Conclusion The LUCE EIR concluded that “development under the LUCE Update would introduce new development along viewing corridors and scenic roadways, including state scenic highways, in the San Luis Obispo area. This could have a substantial adverse effect on scenic resources or an identified visual resource or scenic vista from a public viewing area. With the incorporation of the proposed LUCE Update policies and existing City policies, potential impacts to such views are considered Class III, less than significant” (LUCE EIR Section 4.1 Aesthetics, Impact AES-1). Ordinance No. 1650 (2018 Series) EXHIBIT A Sources Potentially Significant Impact, greater than identified in the LUCE EIR Significant Impact Adequately Addressed in the LUCE EIR Less Than Significant Impact, consistent with the LUCE EIR No Impact, consistent with the LUCE EIR CITY OF SAN LUIS OBISPO INITIAL STUDY ENVIRONMENTAL CHECKLIST 2018 14 Proposed Zoning Regulations Update Analysis and Conclusions The proposed Project includes revisions, additions, corrections, and clarifications to various sections of the Zoning Regulations in order to provide a regulatory structure to implement the LUCE. The proposed Project would not change the property development standards (i.e. density, parcel size, setback, height, impervious area) identified for each zone except for the following: Residential R-3 zone (change from 18 to 20 units per net acre) Allow a minimum of two density units on parcels within the R-2 (Medium Residential Density) zone Allow a minimum of three density units on parcels within the R-3 (Medium-High Density) zone Allow a minimum of four density units on parcels within the R-4 (High Density) zone O (Office) zone (change maximum height from 25 to 35 feet). Allow a minimum of two density units on parcels within the O (Office) zone PF (Public Facilities) zone – maximum height may be increased up to 50 feet for City-owned facilities Proposed overlay zone for Upper Monterey (Santa Rosa to Pepper Street) from C-R (Retail Commercial; maximum height 45 feet) to C-R-D (Downtown overlay; maximum height 50 feet, can be increased up to 75 feet with incentives) New requirements for edge conditions would result in beneficial effects by facilitating improved neighborhood compatibility and transitions between zones. 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. Similar to what was assessed in the LUCE EIR, potential impacts resulting from implementation of the Project may include: blockage of views by construction equipment and staging areas; disruption of views by temporary signage; exposure of slopes and removal of vegetation; structural development within identified scenic areas; and view blockages by new structures, signs, and parking areas. The proposed Project does not include any updates or amendments that would be inconsistent with existing General Plan policies and architectural guidelines in place to protect scenic vistas and other scenic resources. The proposed changes to allow increases in residential density within the R-3 zone and establishing a minimum number of dwelling units within the R-2, R-3, R-4, and O zones would be consistent with the analysis and conclusions of the LUCE EIR, because: these changes are consistent with adopted LUCE maximum dwelling density for the Medium-High Density Residential land use designation (20 units per acre, as shown in LUE Table 4. Residential Population Assumptions), the changes would be consistent with the intention of the Medium, Medium-High and High Density Residential and Office land use designations to provide multi-family and other residential opportunities (see LUE Table 1. General Plan Land Use Designations and Development Standards within the LUCE Planning Sub-area), development of housing projects pursuant to the proposed regulations would result in similar impacts and conclusions as disclosed in the LUCE EIR, and future development would be subject to performance and design standards established for these multi-family residential and office zones. The proposed changes to allow 10 feet of increased height in the O zone (up to 35 feet) and allowance of two density units on each parcel in the O zone would be consistent with the analysis and conclusions presented in the LUCE EIR because the existing setting includes buildings in the O zone that exceed 25 feet in height (as currently allowed based on consideration of an Administrative Use Permit), existing O zones in the City currently support a mix of residential and office uses, and future development would be subject to site and project-specific analysis including consistency with General Plan policies and Community Design Guidelines that require consideration of scenic resources during the architectural review and entitlement process. The proposed changes to allow 15 feet of increased height in the PF zone (limited to City-owned facilities), would not be inconsistent with the analysis and conclusions presented in the LUCE EIR because future development would be subject to site and project-specific analysis including consistency with General Plan policies and Community Design Guidelines that require consideration of scenic resources during the architectural review and entitlement process. Ordinance No. 1650 (2018 Series) EXHIBIT A Sources Potentially Significant Impact, greater than identified in the LUCE EIR Significant Impact Adequately Addressed in the LUCE EIR Less Than Significant Impact, consistent with the LUCE EIR No Impact, consistent with the LUCE EIR CITY OF SAN LUIS OBISPO INITIAL STUDY ENVIRONMENTAL CHECKLIST 2018 15 The proposed overlay zone for Upper Monterey (from C-R to C-R-D) would allow for additional building height along this corridor, resulting in an expected increase of 5 feet, with provisions for an additional 30 feet based on incorporation of specific incentives identified in the Zoning Regulations Update. This would not be inconsistent with the analysis and conclusions presented in the LUCE EIR because allowable density would not change, the potential impacts associated with potential future structural development in compliance with the proposed regulations would not result in any new significant impacts beyond what is identified in the LUCE EIR as identified in LUCE EIR Section 4.1 Aesthetics, Impact AES-1), and future development would be subject to site and project-specific analysis including consistency with General Plan policies and Community Design Guidelines that require preparation of visual resource studies and consideration of scenic resources during the architectural review and entitlement process (refer to LUE Chapter 4 (Downtown) 4.17 New Buildings and Views, 4.20 Design Principles, 4.20.4 Building Height: “New buildings shall fit within the context and scale of existing development, shall respect views from, or sunlight to, publicly-owned gathering places…and should be stepped back…to maintain a street façade that is consistent with the historic pattern of development” and Conservation and Open Space Element Chapter 9 (Views) 9.1.2 Urban development: “Urban development should reflect its architectural context”, 9.1.5 View protection in new development, 9.2.1 Views to and from public places, and 9.3.5 Visual assessments: “Require evaluations (accurate visual simulations) for projects affecting important scenic resources and views from public places”. Furthermore, the proposed Zoning Regulations Update, by itself, does not propose or authorize any development. Future land uses that occur pursuant to the proposed Project would be required to conform to all applicable regulations, performance standards and design standards that address the preservation of scenic vistas and scenic resources, including those set forth in the Zoning Regulations, as updated, and the General Plan. Pursuant to CEQA, future new land uses that occur pursuant to the proposed Zoning Regulations update would be subject to their own environmental review on a project-by-project basis to assess impacts on scenic vistas. Therefore, the proposed Project would not have a substantial adverse effect on a scenic vista. Impacts would be less than significant. Conclusion. The proposed Zoning Regulations Update would make revisions, additions, corrections and clarifications to various sections of the Zoning Regulations to ensure consistency and successful implementation of the LUCE. The proposed Project would not allow new development in areas where such development is prohibited under the LUCE. The proposed modifications to height development standards would result in potentially significant impacts to scenic views consistent with LUCE EIR, Section 4.1 Aesthetics, Impact AES-1, and the resulting impact would be less than significant based on compliance with the General Plan. Therefore, there would be no new scenic vista impacts that have not been previously examined or adequately addressed in LUCE EIR Section 4.1 Aesthetics. c) As described in LUCE EIR Section 4.1 Aesthetics, the City combines a compact urban form in a rural setting and does not have one character, but several, transitioning from urban in its Downtown Core to more suburban along the edges. The city has been successful in maintaining an urban or suburban character, while retaining a more rural character outside the city. This is most clearly demonstrated in the Laguna Lake area where Los Osos Valley Road (LOVR) leaves the city, and the relative dense housing stops abruptly, giving way to open space and agriculture in the county. A similar phenomenon is visible in many other areas, notably as one travels west on Foothill Boulevard; south on Johnson Avenue and turns left on Orcutt Road; or even as one leaves the city on Broad Street to the south. To a large extent, this is also true as a traveler leaves the city to the north, on either Highway 1 or 101. LUCE EIR Section 4.1 Aesthetics includes descriptions of several defined areas of the city, including: Downtown Core; Older Downtown Residential Neighborhoods; Foothill Boulevard Neighborhoods; Johnson Avenue Neighborhoods; Neighborhoods South of Tank Farm Road; Laguna Lake Residential Area; Laguna Lake Freeway Commercial and Auto Center Area; Mid‐ and South Higuera Street; and South Broad Street. LUCE EIR Conclusion The LUCE emphasizes both reuse of existing urbanized lands, infill development on vacant parcels, and new development on vacant parcels near urban areas. The LUCE EIR concludes that “the development of such areas could degrade the existing visual character and its surroundings. With the incorporation of the proposed LUCE Update and existing City policies and programs, potential impacts related to existing visual character changes are considered Class III, less than significant” (LUCE EIR Section 4.1 Aesthetics, Impact AES-2). Ordinance No. 1650 (2018 Series) EXHIBIT A Sources Potentially Significant Impact, greater than identified in the LUCE EIR Significant Impact Adequately Addressed in the LUCE EIR Less Than Significant Impact, consistent with the LUCE EIR No Impact, consistent with the LUCE EIR CITY OF SAN LUIS OBISPO INITIAL STUDY ENVIRONMENTAL CHECKLIST 2018 16 Proposed Zoning Regulations Update Analysis and Conclusions Similar to what was assessed in the LUCE EIR, the intensification of land use anticipated to occur in certain areas of the city may be considered degradation of the existing visual character and its surroundings to some viewers due to the presence of larger buildings and the corresponding reduction in vacant land within the city’s framework. However, the reuse and intensification of already developed areas would be expected to reduce the pressure for development at the city’s periphery, thus minimizing the potential for the loss of open lands adjacent to the city, protected for their visual character. The LUCE states that much of the intensification and reuse that would occur would also generally be expected to enhance the visual character of the community. In particular, it is anticipated that future redevelopment in the South Broad Street Special Planning Area would enhance visual quality by adding attractive infill development (LUCE EIR Section 4.1 Aesthetics). As required by the existing and proposed Zoning Regulations, new development projects are subject to varying levels of design review by the Community Development Director, Architectural Review Commission, Planning Commission, and when required, the City Council to ensure consistency with the General Plan and Community Design Guidelines. The proposed Project includes revisions, additions, corrections, and clarifications to various sections of the Zoning Regulations in order to provide a regulatory structure to implement the LUCE. The proposed Project would not change the property development standards (i.e. density, parcel size, setback, height, impervious area) identified for each zone except for the standards noted above (refer to Initial Study Section 1 Aesthetics, discussion under a). The proposed Project would not result in new development in areas where such development is prohibited under the LUCE. The proposed Project does not include any updates or amendments that would be inconsistent with existing General Plan policies and architectural guidelines in place to protect visual character. The proposed changes to increase density within the R-3 zone and allow a minimum number of dwelling units within the R-2, R-3, R-4 and O zones would be consistent with the analysis and conclusions of the LUCE EIR, because: these changes are consistent with adopted LUCE maximum dwelling density for the Medium-High Density Residential land use designation (20 units per acre, as shown in LUE Table 4. Residential Population Assumptions), the changes would be consistent with the intention of the Medium, Medium-High and High Density Residential and Office land use designations to provide multi-family and other residential opportunities (see LUE Table 1. General Plan Land Use Designations and Development Standards within the LUCE Planning Sub-area), development of housing projects pursuant to the proposed regulations would result in similar impacts and conclusions as disclosed in the LUCE EIR, and future development would be subject to performance and design standards established for these multi-family residential and office zones. The proposed changes to allow 10 feet of increased height in the O zone (up to 35 feet) and allowance of two density units on each parcel in the O zone would not be inconsistent with the analysis and conclusions presented in the LUCE EIR because the existing setting includes buildings in the O zone that exceed 25 feet in height (as currently allowed based on consideration of an Administrative Use Permit), existing O zones in the City currently support a mix of residential and office uses, and future development would be subject to site and project-specific analysis including consistency with General Plan policies and Community Design Guidelines that require consideration of scenic resources during the architectural review process. The proposed changes to allow 15 feet of increased height in the PF zone (limited to City-owned facilities), would not be inconsistent with the analysis and conclusions presented in the LUCE EIR because future development would be subject to site and project-specific analysis including consistency with General Plan policies and Community Design Guidelines that require consideration of scenic resources during the architectural review process. The proposed overlay zone for Upper Monterey (from C-R to C-R-D) would allow for additional building height along this corridor, resulting in an expected increase of 5 feet, with provisions for an additional 30 feet based on incorporation of specific incentives identified in the Zoning Regulations Update. This would be consistent with the analysis and conclusions presented in the LUCE EIR because allowable density would not change, and future development would be subject to site and project-specific analysis including consistency with General Plan policies and Community Design Guidelines that Ordinance No. 1650 (2018 Series) EXHIBIT A Sources Potentially Significant Impact, greater than identified in the LUCE EIR Significant Impact Adequately Addressed in the LUCE EIR Less Than Significant Impact, consistent with the LUCE EIR No Impact, consistent with the LUCE EIR CITY OF SAN LUIS OBISPO INITIAL STUDY ENVIRONMENTAL CHECKLIST 2018 17 require preparation of visual resource studies and consideration of scenic resources and neighborhood character during the architectural review and entitlement process. The proposed Zoning Regulations Update, by itself, does not propose or authorize any development. Future land uses that occur pursuant to the proposed Project would be required to conform to all applicable regulations, performance standards and design standards that address the visual character and edge conditions, including those set forth in the Zoning Regulations, as updated, and the General Plan. Pursuant to CEQA, future new land uses that occur pursuant to the proposed Zoning Regulations update would be subject to their own environmental review on a project-by-project basis to assess impacts on scenic vistas. Therefore, the proposed Project would not have a substantial adverse effect on visual character. Impacts would be less than significant. Conclusion. The proposed Zoning Regulations Update would make revisions, additions, corrections and clarifications to various sections of the Zoning Regulations to ensure consistency and successful implementation of the LUCE. The proposed Project would not allow new development in areas where such development is prohibited under the LUCE. The proposed modifications to height development standards would result in potentially significant impacts to visual character consistent with LUCE EIR, Section 4.1 Aesthetics, Impact AES-2, and the resulting impact would be less than significant based on compliance with the General Plan. Therefore, there would be no new visual character impacts that have not been previously examined or adequately addressed in LUCE EIR Section 4.1 Aesthetics. d)Existing development in the City, including private development and associated exterior lighting, street lights within the public right-of-way, and other lighting associated with parks and public facilities generate ambient light visible within the City. Additional existing sources of light and glare include glass windows and facades and vehicle headlights. All development in the City is subject to the City’s Night Sky Preservation Ordinance, which establishes “outdoor lighting regulations that encourage lighting practices and systems that will: A. Permit reasonable uses of outdoor lighting for nighttime safety, utility, security and enjoyment while preserving the ambience of night; B. Curtail and reverse any degradation of the nighttime visual environment and the night sky; C. Minimize glare and obtrusive light by limiting outdoor lighting that is misdirected, excessive, or unnecessary; D. Help protect the natural environment from the damaging effects of night lighting; E. Meet the minimum requirements of the California Code of Regulations for Outdoor Lighting and Signs (Title 24, Chapter 6)”. LUCE EIR Conclusion The LUCE EIR states that “proposed development in accordance with the LUCE Update would introduce new sources of light and glare. However, adherence to policies included in the Zoning Ordinance and Community Design Guidelines would reduce potential impacts to a Class III, less than significant, level” (LUCE EIR Section 4.1 Aesthetics, Impact AES- 3). Proposed Zoning Regulations Update Analysis and Conclusions Similar to the impact analysis for the LUCE, development in accordance with the proposed Project could increase the ambient nighttime lighting throughout the city. Increased glare could potentially occur as a result of building materials, roofing materials, and windows reflecting sunlight. Areas that would experience the greatest potential for increased lighting are those areas likely to experience the greatest development potential. The proposed Project does not include any updates or amendments that would be inconsistent with the Night Sky Preservation Ordinance. In addition, future development is subject to proposed performance standard regulations for light and glare, which state that “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” (proposed Zoning Regulations Section 17.74.080, Light and Glare). The proposed Project, by itself, does not propose or authorize any development. Future land uses that occur pursuant to the proposed Zoning Regulations update would be required to conform to all applicable regulations performance standards and design standards that address lighting and glare, including those of the Night Sky Preservation Ordinance. Therefore, the proposed Zoning Regulations Update would not have a substantial adverse effect related to light and glare. Impacts would Ordinance No. 1650 (2018 Series) EXHIBIT A Sources Potentially Significant Impact, greater than identified in the LUCE EIR Significant Impact Adequately Addressed in the LUCE EIR Less Than Significant Impact, consistent with the LUCE EIR No Impact, consistent with the LUCE EIR CITY OF SAN LUIS OBISPO INITIAL STUDY ENVIRONMENTAL CHECKLIST 2018 18 be less than significant. Conclusion. The proposed Zoning Regulations Update would make revisions, additions, corrections and clarifications to various sections of the Zoning Regulations to ensure consistency and successful implementation of the LUCE. The proposed Project would not allow new development in areas where such development is prohibited under the LUCE. Therefore, there would be no physical changes related to increased light or glare that have not been previously examined or adequately addressed in LUCE EIR Section 4.1 Aesthetics. 2. AGRICULTURE RESOURCES. Would the project: a)Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use? 1, 4 X b)Conflict with existing zoning for agricultural use or a Williamson Act contract?1, 4 X c)Involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland to non-agricultural use? 1, 4 X Evaluation The city is located in the heart of San Luis Obispo County and the Central Coast Region, both of which are important key agricultural centers within the State of California. The region’s agricultural industry is an important part of the local economy. It provides employment and income directly for those in agriculture, and it helps drive growth in the tourism industry, which in turn generates further economic activity and consumer spending. a), c) As shown on LUCE EIR Section 4.2 Agricultural Resources, Figure 4.2-2 City of SLO Planning Area Prime Soils in Agriculture, Prime Farmland and Farmland of Statewide Importance is present within the City. The LUE includes several policies specific to open space and agricultural protection, including but not limited to the following: Policy 1.9.1. Agricultural Protection: The City shall support preservation of economically viable agricultural operations and land within the urban reserve and city limits. The City should provide for the continuation of farming through steps such as provision of appropriate general plan designations and zoning. Policy 1.9.2. Prime Agricultural Land: The City may allow development on prime agricultural land if the development contributes to the protection of agricultural land in the urban reserve or greenbelt by one or more of the following methods, or an equally effective method: acting as a receiver site for transfer of development credit from prime agricultural land of equal quantity; securing for the City or for a suitable land conservation organization open space or agricultural easements or fee ownership with deed restrictions; helping to directly fund the acquisition of fee ownership or open space easements by the City or a suitable land conservation organization. Development of small parcels which are essentially surrounded by urbanization need not contribute to agricultural land protection. LUCE EIR Conclusion The LUCE EIR concluded that “future development in accordance with the LUCE Update could occur on prime farmland, unique farmland, and/or farmland of statewide importance. Buildout within the City Limits would result in Class II, significant but mitigable impacts to agricultural conversion” (LUCE EIR Section 4.2 Agricultural Resources, Impact AG- 2). The LUCE EIR determined that Impact AG-2 would be mitigated to less than significant by implementation of the following policy, which was incorporated in the adopted LUE: “LUE Policy 1.8.1. Open Space Protection: Within the Ordinance No. 1650 (2018 Series) EXHIBIT A Sources Potentially Significant Impact, greater than identified in the LUCE EIR Significant Impact Adequately Addressed in the LUCE EIR Less Than Significant Impact, consistent with the LUCE EIR No Impact, consistent with the LUCE EIR CITY OF SAN LUIS OBISPO INITIAL STUDY ENVIRONMENTAL CHECKLIST 2018 19 City's planning area and outside the urban reserve line, undeveloped land should be kept open. Prime agricultural land, productive agricultural land, and potentially productive agricultural land shall be protected for farming. Scenic lands, sensitive wildlife habitat, and undeveloped prime agricultural land shall be permanently protected as open space”. Proposed Zoning Regulations Update Analysis and Conclusions Similar to the analysis in the LUCE EIR, build-out pursuant to the Zoning Regulations update would facilitate the development and redevelopment of lands within the City of San Luis Obispo, and future development in accordance with the Project could occur on prime farmland, unique farmland, farmland of statewide importance, and other farmland within the City. Adherence to the City’s standard of practice regarding agricultural soils and farmland for new development projects and its enforcement of the General Plan policies regarding preservation of farmland will ensure that development on prime farmland, unique farmland, and/or farmland of statewide importance is a less than significant impact. In addition, individual development would be required to undergo separate environmental review, which may result in specific impacts that require project specific mitigation consistent with these existing policies. The proposed Project, by itself, does not propose or authorize any development. As future development is proposed, the City will be required to ensure consistency with the General Plan. Therefore, the proposed Zoning Regulations Update would not have a substantial adverse effect on agricultural resources. Impacts would be less than significant. Conclusion. The proposed Zoning Regulations Update would make revisions, additions, corrections and clarifications to various sections of the Zoning Regulations to ensure consistency and successful implementation of the LUCE. The proposed Project does not include any updates or amendments that would be inconsistent with General Plan policies in place to ensure no net loss of Farmland, and there are no proposed changes to allowable lot coverage that would have the potential to result in increased impacts to agricultural resources not already assessed in the LUCE EIR. The proposed Project does not include any changes that would result in the conversion of Farmland beyond what was analyzed in the LUCE EIR, because the proposed Project would not result in new development in areas where such development is prohibited under the LUCE. Therefore, there would be no physical changes related to agricultural resource impacts that have not been previously examined or adequately addressed in LUCE EIR Section 4.2 Agricultural Resources. b) There are no large tracks of land within the city limits currently in commercial agricultural production, with the exception of the San Luis Obispo City Farm located adjacent to Calle Joaquin Road and U.S. Highway 101. In addition, four community gardens provide small plots of land to the public to grow small-scale agriculture, but these are within the urban context of the developed city. The largest piece of land adjacent to the city in production is the San Luis Ranch area, an identified Specific Plan Area that is currently pending annexation into the City. As shown on LUCE EIR Section 4.2 Agricultural Resources, Figure 4.2-3 City of SLO Planning Area Williamson Act Properties, there are no areas within the City limits that are under Williamson Act contract. LUCE EIR Conclusion The LUCE EIR states that “the LUCE Update could alter the existing land use and zoning on sites throughout the city and may result in incompatibilities with adjacent urban and agricultural uses. However, the General Plan reduces land use conflicts through policies and plan review. Therefore, impacts that would occur from development would be Class III, less than significant” (LUCE EIR Section 4.2 Agricultural Resources, Impact AG-1). The LUCE EIR states that adherence to the City’s standard of practice regarding agricultural compatibility for new development projects and its enforcement of the General Plan policies regarding preservation of agricultural operations will ensure that agricultural uses and compatibility with urban development is a less than significant impact. Proposed Zoning Regulations Update Analysis and Conclusions Similar to the analysis in the LUCE EIR Section 4.2 Agricultural Resources, buildout of the City pursuant to the Zoning Regulations Update would facilitate the development and redevelopment of residential uses in areas of the city near Ordinance No. 1650 (2018 Series) EXHIBIT A Sources Potentially Significant Impact, greater than identified in the LUCE EIR Significant Impact Adequately Addressed in the LUCE EIR Less Than Significant Impact, consistent with the LUCE EIR No Impact, consistent with the LUCE EIR CITY OF SAN LUIS OBISPO INITIAL STUDY ENVIRONMENTAL CHECKLIST 2018 20 agricultural areas. Residential development adjacent to farmland can result in impacts related to existing farm operations, including direct impacts related to fencing, theft, soil compaction and crop damage due to trespass, and decreased air quality and creation of fugitive dust (which can affect crop production). Placement of residences adjacent to cultivated agriculture can also have economic impacts to growers. Based on compliance with the General Plan, including but not limited to COSE Program 8.7.1 (Protect open space resources), potential impacts would be less than significant. The proposed Project, by itself, does not propose or authorize any development. As future development is proposed, the City will be required to ensure consistency with the General Plan. Therefore, the proposed Zoning Regulations Update would not have a substantial adverse effect on agricultural resources. Impacts would be less than significant. Conclusion. The proposed Zoning Regulations Update would make revisions, additions, corrections and clarifications to various sections of the Zoning Regulations to ensure consistency and successful implementation of the LUCE. The proposed Project does not include any updates or amendments that would be inconsistent with General Plan policies in place to minimize potential land use incompatibilities, and there are no proposed changes to allowable lot coverage that would have the potential to result in increased impacts to agricultural resources not already assessed in the LUCE EIR. The proposed Project does not include any changes that would result in any addition agricultural impacts beyond what was analyzed in the LUCE EIR, because the proposed Project would not result in new development in areas where such development is prohibited under the LUCE. Therefore, there would be no physical changes related to agricultural resource impacts that have not been previously examined or adequately addressed in LUCE EIR Section 4.2 Agricultural Resources. 3. AIR QUALITY. Where available, the significance criteria established by the applicable air quality management or air pollution control district may be relied upon to make the following determinations. Would the project: a)Conflict with or obstruct implementation of the applicable air quality plan? 1, 2, 3, 4, 7,38 X b)Violate any air quality standard or contribute substantially to an existing or projected air quality violation? 1, 2, 3, 4, 6, 7, 8, 38 X c)Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non-attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? 1, 2, 3, 4, 6, 7, 8, 38 X d)Expose sensitive receptors to substantial pollutant concentrations? 1, 2, 3, 4, 6, 8, 38 X e)Create objectionable odors affecting a substantial number of people? 1, 2, 3, 4, 6, 8 X Evaluation Air quality in the San Luis Obispo region of the County is characteristically different than other regions of the County (i.e., the Upper Salinas River Valley and the East County Plain), although the physical features that divide them provide only limited barriers to transport pollutants between regions. The County is designated non-attainment for the one‐hour California Ambient Air Quality Standards (CAAQS) for ozone and the CAAQS for respirable particulate matter (PM10). The County is designated attainment for national ambient air quality standards (NAAQS). a)The San Luis Obispo Air Pollution Control District (SLOAPCD) adopted the 2001 Clean Air Plan (CAP) in 2002, and the CAP has not been updated following certification of the LUCE EIR. The 2001 CAP is a comprehensive planning document intended to provide guidance to the SLOAPCD and other local agencies, including the City, on how to attain and maintain the state standards for ozone and PM10. The CAP presents a detailed description of the sources and pollutants which impact the jurisdiction, future air quality impacts to be expected under current growth trends, and an appropriate control strategy for reducing ozone precursor emissions, thereby improving air quality. Ordinance No. 1650 (2018 Series) EXHIBIT A Sources Potentially Significant Impact, greater than identified in the LUCE EIR Significant Impact Adequately Addressed in the LUCE EIR Less Than Significant Impact, consistent with the LUCE EIR No Impact, consistent with the LUCE EIR CITY OF SAN LUIS OBISPO INITIAL STUDY ENVIRONMENTAL CHECKLIST 2018 21 LUCE EIR Conclusion The LUCE EIR included a consistency analysis, which evaluated implementation of the LUCE against the land use goals, policies, control measures, and population projections contained in the CAP (refer to LUCE EIR Section 4.3 Air Quality, Impact AQ-2, Long-term). Based on this analysis, the LUCE EIR concluded that “implementation of the LUCE Update would not be consistent with the assumptions contained in the most recent version of the APCD’s CAP even with the incorporation of the proposed LUCE Update policies and existing City policies. Thus, long‐term air quality impacts are considered Class I, significant and unavoidable” (LUCE EIR Section 4.3 Air Quality, Impact AQ-2, Long-term). Upon certification of the LUCE EIR and approval of the LUCE Update, the City adopted a Statement of Overriding Considerations for this significant and unavoidable impact. Proposed Zoning Regulations Update Analysis and Conclusions The proposed Zoning Regulations Update, by itself, does not propose or authorize any development. Future land uses that occur pursuant to the proposed Project would be required to conform to all applicable regulations and LUCE and COSE policies and programs that relate to air quality (refer to COSE Section 2 Air) and CAP Control Measures (refer to LUCE EIR, Section 4.3 Air Quality, Table 4.3-1 Clean Air Plan Control Measure Consistency with LUCE Update). Pursuant to CEQA, future new land uses that occur pursuant to the proposed Zoning Regulations Update would be subject to their own environmental review on a project-by-project basis to assess impacts on air quality. Therefore, the proposed Project would not result in a significant air quality impact not examined or adequately addressed in the LUCE EIR. Conclusion. The proposed Project would make revisions, additions, corrections and clarifications to various sections of the Zoning Regulations to ensure consistency and successful implementation of the LUCE. The proposed Zoning Regulations Update would not allow new development in areas where such development is prohibited under the LUCE. Therefore, there would be no new air quality impacts that have not been previously disclosed and addressed in LUCE EIR Section 4.3 Air Quality. b), c) Both the US Environmental Protection Agency (EPA) and the California Air Resources Board (CARB) have established ambient air quality standards for common pollutants. These ambient air quality standards are levels of contaminants representing safe levels that avoid specific adverse health effects associated with each pollutant. The ambient air quality standards cover what are called “criteria” pollutants because the health and other effects of each pollutant are described in criteria documents. Areas that meet ambient air quality standards are classified as attainment areas, while areas that do not meet these standards are classified as nonattainment areas. San Luis Obispo is currently designated as nonattainment for the 1-hour and 8-hour State standards for ozone and the 24-hour State standard for PM10. LUCE EIR Conclusion Construction-related (Short-term) Impacts Construction emissions are described as “short‐term” or temporary in duration and have the potential to have an adverse effect on air quality. Ozone precursor emissions (i.e., ROG and NOx) are primarily associated with gas and diesel equipment exhaust and the application of architectural coatings. Fugitive dust emissions (i.e., PM10 and PM2.5) are primarily associated with site preparation and vary as a function of such parameters as soil silt content, soil moisture, wind speed, acreage of disturbance area, and vehicle miles traveled (VMT) by construction vehicles on‐ and off‐site. Typical construction equipment associated with development and redevelopment projects includes dozers, graders, excavators, loaders, and trucks. The LUCE EIR concluded that “implementation of the LUCE Update would involve construction of development projects that generate short‐term emissions of criteria air pollutants and ozone precursors. Emissions from individual construction projects could exceed APCD’s project‐level significance thresholds. Thus, implementation of the LUCE Update could result in construction‐generated emissions that violate or contribute substantially to an existing or projected air quality Ordinance No. 1650 (2018 Series) EXHIBIT A Sources Potentially Significant Impact, greater than identified in the LUCE EIR Significant Impact Adequately Addressed in the LUCE EIR Less Than Significant Impact, consistent with the LUCE EIR No Impact, consistent with the LUCE EIR CITY OF SAN LUIS OBISPO INITIAL STUDY ENVIRONMENTAL CHECKLIST 2018 22 violation, contribute a cumulatively considerable net increase of criteria air pollutants for which the region is designated as non‐attainment, and/or expose sensitive receptors to substantial pollutant concentrations. Adherence to relevant policies and implementation of APCD-recommended project‐specific mitigation measures would reduce potential short‐term impacts to a less-than‐significant level. Thus, construction‐generated air quality impacts are considered Class II, significant but mitigable” (LUCE EIR Section 4.3 Air Quality, Impact AQ-1, Short-term). The LUCE EIR determined that potential air quality impacts would be minimized to less than significant through implementation of mitigation measures identified by the APCD. Proposed Zoning Regulations Update Analysis and Conclusions Although it is not possible to speculate on the exact type, number, location, or timing of future development projects or on the precise nature or degree of environmental impacts associated with such projects, implementation of the Zoning Regulations Update would require construction activity resulting in the generations of criteria air pollutant and ozone precursor emissions. The LUCE EIR provides estimates of construction emissions of ROG, NOX, PM10, and PM2.5 using CalEEMod based on the description of land use changes (dwelling units and commercial square feet) associated with buildout under the LUCE. The LUCE EIR notes that daily emissions could exceed APCD’s applicable thresholds of significance for construction activities (e.g., 137 lb/day for ROG and NOX combined) (LUCE EIR Section 4.3 Air Quality). The APCD specifies construction mitigation measures designed to reduce emissions of ROG, NOx, PM10, and PM2.5 (both fugitive and exhaust) (refer to APCD 2012 CEQA Handbook). These include standard mitigation measures, best available control technology (BACT), and construction activity management plan (CAMP) and off‐site mitigation for construction equipment emissions; along with short and expanded lists for fugitive dust emissions. The City shall ensure the implementation of the most current APCD‐recommended construction mitigation measures to reduce construction‐generated emissions to less‐significant levels as defined by APCD. Individual development would be required to undergo separate environmental review, which may result in specific impacts that require project specific mitigation consistent with the most current APCD‐recommended construction mitigation measures. As stated in APCD’s CEQA Air Quality Handbook, if estimated construction emissions are expected to exceed either of the APCD Quarterly Tier 2 thresholds of significance after the standard and BACT measures are accounted for, then an APCD approved CAMP and off‐site mitigation would need to be implemented to reduce air quality impacts to a less‐than‐significant level. In addition, all fugitive dust sources shall be managed to ensure adequate control below 20% opacity as identified by Rule 401, for which compliance is required by law. In addition, future development will be subject to proposed performance standards, which state that “No use or activity shall be conducted without first obtaining any required permit from the County Air Pollution Control District” and “Uses shall be conducted to prevent dust or other airborne material from crossing property lines” (proposed Zoning Regulations Section 17.74.030). Adherence to relevant policies and implementation of APCD‐recommended project‐specific mitigation measures would reduce potential impacts associated with future development under the proposed Zoning Regulations Update to a less‐than‐significant level. Thus, consistent with the LUCE EIR, construction‐generated air quality impacts are considered significant but mitigable. Existing Regulatory Requirements Related to Asbestos and Equipment Operation In addition to construction-related emissions, naturally occurring asbestos (NOA) has been identified by the state Air Resources Board as a toxic air contaminant. Serpentine and ultramafic rocks are very common throughout California and may contain naturally occurring asbestos. The APCD has identified that NOA may be present throughout the City of San Luis Obispo (APCD 2012 CEQA Handbook, Technical Appendix 4.4), and under the ARB Air Toxics Control Measure (ATCM) for Construction, Grading, Quarrying, and Surface Mining Operations (93105) are therefore required to provide geologic evaluation prior to any construction activities. As such, impacts related to future development pursuant to the Zoning Regulations Update are considered significant but mitigable based on compliance with existing regulations. Future development under the Zoning Regulations Update may require demolition of non-historic structures and grading, which has the potential to disturb asbestos that is often found in older structures as well as underground utility pipes and pipelines (i.e. transite pipes or insulation on pipes). Demolition can have potential negative air quality impacts, including Ordinance No. 1650 (2018 Series) EXHIBIT A Sources Potentially Significant Impact, greater than identified in the LUCE EIR Significant Impact Adequately Addressed in the LUCE EIR Less Than Significant Impact, consistent with the LUCE EIR No Impact, consistent with the LUCE EIR CITY OF SAN LUIS OBISPO INITIAL STUDY ENVIRONMENTAL CHECKLIST 2018 23 issues surrounding proper handling, demolition, and disposal of asbestos containing material (ACM). As such, future projects may be subject to various regulatory jurisdictions, including the requirements stipulated in the National Emission Standard for Hazardous Air Pollutants (40CFR61, Subpart M – asbestos NESHAP). Impacts related to the proposed demolition of existing structures are considered to be significant but mitigable based on compliance with existing regulations. In addition, future projects may be subject to CARB or APCD permitting requirements. This includes portable equipment, 50 horsepower (hp) or greater or other equipment listed in the APCD’s 2012 CEQA Handbook, Technical Appendices, page 4-4. Truck trips associated with the proposed excavated site material (i.e., soils) that will be cut from the site may also be a source of emissions subject to SLO APCD permitting requirements, subject to a specifically selected truck route. The specific requirements and exceptions in the regulations can be reviewed at the following web sites: https://www.arb.ca.gov/msprog/truck-idling/factsheet.pdf and https://www.arb.ca.gov/regact/2007/ordiesl07/frooal.pdf. Impacts related to vehicle and heavy equipment emissions are considered to be significant but mitigable based on compliance with existing regulations. The proposed Zoning Regulations Update, by itself, does not propose or authorize any development. Future land uses that occur pursuant to the proposed Zoning Regulations Update would be required to conform to all applicable regulations, performance standards, and design standards as required by the City’s Municipal Code, the APCD, and CARB. Therefore, potentially significant impacts would be mitigated to less than significant through compliance with existing regulations and guidelines. Conclusion. The proposed Project would make revisions, additions, corrections and clarifications to various sections of the Zoning Regulations to ensure consistency and successful implementation of the LUCE. The proposed Zoning Regulations Update would not allow new urban development in areas where such development is prohibited under the LUCE. Therefore, there would be no new air quality impacts that have not been previously examined or adequately addressed in LUCE EIR Section 4.3 Air Quality. LUCE EIR Conclusion Operational (Long-term) Impacts. As described in the APCD 2012 CEQA Handbook, “operational impacts are focused primarily on the indirect emissions (i.e., motor vehicles) associated with residential, commercial and industrial development. Air pollutant emissions from urban development can result from a variety of sources, including motor vehicles, wood burning appliances, natural gas and electric energy use, combustion-powered utility equipment, paints and solvents, equipment or operations used by various commercial and industrial facilities, heavy-duty equipment and vehicles and various other sources”. A program level environmental review of long-term impacts resulting from implementation of the LUCE is presented in the LUCE EIR, and as directed by the APCD 2012 CEQA Handbook, consist of a qualitative analysis based upon criteria such as prevention of urban sprawl and reduced dependence on automobiles, and by comparing consistency of the project with the Transportation and Land Use Planning Strategies outlined in the APCD's Clean Air Plan (refer to a) above, and LUCE EIR, Section 4.3 Air Quality, Table 4.3-1 Clean Air Plan Control Measure Consistency with LUCE Update). The LUCE EIR concluded that “implementation of the LUCE Update would involve operation of development projects that generate long-term emissions of criteria air pollutants and ozone precursors. Implementation of the LUCE Update would not result in the exposure of sensitive receptors to substantial sources of local carbon monoxide concentrations, odors, or TACs. However, with regards to criteria air pollutants and precursors implementation of the LUCE Update would not be consistent with the assumptions contained in the most recent version of the APCD’s Clean Air Plan even with the incorporation of the proposed LUCE Update policies and existing City policies. Thus, long‐term air quality impacts are considered Class I, significant and unavoidable” (LUCE EIR Section 4.3 Air Quality, Impact AQ-2 Long-term). Upon certification of the LUCE EIR and approval of the LUCE Update, the City adopted a Statement of Overriding Considerations for this significant and unavoidable impact. Ordinance No. 1650 (2018 Series) EXHIBIT A Sources Potentially Significant Impact, greater than identified in the LUCE EIR Significant Impact Adequately Addressed in the LUCE EIR Less Than Significant Impact, consistent with the LUCE EIR No Impact, consistent with the LUCE EIR CITY OF SAN LUIS OBISPO INITIAL STUDY ENVIRONMENTAL CHECKLIST 2018 24 Proposed Zoning Regulations Update Analysis and Conclusions Consistent with the LUCE EIR, overall, implementation of the Zoning Regulations Update, including proposed modifications to minimum dwelling units on R-2, R-3, R-4, and O zoned lots, and the proposed change to increase allowable density on R-3 lots (as consistent with the General Plan), and proposed development occurring within the Upper Monterey Overlay zone, would involve operation of development projects that generate long‐term emissions of criteria air pollutants and ozone precursors. With regards to criteria air pollutants and precursors, similar to the conclusion in the LUCE EIR, implementation of the Project would not be consistent with the assumptions contained in the most recent version of the APCD’s Clean Air Plan even with implementation of COSE policies and programs (refer to COSE Section 2 Air Quality) and compliance with the LUE. Consistent with the conclusions of the LUCE EIR, long‐term air quality impacts resulting from future development constructed pursuant to the proposed Zoning Regulations Update are considered significant and unavoidable. The proposed Project, by itself, does not propose or authorize any development. Future land uses that occur pursuant to the proposed Zoning Regulations Update would be required to conform to all applicable regulations performance standards and design standards that address sustainability and air quality, including those of the Zoning Regulations, as updated, and the LUCE. Pursuant to CEQA, future new land uses that occur pursuant to the proposed Zoning Regulations Update would be subject to their own environmental review on a project-by-project basis to assess impacts on air quality. Therefore, the proposed Project would not result in a significant air quality impact not examined or adequately addressed in the LUCE EIR. Conclusion. The proposed Project would make revisions, additions, corrections and clarifications to various sections of the Zoning Regulations to ensure consistency and successful implementation of the LUCE. The proposed Zoning Regulations Update would not allow new development in areas where such development is prohibited under the LUCE. Consistent with the LUCE, the proposed Project may result in beneficial environmental impacts on air quality by developing incentives in the Downtown area to reduce the use of cars, including provisions that would allow for corner stores in residential areas, further allowing upper-story residential uses in commercial areas, providing for an enhanced pedestrian experience in the Downtown, providing additional dwelling units within medium to high residentially-zoned areas, maintaining rural character and protecting natural resource areas, incorporating further sustainability standards into land use regulations, and adjusting parking requirement to achieve multi-modal objectives identified in the General Plan. Therefore, there would be no new air quality impacts that have not been previously disclosed and addressed in LUCE EIR Section 4.3 Air Quality. d) LUCE EIR Conclusion The San Luis Obispo area is designated as an attainment area for carbon monoxide (CO) for both the CAAQS and NAAQS. The analysis in the LUCE EIR states that if a project would not increase traffic volumes at affected intersections to more than 44,000 vehicles per hour (or more than 24,000 vehicles per hour where vertical and/or horizontal mixing is substantially limited (e.g., tunnel, parking garage, bridge underpass, natural or urban street canyon, below‐grade roadway) then implementation would not result in or contribute to a CO violation. The LUCE EIR concluded that implementation of the LUCE Update would not result in the addition of vehicles to affected intersections that exceed these recommended levels. With regards to the exposure of sensitive receptors to toxic air contaminant (TAC) sources, there are no freeways or urban roadway segments with traffic volumes that exceed 100,000 vehicles per day and no rural roadways with volumes that exceed 50,000 vehicles per day within the City (LUCE EIR Section 4.3 Air Quality, Impact AQ-2, Long-term). The other types of TAC sources in the City (existing or proposed under implementation of the LUCE and Zoning Regulations Update) would be required by law to comply with APCD’s permit process, which would ensure exposure to sensitive receptors to TACS to be within acceptable levels. The LUCE EIR determined that “Implementation of the LUCE Update would not result in the exposure of sensitive receptors to substantial sources of local carbon monoxide concentrations, odors, or TACs” (LUCE EIR Section 4.3 Air Quality, Impact AQ-2, Long-term). Ordinance No. 1650 (2018 Series) EXHIBIT A Sources Potentially Significant Impact, greater than identified in the LUCE EIR Significant Impact Adequately Addressed in the LUCE EIR Less Than Significant Impact, consistent with the LUCE EIR No Impact, consistent with the LUCE EIR CITY OF SAN LUIS OBISPO INITIAL STUDY ENVIRONMENTAL CHECKLIST 2018 25 Proposed Zoning Regulations Update Analysis and Conclusions Overall, implementation of the Zoning Regulations Update would involve operation of development projects that generate long‐term emissions of criteria air pollutants and ozone precursors, consistent with the LUCE (refer to LUCE EIR Section 4.3 Air Quality, Impact AQ-2, Long-term, under discussion b). Implementation of the Zoning Regulations Update would not result in the exposure of sensitive receptors to substantial sources of local carbon monoxide concentrations or TACs, as development would occur in the areas assessed in the LUCE EIR. The proposed Zoning Regulations Update, by itself, does not propose or authorize any development. Future land uses that occur pursuant to the proposed Project would be required to conform to all applicable regulations, performance standards, and design standards as required by the City’s Municipal Code, the APCD, and CARB. Therefore, the proposed Project would not result in a significant air quality impact not examined or adequately addressed in the LUCE EIR, and impacts would be less than significant. Conclusion. The proposed Project would make revisions, additions, corrections and clarifications to various sections of the Zoning Regulations to ensure consistency and successful implementation of the LUCE. The proposed Zoning Regulations Update would not allow new urban development in areas where such development is prohibited under the LUCE. Therefore, there would be no new air quality impacts that have not been previously examined or adequately addressed in LUCE EIR Section 4.3 Air Quality. e) LUCE EIR Conclusion As noted in the LUCE EIR, City of San Luis Obispo General Plan Update Background Report (6.3), existing potential odor sources in the city include a wastewater treatment plant (35 Prado Road San Luis Obispo, CA 93401, and several automotive businesses. No other major odor sources are identified. Other minor sources of odor associated with typical land uses located in commercial and industrial areas in urban communities are currently present in the city, such as restaurants, auto repair facilities, gasoline stations, manufacturing plants, and other similar uses. The LUCE EIR determined that “Implementation of the LUCE Update would not result in the exposure of sensitive receptors to substantial sources of local carbon monoxide concentrations, odors, or TACs” (LUCE EIR Section 4.3 Air Quality, Impact AQ-2, Long-term). Proposed Zoning Regulations Update Analysis and Conclusions There are no major new sources of odor that are proposed or designated in the LUCE or Zoning Regulations Update. Various commercial and industrial land uses could be developed pursuant to the Zoning Regulations Update, but these are not typically associated with major sources. In addition, implementation of the LUCE and Zoning Regulations Update would not result in the placement of new sensitive receptors closer to existing sources in comparison to existing conditions, including underlying land use designations and zoning for uses considered sensitive. The proposed Zoning Regulations Update, by itself, does not propose or authorize any development. Future land uses that occur pursuant to the proposed Project would be required to conform to all applicable regulations, performance standards, and design standards as required by the City’s Municipal Code, the APCD, and CARB. Therefore, the proposed Project would not result in a significant air quality impact not examined or adequately addressed in the LUCE EIR, and impacts would be less than significant. Conclusion. The proposed Project would make revisions, additions, corrections and clarifications to various sections of the Zoning Regulations to ensure consistency and successful implementation of the LUCE. The proposed Zoning Regulations Update would not allow new urban development in areas where such development is prohibited under the LUCE. Therefore, there would be no new air quality impacts that have not been previously examined or adequately addressed in LUCE EIR Section 4.3 Air Quality. Ordinance No. 1650 (2018 Series) EXHIBIT A Sources Potentially Significant Impact, greater than identified in the LUCE EIR Significant Impact Adequately Addressed in the LUCE EIR Less Than Significant Impact, consistent with the LUCE EIR No Impact, consistent with the LUCE EIR CITY OF SAN LUIS OBISPO INITIAL STUDY ENVIRONMENTAL CHECKLIST 2018 26 4. BIOLOGICAL RESOURCES. Would the project: a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? 1, 2, 3, 4 X b) Have a substantial adverse effect, on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? 1, 2, 3, 4 X c) Have a substantial adverse effect on federally protected wetlands as defined in Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? 1, 2, 3, 4, 6 X d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? 1, 2, 3, 4 X e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? 1, 2, 3, 4, 6 X f) Conflict with the provisions of an adopted habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? 1, 2, 3, 4 X Evaluation The urbanized area of the City of San Luis Obispo lies at the convergence of two main geologic features: the Los Osos Valley which drains westerly into Morro Bay via Los Osos Creek, and the San Luis Valley which drains to the south-southwest into the Pacific Ocean at Avila Beach via San Luis Obispo Creek. San Luis Obispo, Stenner, Prefumo, and Brizzolara Creeks, and numerous tributary channels pass through the city, providing important riparian habitat and migration corridors connecting urbanized areas to less‐developed habitats in the larger LUCE Sphere of Influence (SOI) Planning Subarea surrounding the city. Much of the LUCE SOI Planning Subarea outside the city limits consist of open rangeland grazed year-round, along with agricultural lands dominated by annual crop rotations and vineyards. A variety of natural habitats and associated plant communities are present within the LUCE SOI Planning Subarea and support a diverse array of native plants and resident, migratory, and locally nomadic wildlife species, some of which are considered as rare, threatened, or endangered species. Serpentine soils and serpentine rock outcrops present within the LUCE SOI Planning Subarea typically support a high percentage of sensitive or special status plant species due to the unique chemical composition of this volcanic soil. The types and locations of habitats present are shown on LUCE EIR Section 4.4 Biological Resources, Figure 4.4‐1a Planning Area Habitat Map and Figure 4.4‐1b City of San Luis Obispo Habitat Map, and listed in LUCE EIR Section 4.4 Biological Resources, Table 4.4‐1, Habitat Types within the LUCE SOI Planning Subarea. LUCE EIR Section 4.4 Biological Resources, Table 4.4-1 Natural Habitat Constraints Summary identifies the special-status species associated with each habitat type within the City. The largest concentrations of natural and native habitats are located in the larger LUCE SOI Planning Subarea outside the city limits. LUCE EIR Section 4.4, Biological Resources, includes additional descriptions of habitats, vegetation types, special status plants and animals, and common wildlife and associated wildlife corridors found within the City and the LUCE SOI. a) The LUCE EIR and associated Background Report include the results of a search and review of the California Natural Diversity Database (CNDDB), which identified 30 special‐status plant species, four natural communities of special Ordinance No. 1650 (2018 Series) EXHIBIT A Sources Potentially Significant Impact, greater than identified in the LUCE EIR Significant Impact Adequately Addressed in the LUCE EIR Less Than Significant Impact, consistent with the LUCE EIR No Impact, consistent with the LUCE EIR CITY OF SAN LUIS OBISPO INITIAL STUDY ENVIRONMENTAL CHECKLIST 2018 27 concern, and 20 special‐status wildlife species with recorded occurrences within a 10‐mile search radius of the LUCE SOI Planning Subarea. Portions of the northern and eastern LUCE SOI Planning Subarea are located in California red‐legged frog (CRLF) Critical Habitat Unit SLO‐3—Willow and Toro Creeks to San Luis Obispo. LUCE EIR Section 4.4 Biological Resources, Figure 4.4‐2 CNDDB Botanical Occurrences within Planning Area and Figure 4.4‐3 CNDDB Wildlife Occurrences within Planning Area show the CNDDB plant and wildlife special‐status species recorded occurrences within the LUCE SOI Planning Subarea. LUCE EIR Section 4.4 Biological Resources, Table 4.4‐2 Special Status Plant Species and Natural Communities of Special Concern in the LUCE SOI Planning Subarea and Figure 4.4‐3 Special Status Wildlife Species in the LUCE SOI Planning Subarea show the scientific and common names and listing status for the special-status species present or with potential to occur in the LUCE SOI Planning Subarea. Additional species information is presented in the LUCE EIR Background Report. Focused biological surveys have not been conducted over the entire LUCE SOI Planning Subarea, and therefore, additional, previously unidentified species or habitats could also occur. Site‐specific surveys for any potentially sensitive species and habitats would be necessary to confirm presence/absence within a particular area prior to any development under the LUCE and Zoning Regulations Update. In addition, development within the City is subject to compliance with policies and programs that address special-status species and habitats, as identified in COSE Section 7, Natural Communities. LUCE EIR Conclusion Special-status Plants. Development under the LUCE Update has potential to impact special‐status plant species (as defined in LUCE EIR Section 4.4.1b) present within the LUCE SOI Planning Subarea. Although the majority of special-status plant species occurrences are located outside the city limits, development within any natural habitat type within the city limits could have potential to impact special‐status plant species. As identified in the LUCE EIR, “development consistent with the LUCE Update has the potential to impact special‐status plant species within the LUCE SOI Planning Subarea. With the incorporation of the proposed and existing City policies, and the requirements of regulatory and oversight agencies, potential impacts to special‐status plant species are considered Class III, less than significant” (LUCE EIR Section 4.4 Biological Resources, Impact BIO-3). Proposed Zoning Regulations Update Analysis and Conclusions Similar to the analysis of the LUCE, future development under the Zoning Regulations Update will be required to comply with local, state, and federal laws and policies, and all applicable permitting requirements of the regulatory and oversight agencies intended to address potential impacts to special‐status plant species. Future projects within or adjacent to known occurrences of a listed species, or habitat types that have potential to contain special‐status plant species, will undergo individual project environmental review to ensure protection of special‐status plant species populations. Focused biological surveys to determine presence/absence and map locations of special‐status plant species occurrences would be required prior to any ground disturbing activity. Impacts to special‐status plant species may require consultation with the California Department of Fish and Wildlife (CDFW) and U.S. Fish and Wildlife Service (USFWS), and mitigation would be required per city policy and state and federal regulations to offset any impacts associated with individual project development. Development under the proposed Zoning Regulations Update has potential to impact special‐status plant species within the LUCE SOI Planning Subarea. However, with adherence to the existing City policies and state and federal regulatory requirements, impacts would be addressed through either avoidance of the resource based on detailed site‐specific biological studies, or through the detailed mitigation requirements for the protection of plant species that occur on a given site. Implementation of proposed and existing local policies, as well as compliance with State and Federal laws and policies and the requirements of regulatory and oversight agencies as appropriate, and reliance on establishment of project‐specific mitigation measures where appropriate would reduce potential impacts to a less than significant level. LUCE EIR Conclusion Special-status Wildlife. Future development consistent with the General Plan has the potential to impact special‐status Ordinance No. 1650 (2018 Series) EXHIBIT A Sources Potentially Significant Impact, greater than identified in the LUCE EIR Significant Impact Adequately Addressed in the LUCE EIR Less Than Significant Impact, consistent with the LUCE EIR No Impact, consistent with the LUCE EIR CITY OF SAN LUIS OBISPO INITIAL STUDY ENVIRONMENTAL CHECKLIST 2018 28 wildlife species (as identified in LUCE EIR Section 4.4.1b). While the majority of special‐status wildlife species occurrences are located outside the city limits, development within grasslands, wetland, riparian, and forest/grove habitats within the city limits would have potential to impact special‐status wildlife. Projects within or adjacent to known occurrences of listed species, or habitat types that have potential to contain one or more special‐status wildlife species, would undergo individual project environmental review to ensure protection of those species. The existing General Plan requires focused biological surveys to determine presence/absence and map locations of special‐status wildlife species occurrences prior to any habitat disturbance. Impacts to special‐status wildlife species may require consultation with the CDFW, USFWS, and National Oceanic and Atmospheric Administration (NOAA) Fisheries, and mitigation would be required to offset specific project impacts. Implementation of LUE and COSE policies, as well as compliance with local, State and Federal laws and policies and the requirements of regulatory and oversight agencies as appropriate, and reliance on establishment of project‐specific mitigation measures where appropriate would reduce potential impacts to a less than significant level. As identified in the LUCE EIR, “development consistent with the LUCE Update has potential to impact special‐status wildlife species within the LUCE SOI Planning Subarea. With the incorporation of the proposed and existing City policies, and the requirements of regulatory and oversight agencies, potential impacts to special‐status wildlife species are considered Class III, less than significant” (LUCE EIR Section 4.3 Biological Resources, Impact BIO‐4). Proposed Zoning Regulations Update Analysis and Conclusions Similar to the analysis of the LUCE, future development pursuant to the Zoning Regulations Update will be required to comply with local, state, and federal laws and policies, and all applicable permitting requirements of the regulatory and oversight agencies intended to address potential impacts to special‐status wildlife species. Based on compliance with the LUCE and COSE, and adherence to the existing City regulations and state and federal regulatory requirements, future development projects with the potential to impact special‐status wildlife will be required to fully study project site resources, avoid disturbance of identified wildlife and their habitat and mitigate any impacts in accordance with qualified professionals under the authority of the jurisdictional agencies. Implementation of proposed and existing local policies, as well as compliance with state and federal laws and policies and the requirements of regulatory and oversight agencies as appropriate, and reliance on establishment of project‐specific mitigation measures where appropriate would reduce potential impacts to a less than significant level. The proposed Zoning Regulations Update, by itself, does not propose or authorize any development. Future land uses that occur pursuant to the proposed Project would be required to conform to all applicable policies, regulations, performance standards, and design standards as required by the City’s Municipal Code, the General Plan, and CEQA. Therefore, the proposed Project would not result in any significant impacts to special-status plants and wildlife not examined or adequately addressed in the LUCE EIR, and impacts would be less than significant. Conclusion. The proposed Project would make revisions, additions, corrections and clarifications to various sections of the Zoning Regulations to ensure consistency and successful implementation of the LUCE. The proposed Zoning Regulations Update would not allow new development in areas where such development is prohibited under the LUCE. Therefore, there would be no new impacts to special-status plant and wildlife species that have not been previously examined or adequately addressed in LUCE EIR Section 4.4 Biological Resources. b), c) LUCE EIR Conclusion Riparian and wetland habitats include streams, lakes, ponds, and associated natural vegetation adapted to increased soil moisture, and have a high potential to contain special status plant and animal species. Major examples in the City include San Luis Obispo, Stenner, Brizzolara, and Prefumo Creeks, Laguna Lake, and many smaller tributary drainages. These features and habitats pass through and border all other habitat types present in the LUCE SOI Planning Subarea and could be significantly impacted by implementation of the LUCE. All development in the City is subject to creek setback requirements and performance standards identified in the Zoning Regulations. Development under the LUCE Update has potential to impact four habitat types listed as Natural Communities of Special Concern by the CDFW, Serpentine Ordinance No. 1650 (2018 Series) EXHIBIT A Sources Potentially Significant Impact, greater than identified in the LUCE EIR Significant Impact Adequately Addressed in the LUCE EIR Less Than Significant Impact, consistent with the LUCE EIR No Impact, consistent with the LUCE EIR CITY OF SAN LUIS OBISPO INITIAL STUDY ENVIRONMENTAL CHECKLIST 2018 29 Bunchgrass, Northern Interior Cypress Stand, Central Maritime Chaparral, and Coastal and Valley Freshwater Marsh, that have high potential to support special‐status plant and wildlife species (refer to LUCE EIR Section 4.4 Biological Resources, Table 4.4‐2 Special Status Plant Species and Natural Communities of Special Concern in the LUCE SOI Planning Subarea). In addition, riparian, vernal pool, oak woodland, and native perennial grassland habitats present within the LUCE SOI Planning Subarea are considered sensitive by the CDFW and other regulatory agencies and could be impacted by future development (also see LUCE EIR Section 4.4 Biological Resources, Table 4.4‐4 Natural Habitat Constraints Summary). The LUCE EIR concluded that “development consistent with the LUCE Update has potential to impact four Natural Communities of Special Concern present within the LUCE SOI Planning Subarea including Serpentine Bunchgrass, Northern Interior Cypress Stand, Central Maritime Chaparral, and Coastal and Valley Freshwater Marsh. With the incorporation of the proposed and existing City policies, and the requirements of regulatory and oversight agencies, potential impacts to sensitive habitats are considered Class III, less than significant” (LUCE EIR Section 4.4 Biological Resources, Impact BIO‐2). Proposed Zoning Regulations Update Analysis and Conclusions Similar to the analysis in the LUCE EIR, potential near‐term and long‐term impacts resulting from implementation of the Zoning Regulations Update, including development in or near sensitive or jurisdictional areas may include loss of habitat and the introduction or increase of human presence. Specific impacts due to development include the disruption of patterns of habitat use, displacement of individuals, disruption of breeding habits, disruption and barriers to wildlife movements, increased mortality of wildlife species and in turn less prey, night lighting, and reduction of available habitat in general. The level of intensity of impacts related to human presence would depend upon the habitat disturbed and level of build out within these developable areas and adjacent habitat areas. COSE Policy 7.3 requires that projects within or adjacent to known occurrences of Natural Communities of Special Concern, or in areas that have potential to contain one or more of these habitats, would be expected to have a site-specific biology report prepared and undergo individual project environmental review to determine the location, extent, and proposed impact to those habitats. These project‐level biological surveys to map Special Concern or sensitive habitat boundaries, and to determine presence/absence of special‐status wildlife and plant species would be required prior to any ground disturbing activity. Any impacts to these habitats would require permits and/or authorization from local, state and federal regulatory agencies, including the City of San Luis Obispo, CDFW, Regional Water Quality Control Board (RWQCB), USFWS, NOAA Fisheries, and U.S. Army Corps of Engineers (USACE), and site‐specific mitigation would be required to offset impacts associated with project development. Similar to the conclusions in the LUCE EIR, based on compliance with LUCE and COSE policies, and the regulatory framework governing sensitive habitats and associated plant and wildlife species, potential impacts to Special Concern or sensitive habitats within the LUCE SOI Planning Subarea are considered potentially significant but mitigable. Future development consistent with the LUCE and Zoning Regulations Update will be required to comply with local, state, and federal laws and policies, and all applicable permitting requirements of the regulatory and oversight agencies intended to address potential impacts to natural communities of special concern. Individual development will be required to undergo separate environmental review, which may result in specific impacts that require project specific mitigation consistent with LUE and COSE policies. Potentially significant impacts that may occur as a result of implementation of the proposed Project would be reduced through goals, policies and programs that require either the protection and avoidance of protected resources prior to proposed development, or though the required mitigation of impacts to protected resources. Implementation of existing General Plan policies, as well as compliance with State and Federal laws and policies and the requirements of regulatory and oversight agencies as appropriate, and reliance on establishment of project‐specific mitigation measures where appropriate would reduce potential impacts to a less than significant level. The proposed Zoning Regulations Update, by itself, does not propose or authorize any development. Future land uses that occur pursuant to the proposed Project would be required to conform to all applicable policies, regulations, performance standards, and design standards as required by the City’s Municipal Code and General Plan. Therefore, the proposed Project would not result in any significant impacts to riparian, wetland, and other sensitive communities and habitats not Ordinance No. 1650 (2018 Series) EXHIBIT A Sources Potentially Significant Impact, greater than identified in the LUCE EIR Significant Impact Adequately Addressed in the LUCE EIR Less Than Significant Impact, consistent with the LUCE EIR No Impact, consistent with the LUCE EIR CITY OF SAN LUIS OBISPO INITIAL STUDY ENVIRONMENTAL CHECKLIST 2018 30 examined or adequately addressed in the LUCE EIR, and impacts would be less than significant. Conclusion. The proposed Project would make revisions, additions, corrections and clarifications to various sections of the Zoning Regulations to ensure consistency and successful implementation of the LUCE. The proposed Zoning Regulations Update would maintain and clarify required creek setback regulations and would not allow new development in areas where such development is prohibited under the LUCE. Therefore, there would be no new impacts to riparian, wetland, and other sensitive communities and habitats that have not been previously examined or adequately addressed in LUCE EIR Section 4.4 Biological Resources. e) LUCE EIR Conclusion As identified in the LUCE EIR, future development has the potential to impact common natural habitat types, common wildlife species, species of local concern, and associated wildlife corridors present within the LUCE SOI Planning Subarea. The LUCE EIR determined that “development under the LUCE Update has potential to impact common habitat types including non‐native annual grasslands and disturbed/ruderal areas that provide habitat for common wildlife and plant species. With the incorporation of the proposed LUCE Update policies and existing governing policies, potential impacts to these common habitats are considered Class III, less than significant” (LUCE EIR Section 4.4 Biological Resources, Impact BIO‐1). The LUCE EIR also determined that “development consistent with the LUCE Update has potential to impact common wildlife species and species of local concern within the LUCE SOI Planning Subarea. With the incorporation of the proposed and existing City policies, and the requirements of regulatory and oversight agencies, potential impacts to common and species of local concern are considered Class III, less than significant” (LUCE EIR Section 4.4, Biological Resources, Impact BIO‐5). Proposed Zoning Regulations Update Analysis and Conclusions Similar to the analysis in the LUCE EIR, development under the Zoning Regulations Update has potential to impact common wildlife species and species of local concern through habitat loss, migration corridor loss from the barrier effect of new roads and developed areas, and increased noise, traffic, lighting, and human presence. Development within or adjacent to any natural habitat type within the project area would have potential to impact these wildlife species. Projects within or adjacent to habitat types that have potential to contain common wildlife species would undergo individual project environmental review to ensure that avoidance and minimization measures are included in design, construction, and ongoing uses. Project‐specific mitigation measures may be required to offset impacts to common wildlife species and species of local concern associated with future project development consistent with the LUCE and Zoning Regulations Update. Future development will also be required to comply with local, state, and federal laws and policies, and all applicable permitting requirements of the regulatory and oversight agencies intended to address potential impacts to common wildlife and species of local concern. Individual development will be required to undergo separate environmental review, which may result in specific impacts that require project specific mitigation consistent with these policies. Based on compliance with existing LUCE and COSE policies and programs, adherence to the existing City regulations and state and federal regulatory requirements, future development projects with the potential to impact common and locally important wildlife will be required to fully study project site resources, avoid disturbance of identified wildlife and their habitat and mitigate any impacts in accordance with qualified professionals under the authority of the jurisdictional agencies. Implementation of proposed and existing local policies, as well as compliance with state and federal laws and policies and the requirements of regulatory and oversight agencies as appropriate, and reliance on establishment of project‐specific mitigation measures where appropriate would reduce potential impacts to a less than significant level. The proposed Zoning Regulations Update, by itself, does not propose or authorize any development. Future land uses that occur pursuant to the proposed Project would be required to conform to all applicable policies, regulations, performance standards, and design standards as required by the City’s Municipal Code and General Plan. Therefore, the proposed Project would not result in any significant impacts to fish and wildlife, and associated habitats and habitat corridors, not examined or adequately addressed in the LUCE EIR, and impacts would be less than significant. Ordinance No. 1650 (2018 Series) EXHIBIT A Sources Potentially Significant Impact, greater than identified in the LUCE EIR Significant Impact Adequately Addressed in the LUCE EIR Less Than Significant Impact, consistent with the LUCE EIR No Impact, consistent with the LUCE EIR CITY OF SAN LUIS OBISPO INITIAL STUDY ENVIRONMENTAL CHECKLIST 2018 31 Conclusion. The proposed Project would make revisions, additions, corrections and clarifications to various sections of the Zoning Regulations to ensure consistency and successful implementation of the LUCE. The proposed Zoning Regulations Update would maintain and clarify required creek setback regulations and would not allow new development in areas where such development is prohibited under the LUCE. Therefore, there would be no new impacts to fish and wildlife, and associated habitats and habitat corridors that have not been previously examined or adequately addressed in LUCE EIR Section 4.4 Biological Resources. e), f) Development within the City is subject to existing policies and programs identified in the General Plan, including the LUE and COSE, and the City’s Municipal Code, including Chapter 12.24, Tree Regulations. The proposed Project would not modify or conflict with these existing policies or regulations, and include clarifications to regulations specific to hillside development and development on slopes exceeding 16 percent, which would further protect natural resources found on hillside locations by implementing the goals of the COSE, including: 1. To protect 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; 2. To avoid encroachment into sensitive habitats or unique resources as defined in the Conservation and Open Space Element; 3. 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 4. To protect the City’s scenic setting. The proposed Zoning Regulations Update, by itself, does not propose or authorize any development. Future land use that occur pursuant to the proposed Project would be required to conform to all applicable regulations, performance standards and design standards of the Zoning Regulations as updated, the Tree Regulations, the LUCE, and the COSE that address natural resources. Pursuant to CEQA, future new land uses that occur pursuant to the proposed Zoning Regulations Update would be subject to their own environmental review on a project-by-project basis to assess impacts on natural resources. Therefore, the proposed project would not conflict with any local policies or ordinances protecting biological resources. Impacts would be less than significant. Conclusion. The proposed Project would make revisions, additions, corrections and clarifications to various sections of the Zoning Regulations to ensure consistency and successful implementation of the LUCE and other elements of the General Plan, including the COSE. Therefore, there would be no new impacts that have not been previously examined or adequately addressed in LUCE EIR Section 4.4 Biological Resources. 5. CULTURAL RESOURCES. Would the project: a) Cause a substantial adverse change in the significance of a historic resource as defined in §15064.5. 1, 2, 3, 4, 6, 9, 10 X b) Cause a substantial adverse change in the significance of an archaeological resource pursuant to §15064.5) 1, 2, 3, 4, 6, 9, 10, 11 X c) Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? 1, 2, 3, 4 X d) Disturb any human remains, including those interred outside of formal cemeteries? 1, 2, 3, 4, 6, 9, 10, 11 X Evaluation The City of San Luis Obispo is located within the area historically occupied by the Obispeño Chumash, the northernmost of the Chumash people of California. The San Luis Obispo area became colonialized by the Spanish Incursion initially in 1542, with Ordinance No. 1650 (2018 Series) EXHIBIT A Sources Potentially Significant Impact, greater than identified in the LUCE EIR Significant Impact Adequately Addressed in the LUCE EIR Less Than Significant Impact, consistent with the LUCE EIR No Impact, consistent with the LUCE EIR CITY OF SAN LUIS OBISPO INITIAL STUDY ENVIRONMENTAL CHECKLIST 2018 32 the first official settlement on Chumash Territory occurring in 1772, when the Mission San Luis Obispo de Tolosa was established. Since this period, a timeline of San Luis Obispo modern occupation has been broken down into multiple smaller eras, the first of which being the Spanish Incursion—the Mission Era lasted from 1772‐1850. In 1822 California became a Mexican Territory, and the mission lands gradually became private ranchos via new Mexican land grants. In 1834, the proclamation for secularization was issued, and the Mission was effectively disbanded. By that time, “missionization,” disease, and destruction of the native subsistence base had decimated the Chumash and their culture. Immigrants began coming to the state in the 1850’s, during the Early Settlement Era (lasting from 1850‐1875), and by the 1870’s (after the earliest arrivals of Chinese immigrants in 1969), a Chinatown district had been established in the downtown area near Palm and Morro Street. By 1875, 2,500 residents were documented in a 4‐square mile area around what is not the City of San Luis Obispo. Population growth and advancements in technology continued to occur during this Industrial Era (1875‐1900). The period from 1900‐1945, is said to commence exponential rates of population growth for the area. The last era of growth is said to have lasted from 1945 to the present. Many of the residential subdivisions in the Foothill and Laguna Lake area were developed between 1945 and 1970 and the city’s population increased by 53% during this time. As new projects are proposed, the City continues to make strong efforts in conserving the natural and historical resources and character that lie within the community so as to maintain a connection to the past. Regarding paleontological resources, the only fossil resources likely to occur in the City are of Quaternary (Pleistocene) age. The Quaternary is the most recent of the three Periods of the Cenozoic Era in the geologic time scale. It follows the Tertiary Period, spanning from about 2,588,000 years ago to the present. The LUCE EIR notes three reported vertebrate localities along the coast within nine miles of the city, which include assemblages of the mammals Equus sp. and E. occidentalis (horse); Camelops sp. and C. hesternus (camel); Bison antiquus and B. latifrons (bison), and Mammut americanum (mammoth). This information, and additional background is provided in LUCE EIR Section 4.5 Cultural Resources. a) A historical resource is defined in Section 15064.5(a) of the CEQA Guidelines as a resource listed in or eligible for listing in the California Register of Historical Resources; a resource included in a local register of historical resources; or any object, building, structure, site, area, place, record or manuscript determined to be historically significant or significant in the architectural, engineering, scientific, economic, agricultural, educational, social, political, military or cultural annals of California. Generally, a resource is considered to be “historically significant” if it meets one of the following criteria:  Is associated with events that have made a significant contribution to the broad patterns of California’s history and cultural heritage;  Is associated with the lives of persons important in our past;  Embodies the distinctive characteristics of a type, period, region or method of construction, or represents the work of an important creative individual, or possesses high artistic values; or  Has yielded, or may be likely to yield, information important in prehistory or history.  Resources listed in or determined eligible for the California Register, included in a local register, or identified as significant in a historic resource survey are also considered historical resources under CEQA. Historic resources in the City are subject to the policies and regulations contained in the General Plan, Historic Preservation Ordinance, Historic Preservation Program Guidelines. These policies and regulations also identify the review process for actions proposed within historical districts (see LUCE EIR Section 4.5, Cultural Resources Figure 4.5-1 City of San Luis Obispo Historical Districts) and on properties that contain Master List and Contributing Historic Resources. LUCE EIR Conclusion The LUCE EIR concludes that “development allowed by the LUCE update could cause a substantial adverse change in the significance of a historical resource which is either listed or eligible for listing on the National Register of Historic Places, the California Register of Historic Resources, or a local register of historic resources. This impact is considered to be Class II, significant but mitigable” (LUCE EIR Section 4.5, Cultural Resources Impact CR‐1). Ordinance No. 1650 (2018 Series) EXHIBIT A Sources Potentially Significant Impact, greater than identified in the LUCE EIR Significant Impact Adequately Addressed in the LUCE EIR Less Than Significant Impact, consistent with the LUCE EIR No Impact, consistent with the LUCE EIR CITY OF SAN LUIS OBISPO INITIAL STUDY ENVIRONMENTAL CHECKLIST 2018 33 Proposed Zoning Regulations Update Analysis and Conclusions Similar to the analysis in the LUCE EIR, intensification of land uses anticipated to occur in certain areas of the city under the Zoning Regulations Update could have an adverse effect on historic structures by damaging or destroying historical buildings or structures, diminishing the integrity of the context and setting of individual properties, or diminishing the integrity of the historical district. The loss of historic buildings or new developments within the existing historic districts that could impact historical resources is considered potentially significant. However, the policies and programs identified in the LUCE and COSE, the City’s Historic Preservation Ordinance, Historic Preservation Program Guidelines, Historic Context Statement, Archaeological Resource Preservation Program Guidelines, the City‐designated Cultural Heritage Committee (CHC) policies and guidelines, and compliance with CEQA directly address this impact. Development facilitated under the Zoning Regulations Update will have the potential to result in impacts to historical resources. These changes are subject to the policies and regulations identified above, which target historical resource protection. Compliance with existing regulations, standards, and guidelines, in addition to project review by the Cultural Heritage Committee, will help govern development and redevelopment that may occur during the lifetime of the LUCE and proposed Zoning Regulations. All of these plans and documents work together to protect San Luis Obispo’s historical resources and are a means to retain the community character and history, while providing enhancements in certain areas of the city. Impacts will be less than significant with implementation of applicable policies and regulations. Individual development pursuant to the Zoning Regulations Update will be required to undergo separate environmental review, which may result in specific impacts that require project specific mitigation consistent with these policies. Based on compliance with existing City policies, programs, and regulations related to historic resources, impacts can be avoided through the protection of known historic structures and through the study of potentially historic resources prior to construction and through measures required to preserve significant resources, which will reduce impacts to less than significant levels. The proposed Zoning Regulations Update, by itself, does not propose or authorize any development, and would continue to provide for the protection of the City’s historic resources. The proposed Zoning Regulations Update would not make any changes to the Historic Preservation Ordinance and would not allow new development in areas where such development is prohibited under the LUCE. Therefore, impacts would be less than significant. Conclusion. The proposed Project would make revisions, additions, corrections and clarifications to various sections of the Zoning Regulations to ensure consistency and successful implementation of the LUCE. Future land use that occur pursuant to the proposed Project would be required to conform to all applicable regulations of the Zoning Regulations, as updated, the LUCE and COSE, the Historic Preservation Ordinance, and Historic Preservation Program Guidelines, all of which address historical resources. Notwithstanding existing provisions that aim to protect existing historic resources, demolition or alteration of a historical resource on a parcel in the City could conceivably occur as a result of individual development projects. Pursuant to CEQA, future new land uses that occur pursuant to the proposed Zoning Regulations Update would be subject to their own environmental review on a project-by-project basis to assess impacts on historical resources. Therefore, the proposed Project would not result in a significant impact on historical resources not examined or adequately addressed in LUCE EIR Section 4.5, Cultural Resources. b), c), d) LUCE EIR Conclusion As documented in the LUCE EIR, proposed development under the policies proposed under the LUCE could impact areas that contain previously identified and previously unidentified archaeological and paleontological resources such as sites containing Native American artifacts, burial sites/human remains, buildings or structures dating from the identified Mission era, or early urbanization periods. The degree of such impacts is dependent upon the proximity of new construction or development to previously identified archaeological and paleontological sites, and also dependent upon the level of development near previously unidentified resources. The LUCE encourages infill development in areas already within the city, which would be facilitated by the updates proposed for the Zoning Regulations. Infill development typically reduces the pressure to develop on the edges of the city, which could have impacts on previously unidentified archaeological and paleontological resources. However, due to the nature of new developments, some future structures may interfere or coincide with previously unidentified archaeological and paleontological resources. If archaeological and paleontological Ordinance No. 1650 (2018 Series) EXHIBIT A Sources Potentially Significant Impact, greater than identified in the LUCE EIR Significant Impact Adequately Addressed in the LUCE EIR Less Than Significant Impact, consistent with the LUCE EIR No Impact, consistent with the LUCE EIR CITY OF SAN LUIS OBISPO INITIAL STUDY ENVIRONMENTAL CHECKLIST 2018 34 resources are discovered, existing codes and policies stipulate treatment methods for evaluation and treatment of the resources. Implementation of these policies on a project‐by‐project basis would require the preparation of site‐specific archaeological and paleontological studies in areas of potential sensitivity as well as mitigation of impacts to any identified resources. In addition, implementation of the City’s Archaeological Preservation Program Guidelines is intended to incorporate archaeological resource preservation during the early stages of project planning and design. Property owners, developers, builders, design professionals and others involved in public or private development can use these guidelines to anticipate City concerns, protect important cultural resources, and to design their projects so as to avoid delays during development review and construction. The LUCE EIR concluded that “development facilitated by Land Use and Circulation Element Update could adversely affect identified and previously unidentified archaeological and paleontological resources. This includes potential disturbance of human remains. General Plan policies would ensure that such impacts are addressed on a case‐by‐case basis. Impacts would be considered Class III, less than significant” (LUCE EIR Section 4.5, Cultural Resources, Impact CR-2). In addition, the LUCE EIR determined that “development facilitated by the LUCE Update could…result in the loss of a unique geologic feature. However, compliance of future development projects with…adopted General Plan policies would ensure that resulting impacts are Class III, less than significant” (LUCE EIR, Section 4.6 Geology and Soils, Impact GEO- 3). Proposed Zoning Regulations Update Analysis and Conclusions Similar to the analysis in the LUCE EIR, development facilitated under the Zoning Regulations Update will result in impacts to archaeological and paleontological resources and undiscovered human remains. These changes are subject to the policies and regulations included in the existing and proposed policies that target historical resource protection. The City Historic Preservation Ordinance, Historic Preservation Program Guidelines, Historic Context Statement, Archaeological Resource Preservation Program Guidelines and review by the Cultural Heritage Committee will govern development and redevelopment that may occur during the lifetime of the LUCE and Zoning Regulations Update. All of these plans and documents work together to protect San Luis Obispo’s archaeological and paleontological resources and are a means to retain the community character and history, while providing enhancements in certain areas of the city. Impacts will be less than significant with implementation of Applicable policies and regulations. Individual development will be required to undergo separate environmental review, which may result in specific impacts that require project specific mitigation consistent with existing policies and regulations. Excavation of land, or development on previously undisturbed lands, may affect paleontological resources. COSE Policy 3.5.1 (Archaeological resource protection) requires protection of both archaeological and paleontological resources through compliance with the City’s Archeological Resource Preservation Guidelines. This linkage through policy ensures that other COSE policies such as 3.5.3 that prohibits non‐development related destruction of resources; and, 3.5.12 that protects resources with open space designations; and, 3.6.5 through 3.6.7 regarding the treatment and curation of resources, would apply to paleontological resources. The existence of resources would be determined during the exploration of a development site at the time of a development proposal as required by COSE Policy 3.5.1. With implementation of the existing COSE policies and compliance with state law, the impact to paleontological resources is considered less than significant. Development facilitated by the Zoning Regulations Update could adversely affect identified and previously unidentified archaeological and paleontological resources, including the potential disturbance of human remains. However, adherence to existing Federal, State and City policies and programs discussed above will address these impacts by requiring the study of site-specific resources, identification of significant resources present within a given project site, requirements to avoid significant resources and requirements to mitigate any impacts to these resources through project design, monitoring and Native American consultation. As such, impacts are considered less than significant. The proposed Zoning Regulations Update, by itself, does not propose or authorize any development. Future land use that occur pursuant to the proposed Project would be required to conform to federal, State, and local guidelines and Ordinance No. 1650 (2018 Series) EXHIBIT A Sources Potentially Significant Impact, greater than identified in the LUCE EIR Significant Impact Adequately Addressed in the LUCE EIR Less Than Significant Impact, consistent with the LUCE EIR No Impact, consistent with the LUCE EIR CITY OF SAN LUIS OBISPO INITIAL STUDY ENVIRONMENTAL CHECKLIST 2018 35 requirements that address the discovery of archaeological and paleontological resources. Pursuant to CEQA, future new land uses that occur pursuant to the proposed Zoning Regulations Update would be subject to their own environmental review on a project-by-project basis to assess impacts on archaeological resources. Therefore, the proposed Project would not significantly disturb archaeological or paleontological resources. Impacts would be less than significant. Conclusion. The proposed Project would make revisions, additions, corrections and clarifications to various sections of the Zoning Regulations to ensure consistency and successful implementation of the LUCE. The proposed Zoning Regulations Update would not allow new development in areas where such development is prohibited under the LUCE. Future development that occurs pursuant to the proposed Project would be required to conform to all applicable regulations of the Zoning Regulations, as updated, the LUCE and COSE, the Historic Preservation Ordinance, Historic Preservation Program Guidelines, and Archaeological Resource Preservation Program Guidelines, which address historical, archaeological, and paleontological resources. In addition, future actions are subject to State CEQA Guidelines Section 15064.5 relating to the discovery of human remains Therefore, there would be no new impacts that have not been previously examined or adequately addressed in LUCE EIR Section 4.5, Cultural Resources. 6. GEOLOGY AND SOILS. Would the project: a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury or death involving: 1, 2, 3, 4, 6, 13, 14 I. Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. X II. Strong seismic ground shaking? X III. Seismic-related ground failure, including liquefaction? X IV. Landslides? X b) Result in substantial soil erosion or the loss of topsoil? 1, 2, 6, 13, 14 X c) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on or off site landslide, lateral spreading, subsidence, liquefaction or collapse? 1, 2, 6, 13, 14 X d) Be located on expansive soil, as defined in Table 1802.3.2 of the California Building Code (2013), creating substantial risks to life or property? 1, 2, 6, 13, 14 X e) Have soils incapable of adequately supporting the use of septic tanks or alternative waste water disposal systems where sewers are not available for the disposal of waste water? X Evaluation San Luis Obispo County lies within the southern Coast Range Geomorphic Province, which lies between the Central Valley of California and the Pacific Ocean and extends from Oregon to northern Santa Barbara County. The Coast Range province is structurally complex and is comprised of sub‐parallel northwest‐southeast trending faults, folds, and mountain ranges. The most distinctive geomorphological feature of the San Luis Obispo area is the series of Tertiary aged volcanic plugs (remnants of volcanoes) which extend from the City of San Luis Obispo northwesterly to Morro Bay. Hollister Peak, Bishop Peak, Cerro San Luis Obispo, Islay Hill, and Morro Rock are all comprised of these volcanic plugs. There are over 21 major and minor peaks in the Morros, but there are nine major peaks, hence the name commonly used, “The Nine Sisters”. The nine major peaks are: Morro Rock, Black Hill, Cabrillo Peak, Hollister Peak, Cerro Romauldo, Chumash Peak, Bishop Peak, Cerro San Luis Obispo, and Islay Hill. The Nine Sisters form a divider between the Los Osos Valley and Chorro Valley, covering approximately 40 square miles. Ordinance No. 1650 (2018 Series) EXHIBIT A Sources Potentially Significant Impact, greater than identified in the LUCE EIR Significant Impact Adequately Addressed in the LUCE EIR Less Than Significant Impact, consistent with the LUCE EIR No Impact, consistent with the LUCE EIR CITY OF SAN LUIS OBISPO INITIAL STUDY ENVIRONMENTAL CHECKLIST 2018 36 Seismicity and Ground Shaking. Faults produce ground shaking and/or surface rupture. Seismically induced ground shaking covers a wide area and is greatly influenced by the distance of the site to the seismic source, soil conditions, and depth to groundwater. Surface rupture is limited to very near the fault. Other hazards associated with seismically induced ground shaking include earthquake‐triggered landslides, liquefaction, and tsunamis. The predominant northwest‐southeast trending structures of the Coast Range Province are related to the San Andreas Fault Transform Boundary. Other faults in the San Luis Obispo area that are considered active or potentially active include the San Juan Fault, the East and West Huasna Faults, the Nacimiento Fault Zone, the Oceano Fault, the Oceanic Fault, Cambria Fault, the Edna Fault, the Hosgri Fault, and the Los Osos Fault. The East and West Huasna Faults, the Nacimiento Fault Zone, the Cambria Fault, and the Edna Fault have not yet been officially classified by the California Division of Mines and Geology (LUCE EIR Section 4.6, Geology and Soils). As depicted in LUCE EIR Section 4.6 Geology and Soils, Figure 4.6‐1 Earthquake Faults – Regional Area and Figure 4.6.2 Earthquake Faults – Local Area, the City is located in a seismically active area. Local active and potentially active faults are shown on these figures, and represent seismic hazards related to surface displacement and seismically induced ground acceleration. These faults are described in detail in LUCE EIR Section 4.6 Geology and Soils. Liquefaction Hazards. Liquefaction is defined as the transformation of a granular material from a solid state to a liquefied state as a consequence of increased pore water pressure. As a result, structures built on this material can sink into the alluvium, buried structures may rise to the surface or materials on sloped surfaces may run downhill. Other effects of liquefaction include lateral spread, flow failures, ground oscillations, and loss of bearing strength. The soils in the San Luis Obispo area that are most susceptible to ground shaking, and which contain shallow ground water, are the ones most likely to have a potential for settlement and or liquefaction (refer to LUCE EIR Section 4.6 Geology and Soils, Figure 4.6‐3 Seismic and Landslide Hazards). The actual risk of settlement or liquefaction is identified by investigation of specific sites, including subsurface sampling, by qualified professionals. Previous investigations have found that the risk of settlement for new construction can be reduced to an acceptable level through careful site preparation and proper foundation design, and that the actual risk of liquefaction is low. Landslide Hazards. Landslides occur when the underlying support can no longer maintain the load of material above it, causing a slope failure. Ground shaking and landslide hazards are mapped by the City and are shown in LUCE EIR Section 4.6 Geology and Soils, Figure 4.6‐3 Seismic and Landslide Hazards. Much of the development in San Luis Obispo is in valleys, where there is low potential for slope instability; however, the city contains extensive hillsides. Several are underlain by the rocks of the Franciscan group, which is a source of significant slope instability. The actual risk of slope instability is identified by investigation of specific sites, including subsurface sampling, by qualified professionals. The California Building Code (CBC) and City Municipal Code require site‐specific investigations and design proposals by qualified professionals in areas that are susceptible to slope instability and landslides. Other Hazards. Differential settlement is the downward movement of the land surface resulting from the compression of void space in underlying soils. Portions of the city have been identified as possibly being underlain by soft organic soils, resulting in a high potential for settlement. Other potential geologic hazards in the City include expansive soils, and subsidence, which occurs where underlying geologic materials (typically loosely consolidated surficial silt, sand, and gravel) undergo a change from looser to tighter compaction, and as a result, the ground surface subsides (lowers) (refer to LUCE EIR Section 4.6 Geology and Soils, Table 4.6-1 City of San Luis Obispo Soil Properties). a) The City is located in Seismic Zone 4, the highest level of potential earthquake threat in the State of California. City General Plan Safety Element Figure 3, Earthquake Faults – Local Area shows mapped and inferred faults in the San Luis Obispo area, including the Los Osos Fault, which is identified under the California Alquist Priolo Fault Hazards Act. LUCE EIR Conclusion The LUCE EIR concluded that “new development under the LUCE Update could be susceptible to impacts from future seismic events, creating the potential for structural damage or health and safety risks. However, compliance with required building codes and implementation of General Plan polices would result in a Class III, less than significant impact” (LUCE Ordinance No. 1650 (2018 Series) EXHIBIT A Sources Potentially Significant Impact, greater than identified in the LUCE EIR Significant Impact Adequately Addressed in the LUCE EIR Less Than Significant Impact, consistent with the LUCE EIR No Impact, consistent with the LUCE EIR CITY OF SAN LUIS OBISPO INITIAL STUDY ENVIRONMENTAL CHECKLIST 2018 37 EIR, Section 4.6 Geology and Soils, Impact GEO-1). Proposed Zoning Regulations Update Analysis and Conclusions Consistent with the analysis in the LUCE EIR, no hazards related to fault rupture area are expected to occur as a result of implementation of the proposed Zoning Regulations Update because no historically active, active or potentially active faults are located within or in the immediate vicinity of the city. However, regional faults that could result in strong groundshaking including the San Andreas, San Juan Fault, the East and West Huasna Faults, the Nacimiento Fault Zone, the Oceano Fault, the Oceanic Fault, Cambria Fault, the Edna Fault, the Hosgri Fault, and the Los Osos Fault. The range of maximum probable magnitudes for earthquakes emanating from these faults ranges from 6.5 to 7.8, which would affect existing and future development. Based on compliance with required building codes and the City’s General Plan, impacts would be less than significant. LUCE EIR Conclusion Regarding liquefaction, the LUCE EIR concluded that “future seismic events could result in liquefaction of soils near San Luis Obispo Creek, Prefumo Creek and other low‐lying areas. Development in these areas could be subject to liquefaction hazards. The compliance of future development projects with the California Building Code (CBC) and General Plan policies would result in Class III, less than significant impacts” (LUCE EIR, Section 4.6, Geology and Soils Impact GEO‐2). Proposed Zoning Regulations Update Analysis and Conclusions Implementation of the proposed Zoning Regulations Update would facilitate the development and redevelopment of lands within the City. Areas near San Luis Obispo Creek, Prefumo Creek, and other low-lying areas are susceptible to high groundwater occurrences and most of the existing City has high liquefaction potential (refer to LUCE EIR Section 4.6 Geology and Soils, Figure 5 Groundshaking & Landslide Hazards). Based on compliance with required building codes and the City’s General Plan, impacts would be less than significant. LUCE EIR Conclusion The LUCE EIR notes that build-out in areas that exhibit landslide hazards would have the potential to result in significant impacts related to slope instability. The City requires the completion of detailed soils reports and ensures that the project design follows the recommendation in the report. The LUCE EIR concluded that “steep slopes outside of the existing city limits present potential on‐ or off‐site landslide hazards. In addition to human safety impacts, a landslide has the potential to damage or destroy structures, roadways and other improvements as well as to deflect and block drainage channels, causing further damage and erosion, including loss of topsoil. The compliance of future development projects with the California Building Code (CBC) and General Plan policies would result in Class III, less than significant impacts” (LUCE EIR Section 4.6 Geology and Soils, Impact GEO-4). Proposed Zoning Regulations Update Analysis and Conclusions Implementation of the proposed Zoning Regulations Update would facilitate the development and redevelopment of lands within the City, and hillside areas identified for future annexation. Consistent with the LUCE EIR, future development may be subject to direct and indirect impacts related to landslide hazards. Based on compliance with required building codes and the City’s General Plan, impacts would be less than significant. The existing General Plan includes several policies that are intended to minimize potential impacts due to seismicity including: LUE Policy 6.4 Hillside Policies; and Safety Element Policies 4.5 Avoiding Faults, 4.6 Avoiding Slope Instability, and 4.7 Avoiding Liquefaction Hazards. In addition, the proposed Project includes updated hillside development standards, which are proposed to implement goals of the COSE, including protection of the “health, safety Ordinance No. 1650 (2018 Series) EXHIBIT A Sources Potentially Significant Impact, greater than identified in the LUCE EIR Significant Impact Adequately Addressed in the LUCE EIR Less Than Significant Impact, consistent with the LUCE EIR No Impact, consistent with the LUCE EIR CITY OF SAN LUIS OBISPO INITIAL STUDY ENVIRONMENTAL CHECKLIST 2018 38 and welfare of community residents by directing development away from areas with hazards such as landslides, wildland fires, flooding and erosion” (refer to Article 3, Hillside Development Standards). The proposed Hillside Development Standards chapter includes standards requiring that “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 identifies standards specific to density, proximity to ridgelines, protection of natural slopes 26 percent and greater, and maximum 20 land disturbance area. Consistent with the LUCE, implementation of proposed Zoning Regulations Update would facilitate the development and redevelopment of lands within the City, including areas with potential geologic hazards and soil types conducive to liquefaction and other stability risks. The potential human health and safety impacts from seismic events would be mitigated by existing regulations including the CBC. The City periodically updates the version of the CBC in use to keep current with changes in technology and research regarding building construction and safety. The City’s adoption of the CBC includes standards for new construction affecting plumbing, electrical, construction unreinforced masonry, wells, property maintenance. Proper engineering, including compliance with the CBC, the City of San Luis Obispo Municipal Code, existing policies identified in the LUE and Safety Element, and updated Hillside Development Standards included in the proposed Project would minimize the risk to life and property and would reduce impacts to less than significant levels. The proposed Project, by itself, does not propose or authorize any development. Future land uses that occur pursuant to the proposed Zoning Regulations Update would be required to conform to all General Plan policies, and applicable regulations, standards and design standards of the CBC, Municipal Code, and Zoning Regulations (Hillside Development Standards) that address seismic hazards. In addition, the City Municipal Code identifies building requirements to ensure the safety of life and property through the regulation of development under Title 15 Building and Construction, Section 15.04 – Construction and Fire Prevention Regulations. This would include the Unreinforced Masonry Hazard Mitigation Program. Therefore, the proposed Zoning Regulations Update would not expose people or structures to substantial adverse effects due to seismicity. Impacts would be less than significant. Conclusion. The proposed Zoning Regulations Update would make revisions, additions, corrections and clarifications to various sections of the Zoning Regulations to ensure consistency and successful implementation of the LUCE. The proposed Zoning Regulations Update would not make changes to the City’s Municipal Code that addresses geologic risks and building safety. Proposed Hillside Development Standards would further minimize potential seismic risks. Additionally, the proposed Project would not allow new development in areas where such development is prohibited under the LUCE. Therefore, there would be no new seismic-related impacts that have not been previously examined or adequately addressed in LUCE EIR Section 4.6 Geology and Soils). b) As shown in LUCE EIR Section 4.6 Geology and Soils, Table 4.6-1 City of San Luis Obispo Soil Properties, soils throughout the City of San Luis Obispo have high to very high erosion potential. Structures and facilities constructed on highly erosive soils, as well as occupants of the structures, would have the potential to be exposed to hazards related to erosion. The CBC includes requirements to address soil related hazards. Typical measures included in the CBC requirements intended to treat hazardous soil conditions involve removal, proper fill selection, and compaction. The City’s Municipal Code requires implementation of erosion control measures, as approved through the grading and building permit process (refer to related Municipal Code sections including but not limited to Chapter 15.04 Construction and Fire Prevention Regulations, Chapter 12.08 Urban Storm Water Quality Management and Discharge Control, Chapter 16.18 General Subdivision Standards, Chapter 16.20 Physical Improvement Standards and Procedures, and Chapter 17.84 Floodplain Management Regulations). LUCE EIR Conclusion The LUCE EIR determined that erosion would not be a substantial constraint to development of individual sites provided that adequate soil and foundation studies are performed prior to construction in accordance with the CBC and existing General Plan policies. The City requires submittal of erosion control plans and the completion of detailed soils reports and ensures that the project design follows the recommendation in the report and plan. The LUCE EIR concluded that Ordinance No. 1650 (2018 Series) EXHIBIT A Sources Potentially Significant Impact, greater than identified in the LUCE EIR Significant Impact Adequately Addressed in the LUCE EIR Less Than Significant Impact, consistent with the LUCE EIR No Impact, consistent with the LUCE EIR CITY OF SAN LUIS OBISPO INITIAL STUDY ENVIRONMENTAL CHECKLIST 2018 39 “development facilitated by the LUCE Update could occur on soils that have the potential to present natural hazards (expansive soils, erosive soils, and differential settlement) to structures and roadways. Development could also result in the loss of a unique geologic feature. However, compliance of future development projects with the California Building Code and adopted General Plan policies would ensure that resulting impacts are Class III, less than significant” (LUCE EIR Section 4.6 Geology and Soils, Impact GEO-3). Proposed Zoning Regulations Update Analysis and Conclusions Development facilitated by the Zoning Regulations Update could occur on soils that have the potential to present hazards, including erosive soils, to structures and roadways. Consistent with the LUCE EIR, adherence to the existing City’s General Plan, the proposed updated Hillside Development Standards, the City of San Luis Obispo Municipal Code, and implementing proper engineering, including compliance with the California Building Standards, will ensure that potential impacts related to erosive soils remain less than significant. Individual development will be required to undergo separate environmental review, which may result in specific impacts that require project specific mitigation consistent with these policies. The proposed Project, by itself, does not propose or authorize any development. Future land uses that occur pursuant to the proposed Zoning Regulations Update would be required to conform to all General Plan policies, and applicable regulations, standards and design standards of the Municipal Code and Zoning Regulations (Hillside Development Standards) that address erosion hazards. Therefore, the proposed Zoning Regulations Update would not expose people or structures to substantial adverse effects due to erosion or loss of topsoil. Impacts would be less than significant. Conclusion. The proposed Zoning Regulations Update would make revisions, additions, corrections and clarifications to various sections of the Zoning Regulations to ensure consistency and successful implementation of the LUCE. The proposed Zoning Regulations Update would not make changes to the City’s Municipal Code that address erosion and loss of topsoil. Proposed Hillside Development Standards would further minimize potential erosion risks. Additionally, the proposed Project would not allow new development in areas where such development is prohibited under the LUCE. Therefore, there would be no new erosion-related impacts that have not been previously examined or adequately addressed in LUCE EIR Section 4.6 Geology and Soils. c) LUCE EIR Conclusion The LUCE EIR notes that build-out in areas that exhibit landslide and other geologic hazards would have the potential to result in significant impacts related to slope instability (refer to discussion a, above for additional information regarding potential seismic hazards). A landslide and other geologic hazards that destabilize slopes have the potential to damage or destroy structures, roadways and other improvements as well as to deflect and block drainage channels, causing further damage and erosion, including loss of topsoil. The City requires the completion of detailed soils reports and ensures that the project design follows the recommendation in the report, to ensure slope stability, pursuant to the City’s Municipal Code and the CBC. The LUCE EIR concluded that “steep slopes outside of the existing city limits present potential on‐ or off‐site landslide hazards. In addition to human safety impacts, a landslide has the potential to damage or destroy structures, roadways and other improvements as well as to deflect and block drainage channels, causing further damage and erosion, including loss of topsoil. The compliance of future development projects with the California Building Code (CBC) and General Plan policies would result in Class III, less than significant impacts” (LUCE EIR Section 4.6 Geology and Soils, Impact GEO- 4). The General Plan includes several policies that are intended to minimize potential impacts due to slope instability including: LUE Policy 6.4 Hillside Policies and Safety Element Policies 4.6 Avoiding Slope Instability and 4.7 Avoiding Liquefaction Hazards. In addition, the proposed Project includes an updated Hillside Development Standards chapter (refer to proposed Zoning Regulations Update Article 3). In addition, the City Municipal Code identifies building requirements to ensure the safety of life and property through the regulation of development under Title 15 Building and Construction, Ordinance No. 1650 (2018 Series) EXHIBIT A Sources Potentially Significant Impact, greater than identified in the LUCE EIR Significant Impact Adequately Addressed in the LUCE EIR Less Than Significant Impact, consistent with the LUCE EIR No Impact, consistent with the LUCE EIR CITY OF SAN LUIS OBISPO INITIAL STUDY ENVIRONMENTAL CHECKLIST 2018 40 Section 15.04 – Construction and Fire Prevention Regulations. These regulations require detailed soils analysis be prepared to support the proposed building or subdivision activity. As a result of the analysis, larger footings, soil amendment or changes in construction methods and/or materials may be required. While design features and engineering solutions cannot be known until a specific development is proposed for a given site, compliance with the CBC, the City Municipal Code and General Plan policies will reduce impacts from landslides to less than significant. Individual development will be required to undergo separate environmental review, which may result in specific impacts that require project specific mitigation consistent with these policies. Proposed Zoning Regulations Update Analysis and Conclusions Similar to the analysis in the LUCE EIR, implementation of the proposed Zoning Regulations Update would facilitate the development and redevelopment of lands within the city, including areas with potential geologic hazards and soil types conducive to liquefaction and other stability risks. The potential human health and safety impacts from landslide, liquefaction, and other slope stability risks would be considered significant; however, new development would conform to the CBC. Proper engineering, including compliance with the CBC, the City Municipal Code, existing policies identified in the LUE and Safety Element, and updated Hillside Development Standards included in the proposed Project would minimize the risk to life and property. The proposed Project, by itself, does not propose or authorize any development. Future land uses that occur pursuant to the proposed Zoning Regulations Update would be required to conform to all General Plan policies, and applicable regulations, standards and design standards of the CBC, Municipal Code, and Zoning Regulations (Hillside Development Standards) that address slope stability. Based on compliance with existing regulations, potential impacts related to slope instability would be less than significant. Conclusion. The proposed Zoning Regulations Update would make revisions, additions, corrections and clarifications to various sections of the Zoning Regulations to ensure consistency and successful implementation of the LUCE. The proposed Zoning Regulations Update would not make changes to the City’s Municipal Code that addresses geologic risks and building safety. Proposed Hillside Development Standards would further minimize potential seismic risks. Additionally, the proposed Project would not allow new development in areas where such development is prohibited under the LUCE. Therefore, there would be no new seismic-related impacts that have not been previously examined or adequately addressed in LUCE EIR Section 4.6, Geology and Soils. d) As shown in LUCE EIR Section 4.6 Geology and Soils, Table 4.6‐1 City of San Luis Obispo Soil Properties, several soils within the City have moderate shrink‐swell potential, and the potential for soil settlement could result in significant impacts to new development in these areas. The shrink‐swell characteristics of soils can vary widely within short distances, depending on the relative amount and type of clay. LUCE EIR Conclusion The LUCE concluded that “development facilitated by the LUCE Update could occur on soils that have the potential to present natural hazards (expansive soils, erosive soils, and differential settlement) to structures and roadways. Development could also result in the loss of a unique geologic feature. However, compliance of future development projects with the California Building Code and adopted General Plan policies would ensure that resulting impacts are Class III, less than significant” (LUCE EIR Section 4.6 Geology and Soils, Impact GEO‐3). Proposed Zoning Regulations Update Analysis and Conclusions Similar to the analysis in the LUCE EIR, implementation of the proposed Zoning Regulations Update would facilitate the development and redevelopment of lands within the city, including areas with expansive soils. The CBC includes requirements to address soil related hazards. Typical measures included in the CBC requirements intended to treat hazardous soil conditions involve removal, proper fill selection, and compaction. Expansion or large‐scale settlement Ordinance No. 1650 (2018 Series) EXHIBIT A Sources Potentially Significant Impact, greater than identified in the LUCE EIR Significant Impact Adequately Addressed in the LUCE EIR Less Than Significant Impact, consistent with the LUCE EIR No Impact, consistent with the LUCE EIR CITY OF SAN LUIS OBISPO INITIAL STUDY ENVIRONMENTAL CHECKLIST 2018 41 problems would not be a substantial constraint to development of individual sites provided that adequate soil and foundation studies are performed prior to construction in accordance with existing General Plan policies and CBC regulations. The City requires the completion of detailed soils reports and ensures that the project design follows the recommendation in the report. In addition, the Municipal Code identifies building requirements to ensure the safety of life and property through the regulation of development under Title 15 Building and Construction, Section 15.04 – Construction and Fire Prevention Regulations. Adherence to the City’s General Plan and the City’s Municipal Code, and implementing proper engineering, including compliance with the CBC, will ensure that potential expansive soils and differential settlement impacts remain less than significant. Individual development will be required to undergo separate environmental review, which may result in specific impacts that require project specific mitigation consistent with these policies. Adherence to the existing City’s General Plan, the City Municipal Code, and implementing proper engineering, including compliance with the CBC, will ensure that potential impacts related to expansive soils remain less than significant. The proposed Project, by itself, does not propose or authorize any development. Future land uses that occur pursuant to the proposed Zoning Regulations Update would be required to conform to all General Plan policies, and applicable regulations, standards and design standards of the Municipal Code and CBC that address geologic hazards, including expansive soils. Therefore, potential impacts would be less than significant. Conclusion. The proposed Zoning Regulations Update would make revisions, additions, corrections and clarifications to various sections of the Zoning Regulations to ensure consistency and successful implementation of the LUCE. The proposed Zoning Regulations Update would not make changes to the Municipal Code that addresses expansive soils. Additionally, the proposed Project would not allow new development in areas where such development is prohibited under the LUCE. Therefore, there would be no new impacts related to expansive soils that have not been previously examined or adequately addressed in LUCE EIR, Section 4.6 Geology and Soils. e) The entirety of the City is served by established wastewater conveyance and treatment services, and new development would connect to the municipal system. Therefore, the proposed Zoning Regulations Update would not result in impacts associated with soils supporting the use of septic systems. No impacts would occur. Conclusion. The proposed Zoning Regulations Update would make revisions, additions, corrections and clarifications to various sections of the Zoning Regulations to ensure consistency and successful implementation of the LUCE. The proposed Zoning Regulations Update would not result in the construction of new septic systems within the City, as new development would connect to the existing municipal system. Therefore, no impact would occur. 7. GREENHOUSE GAS EMISSIONS. Would the project: a) Generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the environment? 1, 2, 3, 4, 6, 7, 8, 14, 18, 19, 20 X b) Conflict with an applicable plan, policy or regulation adopted for the purpose of reducing the emissions of greenhouse gases? 1, 2, 3, 4, 6, 7, 8, 14, 18, 19, 20 X Evaluation As outlined in LUCE EIR Section 4.7 Global Climate Change, prominent GHG emissions contributing to the greenhouse effect are carbon dioxide (CO2), methane (CH4), nitrous oxide (N2O), hydrofluorocarbons (HFCs), perfluorocarbons (PFCs), and sulfur hexafluoride (SF6). Anthropogenic (human‐caused) GHG emissions in excess of natural ambient concentrations are responsible for intensifying the greenhouse effect and have led to a trend of unnatural warming of the earth’s climate, known as Ordinance No. 1650 (2018 Series) EXHIBIT A Sources Potentially Significant Impact, greater than identified in the LUCE EIR Significant Impact Adequately Addressed in the LUCE EIR Less Than Significant Impact, consistent with the LUCE EIR No Impact, consistent with the LUCE EIR CITY OF SAN LUIS OBISPO INITIAL STUDY ENVIRONMENTAL CHECKLIST 2018 42 global climate change or global warming. Global sources of GHG emissions include fossil fuel combustion in both stationary and mobile sources, fugitive emissions from landfills, wastewater treatment, agricultural sources, deforestation, high global warming potential (GWP) gases from industrial and chemical sources, and other activities. The major sources GHG emissions in the City are transportation‐related emissions from cars and trucks, followed by energy consumption in buildings. These local sources constitute the majority of GHG emissions from community‐wide activities in the city, and combine with regional, statewide, national, and global GHG emissions that result in the cumulative effect of global warming, which is causing global climate change. A minimum level of climate change is expected to occur despite local, statewide, or other global efforts to mitigate GHG emissions. The increase in average global temperatures will result in a number of locally‐important adverse effects, including sea‐level rise, changes to precipitation patterns, and increased frequency of extreme weather events such as heat waves, drought, and severe storms. Statewide legislation, rules and regulations that apply to GHG emissions include the Global Warming Solutions Act of 2006 (Assembly Bill [AB] 32), Climate Pollution Reduction Beyond 2020 Healthier Communities and a Stronger Economy (Senate Bill [SB] 32), the Sustainable Communities and Climate Protection Act of 2008 (Senate Bill [SB] 375), Advanced Clean Cars Rule, Low Carbon Fuel Standard, Renewable Portfolio Standard, California’s Green Building Standards Code (CALGreen), and recent amendments to the California Environmental Quality Act (CEQA) pursuant to SB 97 with respect to analysis of GHG emissions and climate change impacts. Plans, policies and guidelines have also been adopted at the regional and local level that address GHG emissions and climate change effects in the City. The San Luis Obispo County Air Pollution Control District (APCD) adopted a CEQA Air Quality Handbook, as well as guidance on GHG emission thresholds and supporting evidence, that may be applied by lead agencies within San Luis Obispo County (APCD April 2012, APCD March 2012). The City also adopted a Climate Action Plan (CAP) that includes a GHG emissions inventory, identifies GHG emission reduction targets, and includes specific measures and implementing actions to both reduce community‐wide GHG emissions and help the city build resiliency and adapt to the effects of climate change. a, b) LUCE EIR Section 4.7 Global Climate Change addresses the potential impacts resulting from implementation of the LUCE, including short-term and long-term GHG emissions. As discussed in the LUCE EIR, the City conducted a GHG emissions inventory of annual emissions for the baseline year 2005. This 2009 inventory includes estimated community‐wide emissions for the transportation, residential and commercial/industrial energy usage (electricity and natural gas), and solid waste sectors. The City’s CAP also includes forecasted business‐as‐usual (BAU) emissions for 2010, 2020 and 2035, consistent with population, housing and employment data for 2010 and projections for 2020 and 2035. Forecasted 2020 and 2035 emissions were estimated based on growth rates provided by the San Luis Obispo Council of Governments (SLOCOG). The CAP BAU forecast supersedes forecasted emissions included in the original inventory, conducted in 2009. The baseline inventory and BAU forecasts are summarized in LUCE EIR Section 4.7 Global Climate Change, Table 4.7‐1 Baseline and Forecasted GHG Emissions. As shown in this table, communitywide BAU emissions were estimated to increase by approximately 9 percent in 2020 compared to 2005 levels and would further increase by approximately 21 percent in 2035 compared to 2005 levels. LUCE EIR Conclusion Projected growth in housing and employment assumed under the LUCE was determined to be equal to or slightly less than the growth projections used to estimate worst case, “business‐as‐usual” (BAU) future GHG emissions in the CAP. Therefore, expected long‐term operational GHG emissions generated by new development consistent with the LUCE would be consistent with forecasted BAU communitywide emissions in the CAP. The CAP includes a communitywide GHG emissions reduction target of 15 percent below 2005 levels by 2020. This target can also be expressed as a 22 percent reduction below the projected BAU forecast by 2020, which takes into account anticipated growth in population, housing and employment and associated changes in the built environment. The CAP includes specific GHG reduction measures in the CAP that are designed to achieve this target, in combination with state and federal legislative reductions. As shown in LUCE EIR Section 4.7 Global Climate Change, Table 4.7‐2 CAP Community-wide GHG Emissions Reductions in 2020 and 2035, which includes expected emissions reductions from CAP GHG reduction measures along with State legislative reductions and the resulting net emissions expected in 2020 and 2035 as a result of implementation of all CAP measures, community-wide emissions would be reduced to 16 percent below 2005 levels by the year 2020, exceeding the 15 percent Ordinance No. 1650 (2018 Series) EXHIBIT A Sources Potentially Significant Impact, greater than identified in the LUCE EIR Significant Impact Adequately Addressed in the LUCE EIR Less Than Significant Impact, consistent with the LUCE EIR No Impact, consistent with the LUCE EIR CITY OF SAN LUIS OBISPO INITIAL STUDY ENVIRONMENTAL CHECKLIST 2018 43 target. LUCE EIR Section 4.7 Global Climate Change, Table 4.7‐3 Consistency of Proposed LUCE Update Policies and Program with Climate Action Plan Measures and Actions summarizes the LUCE policies that would support or directly result in the reduction of GHG emissions or serve as climate adaptation strategies, and provides a reference to corresponding CAP strategies and implementing actions, where applicable, to demonstrate consistency with the adopted CAP. The LUCE EIR concluded that because the LUCE update included policies and programs that are consistent with GHG reduction policies and measures that are in the CAP, communitywide GHG emissions reductions assumed in the CAP were applicable to the proposed LUCE update. Therefore, the LUCE EIR determined that the incremental contribution of GHG emissions associated with implementation of the LUCE would not be cumulatively considerable, and implementation of proposed and existing policies would reduce potential impacts to a less‐than‐significant level. The LUCE EIR concluded that “implementation of the proposed LUCE Update could result in an increase in GHG emissions due to short-term construction and long‐term operational activities associated with new housing and commercial development, resulting in a cumulatively considerable contribution to the impact of global climate change. However, because the proposed LUCE Update would be consistent with the City’s CAP and incorporates applicable CAP policies and programs that would reduce GHG emissions, this impact would be considered Class III, less than significant” (LUCE EIR Section 4.7 Global Climate Change, Impact GCC-1). Proposed Zoning Regulations Update Analysis and Conclusions The proposed Zoning Regulations Update is one of the principal tools for implementing the LUCE and will advance greenhouse gas reduction goals as mandated by the State (AB32, SB375) and the City’s CAP. The proposed Project facilitates the development of a sustainable, multi-modal community to reduce per capita VMT and GHG emissions through increased design standards, new design guidelines, and the imposition of general site regulations. The adopted CAP will be undergoing a substantive revision, and the policy directives in the updated CAP will guide City action on 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 Update. The Planning Commission has reviewed a white paper outlining possible implementation strategies, and at the May 3, 2018 community workshop, participants suggested additional strategies that might be addressed in the Zoning Regulations Update. It should be noted that the City is already forward thinking in its climate adaption strategies and has adopted measures to reduce the City’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  Reducing the allowable pervious surface coverage in front yards of R-1 zones from 50 percent to 40 percent  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 measurable 20 percent mode shift and that is covenanted for long-term implementation  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 The proposed Zoning Regulations Update, by itself, does not propose or authorize any development. Buildout pursuant to the LUCE and the proposed Project would increase development intensity within the city limits, as well as undeveloped areas to a more built environment, thereby resulting in the generation of GHGs. As noted above, the General Plan, CAP, and policies adopted in the LUCE protect air quality and facilitate GHG reductions through policies and plan review. In Ordinance No. 1650 (2018 Series) EXHIBIT A Sources Potentially Significant Impact, greater than identified in the LUCE EIR Significant Impact Adequately Addressed in the LUCE EIR Less Than Significant Impact, consistent with the LUCE EIR No Impact, consistent with the LUCE EIR CITY OF SAN LUIS OBISPO INITIAL STUDY ENVIRONMENTAL CHECKLIST 2018 44 addition, proposed regulated performance standards applicable to future development require that “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” (proposed Zoning Regulations Section 17.74.050, Energy Conservation). Adherence to these requirements would reduce any impacts from buildout occurring under the proposed Zoning Regulations Update, to less than significant. Therefore, the proposed Project would be consistent with the CAP and impacts would be less than significant. Conclusion. The proposed Zoning Regulations Update would make revisions, additions, corrections and clarifications to various sections of the Zoning Regulations to ensure consistency and successful implementation of the LUCE. The proposed Project includes updates that would facilitate implementation of the goals identified in the City’s CAP, which would facilitate GHG reductions consistent with local and state regulations. Additionally, the proposed Project would not allow new development in areas where such development is prohibited under the LUCE. Therefore, there would be no new impacts related to GHGs and global climate change that have not been previously examined or adequately addressed in LUCE EIR Section 4.7 Global Climate Change. 8. HAZARDS AND HAZARDOUS MATERIALS. Would the project: a) Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? 1, 2, 3, 6, 13, 14 X b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? 1, 2, 3, 6, 13, 14 X c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school? 1, 2, 3, 6, 13, 14 X d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? 1, 2, 3, 6, 13, 14 X e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? 1, 2, 3, 4, 6, 13, 14, 23, 24 X f) For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people residing or working in the project area? 1, 2, 3, 4, 6, 13, 14, 23, 24 X g) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? 1, 2, 3, 6, 13, 14 X h) Expose people or structures to a significant risk of loss, injury, or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? 1, 2, 3, 4, 6, 13, 14, 25 X Evaluation Hazardous Materials. Hazardous materials are defined as substances with physical and chemical properties of ignitability, corrosivity, reactivity, or toxicity which may pose a threat to human health or the environment. This includes, for example, chemical materials such as petroleum products, solvents, pesticides, herbicides, paints, metals, asbestos, and other regulated Ordinance No. 1650 (2018 Series) EXHIBIT A Sources Potentially Significant Impact, greater than identified in the LUCE EIR Significant Impact Adequately Addressed in the LUCE EIR Less Than Significant Impact, consistent with the LUCE EIR No Impact, consistent with the LUCE EIR CITY OF SAN LUIS OBISPO INITIAL STUDY ENVIRONMENTAL CHECKLIST 2018 45 chemical materials. Additionally, hazards include known historical spills, leaks, illegal dumping, or other methods of release of hazardous materials to soil, sediment, groundwater, or surface water. If a historical release exists, then there is a risk associated with disturbing the historical release area. Examples of these are gas stations and areas that historically included oil production. The potential for risks associated with hazardous materials are varied regionally. The primary risk concerns identified by the city, as stipulated in the City’s Safety Element, include radiation hazards and the transportation of hazardous materials in and around the city. Because of the widespread use of hazardous materials in our communities, minor and major hazardous materials spills and incidents occur. Most of these incidents are related to the increasing frequency of transport of chemicals over roadways, railways or through industrial accidents. US 101 and a rail corridor are major transportation corridors through the San Luis Obispo area. Trains and trucks commonly carry a variety of hazardous materials, including gasoline and various crude oil derivatives, and other chemicals known to cause human health problems. When properly contained, these materials present no hazard to the community. But in the event of an accident or derailment, such materials may be released, either in liquid or gas form. In the case of some chemicals (such as chlorine), highly toxic fumes may be carried far from the accident site. Transporters of hazardous waste in California are subject to many federal and state regulations. They must register with the California Department of Health Services (DHS) and ensure that vehicle and waste container operators have been trained in the proper handling of hazardous waste. Vehicles used for the transportation of hazardous waste must pass an annual inspection by the California Highway Patrol. Transporters must allow the Highway Patrol and/or the DHS to inspect its vehicles and must make certain required inspection records available to both agencies. The transport of hazardous materials that are not wastes is regulated by the U.S. Department of Transportation through national safety standards. Other risks resulting from hazardous materials include the use of these materials in local industry, businesses and agricultural production. The owner or operator of any business or entity that handles a hazardous material above threshold quantities is required, by State and Federal laws, to submit a Business Plan to the local Certified Unified Program Agency (CUPA). San Luis Obispo County Environmental Health Services Division is the CUPA and the City of San Luis Obispo Fire Department administers the program within the city. In order to address the risks to health and property associated with hazardous material releases, the City of San Luis Obispo Fire Department maintains several active programs designed to address emergency situations, including the release of hazardous materials. Other potential hazards described in further detail in LUCE EIR Section 4.8 Hazards and Hazardous Materials include radiation, electromagnetic fields, and hazardous trees. Airport Hazards. The San Luis Obispo County Airport provides commuter, charter, and private aviation service to the area. The primary hazard associated with land uses near the airport is the risk of aircraft incidents on approach and take‐off. The San Luis Obispo County Airport Land Use Commission (ALUC) is an independent body of seven members that was created in response to the mandates of The State Aeronautics Act, first enacted in 1967. As the means of fulfilling these basic obligations, the ALUC must prepare and adopt Airport Land Use Plans (ALUPs) for each airport within their jurisdiction. In addition to formulating ALUPs, the ALUC is required to review certain types of action by local counties and cities, which affect the land use in the vicinity of airports for consistency with the ALUP. Although the ALUC is not part of any local governmental structure, the City must refer certain local actions to the ALUC. Those local actions include: general plans and general plan amendments; specific plans and specific plan amendments; zoning ordinances and zoning ordinance amendments; and, building regulations and modifications thereof. The policies in the ALUP are intended to minimize the public’s exposure to excessive noise and safety hazards while providing for the orderly expansion of airports (Public Utility Code Section 21670(a)(2) (refer to LUCE EIR Section 4.8 Hazards and Hazardous Materials, Figure 4.8‐3 Airport Hazards). The ALUC has developed an ALUP for the San Luis Obispo County Regional Airport that was first adopted in 1973, was updated in May 2005, and is currently being updated. The ALUP has identified safety zones with associated land use density and intensity restrictions. The ALUP defines these as: Runway Protection Zones, Safety Areas S‐1 a through c, and Safety Area S‐2 (refer to LUCE EIR Section 4.8 Hazards and Hazardous Materials and the ALUP for additional information regarding safety zones). Ordinance No. 1650 (2018 Series) EXHIBIT A Sources Potentially Significant Impact, greater than identified in the LUCE EIR Significant Impact Adequately Addressed in the LUCE EIR Less Than Significant Impact, consistent with the LUCE EIR No Impact, consistent with the LUCE EIR CITY OF SAN LUIS OBISPO INITIAL STUDY ENVIRONMENTAL CHECKLIST 2018 46 Fire Risk. Fires have the potential to cause significant losses to life, property, and the environment. Urban fire hazards result from the materials that make up the built environment, the size and organization of structures, and spacing of buildings. Additional factors that can accelerate fire hazards are availability of emergency access, available water volume and pressure for fire suppression, and response time for fire fighters. Fire hazard severity in rural areas, including areas on the edge between urban and rural land (commonly called the wildland interface), are highly influenced by the slope of the landscape and site vegetation and climate. Wildland fire hazards exist in at the city’s edges. Refer to LUCE EIR Section 4.8 Hazards and Hazardous Materials, Figure 4.8‐1 Fire Hazard Severity Zones, for a detailed depiction of the wildland fire risk assessment for the city’s outlying areas. Government Code Sections 51175 through 51189 require identification of land within very high fire hazard severity zones to identify measures that will mitigate uncontrolled fires that threaten to destroy resources, life, or property, and to require that those measures be taken (refer to LUCE EIR Section 4.8 Hazards and Hazardous Materials, Figure 4.8‐1 Fire Hazard Severity Zones). Properties within these zones are required to utilize Wildland‐Urban Interface Fire Area Building Standards to minimize the threat of property damage in the event a wildfire occurs in close proximity to these properties. The objective of the Wildland‐Urban Interface Fire Area Building Standards is to establish minimum standards for materials and construction to provide a reasonable level of exterior wildfire exposure protection for buildings in Very High Fire Hazard Severity Zones and other areas designated by the City Council after a public hearing. The City has not identified a separate Wildland‐Urban Interface Fire Zone but rather has determined it to be coterminous with the state‐identified Very High Fire Hazard Severity Zone. However, local building code has been adopted to address the idea that the City is within an area that may put the community at risk of impacts from wildland fires and has increased construction requirements to address fire hazard. For additional information regarding factors that contribute to wildfire risk, refer to LUCE EIR Section 4.8 Hazards and Hazardous Materials. a), b), c), d), g) LUCE EIR Conclusion Exposure to Hazardous Materials. Implementation of the LUCE would facilitate new development (including residences) within several areas in and around the city where hazardous materials could be stored or used, or where previous use has resulted in contamination of the site. Residential development proximate to commercial or industrial facilities using or storing hazardous materials has the potential to increase the risk of exposure to harmful health effects. Areas where users of hazardous materials are located are confined primarily to commercial and industrial areas of the city. Construction activities may require the use of hazardous materials, which could be a threat if they were to have an adverse impact on the public or environment. This includes the generation of hazardous waste, potential release or explosion of substances, and construction taking place within a quarter mile of an established or planned school or construction within a site which is included on a list of hazardous material sites compiled pursuant to Government Code §65962.5 resulting in the creation of a significant hazard to the public or the environment. The LUCE EIR notes that by allowing for residential or mixed-use development in commercial and industrial areas where there may have been past use or there may be current use of hazardous materials, the potential for exposure may increase due to: (1) potential soil/groundwater contamination resulting from past practices; and (2) the proximity of new residential development to ongoing activity involving the use of hazardous materials. Development or redevelopment in these areas would have the potential for exposure of hazardous materials to the public. The magnitude of exposure to hazards for individual projects would depend upon the location, type, and size of development and the specific hazards associated with individual sites. Older structures throughout the city could potentially have asbestos containing materials (ACM) and/or lead‐based paint (LBP). If demolition of these structures occurred, ACM or LBP could be released, resulting in adverse health effects. To prevent health risks to occupants or construction workers, proper ACM and LBP abatement and disposal procedures are required to be undertaken whenever the demolition is considered for structures that were built prior to 1979. The presence of soil or groundwater contamination would depend upon the location of the construction site and its proximity to sources of contamination. Depending on the previous land uses, new development could present potential risk of exposure to contamination associated with agricultural pesticide use, leaking underground storage tanks (LUSTs), undocumented abandoned oil and gas wells, and/or various industrial contaminants. Hence, development of vacant and underutilized sites under buildout would increase the potential for exposure to soil and groundwater contamination hazards. Ordinance No. 1650 (2018 Series) EXHIBIT A Sources Potentially Significant Impact, greater than identified in the LUCE EIR Significant Impact Adequately Addressed in the LUCE EIR Less Than Significant Impact, consistent with the LUCE EIR No Impact, consistent with the LUCE EIR CITY OF SAN LUIS OBISPO INITIAL STUDY ENVIRONMENTAL CHECKLIST 2018 47 However, any necessary assessment and remediation of the properties would be completed in accordance with applicable regulatory requirements prior to development. In addition to compliance with General Plan policies and regulatory requirements, mitigation would be required to reduce potential impacts to a less than significant level. The City of San Luis Obispo Fire Department will continue to maintain programs designed to address emergency situations, including the release of hazardous materials. The LUE includes policies and programs for development near known hazardous material users, or construction in areas with existing hazardous materials, that could expose individuals to health risks due to soil/groundwater contamination or emission of hazardous materials into the air. These policies include: 2.3.11 Residential Project Objectives (provide buffers from hazardous materials transport routes, as recommended by the City Fire Department); 6.4.6 Homesites Outside the Limit Lines (have effective emergency-vehicle access from a City street or County road); and 12.9 Environmental Review. The Safety Element lists policies for development near known hazardous material users, or construction in areas with existing hazardous materials or general hazardous conditions, that could expose individuals to health risks due to soil/groundwater contamination or emission of hazardous materials into the air which include: Safety Element Policies 6.1 (Other Hazardous Materials), 6.2 (Minimizing Hazardous Materials Exposure), 6.3 (Hazardous Materials in City Operations). In addition, the Safety Element includes a comprehensive set of policies and programs intended to address avoiding and preparing for emergencies in general. This includes programs and requirements intended to avoid several kinds of emergencies and to respond to those that occur (refer to Safety Element Policies 10.0 through 10.23). The City Demolition and Moving of Buildings Section 115 Public Safety Requirements include general requirements for building demolition activities, permitting for such activities, hauling operations, and routes of moving materials in order to address hazardous materials issues. In addition, there are subsections included for dust and debris, fire safety, and removal and disposal of demolition materials. In addition, adherence to the Federal Asbestos NESHAP regulations and State and Federal regulations pertaining to the abatement of lead-based paints will reduce expose of these materials. In addition, the City of San Luis Obispo Fire Department Hazardous Waste Generator Permit ensures that the City Fire Department permits hazardous waste generators in San Luis Obispo County. The LUCE EIR states that based on compliance with the General Plan and existing regulations summarized above, future development implemented pursuant to the LUCE would not impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan (LUCE EIR Section 4.8, Hazards and Hazardous Materials). The LUCE EIR determined that “development facilitated by the LUCE Update could occur near known hazardous material users or result in construction in areas with existing hazardous materials. Implementation of the LUCE Update could expose individuals to health risks due to soil/groundwater contamination or emission of hazardous materials into the air and could impact an adopted emergency response/evacuation plan. With the incorporation of the proposed LUCE Update policies and existing City policies, potential impacts are considered Class III, less than significant” (LUCE EIR Section 4.8, Impact HAZ‐1). Proposed Zoning Regulations Update Analysis and Conclusions Similar to the analysis identified in the LUCE EIR and summarized above, implementation of the proposed Zoning Regulations Update has the potential to result in significant impacts related to the introduction of new development near known hazardous material users, or construction in areas with existing hazardous materials, that could expose individuals to health risks due to soil/groundwater/materials contamination or emission of hazardous materials into the air. Upon review of specific projects and development proposals, where required, further review including completion of phased Environmental Site Assessments to determine the potential for hazardous materials, soil and groundwater sampling, and documented recommendations for remediation under the appropriate oversight agency would reduce the risk of possible contamination. In addition, compliance with General Plan policies and current federal and state requirements would reduce impacts to less than significant levels. Ordinance No. 1650 (2018 Series) EXHIBIT A Sources Potentially Significant Impact, greater than identified in the LUCE EIR Significant Impact Adequately Addressed in the LUCE EIR Less Than Significant Impact, consistent with the LUCE EIR No Impact, consistent with the LUCE EIR CITY OF SAN LUIS OBISPO INITIAL STUDY ENVIRONMENTAL CHECKLIST 2018 48 LUCE EIR Conclusion Regarding potential exposure to hazardous materials transported by rail and highway, development along the railroad tracks would be most susceptible to hazardous materials impacts associated with railway accidents, and development along Highway 101 would be most susceptible to hazardous materials impacts associated with highway accidents. Applicable policies and programs that address this impact include: Safety Element Policies 9.1 Hazardous Materials; Policy 6.2 Minimizing Hazardous Materials Exposure; Policy 6.3 Hazardous Materials in City Operations. The LUCE EIR determined that “development under the proposed LUCE Update could potentially introduce sensitive receptors to areas in direct proximity to hazardous materials transportation corridors including the Union Pacific Railroad and Highway 101 and could potentially create a public safety hazard. This is a Class III, less than significant impact” (LUCE EIR, Section 4.8 Hazards and Hazardous Materials, Impact HAZ-5). Proposed Zoning Regulations Update Analysis and Conclusions Consistent with the conclusions of the LUCE EIR, impacts to new development implemented pursuant to the Zoning Regulations Update are considered potentially significant; however, based on compliance with existing General Plan policies and programs, impacts related to hazards from rail and highway accidents and the transportation of hazardous materials within the city would be reduced to a less than significant level. LUCE EIR Conclusion Other Hazards. The LUCE EIR also identified other potential hazards including radiation, electromagnetic fields, and hazardous trees. The Diablo Canyon Nuclear Power Plant, which is pending closure estimated in 2024-2025, is the primary hazard for ionizing radiation in the San Luis Obispo area. Emergency planning at the Diablo Canyon facility is coordinated with the Emergency Services Director from the Office of the County Administer and the state Department of Health Services (DHS) provides oversight and guidance on many health-related issues. Applicable response plans for an emergency at the Diablo Canyon Nuclear Power Plant include the State of California Emergency Plan the San Luis Obispo County/Cities Nuclear Power Plant Emergency Response Plan. Implementation of the LUCE would have the potential to introduce residents to regional hazards associated with a radiation leak at Diablo Canyon Nuclear Power Plant. Incorporation of the existing state and federal regulations and compliance with local response plan implemented by the County and City of San Luis Obispo will reduce impacts related to radiation hazards to less than significant levels. Regarding electromagnetic fields, which have the potential to affect biological systems, the LUCE EIR determined that implementation of Safety Element Policies 7.0 Exposure to Electromagnetic Fields and 7.1 Notification to Buyers Near Electromagnetic Fields would reduce impacts related to exposure to electromagnetic fields are reduced to less than significant levels. The City Municipal Code, Ordinance 1544 Tree Ordinance, outlines the regulatory procedures and authority for the trimming or removal of hazardous trees. Safety Element policies and programs to minimize danger to people and property from trees that are weakened and susceptible to falling or limb loss during storms include: Policy 9.0 Hazardous Trees and Program 9.1 Hazardous Trees. The LUCE EIR determined that implementation of the City’s policies and programs and Tree Ordinance will reduce safety impacts to less than significant levels. In addition to the policies and programs listed above, the Safety Element includes a comprehensive set of policies and programs intended to address avoiding and preparing for emergencies in general. Safety Element Policies and Programs 10.0 through 10.9 are intended to avoid several kinds of emergencies and to respond to those that occur. The LUCE EIR concluded that “development facilitated by the LUCE Update could introduce sensitive receptors to additional hazards related to exposure to radiation, electromagnetic fields and hazardous trees. With the incorporation of the proposed LUCE Update policies and existing City policies, potential impacts are considered Class III, less than significant” (LUCE EIR, Section 4.8 Hazards and Hazardous Materials, Impact HAZ-4). Ordinance No. 1650 (2018 Series) EXHIBIT A Sources Potentially Significant Impact, greater than identified in the LUCE EIR Significant Impact Adequately Addressed in the LUCE EIR Less Than Significant Impact, consistent with the LUCE EIR No Impact, consistent with the LUCE EIR CITY OF SAN LUIS OBISPO INITIAL STUDY ENVIRONMENTAL CHECKLIST 2018 49 Proposed Zoning Regulations Update Analysis and Conclusions Implementation of the Zoning Regulations Update would result in the same impacts identified for the LUCE Update, as summarized above. Consistent with the analysis and determinations in the LUCE EIR, development facilitated by the proposed Zoning Regulations Update could occur near known hazardous material users and hazardous materials transportation corridors, result in construction in areas with existing hazardous materials, could expose individuals to health risks due to soil/groundwater contamination or emission of hazardous materials into the air, could impact an adopted emergency response/evacuation plan. Additionally, future development could introduce sensitive receptors to hazards associated with radiation, electromagnetic fields and hazardous trees. Adherence to the General Plan, Municipal Code, CBC, existing and proposed Zoning Regulations, and federal and state regulations, and avoidance and remediation of hazardous sites and conditions, will ensure that potential impacts related to hazards and hazardous materials will remain a less than significant impact. Individual development would be required to undergo separate environmental review, which may result in specific impacts that require project specific mitigation consistent with existing regulations, policies, and programs. In addition to existing plans, policies, and programs summarized above, the Zoning Regulations Update includes several proposed modifications to further reduce potential impacts, consistent with the LUCE. Proposed Article 3 of the Zoning Regulations Update includes clarifications regarding hazards and hazardous materials, which would provide further protections for the public, including:  Limitations on use for mixed-use projects, which clarify that major vehicle/equipment repair, uses that required storage of hazardous materials beyond what is normally associated with residential uses, manufacturing or industrial activities, and any other activity or use incompatible with residential activities and/or having the possibility of affecting the health or safety of mixed-use development residents);  Clarified performance standards stating that “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”;  A new section stating that “The use, handling, storage and transportation of hazardous and extremely hazardous materials 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”; and,  New trash enclosure standards to avoid health and safety hazards. In addition, revisions to Article 4 propose restrictions for locating schools within 1,000 feet of any business posing significant health risk to the school due to the presence of hazardous materials or conditions, and Article 6 states that required findings for a Minor Use Permit or Conditional Use Permit include the following: “The type, density, and intensity of use being proposed will not 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 improvements, persons, property, or uses in the vicinity and zone in which the property is located.” The proposed Zoning Regulations Update, by itself, does not propose or authorize any development. The proposed changes do not conflict with existing General Plan policies nor state and federal regulations applicable to public safety and exposure to hazards and hazardous materials. Future land uses that occur pursuant to the proposed Zoning Regulations Update would be required to conform to all General Plan policies, and applicable regulations, standards and design standards of the CBC, Municipal Code, and state and federal regulations address hazardous and hazardous materials. Based on compliance with existing policies and regulations, and proposed regulations identified in the Zoning Regulations Update, potential impacts related to hazards and hazardous materials would be less than significant. Conclusion. The proposed Zoning Regulations Update would make revisions, additions, corrections and clarifications to various sections of the Zoning Regulations to ensure consistency and successful implementation of the LUCE and to further reduce potential impacts related to hazards and hazardous materials. The proposed Project would not allow new Ordinance No. 1650 (2018 Series) EXHIBIT A Sources Potentially Significant Impact, greater than identified in the LUCE EIR Significant Impact Adequately Addressed in the LUCE EIR Less Than Significant Impact, consistent with the LUCE EIR No Impact, consistent with the LUCE EIR CITY OF SAN LUIS OBISPO INITIAL STUDY ENVIRONMENTAL CHECKLIST 2018 50 development in areas where such development is prohibited under the LUCE. Therefore, there would be no new impacts related to hazards and hazardous materials that have not been previously examined or adequately addressed in LUCE EIR, Section 4.8 Hazards and Hazardous Materials. e), f) The policy and programs presented in LUE Chapter 7 Airport Area reflect airport safety, noise, height and overflight considerations consistent with the purposes of the State Aeronautics Act. Policies, programs, and Zoning Regulations implementation were previously incorporated into the Airport Overlay Zone (AOZ) to codify airport compatibility criteria for areas subject to airport influence consistent with the requirements of Cal. Pub. Utilities Code Section 21670, et. seq, the California Airport Land Use Planning Handbook, and other related federal and state requirements relating to airport land use compatibility planning. These include allowable uses and development standards such as density and intensity limitations, identification of prohibited uses, infill development, height limitations, and other hazards to flight, noise insulation, buyer awareness measures, airspace protection, nonconforming uses and reconstruction, and the process for airport compatibility criteria reviews by the City. LUCE EIR Conclusion The LUCE EIR states that “adherence to the existing City’s General Plan, and coordination with the ALUC, will ensure that future development under the LUCE will not result in significant airport‐related safety hazards. Individual development would be required to undergo separate environmental review, which may result in specific impacts that require project specific mitigation consistent with these policies”. The LUCE EIR concluded that “development consistent with the proposed LUCE Update could introduce incompatible residential and commercial land uses into safety zones established through the Airport Land Use Plan and may result in a safety hazard for people residing or working in these areas. Impacts would be Class III, less than significant” (LUCE EIR Section 4.8 Hazards and Hazardous Materials, Impact HAZ-2). Proposed Zoning Regulations Update Analysis and Conclusions Consistent with the LUCE EIR, implementation of the Zoning Regulations Update would facilitate development within the boundary of the ALUP and City AOZ. In association with adoption of the LUCE and associated Airport Land Use Compatibility Report, the City Council approved an overrule of the ALUP, which allowed for development to occur pursuant to adopted Specific Plans or existing Zoning Regulations Chapter 17.57 Airport Overlay Zone and associated Table 10 – Airport Overlay Zone (AOZ) – Maximum Allowed Persons. The Draft Zoning Regulations Update restructured this section of the Zoning Regulations as Chapter 17.64 and includes clarifications to how density is to be calculated (consistent with the California Airport Land Use Planning Handbook) and includes updates specific to the names of land uses, consistent with the remainder of the proposed Update (refer to Article 2 of the proposed Project). The proposed Zoning Regulations Update would not modify the allowable density (persons per acre) for each use within identified Safety Zones. Development consistent with the LUCE and Zoning Regulations Update could introduce incompatible residential and commercial land uses into safety zones identified in the ALUP and may result in a safety hazard for people residing or working in these areas. However, the proposed and existing City policies and programs and compliance with the Municipal Code directly address future development with the potential to airport‐related safety hazards. As future development pursuant to the Zoning Regulations Update is proposed, the City will be required to ensure consistency with the General Plan and Municipal Code. Implementation of proposed and existing policies and reliance on establishment of project‐specific mitigation measures where appropriate would reduce potential impacts to a less than significant level. The proposed Zoning Regulations Update, by itself, does not propose or authorize any development. The proposed changes do not conflict with existing General Plan policies nor state and federal regulations applicable to public safety and airport hazards. Future land uses that occur pursuant to the proposed Zoning Regulations Update would be required to conform to all General Plan policies, and applicable regulations, standards and design standards of the General Plan, Municipal Code, Ordinance No. 1650 (2018 Series) EXHIBIT A Sources Potentially Significant Impact, greater than identified in the LUCE EIR Significant Impact Adequately Addressed in the LUCE EIR Less Than Significant Impact, consistent with the LUCE EIR No Impact, consistent with the LUCE EIR CITY OF SAN LUIS OBISPO INITIAL STUDY ENVIRONMENTAL CHECKLIST 2018 51 and state and federal regulations that address airport safety. Based on compliance with existing policies regulations, potential impacts related to airport hazards would be less than significant. Conclusion. The proposed Zoning Regulations Update would make revisions, additions, corrections and clarifications to various sections of the Zoning Regulations to ensure consistency and successful implementation of the LUCE. The proposed Project would not allow new development in areas where such development is prohibited under the LUCE and Table 10 – Airport Overlay Zone (AOZ) – Maximum Allowed Persons. Therefore, there would be no new impacts related to airport safety that have not been previously examined or adequately addressed in LUCE EIR, Section 4.8 Hazards and Hazardous Materials. h) LUCE EIR Conclusion Buildout of the LUCE would facilitate the development of residential uses in areas of the City that are at risk of damage from wildland fires. As shown on LUCE EIR Section 4.8 Hazards and Hazardous Materials, Figure 4.8‐1 City of SLO Planning Area Fire Hazard Severity Zones, the northern portion of the city, consisting of the land surrounding Via Carta and Poly Canyon Road and along the north‐eastern edge behind Cal Poly State University is a High to Very High Fire Hazard area. The southeast quadrant of the intersection of Highway 1 and Highway 101 directly east of the French Hospital Medical Center is also designated as a High Fire Hazard area. In addition, Moderate Fire Hazard Areas are located along the southern portion of the city between Highway 101 and Highway 227. Development of vacant and/or underutilized parcels in these areas has the potential to result in an increased risk of exposure to wildland fires. The Uniform Fire Code (UFC) and CBC set construction requirements for residences and structures in wildland fire hazard areas. Compliance with these requirements would minimize risks associated with development in these areas. Compliance with General Plan policies would further reduce the risks in these areas. The remainder of the urbanized city has a low/moderate potential for wildland fires. However, seep hills covered with brush and grasslands surround San Luis Obispo, and during fire season areas within the city limits are susceptible to wildfire damage if these fires cannot be prevented or controlled. The City has adopted fire safety standards relating to road standards for fire equipment access, standards for signs identifying streets, roads, and buildings, minimum private water supply reserves for emergency fire use, and fuel breaks and greenbelts as outlined in the California Public Resources Code Section 4290 and Section 4291. These standards apply to all development outside of the incorporated city and would help to reduce the risk of wildfires spreading and impacting the city. The Safety Element lists policies to protect areas designated as Moderate or High Wildland Fire Hazard which include Policies 3.0 Adequate Fire Services and 3.1: Wildland Fire Safety. In addition, the Safety Element includes a comprehensive set of policies and programs intended to address wildland fire hazards. This includes the following programs and requirements intended to avoid several kinds of emergencies and to respond to those that occur: Policy 10.1 Emergency Preparedness and Response; Program 10.3 Response Performance Standards; Program 10.5 Specific Emergency‐Response Information; Program 10.6 Coordinated Emergency Planning; Program 10.7 Emergency Operations Center; Program 10.9 City Emergency Plan; Program 10.10 Mutual and Automatic Aid; Policy 10.13 Emergency Access and Evacuation; Policy 10.18 Safety of Structures and Facilities; Program 10.19 Reducing Structural Hazards; Program 10.22 Building and Fire Regulations; and Program 10.23 Required Inspections. The LUCE EIR determined that “development consistent with the proposed LUCE Update would introduce residential land uses into areas designated as having a Moderate or High Wildland Fire Hazard, introducing the potential to expose people or structures to a significant risk of loss and/or injury. However, compliance with existing policies and state and local regulations would reduce impacts to a Class III, less than significant level” (LUCE EIR Section 4.8 Hazards and Hazardous Materials, Impact HAZ‐3). Proposed Zoning Regulations Update Analysis and Conclusions Consistent with the analysis in the LUCE EIR, development pursuant to the Zoning Regulations Update would introduce residential land uses into areas designated as Moderate or High Wildland Fire Hazard, introducing the potential to expose people or structures to a significant risk of loss and/or injury. However, the existing City policies and programs and Ordinance No. 1650 (2018 Series) EXHIBIT A Sources Potentially Significant Impact, greater than identified in the LUCE EIR Significant Impact Adequately Addressed in the LUCE EIR Less Than Significant Impact, consistent with the LUCE EIR No Impact, consistent with the LUCE EIR CITY OF SAN LUIS OBISPO INITIAL STUDY ENVIRONMENTAL CHECKLIST 2018 52 proposed regulations discussed above directly address future development in areas designated as Moderate or High Wildland Fire Hazard. As future development under the Zoning Regulations Update is proposed, the City will be required to ensure consistency with the General Plan. In addition to existing regulations that refer to fire safety and compliance with the UFC, the proposed Zoning Regulations Update includes additional protective regulations related to fire risk, including clarified Hillside Development Standards in Article 3, which are provided 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.” Therefore, implementation of proposed and existing policies and reliance on establishment of project‐specific mitigation measures where appropriate would reduce potential impacts to a less than significant level. The proposed Zoning Regulations Update, by itself, does not propose or authorize any development. The proposed changes do not conflict with existing General Plan policies nor state and federal regulations applicable to fire risk. Future land uses that occur pursuant to the proposed Zoning Regulations Update would be required to conform to all General Plan policies, and applicable regulations, standards and design standards of the General Plan, Municipal Code, UFC, and CBC regulations that address fire safety. Based on compliance with existing policies regulations, potential impacts related to fire hazards would be less than significant. Conclusion. The proposed Zoning Regulations Update would make revisions, additions, corrections and clarifications to various sections of the Zoning Regulations to ensure consistency and successful implementation of the LUCE. The proposed Project would not allow new development in areas where such development is prohibited under the LUCE. Therefore, there would be no new impacts related to fire hazards that have not been previously examined or adequately addressed in LUCE EIR, Section 4.8 Hazards and Hazardous Materials. 9. HYDROLOGY AND WATER QUALITY. Would the project: a) Violate any water quality standards or waste discharge requirements? 1, 2, 4, 6, 26, 27, 28 X b) Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g. the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? 1, 2, 4, 6, 26, 27, 28 X c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner which would result in substantial erosion or siltation on or off site? 1, 2, 4, 6, 26, 27, 28 X d) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner which would result in flooding on or off site? 1, 2, 4, 6, 26, 27, 28 X e) Create or contribute runoff water which would exceed the capacity of existing or planned storm water drainage systems or provide substantial additional sources of polluted runoff? 1, 2, 4, 6, 26, 27, 28 X f) Otherwise substantially degrade water quality? 1, 2, 4, 6, 26, 27, 28 X g) Place housing within a 100-year flood hazard area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate 1, 2, 4, 6, 26, X Ordinance No. 1650 (2018 Series) EXHIBIT A Sources Potentially Significant Impact, greater than identified in the LUCE EIR Significant Impact Adequately Addressed in the LUCE EIR Less Than Significant Impact, consistent with the LUCE EIR No Impact, consistent with the LUCE EIR CITY OF SAN LUIS OBISPO INITIAL STUDY ENVIRONMENTAL CHECKLIST 2018 53 Map or other flood hazard delineation map? 27, 28 h) Place within a 100-year flood hazard area structures which would impede or redirect flood flows? 1, 2, 4, 6, 26, 27, 28 X i) Expose people or structures to significant risk of loss, injury or death involving flooding, including flooding as a result of the failure of a levee or dam? 1 X j) Inundation by seiche, tsunami, or mudflow? 1 X Evaluation Drainage and Flooding. The City is located within the San Luis Obispo Creek Hydrologic Subarea of the Estero Bay Hydrologic Unit, which stretches roughly 80 miles between the Santa Maria River and the Monterey County line and includes numerous individual stream systems. According to the Safety Element of the City of San Luis Obispo General Plan, average seasonal precipitation in the City of San Luis Obispo is 22 inches and average seasonal precipitation throughout the county varies from 8.5 inches (at Simmler) to 25.6 inches (at San Simeon). The watershed generally drains to the south‐southwest via San Luis Obispo Creek where it meets the Pacific Ocean at Avila Beach. San Luis Obispo Creek originates in the Cuesta Grade area north of San Luis Obispo at an elevation of 2,200 feet above mean sea level, in the western slopes of the Santa Lucia Range. The creek flows south through the City of San Luis Obispo adjacent to U.S. Highway 101 until it reaches the southern extent of the Irish Hills where it veers west to the ocean. The City is generally located within a low‐lying valley centered on San Luis Obispo Creek. San Luis Obispo Creek is one of four major drainage features that create flood hazards in the city, with the others being Stenner Creek, Prefumo Creek, and Old Garden Creek. In addition, many minor waterways drain into these creeks, and these can also present flood hazards. Because of the high surrounding hills and mountains in the area, the drainage sheds of these creeks are relatively small, but the steep slopes and high gradient can lead to intense, fast moving flood events in the city. Key areas within the 100‐Year Flood Zone include: Downtown (especially bounded by Santa Rosa, Monterey, Broad, and Pismo Streets); Mid‐Higuera Area; and Margins of Laguna Lake and Prefumo Creek (refer to LUCE EIR Section 4.9 Hydrology and Water Quality, Figure 4.9‐1 100-year Flood Zones). San Luis Obispo is not subject to inundation from dam failure, beach erosion, or coastal or lakefront flooding due to earthquake‐induced waves (tsunami or seiche). Water Quality. The City’s Public Works, Utilities, and Community Development Departments are responsible for coordinating the implementation of the City’s Storm Water Management Program (SWMP). This program is required under the Phase II Storm Water Regulations regulated by the SWRCB, San Luis Obispo Region. The primary goal of the program is to minimize urban runoff that enters the municipal storm drain system, and carries bacteria and other pollutants into local creeks, our watershed and to the ocean. As part of these new requirements, the City of San Luis Obispo has been mandated to establish a set of minimum-designated Best Management Practices (BMPs) and Pollution Prevention Methods (PPMs). BMPs are steps taken to minimize or control the amount of pollutants and runoff. PPMs are strategies to eliminate the use of polluting materials, and/or not exposing potential pollutants to rainwater or other runoff. San Luis Obispo Creek has been designated by the Central Coast Regional Water Quality Control Board (RWQCB) as having present and potential beneficial uses for municipal supply; agricultural supply; groundwater recharge; recreation; wildlife habitat; warm and cold fresh water habitat; migration of aquatic organisms; spawning, reproduction, and/or early development of fish; and commercial and sport fishing. As documented in LUCE EIR Section 4.9 Hydrology and Water Quality, water quality in the San Luis Obispo Creek drainage system is generally considered to be good; however, the water quality fluctuates along with seasonal changes in flow rates. In summer months, when the flows decrease and dilution is reduced, water quality decreases. According to the RWQCB Total Maximum Daily Load (TMDL) Project for San Luis Obispo Creek, the creek has been reported to exceed nutrient and pathogen levels. Nitrate sources contributing to the nutrients identified in TMDL Project are, in decreasing order of contribution: City of San Luis Obispo Water Resource Recovery Facility (WRRF), croplands, background, reservoirs, and residential areas. The fecal coliform sources identified by the RWQCB TMDL Project are, in decreasing order of contribution: urban, human, birds and bats roosting in the tunnel, livestock, and background. Ordinance No. 1650 (2018 Series) EXHIBIT A Sources Potentially Significant Impact, greater than identified in the LUCE EIR Significant Impact Adequately Addressed in the LUCE EIR Less Than Significant Impact, consistent with the LUCE EIR No Impact, consistent with the LUCE EIR CITY OF SAN LUIS OBISPO INITIAL STUDY ENVIRONMENTAL CHECKLIST 2018 54 Groundwater Quality. Groundwater within the San Luis Obispo Valley Sub‐basin flows toward the south‐southwest, following the general gradient of surface topography. Groundwater occurs within the alluvial sediments and the underlying weathered and fractured bedrock. Depth to groundwater in the San Luis Obispo Valley Sub‐basin is estimated to be 15 to 25 feet below ground surface. Groundwater within the San Luis Obispo area is considered suitable for agricultural water supply, municipal and domestic supply, and industrial use. For additional information, refer to LUCE EIR Section 4.9 Hydrology and Water Quality. a), f) LUCE EIR Conclusion The LUCE EIR notes that potential development in accordance with the LUCE could increase the amount of point and non‐point sources of contamination, which could affect water quality and groundwater in the City. An increase in point source and non‐point source pollution could result from increases in development intensity and construction activities which may directly impact water quality specific to site drainage patterns. Discharge of pollutants from any point source is prohibited unless the discharge is in compliance with a National Pollutant Discharge Elimination System (NPDES) Permit issued by the Regional Water Quality Control Board. Generally, pollutants of greatest concern in regulation of point sources include nutrients (ammonia and nitrate), heavy metals, toxic chemicals, chlorine, and salts. The LUE includes policies and programs for point and non‐point sources of contamination that has the potential to affect water quality, including 3.7.3 Air & Water Quality. Industries locating or expanding in San Luis Obispo are required to comply with all applicable air‐quality and water‐quality regulations. The COSE lists policies for point and non‐point sources of contamination (10.3.2 Maintain water quality). In addition to the City’s General Plan, the RWQCB has developed a Basin Plan (2011) designed to preserve and enhance water quality and protect the beneficial uses of all regional waters. Water quality objectives for the Central Coastal Basin satisfy state and federal requirements established to protect waters for beneficial uses and are consistent with existing statewide plans and policies. This would ensure that impacts from point and non‐point sources of contamination will not affect water quality in San Luis Obispo Creek and groundwater in the City of San Luis Obispo and remain less than significant. The LUCE EIR concluded that “point and non‐point sources of contamination could affect water quality in San Luis Obispo Creek, Prefumo Creek as well as other surface waters and groundwater in the city. However, compliance with existing regulations and implementation of General Plan policies and the City’s Stormwater Management Plan (SWMP) would result in Class III, less than significant impacts” (LUCE EIR Section 4.9 Hydrology and Water Quality, Impact HWQ-3). Proposed Zoning Regulations Update Analysis and Conclusions Consistent with the analysis and conclusions of the LUCE EIR, construction activities associated with development under the proposed Zoning Regulations Update could result in the pollution of natural watercourses or underground aquifers. The types of pollutant discharges that could occur as a result of construction include accidental spillage of fuel and lubricants, discharge of excess concrete, and an increase in sediment runoff. Regulations under the federal Clean Water Act and the State require construction activity that disturbs greater than one acre, or that disturbs less than one acre but is part of a larger common plan of development, to comply with the NPDES State General Construction Permit. The Permit requires the preparation of a Storm Water Pollution Prevention Plan (SWPPP) that contains specific actions, termed Best Management Practices (BMPs), to control the discharge of pollutants, including sediment, into local surface water drainages. A Notice of Intent (NOI) to perform work under the Permit must be filed with the State. In the State of California, Regional Water Quality Control Boards administer the NPDES permit process for construction sites, with implementation coordinated with the local agencies under their Phase I and Phase II NPDES Municipal Permits (SWMP). Increases in development intensity that could occur under the Zoning Regulations Update may incrementally increase pollutants in surface runoff. New development would be required to comply with current federal, state, and local requirements, which are more stringent than what was required at the time most existing development within the city was built. As such, redevelopment of these areas with new projects that incorporate current BMP requirements has the potential to improve water quality in area drainages. Overall, impacts are anticipated to be less than significant. Ordinance No. 1650 (2018 Series) EXHIBIT A Sources Potentially Significant Impact, greater than identified in the LUCE EIR Significant Impact Adequately Addressed in the LUCE EIR Less Than Significant Impact, consistent with the LUCE EIR No Impact, consistent with the LUCE EIR CITY OF SAN LUIS OBISPO INITIAL STUDY ENVIRONMENTAL CHECKLIST 2018 55 Point and non‐point sources of contamination could affect water quality in San Luis Obispo Creek, Prefumo Creek, and other surface waters and groundwater in the city. In addition to the General Plan and Basin Plan policies, the City’s Stormwater Quality Ordinance helps maintain the health, safety, and general welfare of citizens, and protects and enhances the quality of watercourses and water bodies in a manner pursuant to and consistent with the Clean Water Act by reducing pollutants in storm water discharges to the maximum extent practicable by prohibiting non‐storm water discharges to the storm drain system and improving storm water management. Compliance with the General Plan and stormwater regulations summarized above directly address future development with the potential impact from point and non‐point source contamination. As future development under the Zoning Regulations Update is proposed, the City will be required to ensure consistency with the General Plan and the policies/programs listed above. Implementation of proposed and existing policies and reliance on establishment of project‐specific mitigation measures where appropriate would reduce potential impacts to a less than significant level. The proposed Zoning Regulations Update, by itself, does not propose or authorize any development. Future land uses that occur pursuant to the proposed Project would be required to conform to all applicable regulations summarized above that address stormwater and water quality. Impacts would be less than significant. Conclusion. The proposed Zoning Regulations Update would make revisions, additions, corrections and clarifications to various sections of the Zoning Regulations to ensure consistency and successful implementation of the LUCE. the proposed Project would not allow new development in areas where such development is prohibited under the LUCE. Therefore, there would be no new impacts related to stormwater discharge and water quality that have not been previously examined or adequately addressed in LUCE EIR Section 4.9 Hydrology and Water Quality. b), c) LUCE EIR Conclusion The LUCE EIR states that development pursuant to the LUCE could cause an increase in the amount of impervious surfaces within the city which could lead to the lack of percolation of water to the groundwater basin and could alter drainage patterns resulting in erosion and/or sedimentation. Potential development may also increase the volume of surface runoff due to lack of percolation. Future development and redevelopment projects within the City are required to comply with the Central Coast Regional Water Quality Control Board Post Construction Requirements. Future development could result in additional runoff from the impervious area constructed. This additional impervious area has the potential result in an increase in the amount of runoff within the watershed, as well as a marginal decrease in percolation to the groundwater basin. However, upon compliance with the terms of the City’s SWMP, the LUCE EIR determined that impacts would be less than significant. The LUE includes goals, policies and programs to address impacts related to groundwater percolation and recharge and the altering of existing drainage patterns to less than significant levels, including: 6.6.5 Runoff Reduction and Groundwater Recharge; 6.6.6 Development Requirements; and 6.7.1 Previously Developed Areas. The Safety Element lists the following policies that address potential impacts related to groundwater percolation and recharge and the altering of existing drainage patterns: 2.1 Flood Hazard Avoidance and Reduction and 10.12 Critical Facilities Locations. The COSE lists goals, policies and programs related to groundwater percolation and recharge and the altering of existing drainage patterns, including 8.3.3 Open space for safety; 10.2.2 Awhahnee Water Principles; 10.1.3 Goal Water Quality; and, 10.2.1 Water Quality. The LUCE EIR concluded that “development facilitated by the LUCE Update has the potential to increase the amount of impervious surfaces within the city. This could result in a decrease in percolation to the Groundwater Basin, the alteration of drainage patterns and increases in the volume of surface runoff. Compliance with the City’s Stormwater Management Plan (SWMP) would reduce impacts to a Class III, less than significant level” (LUCE EIR, Section 4.9 Hydrology and Water Quality, Impact HWQ‐2). Proposed Zoning Regulations Update Analysis and Conclusions Consistent with the LUCE EIR, development facilitated by the proposed Zoning Regulations Update has the potential to Ordinance No. 1650 (2018 Series) EXHIBIT A Sources Potentially Significant Impact, greater than identified in the LUCE EIR Significant Impact Adequately Addressed in the LUCE EIR Less Than Significant Impact, consistent with the LUCE EIR No Impact, consistent with the LUCE EIR CITY OF SAN LUIS OBISPO INITIAL STUDY ENVIRONMENTAL CHECKLIST 2018 56 increase the amount of impervious surface within the City. This could result in a decrease in percolation to the Groundwater Basin, the alteration of drainage patterns and increases in the volume of surface runoff. Adherence to the existing City’s General Plan, and compliance with the City’s SWMP and Drainage Design Manual (DDM) will ensure that the creation of additional impervious areas will not increase the amount of runoff within the watershed and will not affect percolation to the groundwater basin or adversely alter drainage patterns. As such, impacts would be less than significant. The proposed Zoning Regulations Update, by itself, does not propose or authorize any development. Future land uses that occur pursuant to the proposed Project would be required to conform to all applicable regulations that address drainage and storm water runoff, including the City’s SWMP and DDM. Therefore, the proposed Project would not violate any drainage or stormwater standards. Additionally, the proposed Zoning Regulations Update would not substantially interfere with groundwater recharge, or substantially alter existing drainage patterns in a manner that would result in substantial erosion or siltation off-site. Impacts would be less than significant. Conclusion. The proposed Zoning Regulations Update would make revisions, additions, corrections and clarifications to various sections of the Zoning Regulations to ensure consistency and successful implementation of the LUCE. the proposed Project would not allow new development in areas where such development is prohibited under the LUCE. Therefore, there would be no new impacts related to groundwater recharge and drainage that have not been previously examined or adequately addressed in LUCE EIR Section 4.9 Hydrology and Water Quality. d), g), h) Flooding can cause widespread damage to affected areas and endanger human safety. When urban areas encroach on floodplains, buildings and vehicles can be damaged or destroyed, while smaller objects can be buried in flood‐deposited sediments. Floodwaters can break utility lines, interrupting services and potentially affecting health and safety. Floods may also create health and safety hazards and disrupt vital public services. The secondary effects of flooding are due to standing water, which can result in crop damage, septic tank failure, and water well contamination. Standing water can also damage roads, foundations, and electrical circuits. The extent of damage caused by any flood depends on the topography of the area flooded; depth, duration, and velocity of floodwaters; the extent of development in the floodplain; and the effectiveness of forecasting, warnings, and emergency operations. Encroachment onto floodplains, such as artificial fills and structures, reduces the capacity of the floodplain and increases the height of floodwater upstream of the obstructions. LUE Section 6 Resource Protection includes several policies related to flooding and flood management, including: 6.6 Creeks, Wetlands, and Flooding Policies; 6.6.1 Creek and Wetlands Management Objectives; and 6.6.6 Development Requirements (project designs shall minimize drainage concentrations and impervious coverage and floodplain areas should be avoided and, where feasible, any channelization shall be designed to provide the appearance of a natural water course). LUE 6.7 Creeks and Flooding Programs include: 6.7.1. Previously Developed Areas (to limit the potential for increased flood damage in urbanized areas, the City shall ensure new development complies with the City’s flood plain ordinance, setbacks, specific plans, and design standards to minimize flood damage and flood plain encroachment), 6.7.2. National Flood Program (the City shall administer the National Flood Insurance Program standards); 6.7.3. Creekside Care and Notification (in maintaining creek channels to accommodate flood waters, the City shall notify owners of creeks and adjacent properties in advance of work and use care in any needed removal of vegetation), and 6.7.4. Evaluate Use of Financing Districts. The COSE also includes policies and programs related to floodplain management including 7.7.9 Creek Setbacks, 8.3.3 Open Space for safety, and 10.2.2 Ahwahnee Water Principles. The Safety Element lists goals and policies aimed to protect from flooding which include 2.1 Flood Hazard Avoidance and Reduction and 10.12 Critical Facilities Locations. LUCE EIR Conclusion The LUCE EIR concluded that “future implementation of the following proposed development area projects and street network changes would have the potential to result in significant impacts related to flooding or impede or redirect flood flows. New development under the LUCE Update within the 100‐year flood plain could be subject to flooding and have the potential to impede or redirect flood flows. However, with implementation of General Plan policies and adherence to the City’s Floodplain Management Regulation impacts related to flooding would be Class III, less than significant” (LUCE EIR Section 4.9 Hydrology and Water Quality, Impact HWQ‐1). Ordinance No. 1650 (2018 Series) EXHIBIT A Sources Potentially Significant Impact, greater than identified in the LUCE EIR Significant Impact Adequately Addressed in the LUCE EIR Less Than Significant Impact, consistent with the LUCE EIR No Impact, consistent with the LUCE EIR CITY OF SAN LUIS OBISPO INITIAL STUDY ENVIRONMENTAL CHECKLIST 2018 57 Proposed Zoning Regulations Update Analysis and Conclusions Consistent with the LUCE EIR, development pursuant to the Zoning Regulations Update could result in new development within the 100‐year floodplain and could introduce structures in areas that could impede or redirect flood flows. Under the General Plan, any property within the Flood Insurance Rate Program (FIRM) defined 100‐year flood zone is considered as having a hazard potential requiring specified controls or protective measures. Anticipated development under the proposed Project could subject new development to flooding impacts. In addition to the General Plan policies listed above, adherence to the City of San Luis Obispo’s Floodplain Management Zone Regulations, the Waterway Management Program (WMP), the Drainage Design Manual (DDM), and the Stream Management and Maintenance Program will ensure that impacts from flooding remain less than significant. The proposed Zoning Regulations Update, by itself, does not propose or authorize any development. Future land uses that occur pursuant to the proposed Project would be required to conform to all applicable regulations that address drainage, storm water runoff, and flooding, including the City’s Floodplain Management Zone Regulations, the WMP, the DDM, and the Stream Management and Maintenance Program. Therefore, the proposed Project would not violate any drainage or flooding standards and would not substantially increase the potential for additional flood risk. Additionally, the proposed Zoning Regulations Update would not substantially alter the existing drainage patterns such that erosion or flooding would occur. Impacts would be less than significant. Conclusion. The proposed Zoning Regulations Update would make revisions, additions, corrections and clarifications to various sections of the Zoning Regulations to ensure consistency and successful implementation of the LUCE. the proposed Project would not allow new development in areas where such development is prohibited under the LUCE. Therefore, there would be no new impacts related to stormwater runoff, drainage, or flooding that have not been previously examined or adequately addressed in LUCE EIR Section 4.9 Hydrology and Water Quality. e) LUCE EIR Conclusion The LUCE EIR states that development facilitated by the LUCE has the potential to incrementally increase the amount of impervious surface area and place additional demand on existing stormwater conveyance infrastructure, such that new or expanded infrastructure may be needed. Based on the current regulations of the RWQCB reflected in the City’s Stormwater Management Plan (SWMP), development and redevelopment projects within the City are required to comply with the Central Coast Regional Water Quality Control Board Post Construction Requirements. In accordance with these requirements, future development could result in additional runoff from the impervious area, thereby placing limited demand on existing or planned stormwater infrastructure. As development occurs, site‐specific stormwater infrastructure needs would be determined on a project‐specific basis. The LUCE EIR determined that upon compliance with the City’s SWMP and State regulatory requirements, impacts related to the need for additional stormwater infrastructure would be less than significant. The LUCE EIR concluded that “development facilitated by the LUCE Update has the potential to create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems, resulting in increased stormwater runoff and has the potential to result in the need for additional stormwater infrastructure. Compliance with the City’s Stormwater Management Plan (SWMP), and State regulatory requirements, would reduce impacts to a Class III, less than significant” (LUCE EIR Section 4.9 Hydrology and Water Quality, Impact HWQ-4). Proposed Zoning Regulations Update Analysis and Conclusions Consistent with the analysis and conclusions of the LUCE EIR, development facilitated by the Zoning Regulations Update has the potential to create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems, resulting in increased stormwater runoff and has the potential to result in the need for additional stormwater infrastructure. Existing City policies and programs discussed above directly address future development with the potential impact to exceed the stormwater drainage system. As future development under the Project is proposed, the City will be required to ensure consistency with the General Plan and the policies/programs listed above. Adherence to the Ordinance No. 1650 (2018 Series) EXHIBIT A Sources Potentially Significant Impact, greater than identified in the LUCE EIR Significant Impact Adequately Addressed in the LUCE EIR Less Than Significant Impact, consistent with the LUCE EIR No Impact, consistent with the LUCE EIR CITY OF SAN LUIS OBISPO INITIAL STUDY ENVIRONMENTAL CHECKLIST 2018 58 existing City’s General Plan and compliance with the City’s SWMP and state requirements will ensure that the additional impervious areas will not result in impacts related to the need for increases in stormwater infrastructure. Individual development will be required to undergo separate environmental review, which may result in specific impacts that require project specific mitigation consistent with these policies. Implementation of proposed and existing policies and reliance on establishment of project‐specific mitigation measures where appropriate would reduce potential impacts to a less than significant level. The proposed Zoning Regulations Update, by itself, does not propose or authorize any development. Future land uses that occur pursuant to the proposed Project would be required to conform to all applicable regulations that address stormwater runoff. Therefore, the proposed Project would not violate any stormwater standards and impacts would be less than significant. Conclusion. The proposed Zoning Regulations Update would make revisions, additions, corrections and clarifications to various sections of the Zoning Regulations to ensure consistency and successful implementation of the LUCE. The proposed Project would not allow new development in areas where such development is prohibited under the LUCE. Therefore, there would be no new impacts related to stormwater runoff and impacts to the City’s stormwater conveyance infrastructure that have not been previously examined or adequately addressed in LUCE EIR Section 4.9 Hydrology and Water Quality. i), j) Existing and future development within the City is not subject to inundation from dam failure, beach erosion, or coastal or lakefront flooding due to earthquake‐induced waves (tsunami or seiche); therefore, no impacts would occur. Refer to Initial Study Section 6, Geology and Soils, for a discussion of potential impacts due to landslide (mudflow). 10. LAND USE AND PLANNING. Would the project: a) Physically divide an established community? 1, 2 X b) Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? 1, 2, 3, 4, 6, 24 X c) Conflict with any applicable habitat conservation plan or natural community conservation plan? 1, 2, 3, 4, 6 X Evaluation The City of San Luis Obispo includes a variety of land use types including residential, mixed-use, commercial, office, industrial, public/quasi-public, parks and recreation, agriculture, and open space. The City's General Plan guides the use and protection of various resources to meet community purposes. It reflects consensus and compromise among a wide diversity of citizens' preferences, within a framework set by State law. The General Plan is published in separately adopted sections, called elements, which address various topics. The LUE represents a generalized blueprint for the future of the City of San Luis Obispo. Required by State law, it is the core of the General Plan. Starting with conditions at the time of adoption, the LUE sets forth a pattern for the orderly development of land within the City's planning area. This pattern should be based on residents' preference and on protection of natural assets unique to the planning area. The LUE describes the expected level of population growth resulting from construction of the kinds of housing units included in the plan, as well as the kinds of new commercial and industrial development that are responsive to the City's economic needs. The City’s Zoning Regulations are “intended to guide the development of the City in an orderly manner, implement the policies of the General Plan, to protect and enhance the quality of the natural and built environment, promote the public health, safety, and general welfare by regulating the use of land and building and the location and basic form of structures, and provide the physical, environmental, economic, and social advantages that result from the orderly planned use of land resources” (Zoning Regulations Section 17.02.020, Purpose and Authority). Ordinance No. 1650 (2018 Series) EXHIBIT A Sources Potentially Significant Impact, greater than identified in the LUCE EIR Significant Impact Adequately Addressed in the LUCE EIR Less Than Significant Impact, consistent with the LUCE EIR No Impact, consistent with the LUCE EIR CITY OF SAN LUIS OBISPO INITIAL STUDY ENVIRONMENTAL CHECKLIST 2018 59 a) The proposed Project is limited to an update to the City’s Zoning Regulations, pursuant to the City’s General Plan. The proposed Zoning Regulations Update, by itself, does not propose or authorize any development. Future land uses that occur pursuant to the proposed Project would be required to conform to all applicable regulations and standards of the updated Zoning Regulations and the LUCE. The update does not include any actions that would result in the division of an established community or neighborhood in the City, but rather provides the regulations that guide how future development would be developed. Therefore, impacts would be less than significant. Conclusion. The proposed Zoning Regulations Update would make revisions, additions, corrections and clarifications to various sections of the Zoning Regulations to ensure consistency and successful implementation of the LUCE. The proposed Project would not allow new development in areas where such development is prohibited under the LUCE. Therefore, there would be no new impacts that have not been previously examined or adequately addressed in the LUCE EIR Section 4.10 Land Use. b) The proposed Zoning Regulations Update is specifically intended to achieve consistency with local and regional plans, including the City’s General Plan. The proposed Zoning Regulations Update is one of the principal tools for implementing the LUCE, and this specific comprehensive update does not go beyond providing the regulations necessary to implement the policies and programs identified in the LUCE. LUCE EIR Conclusion As documented in the LUCE EIR, the ALUC found the LUCE update inconsistent with the ALUP. The City followed the process called out in Public Utilities Code (PUC) Section 21676 et seq. by referring the LUCE update and implementation to the ALUC for a determination of consistency with the ALUP. Following the ALUC’s determination of inconsistency with the ALUP, the City complied with the requirements identified in the California State Aeronautics Act (SSA) (see, e.g., SAA 21676, 21676.5 and 21677), which provide the process for the City to overrule the ALUC decision. In association with adoption of the LUCE and associated Airport Land Use Compatibility Report, and in compliance with the SAA, the City Council approved an overrule of the ALUP, which allowed for development to occur pursuant to the General Plan and adopted Specific Plans or existing Zoning Regulations Chapter 17.57 Airport Overlay Zone and associated Table 10 – Airport Overlay Zone (AOZ) – Maximum Allowed Persons. The LUCE EIR determined that based on substantial evidence in the record, that the overrule will not have a significant impact relative to safety, noise, airport land use compatibility or any other component of the environment; therefore, the LUCE EIR characterizes the policy conflict between the LUCE update and the ALUP as Class 3, less than significant. The LUCE EIR concluded that “the proposed LUCE Update would conflict with the airport land use plan (ALUP). However, with the implementation of proposed LUCE Update policies and implementing zoning regulations, potential land use conflicts are less than significant” (LUE EIR, Section 4.10 Land Use [refer to Final EIR], Impact LU-1). Proposed Zoning Regulations Update Analysis and Conclusions Consistent with the analysis and conclusions of the LUCE EIR, implementation of the proposed Zoning Regulations Update would facilitate development within the boundary of the ALUP and City Zoning Regulations AOZ. The proposed Zoning Regulations Update has tentatively restructured this section of the Zoning Regulations as Chapter 17.64 and includes clarifications to how density is to be calculated (consistent with the California Airport Land Use Planning Handbook) and includes updates specific to the names of land uses, consistent with the remainder of the proposed Update (refer to Article 2 of the proposed Project). The proposed Zoning Regulations Update would not modify the allowable density for each use within identified Safety Zones (refer to Table 10 – Airport Overlay Zone (AOZ) – Maximum Allowed Persons). Table 1 below shows how the proposed Zoning Regulations Update would implement specific policies identified in the LUCE: Ordinance No. 1650 (2018 Series) EXHIBIT A Sources Potentially Significant Impact, greater than identified in the LUCE EIR Significant Impact Adequately Addressed in the LUCE EIR Less Than Significant Impact, consistent with the LUCE EIR No Impact, consistent with the LUCE EIR CITY OF SAN LUIS OBISPO INITIAL STUDY ENVIRONMENTAL CHECKLIST 2018 60 TABLE 1. LAND USE ELEMENT POLICY STATEMENTS AND ASSOCIATED ZONING REGULATIONS UPDATES 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. 2.12. 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 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 This issue will be addressed as part of a subsequent study. Ordinance No. 1650 (2018 Series) EXHIBIT A Sources Potentially Significant Impact, greater than identified in the LUCE EIR Significant Impact Adequately Addressed in the LUCE EIR Less Than Significant Impact, consistent with the LUCE EIR No Impact, consistent with the LUCE EIR CITY OF SAN LUIS OBISPO INITIAL STUDY ENVIRONMENTAL CHECKLIST 2018 61 parking lots and structures for residents’ parking. 3.9. Zoning Regulations. The City shall amend its Zoning Regulations to implement the changes included in the 2014 General Plan update program. This update process and planned follow-up 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 and 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. Proposed overlay zone for Upper Monterey from C-R to C-R-D (Downtown overlay) 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 conditions 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. Ordinance No. 1650 (2018 Series) EXHIBIT A Sources Potentially Significant Impact, greater than identified in the LUCE EIR Significant Impact Adequately Addressed in the LUCE EIR Less Than Significant Impact, consistent with the LUCE EIR No Impact, consistent with the LUCE EIR CITY OF SAN LUIS OBISPO INITIAL STUDY ENVIRONMENTAL CHECKLIST 2018 62 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. The proposed Project is limited to an update to the City’s Zoning Regulations, pursuant to the City’s General Plan. The proposed Project, by itself, does not propose or authorize any development. Future land uses that occur pursuant to the proposed Project would be required to conform to all applicable regulations and standards of the updated Zoning Regulations and the General Plan. The update does not include any actions that would result in an incompatibility with an adopted plan. Therefore, impacts would be less than significant. Conclusion. The proposed Zoning Regulations Update would make revisions, additions, corrections and clarifications to various sections of the Zoning Regulations to ensure consistency and successful implementation of the LUCE. The proposed Project would not allow new development in areas where such development is prohibited under the LUCE. Therefore, consistent with the LUCE and Community Goals identified in the LUE, the proposed Zoning Regulations includes standards and requirements that: facilitate protection of the environment, including hillsides, creeks, surface and groundwater, soils, and air quality; include development and redevelopment standards that support a well-balanced community; and maintain and where appropriate adapt the City form to preserve open space, create compact, mixed-use neighborhoods that locate housing, jobs, recreation, and other daily needs in close proximity to one another, protect the quality of life in established neighborhoods through compliance with proposed edge conditions regulations, and encouraging multi-modal transportation. Therefore, there would be no new impacts that have not been previously examined Ordinance No. 1650 (2018 Series) EXHIBIT A Sources Potentially Significant Impact, greater than identified in the LUCE EIR Significant Impact Adequately Addressed in the LUCE EIR Less Than Significant Impact, consistent with the LUCE EIR No Impact, consistent with the LUCE EIR CITY OF SAN LUIS OBISPO INITIAL STUDY ENVIRONMENTAL CHECKLIST 2018 63 or adequately addressed in LUCE EIR Section 4.10 Land Use (refer to the Final EIR). c) The City has eight Open Space Conservation Plans that guide protection, access, and restoration efforts within these areas of the City’s Greenbelt: Agricultural Master Plan for Calle Joaquin Reserve; Bishop Peak Natural Reserve; Cerro San Luis Conservation Plan; Irish Hills Conservation Plan; Johnson Ranch Conservation Plan; South Hills Conservation Plan; Stenner Springs Natural Reserve Draft Conservation Plan; and Reservoir Canyon Natural Reserve Conservation Plan. Riparian and wildlife corridors, wetlands, habitat, and other natural communities are addressed through policies in the General Plan. Applicable COSE plans and policies include: 8.3.2 Open space buffers; 8.5.1 Public access; and 8.6.3 Required mitigation). Applicable LUE policies and programs include 6.1.1 Resource Planning; 6.3.2 Open Space Uses; 6.4.2 Development Limits; and 6.6.1 Creek and Wetlands Management Objectives. LUCE EIR Conclusion The LUCE EIR concluded that “the proposed Land Use Element Update would result in conflicts with applicable habitat conservation plans or natural community conservation plans. With the implementation of proposed LUCE Update policies, potential plan and policy conflict impacts are considered Class III, less than significant” (LUCE EIR, Section 4.10 Land Use, Impact LU-3). Proposed Zoning Regulations Update Analysis and Conclusions The proposed Project is limited to an update to the City’s Zoning Regulations, pursuant to the City’s General Plan. The proposed Project, by itself, does not propose or authorize any development. Future land uses that occur pursuant to the proposed Project would be required to conform to all applicable regulations and standards of the updated Zoning Regulations and the General Plan. The proposed Project supplements existing Zoning Regulations requirements applicable to the preservation of natural resources by including additional and clarified regulations and mandatory findings related to hillside development (see proposed Article 3, Hillside Development Standards) and allowing density reductions in the Conservation and Open Space (C/OS) zone as necessary based on the extend of environmental resources. The Project does not include any actions that would result in an incompatibility with an adopted plan. Based on compliance with the General Plan and City Conservation Plans, potential impacts would be less than significant. Conclusion. The proposed Zoning Regulations Update would make revisions, additions, corrections and clarifications to various sections of the Zoning Regulations to ensure consistency and successful implementation of the LUCE. The proposed Project would not allow new development in areas where such development is prohibited under the LUCE. Therefore, there would be no new impacts that have not been previously examined or adequately addressed in LUCE EIR Section 4.10 Land Use. 11. MINERAL RESOURCES. Would the project: a) Result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state? 1, 2, 4 X b) Result in the loss of availability of a locally-important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? 1, 2, 4 X Evaluation Native minerals are those occurring in the San Luis Obispo area that have, or are expected to have, economic value. Sand, gravel and stone used in construction, and metal ores, are examples of economically valuable minerals. In the past, quarries and mines in the San Luis Obispo area produced basaltic stone for masonry, “red rock” for road base and surfacing, and cinnabar, an ore of mercury. State guidelines and rules aim for continued accessibility to native minerals, while avoiding significant harm to the environment or human health from their extraction. In the 1980s, a petroleum company asked to explore City-owned land in the Lopez Lake area. The request was denied based on the environmental qualities of the area. Since that time, no other such Ordinance No. 1650 (2018 Series) EXHIBIT A Sources Potentially Significant Impact, greater than identified in the LUCE EIR Significant Impact Adequately Addressed in the LUCE EIR Less Than Significant Impact, consistent with the LUCE EIR No Impact, consistent with the LUCE EIR CITY OF SAN LUIS OBISPO INITIAL STUDY ENVIRONMENTAL CHECKLIST 2018 64 requests have been received, and the City’s policy on mineral extraction within City limits has remained unchanged. a), b) There are no mineral resource recovery sites in the City; therefore, the proposed Zoning Regulations Update would not result in the loss of availability of a known mineral resource or mineral resource recovery site. Any future request would be subject to the policies and programs of the General Plan and Municipal Code regulations. No impact would occur. Conclusion. The proposed Zoning Regulations Update would make revisions, additions, corrections and clarifications to various sections of the Zoning Regulations to ensure consistency and successful implementation of the LUCE. The proposed Project would not allow new development in areas where such development is prohibited under the LUCE. Therefore, there would be no new impacts that have not been previously examined or adequately addressed in LUCE EIR Section 4.6 Geology and Soils. 12. NOISE. Would the project result in: a) Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? 1, 2, 3, 6, 30, 31 X b) Exposure of persons to or generation of excessive groundborne vibration or groundborne noise levels? 1, 2, 3, 6, 30, 31 X c) A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project? 1, 2, 3, 6, 30, 31 X d) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? 1, 2, 3, 6, 30, 31 X e) For a project located within an airport land use plan, or where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? f) For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excessive noise levels? 1, 2, 3, 6, 23, 24, 29, 30, 31 X 1, 2, 3, 6, 23, 24, 29, 30, 31 X Evaluation A number of noise‐sensitive land uses are present within the city, including various types of residential, schools, hospitals and care facilities, parks and recreation areas, hotels and transient lodging, and place of worship and libraries. Based on ambient noise level measurements conducted throughout the City during preparation of the LUCE EIR, major sources of noise include traffic noise on major roadways, passing trains, and aircraft overflights. Roadway traffic from highways and major arterials is the most significant source of noise affecting sensitive land uses in the City. LUCE EIR Section 4.11 Noise, Table 4.11‐1 Summary of Modeled Existing Roadway Traffic Noise Levels (refer to LUCE Final EIR) includes a summary of existing traffic noise levels. As shown in the LUCE EIR, residential uses located within the 60 dBA (average decibel level) contour on several road segments within the City are potentially exposed to noise levels above the 60 dBA Community Noise Equivalent Level (CNEL) standard for residential land uses. In addition to traffic noise on roadways, freight and passenger trains passing through the City contribute to community noise levels. Based on railroad noise modeling conducted for the LUCE EIR, noise levels from the railroad would result in 69 dBA CNEL at 50 feet from the center of the track. Stationary sources in the community include industrial facilities, as well as large institutions such as California Polytechnic State University. Aircraft overflights from San Luis Obispo County Regional Airport also contribute to the noise environment. The Airport Land Use Compatibility Report prepared in association with the LUCE EIR and adoption of the LUCE shows the location of the noise contours associated with the forecasted operations from the Airport Master Plan EIR, with the appropriate fleet mix, and time of day noise weighting (refer to Figure 6‐5 in the Johnson Aviation Airport Compatibility Report, November 2013). The LUCE EIR Ordinance No. 1650 (2018 Series) EXHIBIT A Sources Potentially Significant Impact, greater than identified in the LUCE EIR Significant Impact Adequately Addressed in the LUCE EIR Less Than Significant Impact, consistent with the LUCE EIR No Impact, consistent with the LUCE EIR CITY OF SAN LUIS OBISPO INITIAL STUDY ENVIRONMENTAL CHECKLIST 2018 65 states that no new residential uses are proposed within the 60 dB CNEL noise contours associated with forecasted airport operations. The City Noise Element contains a number of noise policies and standards, which are summarized in LUCE EIR, Section 4.11 Noise, including Table 4.11-2 Community Noise Exposure Levels and Table 4.11-3 Maximum Noise Exposure for Noise- Sensitive Uses Due to Transportation Noise Sources. LUCE EIR Appendix J: Noise Modeling and LUCE Update Background Report 6.10 Noise provide recent and future noise levels and associated noise contours based on updated noise modeling conducted as part of the LUCE EIR. This updated information is currently used in place of the outdated noise levels and contours presented in the City Noise Element. New development of noise‐sensitive land uses may be permitted only where location or design allow the development to meet the standards identified for existing stationary noise sources (refer to the Noise Element and LUCE EIR Section 4.11 Noise, Table 4.11‐4 Maximum Noise Exposure for Noise-Sensitive Uses Due to Stationary Noise Sources). This policy does not apply to noise levels associated with agricultural operations. The Noise Element also contains a number of policies that address procedures for noise mitigation, including specific treatments for sound walls. Chapter 9.12 of the City’s Municipal Code (Noise Control Ordinance) stipulates that construction or demolition activities that create a noise disturbance across a residential or commercial property line are prohibited between the hours of 7:00 p.m. and 7:00 a.m., Monday through Saturday, and any time on Sundays or holidays (refer to Municipal Code Section 9.12.050). The ordinance further states that, where technically and economically feasible, construction activities shall not exceed the standards identified in LUCE EIR Section 4.11 Noise, Table 4.11‐5 Maximum Noise Levels for Properties Affected by Construction and Demolition Noise. Municipal Code Section 9.12.050 prohibits operating or permitting the operation of any device that creates a vibration which is above the vibration perception threshold of an individual at or beyond the property boundary of the source if on private property or at 150 feet from the source if on a public space or public right‐of‐way. Municipal Code Section 9.12.060 identifies exterior noise limits for noise generated by existing residential and nonresidential properties (refer to LUCE EIR Section 4.11 Noise, Table 4.11‐6 Maximum Exterior Noise Limits). These noise level standards are not to be exceeded more than 30 minutes in any one hour. The noise levels in LUCE EIR Table 4.11‐6 do not apply to construction activities, which are covered under the noise levels summarized in LUCE EIR Table 4.11‐5. Based on the Municipal Code, the maximum interior noise standard for multi‐family residential uses is 40 dBA from 10:00 p.m. to 7:00 a.m. and 45 dBA from 7:00 a.m. to 10:00 p.m. These noise levels shall not be exceeded for a cumulative period of more than five minutes in any hour or, the noise standard plus 5 dB for a cumulative period of more than one minute in any hour, or the noise standard plus 10 db for any period of time. Municipal Code Section 9.12.080.A prohibits refuse collection between the hours of 7:00 p.m. and 6:30 a.m. within or adjacent to a residential area. In addition to the Municipal Code, the City uses the City of San Luis Obispo Noise Guidebook as part of their regulatory program and to implement the Noise Element. a) This analysis section addresses potential noise impacts, as compared to the compatibility and noise exposure standards in the Noise Element, including: short-term noise generation, long-term noise generation due to transportation-related sources, and long-term noise generation due to stationary sources. LUCE EIR Conclusion Short-term (Construction-related) Noise The LUCE EIR states that construction activities associated with future development projects consistent with the LUCE could include site preparation (e.g., excavation, grading), laying of concrete foundations, paving, equipment installation, finishing, and cleanup. These activities typically involve the use of noise‐generating equipment such as cranes, excavators, dozers, graders, dump trucks, generators, backhoes, compactors, and loaders. LUCE EIR Section 4.11 Noise, Table 4.11‐7 Typical Construction Equipment Noise Levels shows the maximum noise levels generated by the types of equipment and activities that could be used during construction activities. During land development projects, the site preparation phase of construction results in the most noise generation from the use of heavy‐duty equipment such as excavators, graders, dozers, loaders, and trucks. Pile driving and blasting activities are unlikely to be used in most land development projects; however, they are shown in the LUCE EIR Table 4.11 for reference. Based on the information provided in LUCE EIR Table 4.11‐7 Ordinance No. 1650 (2018 Series) EXHIBIT A Sources Potentially Significant Impact, greater than identified in the LUCE EIR Significant Impact Adequately Addressed in the LUCE EIR Less Than Significant Impact, consistent with the LUCE EIR No Impact, consistent with the LUCE EIR CITY OF SAN LUIS OBISPO INITIAL STUDY ENVIRONMENTAL CHECKLIST 2018 66 and accounting for usage factors of individual pieces of equipment associated with a site preparation phase of construction, construction levels of up to 85 dBA Lmax could occur as measured 50 feet from a construction site. These levels could exceed the maximum construction noise levels permitted by the City’s Municipal Code adjacent to existing residential or mixed residential/commercial land uses (see LUCE EIR, Section 4.11 Noise, Table 4.11‐5 Maximum Noise Levels for Properties Affected by Construction and Demolition Noise). The Noise Element establishes operational standards for siting of new land uses; however, it contains no policies or programs that address the identification and mitigation of temporary construction noise generated by land development projects on existing sensitive receptors. Municipal Code Chapter 9.12 (Noise Control Ordinance) sets forth maximum noise levels that apply to existing properties that may be affected by construction and demolition activities. However, many construction projects could still exceed the maximum levels permitted by the City’s ordinance, as noted above, particularly in infill areas where adjacent land uses could be affected. Enforcement of the Noise Element and Noise Control Ordinance would reduce impacts to the extent feasible; however, with the implementation of feasible construction noise reduction measures and exemptions, construction activities could still exceed applicable standards especially if activities are near existing receptors and/or occur during the nighttime. Thus, the LUCE EIR determined that short‐term construction noise levels are considered Class I, significant and unavoidable. The LUCE EIR concluded that “implementation of development projects under the proposed LUCE Update would involve construction that could generate noise levels that exceed applicable standards for mobile construction equipment in the City’s Noise Control Ordinance and result in temporary substantial increases in noise levels primarily from the use of heavy‐duty construction equipment. Even with the incorporation of the proposed LUCE Update policies and existing City policies, short‐term construction noise levels are considered Class I, significant and unavoidable” (LUCE EIR Section 4.11 Noise, Impact N-1: Short-Term Construction Noise Levels). Upon certification of the LUCE EIR and approval of the LUCE Update, the City adopted a Statement of Overriding Considerations for this significant and unavoidable impact. Proposed Zoning Regulations Update Analysis and Conclusions Consistent with the analysis and conclusions in the LUCE EIR, implementation of the Zoning Regulations Update would result in construction activity that generates noise levels exceeding applicable standards for mobile construction equipment and would result in temporary substantial increases in noise levels during the use of heavy-duty construction equipment. Future development is required to comply with the City Noise Element and Noise Control Ordinance; however, similar to the conclusion of the LUCE EIR, potential short-term impacts related to construction activity would be significant and unavoidable. LUCE EIR Conclusion Long-term Noise Exposure Due to Transportation-Related Noise Sources The LUCE EIR states that implementation of the LUCE and associated development projects could result in exposure of new sensitive receptors to existing transportation noise sources. Implementation of the LUCE would also generate increases in traffic on local roadways, due to planned increases in population, housing, and employment; which would increase overall traffic noise levels affecting both existing and new sensitive receptors. Single‐family residential development, schools, libraries, hospitals, convalescent homes, and places of worship are considered the most noise‐sensitive land uses. High‐density and mixed‐use residential, commercial, and industrial development is less noise‐sensitive because activities are primarily indoors, and typically noise exposure can be reduced through design and material choice (e.g., outdoor activity areas are located in courtyards surrounded by structures, materials with greater insulation are used). Roadway Traffic Noise. Existing and future traffic noise levels throughout the city were modeled during preparation of the LUCE EIR to determine the anticipated traffic noise levels along major roadways. A complete list of roadway segments and the modeled distances from the roadway centerline to the 55, 60, 65, and the 70 dBA Community Noise Equivalent Level (CNEL)/Day‐night noise level (Ldn) contour and the noise level at 50 feet from the roadway centerline is provided in Ordinance No. 1650 (2018 Series) EXHIBIT A Sources Potentially Significant Impact, greater than identified in the LUCE EIR Significant Impact Adequately Addressed in the LUCE EIR Less Than Significant Impact, consistent with the LUCE EIR No Impact, consistent with the LUCE EIR CITY OF SAN LUIS OBISPO INITIAL STUDY ENVIRONMENTAL CHECKLIST 2018 67 LUCE EIR Technical Appendix J: Noise Modeling. LUCE EIR Section 4.11 Noise, Table 4.11‐8 Modeled Changes in Traffic Noise Levels (2012 to 2035) shows the existing (baseline) traffic noise levels on modeled roadways, projected 2035 traffic noise levels, and the change in noise levels at 50 feet from the modeled roadways. Based on the modeling conducted, future projected traffic volumes on modeled roadways would result in traffic noise increases ranging from 1 to 10 dBA. The LUCE EIR determined that a noticeable increase in noise (i.e., 3 dB or greater) would be considered a substantial increase in noise. Railroad Traffic Noise. One existing railroad line owned by Union Pacific Railroad passes through the City and is used for both freight and passenger rail service. Noise from railroads is generated primarily by diesel locomotive engines, warning horns, and gate bells at railroad crossings. Other components of noise include diesel exhaust, cooling fans, and railroad car wheel/rail interaction. Railroad noise modeling is shown in LUCE EIR Section 4.11 Noise, Table 4.11‐9 Summary of Modeled Existing Railroad Noise Levels. The modeling summarizes the existing railroad noise levels at 50 feet from the railroad centerline, along with approximate distances from the railroad centerlines to the 70 dB, 65 dB, 60 dB, and 55 dB CNEL/Ldn noise contours. Pursuant to the LUCE, changes in land use could result in additional residential and mixed‐use development along major corridors, within the downtown area, or in various areas near or adjacent to the railroad line. Placement of new residential or other sensitive land uses in close proximity to this active railroad line could potentially expose people to excessive noise levels. The LUCE EIR concluded that “implementation of the proposed LUCE Update would increase traffic volumes and associated noise levels along major transportation routes. In some instances, traffic‐related noise increases could be more than 3 dB, the level typically audible to the human ear and; therefore, considered a substantial increase in noise. New development associated with the proposed LUCE Update could also result in the siting of new sensitive receptors in close proximity to transportation noise sources such as the railroad, with potential to exceed the land use compatibility and transportation noise exposure standards in the existing Noise Element. However, because the City’s Noise Element contains policies and programs that would address and mitigate potential site‐specific impacts for individual projects in the future, this impact would be considered Class III, less than significant” (LUCE EIR Section 4.11 Noise, Impact N‐2 Long‐Term Roadway and Railroad Traffic Noise Levels). Proposed Zoning Regulations Update Analysis and Conclusions Consistent with the analysis and conclusions in the LUCE EIR, implementation of the Zoning Regulations Update would result in increased traffic volumes and associated noise levels along major transportation routes. New development associated with the proposed Project could also result in the siting of new sensitive receptors in close proximity to transportation noise sources such as major roadways and the railroad, with potential to exceed the land use compatibility and transportation noise exposure standards in the existing Noise Element. Future development is required to comply with the City Noise Element and Noise Control Ordinance; therefore, potential impacts would be less than significant. LUCE EIR Conclusion Long-term Noise Exposure Due to Stationary Sources Stationary (and area) sources include landscape and building maintenance activities, stationary mechanical equipment (e.g., pumps, generators, HVAC units), garbage collection activities, commercial and industrial activities, and other stationary and area sources such as people’s voices, amplified music, and public address systems. The LUCE EIR concluded that “implementation of the proposed LUCE Update could increase stationary source noise levels from new development. New development associated with the proposed LUCE Update could also result in the siting of new sensitive receptors in close proximity to these source types, with potential to exceed the land use compatibility and stationary noise exposure standards in the existing Noise Element. However, because the City’s Noise Element contains policies and programs that would address and mitigate potential site‐specific impacts for individual projects in the future, this impact would be considered Class III, less than significant” (LUCE EIR Section 4.11 Noise, Impact N-3 Exposure of Ordinance No. 1650 (2018 Series) EXHIBIT A Sources Potentially Significant Impact, greater than identified in the LUCE EIR Significant Impact Adequately Addressed in the LUCE EIR Less Than Significant Impact, consistent with the LUCE EIR No Impact, consistent with the LUCE EIR CITY OF SAN LUIS OBISPO INITIAL STUDY ENVIRONMENTAL CHECKLIST 2018 68 Noise Sensitive Receptors to Stationary Sources). Proposed Zoning Regulations Update Analysis and Conclusions Consistent with the analysis and conclusions of the LUCE EIR, implementation of development pursuant to the proposed Zoning Regulations Update could increase stationary source noise levels from new development. New development could also result in the siting of new sensitive receptors in close proximity to these source types, with the potential to exceed the land use compatibility and stationary noise exposure standards in the Noise Element. However, the City’s Noise Element contains policies that apply to new stationary sources, and, similarly, LUCE policies would serve to mitigate potential increases in stationary noise that could occur as a result of overall development through 2035. Implementation of the proposed Project could also introduce new sensitive land uses in close proximity to existing stationary noise sources that could exceed applicable thresholds contained in the City’s Noise Element, similar to the analysis and conclusions identified in the LUCE EIR. Noise Element policies and standards require all new development to comply with the City’s adopted noise standards, noise mitigation procedures, and sensitive land use siting policies. Site‐specific noise studies would require mitigation measures, if necessary, to ensure that development meets noise standards. Therefore, implementation of the Zoning Regulations Update would not expose people to excessive noise levels from stationary sources. The proposed Zoning Regulations Update, by itself, does not propose or authorize any development. Future land uses that occur pursuant to the proposed Project would be required to conform to all applicable regulations and standards of the Municipal Code and Noise Element, which would ensure that future new land uses are designed to minimize construction- related, operational, and stationary noise levels. Similar to the determination in the LUCE EIR and associated Statement of Overriding Considerations, short-term impacts resulting from construction-related noise pursuant to the proposed Zoning Regulations Update would be significant and unavoidable. Long-term impacts associated with increases in transportation- related noise, development of noise-sensitive uses near transportation corridors, and increases in stationary noise sources would be less than significant. Conclusion. The proposed Zoning Regulations Update would make revisions, additions, corrections and clarifications to various sections of the Zoning Regulations to ensure consistency and successful implementation of the LUCE. The proposed Project would not make changes to the City’s existing Noise Ordinance. Additionally, the proposed Project would not allow new development in areas where such development is prohibited under the LUCE. Therefore, there would be no new impacts that have not been previously examined or adequately addressed in LUCE EIR Section 4.11 Noise. b) Ground vibration may result from short‐term construction activities as well as long‐term exposure from transportation noise sources (i.e., passenger trains, freight trains, buses). Construction activities have the potential to result in varying degrees of temporary ground vibration, depending on the specific construction equipment used and activities involved. Vibration generated by construction equipment spreads through the ground and diminishes with increases in distance. Construction‐related ground vibration is normally associated with impact equipment such as pile drivers, jackhammers, and the operation of some heavy‐duty construction equipment, such as dozers and trucks. Blasting activities also generate relatively high levels of ground vibration. LUCE EIR Section 4.11 Noise, Table 4.11‐10 Representative Ground Vibration and Ground Noise Levels for Construction Equipment displays ground vibration levels for typical construction equipment. The effects of ground vibration may be imperceptible at the lowest levels, result in low rumbling sounds and detectable vibrations at moderate levels, and high levels of vibration can cause sleep disturbance in places where people normally sleep or annoyance in buildings that are primarily used for daytime functions and sleeping. Ground vibration can also potentially damage the foundations and exteriors of existing structures even if it does not result in a negative human response. Pile driving and blasting activities produce the highest levels of ground vibration, as shown in LUCE EIR Table 4.11‐10 and can result in structural damage to existing buildings. LUCE EIR Conclusion Ordinance No. 1650 (2018 Series) EXHIBIT A Sources Potentially Significant Impact, greater than identified in the LUCE EIR Significant Impact Adequately Addressed in the LUCE EIR Less Than Significant Impact, consistent with the LUCE EIR No Impact, consistent with the LUCE EIR CITY OF SAN LUIS OBISPO INITIAL STUDY ENVIRONMENTAL CHECKLIST 2018 69 The LUCE EIR concluded that “implementation of the proposed LUCE Update could increase exposure to vibration levels. However, because the City’s ordinance contains and that these sources (existing and proposed) would be anticipated to be minor, this impact would be considered Class III, less than significant” (LUCE EIR Section 4.11 Noise, Impact N-5 Exposure to Excessive Vibration Levels). Proposed Zoning Regulations Update Analysis and Conclusions Consistent with the analysis and conclusions of the LUCE EIR, future development pursuant to the Zoning Regulations Update would occur in primarily urban settings where land is already disturbed and; therefore, would not be anticipated to require blasting, which is typically used to remove unwanted rock or earth. However, it is possible that pile driving could occur during building construction. The Zoning Regulations Update could facilitate the construction of sensitive land uses within portions of the City where known vibration sources exist, primarily in areas located along the existing active railroad corridors (a primary ground vibration source within the city). With regards to vibration impacts on new development near railroads, human disturbance is the primary concern. Vibration levels from trains passing would not result in structural damage to new development. As documented in the LUCE EIR, Section 4.11 Noise, proposed development within 80 feet of an existing railroad centerline could exceed the recommended threshold for human disturbance of 80 VdB for sensitive receptors that are exposed to an infrequent amount of vibration events. The proposed Zoning Regulations Update, by itself, does not propose or authorize any development. Future land uses that occur pursuant to the proposed Project would be required to conform to all applicable regulations and standards that address vibration, including requirements in the City’s Noise Ordinance that address construction-related vibration. Future development shall also comply with existing performance standards identified in the Zoning Regulations, which state that “no activity shall be conducted which causes ground vibrations perceptible at the property line” (current Zoning Regulations Section 17.18.020, proposed Zoning Regulations Section 17.74.110, Vibration). In addition, pursuant to CEQA, future new land uses that occur pursuant to the proposed Zoning Regulations Update would be subject to their own environmental review on a project-by-project basis to assess impacts related to groundborne vibration. Therefore, potential impacts related to vibration would be less than significant. Conclusion. The proposed Zoning Regulations Update would make revisions, additions, corrections and clarifications to various sections of the Zoning Regulations to ensure consistency and successful implementation of the LUCE. The proposed Project would not allow new development in areas where such development is prohibited under the LUCE. Therefore, there would be no new vibration impacts that have not been previously examined or adequately addressed in LUCE EIR Section 4.11 Noise. c), d) LUCE EIR Conclusion and Proposed Zoning Regulations Update Analysis and Conclusion Overall, development under the LUCE and Zoning Regulations Update would increase development intensity within the city limits, as well as undeveloped areas to a more built environment, thereby resulting in the generation of noise impacts as experienced by sensitive receptors. As noted above, the General Plan and Municipal Code protect sensitive receptors from noise impacts through policies and plan review. Adherence to these requirements would reduce any long-term impacts from buildout, including potential increases in overall ambient noise levels. With the implementation of feasible construction noise reduction measures and exemptions, short term construction activities could still exceed applicable standards especially if activities are near existing receptors and/or occur during the nighttime. Thus, consistent with the LUCE EIR, cumulative short‐term construction noise levels remain Class I, significant and unavoidable (LUCE EIR Section 4.11, Cumulative Impacts). The proposed Zoning Regulations Update, by itself, does not propose or authorize any development. Future land uses that occur pursuant to the proposed Project would be required to conform to all applicable regulations and standards of the Municipal Code and Noise Element, which would ensure that future new land uses are designed to minimize construction- related and operational noise levels. Similar to the determination in the LUCE EIR and associated Statement of Overriding Considerations, cumulative noise-related impacts pursuant to the proposed Zoning Regulations Update would be significant and unavoidable. Ordinance No. 1650 (2018 Series) EXHIBIT A Sources Potentially Significant Impact, greater than identified in the LUCE EIR Significant Impact Adequately Addressed in the LUCE EIR Less Than Significant Impact, consistent with the LUCE EIR No Impact, consistent with the LUCE EIR CITY OF SAN LUIS OBISPO INITIAL STUDY ENVIRONMENTAL CHECKLIST 2018 70 Conclusion. The proposed Zoning Regulations Update would make revisions, additions, corrections and clarifications to various sections of the Zoning Regulations to ensure consistency and successful implementation of the LUCE. The proposed Project would not make changes to the City’s existing Noise Ordinance. Additionally, the proposed Project would not allow new development in areas where such development is prohibited under the LUCE. Therefore, there would be no new impacts that have not been previously examined or adequately addressed in LUCE EIR Section 4.11 Noise. e), f) The ALUP establishes noise compatibility policies for sensitive land uses within the projected 55 and 60 dBA CNEL airport noise contours associated with the hypothetical maximum use of both runways. The ALUP restricts extremely noise sensitive land uses within the 60 dBA CNEL airport noise contour and requires mitigation measures for moderately sensitive land uses within the 60 dBA CNEL airport noise contour. As summarized in this Initial Study (see Section 10 Land Use and Planning) and as described in detail in the LUCE EIR, the City approved an overrule of the ALUC’s determination of consistency with the ALUP. The LUCE EIR determined that based on substantial evidence in the record, that the overrule will not have a significant impact relative to safety, noise, airport land use compatibility or any other component of the environment. In addition, two Specific Plan areas are located proximate to the airport. The Margarita Area Specific Plan area is located directly north of the Airport Area Specific Plan area and northwest of the Airport, while the Airport Area lies immediately adjacent to and north of the Airport. Development within these areas are subject to the policies, standards, and requirements identified in these Specific Plans. LUCE EIR Conclusion The LUCE EIR concluded that “implementation of the proposed LUCE Update would result in the designation of noise‐sensitive land uses located within or near the 55 dBA and 60 dBA noise contours of the San Luis Obispo County Regional Airport Land Use Plan. This could result in exposure of people to excessive noise levels. However, with the incorporation of the proposed LUCE Update policies that address airport noise compatibility and consistency with the adopted ALUP, this impact would be considered Class III, less than significant” (LUCE EIR Section 4.11, Impact N-4 Airport Noise Exposure). Proposed Zoning Regulations Update Analysis and Conclusions Implementation of the proposed Zoning Regulations Update would result in development occurring within the boundaries of the ALUP and City AOZ. Consistent with the analysis and conclusions of the LUCE EIR, based on compliance with the General Plan and proposed clarifications to the Airport Overly Zone section of the Zoning Regulations, potential impacts would be less than significant. The proposed Zoning Regulations Update, by itself, does not propose or authorize any development. Future land uses that occur pursuant to the proposed Project would be required to conform to all applicable regulations and standards of the Municipal Code, General Plan, and Specific Plans (as applicable). Therefore, the proposed Zoning Regulations Update would not expose people to significant levels of airport noise. Impacts would be less than significant. Conclusion. The proposed Zoning Regulations Update would make revisions, additions, corrections and clarifications to various sections of the Zoning Regulations to ensure consistency and successful implementation of the LUCE. The proposed Project would not allow new development in areas where such development is prohibited under the LUCE. Therefore, there would be no new impacts related to noise generated by airport operations that have not been previously examined or adequately addressed in the LUCE EIR (Section 4.11 Noise). 13. POPULATION AND HOUSING. Would the project: a) Induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? 1, 32 X b) Displace substantial numbers of existing housing, necessitating 1, 33 X Ordinance No. 1650 (2018 Series) EXHIBIT A Sources Potentially Significant Impact, greater than identified in the LUCE EIR Significant Impact Adequately Addressed in the LUCE EIR Less Than Significant Impact, consistent with the LUCE EIR No Impact, consistent with the LUCE EIR CITY OF SAN LUIS OBISPO INITIAL STUDY ENVIRONMENTAL CHECKLIST 2018 71 the construction of replacement housing elsewhere? c) Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? 1, 33 X Evaluation As documented in the LUCE EIR, as of January 2013, the City has a population of 45,541, and is expected to have a population increase of 4,613 people by 2035. Over the past 30 years, the population of the City has grown at an average rate of about one percent per year, with periods of faster or slower growth reflecting national and statewide economic cycles. At the beginning of 2013, the City had 20,697 housing units. According to the City’s General Plan Annual Report 2017, the total population in 2017 was 46,724 and the total housing units was 21,286. LUE Policy 1.11.2 Residential Growth Rate, states that the City shall manage the growth of the city's housing supply so that it does not exceed one percent per year, on average, based on thresholds established by Land Use Element Table 3 [One Percent City Population Growth Projection]. This rate of growth may continue so long as the City's basic service capacity is assured. Based on the Community Development Department’s running total of residential construction permits, as shown in General Plan Annual Report 2017 Table 6, the annual growth rate in 2017 was 0.53 percent, which includes new single-family and multi-family residential construction. This is well within the limit of the one percent annual residential growth rate identified in the Land Use Element. The five-year average growth rate also remained below one percent at 0.46 percent. a) LUCE EIR Conclusion The LUCE EIR concluded that “the LUCE Update would not result in residential unit development or associated population growth that exceeds an adopted average annual growth rate threshold. Potential population and housing impacts are considered Class III, less than significant” (LUCE EIR, Section 4.12 Population and Housing, Impact PH‐1). Proposed Zoning Regulations Update Analysis and Conclusions The proposed Zoning Regulations Update, by itself, does not propose or authorize any development. Future land uses that occur pursuant to the proposed Project would be required to conform to all applicable standards (such as maximum density) of the Zoning Regulations, as updated, and the LUCE, including identified growth rates. Therefore, the proposed Zoning Regulations Update would not induce substantial population growth. Impacts would be less than significant. Conclusion. The proposed Zoning Regulations Update would make revisions, additions, corrections and clarifications to various sections of the Zoning Regulations to ensure consistency and successful implementation of the LUCE. The proposed Project would not allow new development in areas where such development is prohibited under the LUCE. Therefore, there would be no new impacts that have not been previously examined or adequately addressed in LUCE EIR, Section 4.12 Population and Housing. b), c) The City’s Housing Element includes several goals, policies, and programs specific to the retention of existing housing within the City. Development pursuant to the Zoning Regulations Update is required to be consistent with City Housing Element Goal 3 Housing Conservation: “Conserve existing housing and prevent the loss of safe housing and the displacement of current occupants”. Housing Element Program 3.10 states that “continue to encourage the creation of dwellings in the Downtown Core (C-D Zone) and the Downtown Planning Area by continuing the "no net housing loss" program, consistent with Chapter 17.86 (Downtown Housing Conversion Regulations) of the Zoning Regulations”. The proposed Zoning Regulations retain the statement that “development projects within the Downtown Planning Area shall not result in a net housing loss.” The proposed Zoning Regulations Update, by itself, does not propose or authorize any development. Future land uses that occur pursuant to the proposed Project would be required to conform to all applicable federal, state, and local regulations that restrict housing loss and address tenant displacement. Based on compliance with the Housing Element, and implementation of the Zoning Regulations, impacts would be less than significant. Conclusion. The proposed Zoning Regulations Update would make revisions, additions, corrections and clarifications to various sections of the Zoning Regulations to ensure consistency and successful implementation of the LUCE. The Ordinance No. 1650 (2018 Series) EXHIBIT A Sources Potentially Significant Impact, greater than identified in the LUCE EIR Significant Impact Adequately Addressed in the LUCE EIR Less Than Significant Impact, consistent with the LUCE EIR No Impact, consistent with the LUCE EIR CITY OF SAN LUIS OBISPO INITIAL STUDY ENVIRONMENTAL CHECKLIST 2018 72 proposed Zoning Regulations Update would not allow new development in areas where such development is prohibited under the LUCE. Therefore, there would be no new impacts that have not been previously examined or adequately addressed in the LUCE EIR (LUCE EIR, Section 4.12 Population and Housing). 14. PUBLIC SERVICES. Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: a) Fire protection? 1, 13 X b) Police protection? 1, 13 X c) Schools? 1 X d) Parks? 1, 34 X e) Other public facilities? X Evaluation The San Luis Obispo Fire Department (SLOFD) provides fire and emergency services to the City of San Luis Obispo. The Fire Department is organized into five divisions: Emergency Operations, Fire Prevention and Life Safety, Training and Equipment, Administrative, and Support Services. In addition to providing fire and emergency services to the city, SLOFD maintains an Emergency Services Contract with Cal Poly. Under the current contract, SLOFD provides fire and emergency services to the university in return for a set annual fee. SLOFD operates out of four fire stations located throughout the City. The San Luis Obispo Police Department (SLOPD) provides police protection services within the city limits. SLOPD is responsible for responding to calls for service, investigating crimes and arresting offenders, enforcing traffic and other laws, and promoting community safety through crime prevention and school‐safety patrols. The Police Department consists of two bureaus, Administration and Operations, each of which has four divisions. The Police Department operates out of one main facility located at 1042 Walnut Street and a small additional office at 1016 Walnut Street. In July 2010, a new Emergency Communications Center opened at Fire Station One. The Emergency Communications Center provides dispatch for the Police Department and Fire Department. Program 9.3C of the Safety Element establishes a 30% available time objective for patrol response. “Available time” is the fraction of total time that a patrol unit is not previously assigned and is intended for use to conduct proactive enforcement, community policing or to assist with neighborhood wellness initiatives. The San Luis Obispo County Sheriff’s Department provides law enforcement services to areas outside the city but within the LUCE Planning Subarea. The Cal Poly Police Department provides police protection on campus. The California Highway Patrol (CHP) also provides law enforcement services within the LUCE Planning Subarea, primarily along state highways. The San Luis Coastal Unified School District (SLCUSD) serves an area between the coast and the Los Padres National Forest, and from Morro Bay to the north and Arroyo Grande to the south. In total, the District operates ten elementary schools, two middle schools, two high schools, one continuation high school, and an adult education facility. In addition to the K‐12 educational program, the SLCUSD offers a variety of additional educational programs, including: cooperative preschool, preschool early education, and parent participation. Within the San Luis Obispo LUCE Planning Subarea, the District operates six elementary schools, one middle school, one high school, and one continuation high school. There are six private schools located within the LUCE SOI Planning Subarea that provide preschool, primary, secondary, and high school educational services to residents based on individually set criteria (e.g., academic performance, religious affiliation). California Polytechnic State University San Luis Obispo and Cuesta College provide college education services. There are 26 parks in the city, consisting of eight community parks, ten neighborhood parks, and eight mini-parks. There are also six joint use facilities, and several recreation centers and special facilities (e.g., Damon Garcia Sports Fields and the SLO Swim Center). There is currently approximately 151.65 acres of parkland in the city, of which 33.53 acres are neighborhood parks. In addition to developed parks, the City owns or manages over 6,970 acres of open space within and adjacent to San Luis Obispo, some of which provide trails that accommodate hiking and mountain biking. LUCE EIR Section 4.14 Recreation Tables 4.14‐1 Existing City of San Luis Obispo Parks and Recreation Facilities and 4.14‐2 Existing City of San Luis Obispo Special Facilities and Figure 4.14‐1 Parks Locations describe the type, location, and amenities provided by parks and special Ordinance No. 1650 (2018 Series) EXHIBIT A Sources Potentially Significant Impact, greater than identified in the LUCE EIR Significant Impact Adequately Addressed in the LUCE EIR Less Than Significant Impact, consistent with the LUCE EIR No Impact, consistent with the LUCE EIR CITY OF SAN LUIS OBISPO INITIAL STUDY ENVIRONMENTAL CHECKLIST 2018 73 facilities in San Luis Obispo. a) LUCE EIR Conclusion As determined in the LUCE EIR, new residential and non‐residential development facilitated by the LUE would place additional service demands on the SLOFD. Increased service demands would have the potential to result in a significant environmental impact if new or physically altered fire service facilities would be required to ensure that the City’s four- minute response standard was achieved. The LUCE EIR concluded that “buildout of the proposed Land Use Element would increase the demand for fire protection services by increasing population and the number of structures in the city. This is a Class II, potentially significant but mitigable impact” (LUCE EIR, Section 4.13 Public Services, Impact PS-1). The recommended mitigation identified in the LUCE EIR was incorporated into the Safety Element, which includes the following policy as required pursuant to certification of the LUCE EIR: “Development shall be approved only when adequate fire suppression services and facilities are available or will be made available concurrent with development, considering the setting, type, intensity, and form of the proposed development”. Proposed Zoning Regulations Update Analysis and Conclusions Consistent with the LUCE EIR, implementation of development pursuant to the proposed Zoning Regulations would result in additional residential and non-residential development that would be served by SLOFD. As future development would be subject to General Plan policies, including the modified measure from the LUCE EIR that was incorporated into the Safety Element, implementation of the proposed Zoning Regulations Update would result in less than significant adverse physical impacts associated with the provision of new or altered facilities needed to achieve consistency with the City’s fire response standard. The proposed Zoning Regulations Update, by itself, does not propose or authorize any development. Future land uses that occur pursuant to the proposed Project would be evaluated by the City as part of the planning and development review process to determine the level of and demand for fire protection services that would be generated by each project. Additionally, all new land uses would be required to conform to all applicable federal, state, and local regulations that address fire safety, including the City Municipal Code, CBC, and Fire Code. Therefore, the proposed Zoning Regulations Update would not result in substantial adverse impacts on fire services. Impacts would be less than significant. Conclusion. The proposed Zoning Regulations Update would make revisions, additions, corrections and clarifications to various sections of the Zoning Regulations to ensure consistency and successful implementation of the LUCE. The proposed Zoning Regulations Update would not allow new development in areas where such development is prohibited under the LUCE. Therefore, there would be no new impacts that have not been previously examined or adequately addressed in LUCE EIR Section 4.13 Public Services. b) LUCE EIR Conclusion The LUCE EIR states that new residential and non‐residential development facilitated by the LUE would place additional service demands on the SLOPD. Increased service demands would have the potential to result in a significant environmental impact if new or physically altered law enforcement service facilities would be required. Based on the population estimates identified in the LUCE EIR, and if additional officers were hired commensurate with future population growth facilitated by the LUE, a total of 74 officers, an increase of seventeen officers compared to baseline conditions identified in the LUCE EIR, would be required to retain the existing officer to population ratio of 1.27. Space to house police personnel and equipment is currently fully subscribed. Should a substantial number of officers be hired in the future, reconfiguration, reconstruction or new construction of facilities may be needed to accommodate them. If a new or additional facility is constructed in a new location, changes to response time could result. Adverse physical impacts associated with the provision of new or altered facilities needed to maintain the existing ratio of officers to the population Ordinance No. 1650 (2018 Series) EXHIBIT A Sources Potentially Significant Impact, greater than identified in the LUCE EIR Significant Impact Adequately Addressed in the LUCE EIR Less Than Significant Impact, consistent with the LUCE EIR No Impact, consistent with the LUCE EIR CITY OF SAN LUIS OBISPO INITIAL STUDY ENVIRONMENTAL CHECKLIST 2018 74 served are unlikely as any new or reconstructed facility would be required to meet community design guidelines, and its location would need to meet the response time needs of the community. As of June 2018, the City is evaluating the possible construction of a new Police Department in the City. The LUCE EIR states that “the proposed LUCE Update would not result in substantial adverse physical impacts associated with the provision of new or altered facilities related to law enforcement services” (LUCE EIR, Section 4.13 Public Services). The LUCE EIR concluded that “buildout of the proposed Land Use Element Update would increase the demand for police protection services by increasing population and development in the city. This is a Class III, less than significant impact. The proposed LUCE Update would result in less than significant environmental impacts related to law enforcement services and no mitigation measures are required” (LUCE EIR, Section 4.13 Public Services Impact PS‐2). Proposed Zoning Regulations Update Analysis and Conclusions The proposed Zoning Regulations Update, by itself, does not propose or authorize any development. Future land uses that occur pursuant to the proposed Project would be evaluated by the City as part of the planning and development review process to determine the level of and demand for police protection services that would be generated by each project. Additionally, all new land uses would be required to conform to all applicable federal, state, and local regulations that address public safety, including the City Municipal Code and CBC. Therefore, the proposed Zoning Regulations Update would not result in substantial adverse impacts on police services. Impacts would be less than significant. Conclusion. The proposed Zoning Regulations Update would make revisions, additions, corrections and clarifications to various sections of the Zoning Regulations to ensure consistency and successful implementation of the LUCE. The proposed Zoning Regulations Update would not allow new development in areas where such development is prohibited under the LUCE. Therefore, there would be no new impacts that have not been previously examined or adequately addressed in LUCE EIR Section 4.13 Public Services. c) LUCE EIR Conclusion The LUCE EIR determined that providing new residential units would increase the population of the City, which would result in additional school‐age children attending the City’s public schools. New student generation rates for single‐ and multi‐family residential units are depicted on LUCE EIR Section 4.13 Public Services, Table 4.13‐3 Student Generation Rates. LUCE EIR Chapter 2, Project Description, Table 2.4‐3 Total Future Development Capacity within the Planning Subarea indicates that buildout of the LUE could result in the development of approximately 4,904 new dwelling units in the city, consisting of 2,420 single‐family dwellings and 2,484 multi‐family units. Projected new student generation that would result from buildout of the proposed LUE is provided on LUCE EIR Section 4.13 Public Services, Table 4.13‐4 Proposed Land Use Element Buildout Student Generation. Based on student generation rates provided by SLCUSD, the LUE would have the potential to generate approximately 911 additional students by the year 2035, which is anticipated to be the buildout year of the LUE. The additional students generated by buildout of the proposed LUE could result in over‐capacity conditions at certain schools located in the LUCE Planning Area. The additional students could result in the need for the expansion of existing schools and/or the installation of portable classrooms at existing school sites; however, it is unlikely that providing additional classrooms at existing school sites would result in significant environmental impacts. The LUCE EIR concluded that “buildout of the proposed Land Use Element Update would increase enrollment in public schools by increasing the population of the city. This is a Class III, less than significant impact” (LUCE EIR, Section 4.13 Public Services, Impact PS‐3). Proposed Zoning Regulations Update Analysis and Conclusions Consistent with the conclusions of the LUCE EIR, should new school facilities be required to accommodate additional student populations resulting from build-out of the LUCE pursuant to the proposed Zoning Regulations Update, short-term impacts associated with construction are generally reduced to a less than significant level with the implementation of site Ordinance No. 1650 (2018 Series) EXHIBIT A Sources Potentially Significant Impact, greater than identified in the LUCE EIR Significant Impact Adequately Addressed in the LUCE EIR Less Than Significant Impact, consistent with the LUCE EIR No Impact, consistent with the LUCE EIR CITY OF SAN LUIS OBISPO INITIAL STUDY ENVIRONMENTAL CHECKLIST 2018 75 design measures and compliance with applicable regulations. Site‐specific evaluations of any proposed new or expanded schools would be required, however, it is expected that potential physical impacts associated with the provision of new or altered school facilities needed to serve additional school‐age children residing in the additional 4,904 residential units that could be developed under the proposed LUE and Zoning Regulations Update would not be significant. In addition, Senate Bill 50 (Government Code Section 65970) implemented school impact fee reforms in 1998 by amending the laws governing developer fees and school mitigation. Pursuant to SB 50, future development projects would be required to pay school impact fees established to offset potential impacts on school facilities. Therefore, although implementation of the Zoning Regulations Update would result in additional students and could result in or contribute to over‐capacity at individual schools, payment of the fees mandated under SB 50 is the mitigation measure prescribed by the statute, and payment of the fees is deemed full and complete mitigation. The proposed Zoning Regulations Update, by itself, does not propose or authorize any development. Future land uses that occur pursuant to the proposed Zoning Regulations Update would be required to pay developer fees per SB50 to mitigate impacts on schools. Therefore, the proposed Project would not result in substantial adverse impacts on schools. Impacts would be less than significant. Conclusion. The proposed Zoning Regulations Update would make revisions, additions, corrections and clarifications to various sections of the Zoning Regulations to ensure consistency and successful implementation of the LUCE. The proposed Project would not allow new development in areas where such development is prohibited under the LUCE. Therefore, there would be no new impacts that have not been previously examined or adequately addressed in LUCE EIR Section 4.13 Public Services. d), e) The City Parks and Recreation Element and Master Plan includes a park standard that requires the City to develop and maintain 10 acres of parkland per 1,000 residents, with at least five of each 10 acres developed as neighborhood parks. The LUCE EIR determined that based on existing population and parks acreage conditions, the city needs an additional 303 acres of park land, of which 195 acres should be neighborhood parks, to meet its per capita parkland standard. LUCE EIR Conclusion The LUCE EIR determined that based on a potential buildout population of 58,626 and a total of 204 acres of parkland, the amount of per capita parkland in the city would be 3.44 acres per 1,000 residents, which is more per capita parkland than the existing 3.32 acres of parkland for each 1,000 residents currently provided. As such, implementation of the LUCE would result in a slightly improved parkland per capita ratio when compared to existing conditions. To achieve the City’s parkland standard of 10 acres per 1,000 residents under proposed LUCE buildout conditions, approximately 586 acres of parkland would be required in the city. The increase in per capita parkland proposed by the LUCE would incrementally improve the existing condition in which the City’s per capita parkland standard is not achieved. In addition, the increase in per capita parkland would minimize the potential for an adverse increase in the use of existing parks or other recreational facilities such that substantial physical deterioration of the existing facilities would occur or be accelerated. The LUCE EIR concluded that “buildout of the proposed LUCE Update would increase the population of the city and would facilitate the development of additional parkland. Buildout of the proposed LUCE Update would result in a small increase in total per capita parkland in the city when compared to existing conditions. Although the LUCE Update would not comply with the City’s per capita parkland standard, this would not result in a physical effect. Therefore the LUCE Update would result in a Class III, less than significant environmental impact related to the increased use of existing park and recreation facilities” (LUCE EIR Section 4.14 Recreation, Impact REC-1). Proposed Zoning Regulations Update Analysis and Conclusions The proposed Zoning Regulations Update, by itself, does not propose or authorize any development. Future land uses that occur pursuant to the proposed Zoning Regulations Update may be subject to the payment of park fees, if such fees are Ordinance No. 1650 (2018 Series) EXHIBIT A Sources Potentially Significant Impact, greater than identified in the LUCE EIR Significant Impact Adequately Addressed in the LUCE EIR Less Than Significant Impact, consistent with the LUCE EIR No Impact, consistent with the LUCE EIR CITY OF SAN LUIS OBISPO INITIAL STUDY ENVIRONMENTAL CHECKLIST 2018 76 adopted by the City. In addition, the Quimby Act (1975) gives cities and counties the authority, by ordinance, to require the dedication of land or payment of in‐lieu fees, or a combination of both, for park and recreation purposes as a condition of approval of a tract map or parcel map. The Quimby Act allows fees to be collected for up to five acres of parkland per 1,000 residents. The Orcutt Area and Margarita Area Specific Plans have associated parkland impact fees to ensure dedication and development of parkland occurs. However, development in other areas of the City is not subject to park fees other than through Quimby Act fees collected with subdivisions. Furthermore, as part of the planning and development review process, all new residential development projects would be evaluated on a case-by-case basis to determine the level of and demand for parks and common open space that would be generated by a specific project. Therefore, the proposed Zoning Regulations Update would not result in substantial adverse impacts on parks. Impacts would be less than significant. Conclusion. The proposed Zoning Regulations Update would make revisions, additions, corrections and clarifications to various sections of the Zoning Regulations to ensure consistency and successful implementation of the LUCE. The proposed Project would not allow new development in areas where such development is prohibited under the LUCE. Therefore, there would be no new impacts that have not been previously examined or adequately addressed in LUCE EIR Section 4.14 Recreation. 15. RECREATION. a) Would the project increase the use of existing neighborhood or regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? 1, 34 X b) Does the project include recreational facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment? 1, 34 X Evaluation There are 26 parks in the city, consisting of eight community parks, ten neighborhood parks, and eight mini-parks. There are also six joint use facilities, and several recreation centers and special facilities (e.g., Damon Garcia Sports Fields and the SLO Swim Center). There is currently approximately 151.65 acres of parkland in the city, of which 33.53 acres are neighborhood parks. In addition to developed parks, the City owns or manages over 6,970 acres of open space within and adjacent to San Luis Obispo, some of which provide trails that accommodate hiking and mountain biking. LUCE EIR Section 4.14 Recreation Tables 4.14‐1 Existing City of San Luis Obispo Parks and Recreation Facilities and 4.14‐2 Existing City of San Luis Obispo Special Facilities and Figure 4.14‐1 Parks Locations describe the type, location, and amenities provided by parks and special facilities in San Luis Obispo. a), b) LUCE EIR Conclusion The construction and use of park facilities adjacent to residential areas has the potential to result in significant environmental impacts related to issues such as traffic, noise, dust generation and emissions, night lighting and land use compatibility. Future development under the LUCE will be required to comply with local, State, and Federal laws and policies, and all applicable permitting requirements of the regulatory and oversight agencies intended to address potential impacts resulting from future development of parks facilities. Applicable LUE policies include 2.3.2 Separation and Buffering, which states that “the City shall seek to protect Residential areas from incompatible and detrimental non- residential activities and facilities” and Policy 12.9 Environmental Review. The LUCE EIR concluded that “buildout of the proposed Land Use Element would potentially provide up to 52.4 acres of new park facilities in the city. The construction and use of the proposed parks would have the potential to result in significant environmental impacts. This is considered a Class III impact, less than significant” (LUCE EIR, Section 4.14 Recreation, Impact REC‐2). Ordinance No. 1650 (2018 Series) EXHIBIT A Sources Potentially Significant Impact, greater than identified in the LUCE EIR Significant Impact Adequately Addressed in the LUCE EIR Less Than Significant Impact, consistent with the LUCE EIR No Impact, consistent with the LUCE EIR CITY OF SAN LUIS OBISPO INITIAL STUDY ENVIRONMENTAL CHECKLIST 2018 77 Proposed Zoning Regulations Update Analysis and Conclusions Consistent with the analysis and conclusions of the LUCE EIR, existing General Plan policies applicable to future park project design would substantially reduce the potential for park‐related environmental impacts as a result of development occurring pursuant to the proposed Zoning Regulations Update. In addition, subsequent CEQA review would identify project‐specific impacts and provide measures to reduce potential impacts to the extent possible. Furthermore, pending preparation of a Parks and Recreation Master Plan and General Plan Element Update (recently authorized by the City Council), most of the future parkland to be provided in the city would be constructed as part of the buildout of previously approved (Margarita and Orcutt) or proposed (San Luis Ranch, Avila Ranch, Madonna) Specific Plans, which would facilitate park planning and design opportunities to minimize environmental impacts and land use conflicts. Therefore, potential adverse physical effects on the environment resulting from future park development and use would be reduced to a less than significant level through the implementation of proposed policy and project‐specific CEQA requirements. The proposed Zoning Regulations Update, by itself, does not propose or authorize any development. Future land uses that occur pursuant to the proposed Zoning Regulations Update may be subject to the payment of park fees, if such fees are adopted by the City. Furthermore, as part of the planning and development review process, all new residential development projects would be evaluated on a case-by-case basis to determine the level of and demand for parks and common open space that would be generated by the project, in addition to potential impacts resulting from the development and operation of additional parkland. Therefore, the proposed Zoning Regulations Update would not result in substantial adverse impacts on parks. Impacts would be less than significant. Conclusion. The proposed Zoning Regulations Update would make revisions, additions, corrections and clarifications to various sections of the Zoning Regulations to ensure consistency and successful implementation of the LUCE. The proposed Project would not allow new development in areas where such development is prohibited under the LUCE. Therefore, there would be no new impacts that have not been previously examined or adequately addressed in LUCE EIR Section 4.14 Recreation. 16. TRANSPORTATION/TRAFFIC. Would the project: a) Conflict with an applicable plan, ordinance or policy establishing measures of effectiveness for the performance of the circulation system, taking into account all modes of transportation including mass transit and non-motorized travel and relevant components of the circulation system, including but not limited to intersections, streets, highways and freeways, pedestrian and bicycle paths, and mass transit? 1, 2, 3, 6, 35 X b) Conflict with an applicable congestion management program, including, but not limited to level of service standards and travel demand measures, or other standards established by the county congestion management agency for designated roads or highways? 1, 2, 3, 6, 35 X c) Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? 1, 2, 3, 6, 35 X d) Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g. farm equipment)? 1, 2, 3, 6, 35 X e) Result in inadequate emergency access? 1, 2, 3, 6, 35 X f) Conflict with adopted policies, plans, or programs regarding public transit, bicycle, or pedestrian facilities, or otherwise decrease the performance or safety of such facilities? 1, 2, 3, 6, 35 X Ordinance No. 1650 (2018 Series) EXHIBIT A Sources Potentially Significant Impact, greater than identified in the LUCE EIR Significant Impact Adequately Addressed in the LUCE EIR Less Than Significant Impact, consistent with the LUCE EIR No Impact, consistent with the LUCE EIR CITY OF SAN LUIS OBISPO INITIAL STUDY ENVIRONMENTAL CHECKLIST 2018 78 Evaluation The City is accessed primarily by roadways including US 101, State Route (SR) 1 and SR 227. Routes of regional significance providing access include Los Osos Valley Road, Foothill Road, Broad Street, O’Connor Way, Prefumo Canyon Road, South Higuera Street and Orcutt Road. The city is accessed by air via the San Luis Obispo County Regional Airport or by rail via Amtrak’s Pacific Surfliner and Coast Starlight routes. Additional modes of transportation include City bikepaths and bikelanes and SLO Transit (refer to LUCE EIR Section 4.15 Transportation and Circulation, Figure 4.15‐1 City of San Luis Obispo Roads, Airport and Rail, Figure 4.15‐2 City of San Luis Obispo Roads, Transit, and Figure 4.15‐3 City of San Luis Obispo Bicycle System). LUCE EIR Section 4.15 Transportation and Circulation, Table 4.15-2 Local Roadway LOS (Per ADT Threshold) shows the properties of local roadways and the baseline level of service (LOS) as determined by the transportation analysis conducted for the LUCE EIR. LUCE EIR Section 4.15 Transportation and Circulation also discusses neighborhood traffic management and roadway operations. a), b) LUCE EIR Conclusion Roadways and Intersections. Based on the LUCE EIR, future implementation of the LUCE would have the potential to result in significant impacts related to roadway and intersection operations. LUCE EIR Section 4.15 Transportation and Circulation, Table 4.15‐6 US‐101 Proposed Project AM Peak‐Hour LOS (Post Miles from South to North), Table 4.15-7 US‐101 Proposed Project PM Peak‐Hour LOS (Post Miles from South to North), and Table 4.15-8 Cumulative Local Roadway LOS (Using FDOT Procedures) show the potential changes to LOS. As documented in the LUCE EIR, the following eight roadway segments would experience significant impacts due to increases in volumes: Broad (S/South, South – Orcutt, Orcutt – Tank Farm Road and Buckley – South City Limit); Chorro (Foothill – Lincoln; Los Osos Valley Road (just west of the City Limits); and Prado (US 101 – Higuera and Higuera – Broad). As shown in LUCE EIR Section 4.15 Transportation and Circulation, Table 4.15-9 2035 Intersection LOS Summary – LOS E/F, a total of eleven intersections would operate at unacceptable conditions during the AM and/or PM peak hours, including: Grand and Slack; California and Taft; Grand and US 101 SB on‐ramp/Loomis; San Luis and California; Higuera & Tank Farm; Broad and High; Broad and Rockview; Broad and Capitolio; Johnson and Orcutt; Broad and Tank Farm; and Broad and Airport. The LUCE EIR concluded that “development and street network changes under the LUCE Update will cause roadways currently operating at LOS D or better to deteriorate to LOS E or F, in downtown San Luis Obispo, roadways operating at LOS E or better will deteriorate to LOS F, or will add additional traffic to roadways operating at LOS E (outside of downtown) or F (in downtown). Impact is considered to be Class I, significant and unavoidable” (LUCE EIR Section 4.15 Transportation and Circulation, Impact CIR‐1). Upon certification of the LUCE EIR and approval of the LUCE Update, the City adopted a Statement of Overriding Considerations for this significant and unavoidable impact. The LUCE EIR also concluded that “development and street network changes under the LUCE Update will cause intersections currently operating at LOS D or better to deteriorate to LOS E or F, in downtown San Luis Obispo, intersections operating at LOS E or better will deteriorate to LOS F, or will add additional traffic to intersections operating at LOS E (outside of downtown) or F (in downtown). Impact is considered to be Class I, significant and unavoidable” (LUCE EIR Section 4.15 Transportation and Circulation, Impact CIR‐2). Upon certification of the LUCE EIR and approval of the LUCE Update, the City adopted a Statement of Overriding Considerations for this significant and unavoidable impact. Proposed Zoning Regulations Update Analysis and Conclusions Implementation of development pursuant to the proposed Zoning Regulations Update, including proposed modifications to allowable density in the R-3 zone, future development within the Upper Monterey Downtown Overlay zone, and establishment of minimum dwelling units on multi-family residential (R-2, R-3, and R-4) and office zoned lots, would have the potential to result in significant impacts related to operations of City roadways and key intersections, as identified in the LUCE EIR. Future development shall be consistent with the Circulation Element, which includes multiple policies addressing issues including, but not limited to, congestion, multi-modal and alternative transportation, growth management and roadway expansions, peak hour and daily traffic, and transportation funding. The Circulation Element also includes Ordinance No. 1650 (2018 Series) EXHIBIT A Sources Potentially Significant Impact, greater than identified in the LUCE EIR Significant Impact Adequately Addressed in the LUCE EIR Less Than Significant Impact, consistent with the LUCE EIR No Impact, consistent with the LUCE EIR CITY OF SAN LUIS OBISPO INITIAL STUDY ENVIRONMENTAL CHECKLIST 2018 79 policies that support and encourage use of alternative modes, which would result in a shift in mode of travel, and reduction in the traffic volumes on city streets. While the potential addition of traffic related to City build-out pursuant the General Plan and Zoning Regulations would be considered significant, compliance with Circulation Element policies could reduce volumes; however, further reduction of volumes would be necessary to reduce impacts to less than significant levels (as stated in the LUCE EIR). Therefore, this impact remains significant and unavoidable, as determined in the LUCE EIR. LUCE EIR Conclusion Freeway Operations. Consistent with the determinations of the LUCE EIR, future implementation of the LUCE pursuant to the proposed Zoning Regulations Update has the potential to result in significant impacts on freeway facilities. The LUCE EIR concluded that “development under the LUCE Update will increase traffic on freeway facilities. Impact is considered to be Class I, significant and unavoidable” (LUCE EIR Section 4.15 Transportation and Circulation, Impact CIR‐3). Upon certification of the LUCE EIR and approval of the LUCE Update, the City adopted a Statement of Overriding Considerations for this significant and unavoidable impact. Proposed Zoning Regulations Update Analysis and Conclusions The LUCE EIR states that one segment north of Madonna Road (post mile 28.088) is projected to experience unstable flow conditions (LOS F) in northbound direction during the AM peak hour, and all other segments are projected to operate at LOS D or better during the AM peak hour in 2035. During the PM peak hour in the southbound direction, all US 101 segments (4.074 centerline miles of freeway) are projected to experience unstable flow conditions (LOS F). All segments in the northbound direction are projected to operate at LOS D. Despite compliance with LUCE policies and programs, freeway impacts would not be reduced to less than significant levels. Therefore, this impact is considered to be significant and unavoidable, consistent with the determination in the LUCE EIR. The proposed Zoning Regulations Update, by itself, does not propose or authorize any development. Implementation of the proposed amendments to the Zoning Regulations to allow a minimum number of dwelling units on multi-family zoned lots would result in an average increase in density of 0.53, 0.84, and 1.22 density units on R-2, R-3, and R-4 lots, respectively. This may reasonably translate into: one additional bedroom on R-2 lots; one additional bedroom on R-3 lots, and two additional bedrooms on R-4 lots. Implementation of the proposed amendment to the Zoning Regulations to allow a minimum number of dwelling units on office zoned lots would result in an average increase in density of 0.49 density unit. This may reasonably translate into one additional bedroom on O lots. The proposed changes to allowable density in the R-3 zone and proposed minimum dwelling unit standards in the R-2, R-3, R-4, and O zones would be consistent with the analysis and conclusions of the LUCE EIR, because: these changes are consistent with adopted LUCE maximum dwelling density for the Medium-High Density Residential land use designation (20 units per acre, as shown in LUE Table 4. Residential Population Assumptions), the changes would be consistent with the intention of the Medium, Medium-High and High Density Residential and Office land use designations to provide multi-family and other residential opportunities, development of housing projects pursuant to the proposed regulations would generate additional multi-modal traffic and result in similar impacts and conclusions as disclosed in the LUCE EIR, future development would be subject to performance and design standards established for these residential and office zones, future development would be subject to consistency with the Circulation Element, and potential build-out pursuant to the proposed Project remains subject to the one percent growth limitation. As development under the LUCE and Zoning Regulations Update is proposed, the City will be required to ensure consistency with the General Plan. While the Zoning Regulations Update does not include any regulations that are inconsistent with the Circulation Element, the anticipated traffic that would be generated upon build-out of the City pursuant to the LUCE and implementation of existing and proposed Zoning Regulations would result in the degradation of LOS, as identified in LUCE EIR Section 4.15 Transportation and Circulation. Compliance with Circulation Element policies and programs that contribute to reducing volumes along roadways would partially mitigate this significant impact. In addition, pursuant to CEQA, future new land uses that occur pursuant to the proposed Project would be subject to their own environmental review on a project-by-project basis to assess traffic impacts; however, consistent with the LUCE EIR, Ordinance No. 1650 (2018 Series) EXHIBIT A Sources Potentially Significant Impact, greater than identified in the LUCE EIR Significant Impact Adequately Addressed in the LUCE EIR Less Than Significant Impact, consistent with the LUCE EIR No Impact, consistent with the LUCE EIR CITY OF SAN LUIS OBISPO INITIAL STUDY ENVIRONMENTAL CHECKLIST 2018 80 the impact would remain significant and unavoidable. Therefore, the proposed Project would not result in a significant transportation impact not examined or adequately addressed in the LUCE EIR. Conclusion. The proposed Zoning Regulations Update would make revisions, additions, corrections and clarifications to various sections of the Zoning Regulations to ensure consistency and successful implementation of the LUCE. The proposed Zoning Regulations Update would not allow new development in areas where such development is prohibited under the LUCE. Therefore, the proposed Zoning Regulations Update would not result in a significant transportation and circulation impact not examined or adequately addressed in the LUCE EIR Section 4.15 Transportation and Circulation. c) Implementation of the General Plan and proposed Zoning Regulations Update would not result in any changes in air traffic patterns. Potential impacts due to increased traffic associated with the San Luis Obispo County Airport are discussed below (refer to the discussion under d). d) LUCE EIR Conclusion Roadways improved consistent with the Circulation Element would be designed in compliance with City Engineering Standards; however, implementation of future development pursuant to the LUCE has the potential to increase traffic volumes and speeds in neighborhoods. Compliance with Circulation Element policies including the following would address neighborhood traffic: 8.1.1 Through Traffic; 8.1.2 Residential Streets; 8.1.3 Neighborhood Traffic Speeds; 8.1.4 Neighborhood Traffic Management; 8.1.5 Neighborhood Traffic Management Guidelines; 8.1.6 Non‐Infill Development; and 8.1.7 New Project Evaluation. The LUCE EIR concluded that “development under the LUCE Update may increase traffic volumes or traffic speed in designated neighborhood traffic management areas. Impact is considered to be Class III, less than significant” (LUCE EIR, Section 4.16 Transportation and Circulation, Impact CIR-4). Implementation of the LUCE may encourage increased truck traffic on non‐designated truck routes. The Circulation Element includes the following policy to address increased truck traffic: 10.1.1 Truck Routes. The LUCE EIR concluded that “development under the LUCE Update may encourage increased heavy vehicle traffic on non‐designated truck routes. Impact is considered to be Class III, less than significant” (LUCE EIR, Section 4.16 Transportation and Circulation, Impact CIR‐5). The LUCE EIR states that implementation of the LUCE may lead to changes in traffic volumes of traffic patterns that result in deteriorated safety conditions. Future development will comply with Circulation Element policies including: 11.1.1 Interstate Air Service; 11.1.2 County Aircraft Operations; and 11.1.3 Public Transit Service. The LUCE EIR concludes that “development under the LUCE Update will cause increased activity at San Luis Obispo County Regional Airport that may lead to changes in traffic volumes or traffic patterns that result in deteriorated safety conditions. Impact is considered to be Class III, less than significant” (LUCE EIR Section 4.16 Transportation and Circulation, Impact CIR‐6). Proposed Zoning Regulations Update Analysis and Conclusions Future land uses that occur pursuant to the proposed Zoning Regulations Update would be required to conform to all applicable regulations performance standards and design standards that address safety, including those of the Zoning Regulations, as updated, the Circulation Element, and City Engineering Standards. Future development proposals would be reviewed on a case-by-case basis as they arise to determine if project layouts, driveway locations, land use types, or actual intensities would result in hazardous conditions. Therefore, the proposed Zoning Regulations Update would not substantially increase hazards due to a design feature. Impacts would be less than significant. Conclusion. The proposed Zoning Regulations Update, by itself, does not propose or authorize any development. The proposed Project would make revisions, additions, corrections and clarifications to various sections of the Zoning Regulations to ensure consistency and successful implementation of the LUCE. The proposed Project would not allow new development in areas where such development is prohibited under the LUCE. Therefore, there would be no new impacts that have not been previously examined or adequately addressed in the LUCE EIR Section 4.16 Transportation and Circulation. Ordinance No. 1650 (2018 Series) EXHIBIT A Sources Potentially Significant Impact, greater than identified in the LUCE EIR Significant Impact Adequately Addressed in the LUCE EIR Less Than Significant Impact, consistent with the LUCE EIR No Impact, consistent with the LUCE EIR CITY OF SAN LUIS OBISPO INITIAL STUDY ENVIRONMENTAL CHECKLIST 2018 81 e) Emergency access requirements are established in the Fire Code and are reviewed and approved by the City Fire Marshal. The proposed Zoning Regulations Update, by itself, does not propose or authorize any development. Future land uses that occur pursuant to the proposed Project would be required to conform to all applicable regulations that address emergency access, including Fire Code requirements. Future development proposals would be reviewed on a case-by-case basis by the City Fire Department as they arise to determine if adequate emergency access is provided. Therefore, the proposed Zoning Regulations Update would not result in inadequate emergency access. Impacts would be less than significant. Refer to Initial Study Section 8 Hazards and Hazardous Materials for additional discussion regarding emergency access. f) The Circulation Element provides policies that encourage the use of active transportation modes within the City, including: 4.1.1 Bicycle Use; 4.1.2 Campus and School Site Trips; 4.1.3 Continuous Network; 4.1.4 New Development; 4.1.5 Bikeway Design and Maintenance; 4.1.6 Bikeway Development with Road Improvements; 4.1.7 Education and Safety; 4.1.8 Bicycle Transportation Coordinator; 4.1.9 Traffic Law Compliance; 4.1.10 Right‐of‐way Acquisition; 4.1.11 Bicycle Transportation Plan Implementation; 4.1.12 Bike Parking; 5.1.1 Promote Walking; 5.1.2 Sidewalks and Paths; 5.0.3 New Development 5.1.4 Pedestrian Access; 5.1.5 Pedestrian Crossings; 5.1.6 Downtown Commercial Core; and 5.1.7 Sidewalks. LUCE EIR Conclusion The LUCE EIR concluded that “development and street network changes and adoption of the policies and programs under the LUCE Update would not conflict with adopted policies that are supportive of increased active transportation. Impact is considered to be Class III, less than significant” (LUCE EIR Section 4.15, Transportation and Circulation Impact CIR-7). The LUCE EIR also concluded that “development and adoption of the policies and programs under the LUCE Update would not conflict with adopted policies that are supportive of increased transit ridership and provision of services. Impact is considered to be Class III, less than significant” (LUCE EIR Section 4.15, Transportation and Circulation Impact CIR-8). Proposed Zoning Regulations Update Analysis and Conclusions Adoption of the Zoning Regulations Update will not impose new barriers on bicycle and pedestrian traffic or use of transit within the City, nor will in conflict with existing policies that are supportive of these alternative modes of transportation as identified in the Circulation Element. The proposed Zoning Regulations Update implements the goals and policies of the LUCE, including updating parking requirements to “encourage bicycling, transit use, walking, carpooling, and other modes of transportation (other than motor vehicle) that can move the City toward achieving modal split goals in the General Plan Circulation Element” (proposed Zoning Regulations, Article 3). The proposed Project clarifies standards addressing short- term and long-term bicycle parking and storage, simplifies parking requirements consistent with trip demands (revised Table 9), and requires showers, lockers, and changing rooms in non-residential projects over 20,000 square feet. Future land uses that occur pursuant to the proposed Zoning Regulations Update would be required to conform to all applicable regulations performance standards and design standards, including those of the Zoning Regulations, as updated, the Circulation Element, and City Engineering Standards. Therefore, impacts would be less than significant. Conclusion. The proposed Zoning Regulations Update would not allow new development in areas where such development is prohibited under the LUCE. Pursuant to CEQA, future new land uses that occur pursuant to the proposed Zoning Regulations Update would be subject to their own environmental review on a project-by-project basis to assess consistency with the Circulation Element. Therefore, the proposed Zoning Regulations Update would not result in a significant impact not examined or adequately addressed in LUCE EIR Section 4.15 Transportation and Circulation. 17. TRIBAL CULTURAL RESOURCES. Would the project cause a substantial adverse change in the significance of a tribal cultural resource, defined in Public Resources Code Section 21074 as either a site, feature, place, cultural landscape that is geographically defined in terms of the size and scope of the landscape, sacred place, or object with cultural value to a California Native American tribe, and that is: Ordinance No. 1650 (2018 Series) EXHIBIT A Sources Potentially Significant Impact, greater than identified in the LUCE EIR Significant Impact Adequately Addressed in the LUCE EIR Less Than Significant Impact, consistent with the LUCE EIR No Impact, consistent with the LUCE EIR CITY OF SAN LUIS OBISPO INITIAL STUDY ENVIRONMENTAL CHECKLIST 2018 82 a) Listed or eligible for listing in the California Register of Historical Resources, or in a local register as defined in Public Resources Section 5020.1(k)? 1, 9, 10, 11, 12 X b) A resource determined by the lead agency, in its discretion and supported by substantial evidence, to be significant pursuant to criteria set forth in subdivision (c) of Public Resources Code Section 5024.1? In applying the criteria set forth in subdivision (c) of Public Resources Code Section 5024.1, the lead agency shall consider the significance of the resource to a California Native American tribe. 1, 12 X Evaluation On April 26, 2018, local Native American tribal groups were formally noticed that an Initial Study of Environmental Impact was being completed for the proposed Zoning Regulations Update and invited to provide consultation on the proposed project. No tribal representatives requested a formal consultation; however, two representatives discussed the proposed Zoning Regulations with City Staff and one requested additional policy language to be included in the Zoning Regulation Update. No specific tribal cultural resources were identified by the tribal representatives. a) The City contains multiple resources that are listed or eligible for listing in the California Register of Historical Resources, and/or in the City’s list of historical resources. Development facilitated by the LUCE and Zoning Regulations Update could adversely affect identified and previously unidentified historical and archaeological resources. However, adherence to existing Federal, State and City policies and programs, will address these impacts by requiring the study of site-specific resources, identification of significant resources present within a given project site, requirements to avoid significant resources and requirements to mitigate any impacts to these resources through project design, tribal consultation, monitoring and Native American consultation. As such, impacts are considered less than significant. The proposed Zoning Regulations Update, by itself, does not propose or authorize any development. Future land use that occur pursuant to the proposed Project would be required to conform to federal, State, and local guidelines and requirements that address historical, archaeological, and tribal cultural resources. Pursuant to CEQA, future new land uses that occur pursuant to the proposed Zoning Regulations Update would be subject to their own environmental review and associated tribal consultations on a project-by-project basis to assess potential impacts. Therefore, impacts would be less than significant. Conclusion. The proposed Project would make revisions, additions, corrections and clarifications to various sections of the Zoning Regulations to ensure consistency and successful implementation of the LUCE. The proposed Zoning Regulations Update would not allow new development in areas where such development is prohibited under the LUCE. Future development that occurs pursuant to the proposed Project would be required to conform to all applicable regulations of the Zoning Regulations, as updated, the LUCE and COSE, the Historic Preservation Ordinance, Historic Preservation Program Guidelines, and Archaeological Resource Preservation Program Guidelines, which address historical and archaeological resources. In addition, pursuant to State CEQA Guidelines Section 21080.3.1, the City will continue to conduct tribal consultations on all projects are required by CEQA. Therefore, there would be no new impacts that have not been previously examined or adequately addressed in LUCE EIR Section 4.5, Cultural Resources. b) Based on the unique nature of the proposed Project, which does not by itself propose or authorize any development, consultation with tribal representatives resulted in the following recommendation by a tribal representative: Request to modify Zoning Regulations language specific to the S zone as follows (additional language is underlined): The S zone has two purposes: A. In combination with any zone, to require approval of an administrative use permit before any use may be established. The use permit requirement is intended to assure compatibility of the use with its surroundings or conformance with the general plan, or to determine if a proposed development solves problems such as noise exposure, flood hazard, airport hazard, or slope instability which are particularly severe on a given site. Such development review may also be used to protect areas of scenic, or ecological sensitivity, historic resources, indigenous cultural resources, Ordinance No. 1650 (2018 Series) EXHIBIT A Sources Potentially Significant Impact, greater than identified in the LUCE EIR Significant Impact Adequately Addressed in the LUCE EIR Less Than Significant Impact, consistent with the LUCE EIR No Impact, consistent with the LUCE EIR CITY OF SAN LUIS OBISPO INITIAL STUDY ENVIRONMENTAL CHECKLIST 2018 83 wildlife habitat, or wildland fire hazard”. The tribal representative also requested expanded creek setbacks (from 20 to 50 feet) throughout the City, as these places can contain cultural resources, and the change would help protect culturally important and sensitive places well before any construction activity has begun. The City does not recommend expanding the creek setback to 50 feet in all locations of the City, as this may present an infeasible limitation on development within the urban core of the City. In addition, the City’s Archaeological Resource Preservation Program Guidelines defines areas within 200 feet of identified creeks as sensitive, and thus requires a Phase I Archaeological Investigation including a records search and field survey. Therefore, it is City Staff’s recommendation to retain the 20-foot setback where indicated in the Zoning Regulations and maintain compliance with the City’s adopted Archaeological Resource Preservation Program Guidelines. The proposed Zoning Regulations Update, by itself, does not propose or authorize any development. Future land use that occur pursuant to the proposed Project would be required to conform to federal, State, and local guidelines and requirements that address tribal cultural resources. Pursuant to CEQA, future new land uses that occur pursuant to the proposed Zoning Regulations Update would be subject to their own environmental review and associated tribal consultations on a project-by-project basis to assess potential impacts. In addition, the language identified by the tribal representative has been incorporated into the proposed Zoning Regulations Update. Therefore, impacts would be less than significant. Conclusion. The proposed Project would make revisions, additions, corrections and clarifications to various sections of the Zoning Regulations to ensure consistency and successful implementation of the LUCE. The proposed Zoning Regulations Update would not allow new development in areas where such development is prohibited under the LUCE. The language identified by the tribal representative regarding the S Overlay has been incorporated into the proposed Zoning Regulations Update. In addition, future development would be subject to tribal consultation, when required by CEQA. Therefore, no significant impacts to tribal cultural resources would occur as a result of the proposed Project. 18. UTILITIES AND SERVICE SYSTEMS. Would the project: a) Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? 1, 2, 3, 4, 6, 26, 27, 28, 35, 36, 37 X b) Require or result in the construction or expansion of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? 1, 2, 3, 4, 6, 26, 27, 28, 35, 36, 37 X c) Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? 1, 2, 3, 4, 6, 26, 27, 28, 35, 36, 37 X d) Have sufficient water supplies available to serve the project from existing entitlements and resources, or are new and expanded entitlements needed? 1, 2, 3, 4, 6, 36, 37 X e) Result in a determination by the wastewater treatment provider which serves or may serve the project that it has adequate capacity to serve the project’s projected demand in addition to the provider’s existing commitments? 1, 2, 36, 37 X f) Be served by a landfill with sufficient permitted capacity to accommodate the project’s solid waste disposal needs? 1, 2 X Ordinance No. 1650 (2018 Series) EXHIBIT A Sources Potentially Significant Impact, greater than identified in the LUCE EIR Significant Impact Adequately Addressed in the LUCE EIR Less Than Significant Impact, consistent with the LUCE EIR No Impact, consistent with the LUCE EIR CITY OF SAN LUIS OBISPO INITIAL STUDY ENVIRONMENTAL CHECKLIST 2018 84 g) Comply with federal, state, and local statutes and regulations related to solid waste? 1, 2 X Evaluation Water. As discussed in the City’s LUCE Update EIR, the City of San Luis Obispo Utilities Department provides potable and recycled water to the community and is responsible for water supply, treatment, distribution, and resource planning. The City is the sole water provider within the city limits and most of the City’s water is supplied from multiple surface water sources. However, the City also uses groundwater to supplement surface water supplies and recycled water is used to supplement irrigation demand. With the update of the City’s Water and Wastewater Element in 2018, the City Council reaffirmed the policy for a multi‐source water supply. Consistent with the multi‐source water supply concept, the City obtains water from five sources:  Salinas Reservoir (Santa Margarita Lake) and Whale Rock Reservoir: Combined Safe Annual Yield 4,910 AF/year  Nacimiento Reservoir: 5,482 AF/year dependable yield/ contractual limit  Recycled water from the City’s Water Resource Recovery Facility (WRRF): 238 AF/year Wastewater: The wastewater system for the City includes facilities for wastewater collection and treatment. The City’s collection system serves residential, commercial, and industrial customers. Sewer service is provided only to properties within the city limits, with the exception of a few residential properties located just outside of the city limits, Cal Poly San Luis Obispo, and the County of San Luis Obispo Airport. There are approximately 12,000 service connections. The City’s Water Resource Recovery Facility (WRRF) processes wastewater in accordance with the standards set by the State’s RWQCB. The WRRF removes solids, reduces the amount of nutrients, and eliminates bacteria in the treated wastewater, which is then discharged to San Luis Obispo Creek. The WRRF is designed for an average dry weather flow capacity of 5.4 million gallons per day (MGD) and a peak wet weather flow capacity of 19 MGD. In 2017, annual average flows to the WRRF were approximately 3.30 MGD. Solid Waste: The City’s Utilities Department is responsible for administering an exclusive franchise agreement with San Luis Garbage Company to collect and dispose solid waste generated by residential, commercial, and industrial customers in San Luis Obispo. This agreement also includes curbside recycling, and green waste service. There are three solid waste disposal facilities within San Luis Obispo County. Most solid waste collected in the city is disposed of at the Cold Canyon Landfill. Cold Canyon Landfill is currently (2016) permitted to receive up to 1,650 tons of solid waste per day, with an estimated remaining capacity of 14,500,000 cubic yards (60.1 percent remaining capacity). In 2015, the Cold Canyon Landfill operator estimated the landfill is expected to reach capacity in 2040. a), e) LUCE EIR Conclusion Potential future wastewater flows resulting from land use changes implemented under the LUE are shown on LUCE EIR Section 4.16 Utilities and Service Systems, Table 4.16‐7 Proposed Land Use Element Development Wastewater Generation. Buildout of the LUE would result in wastewater flows of approximately 0.97 MGD, which when added to existing wastewater flows would result in LUE buildout wastewater flows of approximately 5.36 MGD. Future wastewater flows that could result from the buildout of the proposed LUE would exceed the existing WRRF treatment capacity by approximately 0.26 MGD. The LUCE EIR concluded that “new development that could occur as a result of the LUCE Update would generate wastewater flows that exceed the existing capacity of the City’s Water Resource Recovery Facility. This is a Class III, less than significant impact” (LUCE EIR, Section 4.16 Utilities and Service Systems, Impact USS-2). Proposed Zoning Regulations Update Analysis and Conclusions In 2018, the City approved a proposed upgrade to the WRRF, including certification of an EIR for the Water Resource Ordinance No. 1650 (2018 Series) EXHIBIT A Sources Potentially Significant Impact, greater than identified in the LUCE EIR Significant Impact Adequately Addressed in the LUCE EIR Less Than Significant Impact, consistent with the LUCE EIR No Impact, consistent with the LUCE EIR CITY OF SAN LUIS OBISPO INITIAL STUDY ENVIRONMENTAL CHECKLIST 2018 85 Recovery Facility Project. The WRRF project entails upgrading the City’s wastewater treatment facility to comply with updated discharge requirements outlined in the National Pollutant Discharge Elimination System (NPDES) permit adopted by the Regional Water Quality Control Board (RWQCB) and State Water Resources Control Board (SWRCB) in September 2014. The NPDES permit went into effect December 1, 2014, and compliance is required by November 30, 2019. At the same time, the WRRF would be upgraded to provide a nominal increase in average dry weather flow (ADWF) capacity to serve the needs of the City, as projected in the LUE. In addition, the 2018 Water and Wastewater Element includes extensive policies and programs intended to minimize and mitigate for potential impacts related to wastewater collection and treatment for buildout of the LUE. In compliance with the 2018 Water and Wastewater Element, development identified by the LUE could not occur unless it was demonstrated that adequate treatment capacity at the WRRF existed prior to approval of future development projects. Therefore, implementation of the future development pursuant to the LUE would not result in new development and associated increases in wastewater flows that would exceed the capacity of the WRRF. Future development projects pursuant to the proposed Zoning Regulations Update would be required to demonstrate that adequate treatment capacity exists prior to the approval of those projects. Implementation of the approved WRRF expansion and existing Water and Wastewater Element policies would reduce potential wastewater treatment impacts resulting from implementation of the LUCE pursuant to the proposed Zoning Regulations Update to a less than significant level. The proposed Zoning Regulations Update, by itself, does not propose or authorize any development. Implementation of the proposed amendments to the Zoning Regulations to allow a minimum number of dwelling units on multi-family zoned lots would result in an average increase in density of 0.53, 0.84, and 1.22 density units on R-2, R-3, and R-4 lots, respectively. This may reasonably translate into: one additional bedroom on R-2 lots; one additional bedroom on R-3 lots, and two additional bedrooms on R-4 lots. Implementation of the proposed amendment to the Zoning Regulations to allow a minimum number of dwelling units on office zoned lots would result in an average increase in density of 0.49 density unit. This may reasonably translate into one additional bedroom on O lots. The proposed changes to allowable density in the R-3 zone and proposed minimum dwelling unit standards in the R-2, R-3, R-4, and O zones would be consistent with the analysis and conclusions of the LUCE EIR, because: these changes are consistent with adopted LUCE maximum dwelling density for the Medium-High Density Residential land use designation (20 units per acre, as shown in LUE Table 4. Residential Population Assumptions), the changes would be consistent with the intention of the Medium, Medium-High and High Density Residential, and Office land use designations to provide multi-family and other residential opportunities, development of housing projects pursuant to the proposed regulations would result in similar impacts and conclusions as disclosed in the LUCE EIR, future development would be subject to performance and design standards established for these residential and office zones, and potential build-out pursuant to the proposed Project remains subject to the one percent growth limitation. Future land uses that occur pursuant to the proposed Project would be required to conform to all applicable regulations that address wastewater collection and treatment, including those set forth in the City’s General Plan and state and federal water quality regulations. Additionally, future development proposals would be reviewed on a case-by-case basis as they arise to confirm available capacity at the WRRF, consistent with the General Plan. Therefore, the proposed Zoning Regulations Update would not require or result in new wastewater facilities, and impacts would be less than significant. Conclusion. The proposed Zoning Regulations Update would make revisions, additions, corrections and clarifications to various sections of the Zoning Regulations to ensure consistency and successful implementation of the LUCE. The proposed Zoning Regulations Update would not allow new development in areas where such development is prohibited under the LUCE. Therefore, the proposed Zoning Regulations Update would not result in a significant wastewater impact not examined or adequately addressed in the LUCE EIR (LUCE Section 4.16 Utilities and Service Systems). b) LUCE EIR Conclusion As documented in LUCE EIR Section 4.16 Utilities and Service Systems, parts of the city’s water distribution and wastewater collection systems are approaching or are past their estimated lifespan. In addition, new development proposed by the LUE could require the installation of new or upgraded water transmission and distribution mains, and the installation Ordinance No. 1650 (2018 Series) EXHIBIT A Sources Potentially Significant Impact, greater than identified in the LUCE EIR Significant Impact Adequately Addressed in the LUCE EIR Less Than Significant Impact, consistent with the LUCE EIR No Impact, consistent with the LUCE EIR CITY OF SAN LUIS OBISPO INITIAL STUDY ENVIRONMENTAL CHECKLIST 2018 86 of new water tanks. The City’s Water Master Plan identifies needed improvements to the water distribution system, including water tanks that are undersized. Wastewater collection to serve new development may also require the installation of new or upgraded gravity sewer lines, force mains and pump stations. The Infrastructure Renewal Strategy identifies capacity issues for the wastewater collection system and a prioritized list of replacements. Environmental impacts that may result from the construction of new or upgraded infrastructure pipelines, water tanks, lift stations and other facilities generally include the potential for short‐term impacts such as construction‐related increases in noise and air emissions, temporary roadway lane closures and other circulation‐related impacts, water quality impacts from increased erosion or an accidental release of construction materials. Impacts to sensitive biologic or cultural resources may also result if resources are present within or adjacent to proposed construction corridors. The construction of above‐ground facilities, such as water tanks, may have the potential to result in long‐term aesthetic impacts. Short‐term construction impacts that may be result from infrastructure improvement projects are usually minimized by standard construction site and operation measures such as: designing projects to avoid or minimize construction activities in or adjacent to sensitive areas; implementing appropriate resource protection/restoration measures; implementing standard safety precautions; conducting construction activities in a manner that minimizes equipment use and other construction activities within and adjacent to construction corridors; and compliance with applicable regulatory requirements and City policies. For example, LUE Policy 12.9 Environmental Review requires project-specific reviews to identify potential on‐ and off‐site environmental impacts that may result from future infrastructure improvements. The LUCE EIR concluded that “new development that could be facilitated by the LUCE Update would require the construction of new water and wastewater infrastructure or the replacement of existing infrastructure. The construction or replacement of infrastructure has the potential to result in significant environmental effects. This is a Class III, less than significant impact” (LUCE EIR Section 4.16 Utilities and Service Systems, Impact USS-3). Proposed Zoning Regulations Update Analysis and Conclusions With adherence to existing policy and development review requirements, potential infrastructure construction impacts associated with the proposed Zoning Regulations Update would be less than significant. Implementation of the LUCE pursuant to the proposed Zoning Regulations would reduce potential infrastructure construction impacts to a less than significant level. Subsequent development projects would be required to demonstrate compliance with the applicable policies and regulatory requirements, and if required, may be subject to the implementation of additional mitigation measures. The proposed Zoning Regulations Update, by itself, does not propose or authorize any development. Implementation of the proposed amendments to the Zoning Regulations to allow a minimum number of dwelling units on multi-family zoned lots would result in an average increase in density of 0.53, 0.84, and 1.22 density units on R-2, R-3, and R-4 lots, respectively. This may reasonably translate into: one additional bedroom on R-2 lots; one additional bedroom on R-3 lots, and two additional bedrooms on R-4 lots. Implementation of the proposed amendment to the Zoning Regulations to allow a minimum number of dwelling units on office zoned lots would result in an average increase in density of 0.49 density unit. This may reasonably translate into one additional bedroom on O lots. The proposed changes to allowable density in the R-3 zone and proposed minimum dwelling unit standards in the R-2, R-3, R-4, and O zones would be consistent with the analysis and conclusions of the LUCE EIR, because: these changes are consistent with adopted LUCE maximum dwelling density for the Medium-High Density Residential land use designation (20 units per acre, as shown in LUE Table 4. Residential Population Assumptions), the changes would be consistent with the intention of the Medium, Medium-High and High Density Residential, and Office land use designations to provide multi-family and other residential opportunities, development of housing projects pursuant to the proposed regulations would result in similar impacts and conclusions as disclosed in the LUCE EIR, future development would be subject to performance and design standards established for these residential and office zones, and potential build-out pursuant to the proposed Project remains subject to the one percent growth limitation. Ordinance No. 1650 (2018 Series) EXHIBIT A Sources Potentially Significant Impact, greater than identified in the LUCE EIR Significant Impact Adequately Addressed in the LUCE EIR Less Than Significant Impact, consistent with the LUCE EIR No Impact, consistent with the LUCE EIR CITY OF SAN LUIS OBISPO INITIAL STUDY ENVIRONMENTAL CHECKLIST 2018 87 Future land uses that occur pursuant to the proposed Project would be required to conform to all applicable regulations that address water and wastewater infrastructure. Additionally, future development proposals would be reviewed on a case-by- case basis as they arise to confirm sufficient infrastructure. Therefore, the proposed Zoning Regulations Update would not require or result in new or expanded water or wastewater infrastructure, and impacts would be less than significant. Conclusion. The proposed Zoning Regulations Update would make revisions, additions, corrections and clarifications to various sections of the Zoning Regulations to ensure consistency and successful implementation of the LUCE. The proposed Zoning Regulations Update would not allow new development in areas where such development is prohibited under the LUCE. Therefore, the proposed Zoning Regulations Update would not result in a significant infrastructure impact not examined or adequately addressed in LUCE EIR Section 4.16 Utilities and Service Systems. c) LUCE EIR Conclusion and Proposed Zoning Regulations Update Analysis and Conclusion As documented in the LUCE EIR, development pursuant to the LUCE could cause an increase in the amount of impervious surfaces within the city which may increase the volume of surface runoff into City stormwater systems. Future development and redevelopment projects within the City are required to comply with the Central Coast Regional Water Quality Control Board Post Construction Requirements. As discussed in more detail in Initial Study Section 9 Hydrology and Water Quality, based on compliance with the terms of the City’s SWMP, impacts would be less than significant. Similar to the construction of water and wastewater infrastructure (see discussion in Section 4.16 Utilities and Service Systems, section b), potential short-term construction impacts can be minimized to less than significant. The proposed Zoning Regulations Update, by itself, does not propose or authorize any development. Future land uses that occur pursuant to the proposed Project would be required to conform to all applicable regulations that address drainage and stormwater infrastructure. Additionally, future development proposals would be reviewed on a case-by-case basis as they arise to confirm sufficient infrastructure. Therefore, the proposed Zoning Regulations Update would not require or result in new or expanded drainage or stormwater infrastructure, and impacts would be less than significant. Conclusion. The proposed Zoning Regulations Update would make revisions, additions, corrections and clarifications to various sections of the Zoning Regulations to ensure consistency and successful implementation of the LUCE. The proposed Zoning Regulations Update would not allow new development in areas where such development is prohibited under the LUCE. Therefore, the proposed Zoning Regulations Update would not result in a significant infrastructure impact not examined or adequately addressed in LUCE EIR Section 4.16 Utilities and Service Systems and LUCE EIR Section 4.9 Hydrology and Water Quality. d) LUCE EIR Conclusion The LUCE EIR states that buildout of the proposed LUE could result in approximately 4,904 additional residential units in the City, potentially resulting in approximately 25,601 dwelling units located in the City by 2035. Using a dwelling unit occupancy rate of 2.29 persons per dwelling unit, buildout of the LUE could support a General Plan buildout population of approximately 58,626. As documented in the LUCE EIR, the primary water supply required for estimated buildout demand resulting from the LUE would be 7,815 AF/year (LUCE EIR Section 4.16 Utilities and Service Systems). LUCE EIR Section 4.16 Utilities and Service Systems, Table 4.16‐5 Proposed Land Use Element Buildout Water Supply summarizes water supply and demand conditions associated with the buildout of the LUCE. Future water supply estimates have been updated based on the recent adoption of the 2018 Water and Wastewater General Plan Element. As noted above, the City obtains water from five sources, totaling 10,630 AF/year, which is greater than the identified demand for build-out. The LUCE EIR concluded that “new development that could occur as a result of the proposed LUCE Update would increase existing water demand. This is a Class III, less than significant impact” (LUCE EIR, Section 4.16 Utilities and Service Systems, Impact USS-1). Proposed Zoning Regulations Update Analysis and Conclusions Adherence to the existing City’s Water and Wastewater Element and the 2010 Urban Water Management Plan will ensure Ordinance No. 1650 (2018 Series) EXHIBIT A Sources Potentially Significant Impact, greater than identified in the LUCE EIR Significant Impact Adequately Addressed in the LUCE EIR Less Than Significant Impact, consistent with the LUCE EIR No Impact, consistent with the LUCE EIR CITY OF SAN LUIS OBISPO INITIAL STUDY ENVIRONMENTAL CHECKLIST 2018 88 that impacts related to water demand for new development construction and operated pursuant to the proposed Zoning Regulations Update would remain less than significant. Individual development will be required to undergo separate environmental review, which may include preparation of a Water Supply Assessment and other impact analysis, which may result in requirements for project specific mitigation. The proposed Zoning Regulations Update, by itself, does not propose or authorize any development. Implementation of the proposed amendments to the Zoning Regulations to allow a minimum number of dwelling units on multi-family zoned lots would result in an average increase in density of 0.53, 0.84, and 1.22 density units on R-2, R-3, and R-4 lots, respectively. This may reasonably translate into: one additional bedroom on R-2 lots; one additional bedroom on R-3 lots, and two additional bedrooms on R-4 lots. Implementation of the proposed amendment to the Zoning Regulations to allow a minimum number of dwelling units on office zoned lots would result in an average increase in density of 0.49 density unit. This may reasonably translate into one additional bedroom on O lots. The proposed changes to allowable density in the R-3 zone and proposed minimum dwelling unit standards in the R-2, R-3, R-4, and O zones would be consistent with the analysis and conclusions of the LUCE EIR, because: these changes are consistent with adopted LUCE maximum dwelling density for the Medium-High Density Residential land use designation (20 units per acre, as shown in LUE Table 4. Residential Population Assumptions), the changes would be consistent with the intention of the Medium, Medium-High and High Density Residential, and Office land use designations to provide multi-family and other residential opportunities, development of housing projects pursuant to the proposed regulations would result in similar impacts and conclusions as disclosed in the LUCE EIR, future development would be subject to performance, design, landscaping, and water conservation standards established for these residential and office zones, and potential build-out pursuant to the proposed Project remains subject to the one percent growth limitation. Future land uses that occur pursuant to the proposed Project would be required to conform to all applicable regulations that address water use and water conservation, including those set forth in the City’s General Plan, CBC, and CALGreen, and drought-related water conservation laws. Additionally, future development proposals would be reviewed on a case-by-case basis as they arise to confirm available water supply and sufficient infrastructure. Therefore, the proposed Zoning Regulations Update would not require or result in new or expanded water entitlements, and impacts would be less than significant. Conclusion. The proposed Zoning Regulations Update would make revisions, additions, corrections and clarifications to various sections of the Zoning Regulations to ensure consistency and successful implementation of the LUCE. The proposed Zoning Regulations Update would not allow new development in areas where such development is prohibited under the LUCE. Therefore, the proposed Zoning Regulations Update would not result in a significant water supply impact not examined or adequately addressed in LUCE Section 4.16 Utilities and Service Systems. f), g) The Integrated Waste Management Act of 1989 (AB 939) requires each city and county in California to reduce the flow of materials to landfills by 50% (from 1989 levels) by 2000. The proposed project is required to reduce the waste stream generated by development consistent with the City’s Conservation and Open Space Element policies to coordinate waste reduction and recycling efforts (COSE 5.5.3), and Development Standards for Solid Waste Services (available at http://www.slocity.org/home/showdocument?id=4384). A solid waste reduction plan for recycling discarded construction materials is a submittal requirement with the building permit application. LUCE EIR Conclusion The LUCE EIR determined that potentially significant solid waste disposal impacts that could result from inadequate disposal capacity would be minimized by LUE Policy 1.13.10 Solid Waste Capacity, which requires that adequate solid waste disposal capacity be available to serve new development. The policy states: “In addition to other requirements for adequate resources and services prior to development, the City must shall determine require that adequate solid waste disposal capacity will be available exists before granting any discretionary land use approval which would increase solid waste generation. San Luis Obispo City and County are focusing on waste diversion and recycling efforts to minimize future waste disposal impacts. For example, new development projects are required to minimize short‐term waste disposal Ordinance No. 1650 (2018 Series) EXHIBIT A Sources Potentially Significant Impact, greater than identified in the LUCE EIR Significant Impact Adequately Addressed in the LUCE EIR Less Than Significant Impact, consistent with the LUCE EIR No Impact, consistent with the LUCE EIR CITY OF SAN LUIS OBISPO INITIAL STUDY ENVIRONMENTAL CHECKLIST 2018 89 impacts by recycling construction and demolition waste. Long‐term waste disposal impacts are minimized by including facilities for the collection and storage of recyclables in new development projects. These efforts will enhance the ability of the City to achieve a 75 percent diversion rate by the year 2020 and to ultimately be as close to zero waste as possible”. The LUCE EIR concludes that “new development that could be facilitated by the LUCE Update would increase the demand for solid waste disposal at county landfills. Potential new development would also comply with applicable regulations related to the management of solid waste. As such, solid waste disposal impacts of the LUCE Update are Class III, less than significant impact” (LUCE EIR Section 4.16, Utilities and Service Systems Impact USS-4). Proposed Zoning Regulations Update Analysis and Conclusions With adherence to the policy requirements identified above, potential solid waste disposal impacts would be less than significant and new development facilitated by the proposed Zoning Regulations Update would not interfere with the City’s ability to comply with regulations related to solid waste management or increased solid waste diversion rates. Therefore, compliance with the LUE would reduce potential solid waste disposal and diversion impacts to a less than significant level. Subsequent development projects would be required to demonstrate compliance with the applicable policies and regulatory requirements, and if required, may be subject to the implementation of additional mitigation measures. The proposed Zoning Regulations Update, by itself, does not propose or authorize any development. Future land uses that occur pursuant to the proposed Project would be required to conform to all applicable regulations that address waste storage and disposal, including those set forth in the City’s General Plan. Therefore, the development that would occur under the proposed Zoning Regulations Update would be served by landfills with adequate capacity, and impacts would be less than significant. Conclusion. The proposed Zoning Regulations Update would make revisions, additions, corrections and clarifications to various sections of the Zoning Regulations to ensure consistency and successful implementation of the LUCE. The proposed Zoning Regulations Update would not allow new development in areas where such development is prohibited under the LUCE. Therefore, the proposed Zoning Regulations Update would not result in a significant waste impact not examined or adequately addressed in LUCE EIR Section 4.16 Utilities and Service Systems. 19. MANDATORY FINDINGS OF SIGNIFICANCE. a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? X The proposed Zoning Regulations Update would make revisions, additions, corrections and clarifications to various sections of the Zoning Regulations to ensure consistency and successful implementation of the LUCE. The proposed Zoning Regulations Update does not authorize any development. Therefore, its adoption would not significantly degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self- sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal, or eliminate important examples of the major periods of California history or prehistory. Therefore, as discussed in Section 4 (Biological Resources) of this Initial Study, no new significant impacts beyond what is identified in the LUCE EIR would occur. b) Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumulatively considerable" X Ordinance No. 1650 (2018 Series) EXHIBIT A Sources Potentially Significant Impact, greater than identified in the LUCE EIR Significant Impact Adequately Addressed in the LUCE EIR Less Than Significant Impact, consistent with the LUCE EIR No Impact, consistent with the LUCE EIR CITY OF SAN LUIS OBISPO INITIAL STUDY ENVIRONMENTAL CHECKLIST 2018 90 means that the incremental effects of a project are considerable when viewed in connection with the effects of the past projects, the effects of other current projects, and the effects of probable future projects)? The proposed project involves the adoption of the City’s Zoning Regulations Update, which guides future development. No specific development projects would occur as a result of the proposed Zoning Regulations Update and therefore, the project, in itself, would not result in cumulative impacts. Furthermore, cumulative impacts associated with future development have been evaluated at a program level in the LUCE EIR. Since the proposed Zoning Regulations Update would not allow new development in areas where such development is prohibited under the LUCE, adopting the proposed Zoning Regulations Update would not create new cumulative impacts or increase the significance of cumulative impacts identified in the LUCE EIR. c) Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? X As identified throughout the analysis herein, the proposed Zoning Regulations Update would not have an environmental effect that would cause substantial adverse effects on human beings either directly or indirectly. Impacts would be less than significant. Ordinance No. 1650 (2018 Series) EXHIBIT A CITY OF SAN LUIS OBISPO INITIAL STUDY ENVIRONMENTAL CHECKLIST 2018 91 20. EARLIER ANALYSES. Earlier analysis may be used where, pursuant to the tiering, program EIR, or other CEQA process, one or more effects have been adequately analyzed in an earlier EIR or Negative Declaration. Section 15063 (c) (3) (D). In this case a discussion should identify the following items: a) Earlier analysis used. Identify earlier analyses and state where they are available for 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). 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 b) Impacts adequately addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. Refer to analysis in this Initial Study. c) Mitigation measures. For effects that are "Less than Significant with Mitigation Incorporated," describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which they address site- specific conditions of the project. No additional mitigation measures are required. 21. SOURCE REFERENCES. 1. 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) and associated Background Report 2. City of San Luis Obispo Land Use Element, 2014 3. City of San Luis Obispo Circulation Element, 2014 4. City of San Luis Obispo Conservation & Open Space Element, 2006. 5. City of San Luis Obispo Community Design Guidelines, 2010 6. City of San Luis Obispo Municipal Code 7. Clean Air Plan for San Luis Obispo County, Air Pollution Control District, 2001 8. CEQA Air Quality Handbook, Air Pollution Control District, April 2012 9. Historic Preservation Ordinance, 2010 10. Historic Preservation Ordinance Guidelines, 2010 11. Historic Context Statement, 2014 12. Archaeological Resource Preservation Program Guidelines, 2009 13. City of San Luis Obispo General Plan Safety Element, 2000. 14. California Building Code 15. City of San Luis Obispo General Plan Water and Wastewater Element, 2018 16. Sanitary Sewer Flow Monitoring and Inflow/Infiltration Study, 2012 17. Wastewater Collection System Infrastructure Renewal Strategy, 2016 18. City of San Luis Obispo Climate Action Plan, 2012 19. APCD Greenhouse Gas Thresholds and Supporting Evidence, 2012 20. White Paper: Implementing the Climate Action Plan in the Zoning Regulations, City of San Luis Obispo, 2018 21. State of California Emergency Plan, 2017 22. San Luis Obispo County/Cities Nuclear Power Plant Emergency Response Plan, 2014 Ordinance No. 1650 (2018 Series) EXHIBIT A CITY OF SAN LUIS OBISPO INITIAL STUDY ENVIRONMENTAL CHECKLIST 2018 92 23. San Luis Obispo County Airport Land Use Plan, 2005 24. California Airport Land Use Planning Handbook, 2011 25. Uniform Fire Code 26. Stormwater Management Plan 27. Waterway Management Plan, City and County of San Luis Obispo, 2003 28. Drainage Design Manual, 2003 29. Final Environmental Assessment / Environmental Impact Report, San Luis Obispo County Regional Airport Master Plan Update, San Luis Obispo, California, U.S. Department of Transportation, Federal Aviation Administration, County of San Luis Obispo, 2006 30. City of San Luis Obispo Noise Element, 1996 31. City of San Luis Obispo Noise Guidebook 32. City of San Luis Obispo General Plan Annual Report 2018 33. City of San Luis Obispo Housing Element, 2015 34. San Luis Obispo Parks and Recreation Element and Master Plan, 2001 35. City Engineering Standards 36. City of San Luis Obispo Water and Wastewater Element, 2018 37. Water Resource Recovery Facility Project, Final Environmental Impact Report, 2016 38. Clarification Memorandum for the San Luis Obispo County Air Pollution Control District’s 2012 CEQA Air Quality Handbook, Air Pollution Control District, November 14, 2017 Ordinance No. 1650 (2018 Series) EXHIBIT A CITY OF SAN LUIS OBISPO Title 17 – ZONING REGULATIONS 1-1 September 2018 ARTICLE 1: ENACTMENT, APPLICABILITY, AND ENFORCEMENT Chapter 17.02. Purpose and Applicability of the Zoning Regulations Sections: 17.02.010 – Title 17.02.020 – Purpose and Authority 17.02.030 – General Requirements 17.02.040 – Relationship to Prior Ordinances and Other Codes 17.02.050 – General Relationship to Other Regulations 17.02.060 – Relationship to California Environmental Quality Act 17.02.070 – Relationship to Design Guidelines 17.02.080 – Relationship to Specific Plans 17.02.090 – Prior Rights and Violations 17.02.100 – Severability, Partial Invalidation of the Zoning Regulations 17.02.010 – Title The provisions of Title 17 of the City of San Luis Obispo Municipal Code shall be known and cited as the "City of San Luis Obispo Zoning Regulations" or “Zoning Regulations.” 17.02.020 – Purpose and Authority A.Purpose. The Zoning Regulations are intended to guide the development of the City in an orderly manner, implement the policies of the General Plan, protect and enhance the quality of the natural and built environment, promote the public health, safety and general welfare by regulating the use of land and buildings and the location and basic form of structures, and provide the physical, environmental, economic, and social advantages that result from the orderly planned use of land resources. B.Authority. 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. 17.02.030 – General Requirements Land or buildings may be used and structures may be erected or altered only in accordance with the regulations in this Title 17. 17.02.040 – Relationship to Prior Ordinances and Other Codes The provisions of the Zoning Regulations, as they existed prior to the effective date of Ordinance No. 1650, 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. Ordinance No. 1650 (2018 Series) EXHIBIT B Article 1: Enactment 1-2 September 2018 17.02.050 – General Relationship to Other Regulations 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. 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 – 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. Ordinance No. 1650 (2018 Series) EXHIBIT B CITY OF SAN LUIS OBISPO Title 17 – ZONING REGULATIONS 1-3 September 2018 Chapter 17.04. Interpretation of the Zoning Regulations Sections: 17.04.010 – Rules of Interpretation 17.04.020 – Procedures for Interpretation 17.04.030 – Uses Not Classified 17.04.040 – Text Takes Precedence over Graphics 17.04.010 – Rules of Interpretation A. Ambiguity. The Director is assigned the responsibility and authority to interpret these regulations, subject to the appeal procedures of Chapter 17.126 (Appeals). B. 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. 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. D. Internal Conflicts. Where provisions indicated in this Article conflict with provisions of other applicable laws, including these Zoning Regulations 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.” 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. Ordinance No. 1650 (2018 Series) EXHIBIT B Article 1: Enactment 1-4 September 2018 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. F. 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. G. 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. H. 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 17.126 (Appeals). 17.04.030 – Uses Not Classified A. Use Not Listed Is Not Allowed. If a use of land is not specifically listed in Chapter 17.10 (Use Regulations), the use shall not be allowed, except as provided below. B. Director’s Determination. Based on the authority granted in Section 17.04.020 (Procedures for Interpretation), the Director may determine that a land use that is not listed in Chapter 17.10 (Use Regulations) 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. 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. Ordinance No. 1650 (2018 Series) EXHIBIT B CITY OF SAN LUIS OBISPO Title 17 – ZONING REGULATIONS 1-5 September 2018 D.Uses Not Permitted in the City. 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. 17.04.040 – 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. Ordinance No. 1650 (2018 Series) EXHIBIT B Article 1: Enactment 1-6 September 2018 Chapter 17.06. Zones Established and Zoning Map Sections: 17.06.010 – Purpose 17.06.020 – Designation of Zones 17.06.030 – Official Zoning Map 17.06.040 – Uncertainty of Boundaries 17.06.050 – Classification of Annexed Lands and Unclassified Property 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 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 Title, the following zones are created: Table 1-1: Zones Established Residential Zones R-1 Low-Density Residential R-2 Medium-Density Residential R-3 Medium-High Density Residential R-4 High-Density Residential Nonresidential Zones AG Agricultural C/OS Conservation/Open Space O Office PF Public Facility C-N Neighborhood Commercial C-C Community Commercial C-D Downtown Commercial Ordinance No. 1650 (2018 Series) EXHIBIT B CITY OF SAN LUIS OBISPO Title 17 – ZONING REGULATIONS 1-7 September 2018 Table 1-1: Zones Established C-R Retail Commercial C-T Tourist Commercial C-S Service Commercial M Industrial Overlay Zones AO Airport Overlay D Downtown Overlay SP Specific Plan H Historic Overlay MU Mixed Use Overlay S Special Considerations Overlay S-F Special Focus Overlay PD Planned Development Overlay 17.06.030 – Official Zoning Map All areas within the City shall be designated within a zone. 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 Zoning Map, which shall depict all duly adopted zones, is as much a part of these regulations as if it were fully contained in this document. The official Zoning Map shall be maintained by and in the Community Development Department, and for convenience in more easily identifying zone boundaries may be divided into parts. 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 17.158 (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. Ordinance No. 1650 (2018 Series) EXHIBIT B Article 1: Enactment 1-8 September 2018 17.06.050 – Classification of Annexed Lands and Unclassified Property Any area annexed to the City shall be prezoned consistent with the General Plan or zoned C/OS until rezoned after annexation. Ordinance No. 1650 (2018 Series) EXHIBIT B CITY OF SAN LUIS OBISPO Title 17 – ZONING REGULATIONS 1-9 September 2018 Chapter 17.08. Reserved Ordinance No. 1650 (2018 Series) EXHIBIT B CITY OF SAN LUIS OBISPO Title 17 – ZONING REGULATIONS 2-1 September 2018 ARTICLE 2: ZONES, ALLOWABLE USES, AND DEVELOPMENT AND DESIGN STANDARDS Chapter 17.10. Use Regulations Sections: 17.10.010 – Purpose and Application 17.10.020 – Use Regulations By Zone 17.10.010 – Purpose and Application 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.Allowed Uses. Uses within zones shall be regulated as set forth in Table 2-1: Uses Allowed by Zone, subject to subsections B through F of this Section and additional regulations specified in the Additional Regulations column of Table 2-1. Land uses are defined in Chapter 19.156 (Land Use Definitions). In Table 2-1, symbols shall have these meanings: A The use is allowed as a matter of right. MUP The use requires a Minor Use Permit approved by the Director, as provided in Section 17.110.030 (Procedure – Minor Use Permit). CUP The use requires a Conditional Use Permit approved by the Planning Commission, as provided in Section 17.110.030 (Procedure – Minor Use Permit). A/M The use is allowed above the ground floor only. Subject to Minor Use Permit review, the use may be established on the ground floor. Variations to allowed uses in Table 2-1: Uses Allowed by Zone may be permitted or required by Chapter 17.50: Specific Plan (SP) Overlay Zone, Chapter 17.52: Special Focus Area (S-F) Overlay Zone, and Chapter 17.60: 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). 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.Primary and Accessory Uses. Listed uses are primary uses. Accessory uses are allowed only where a primary use is established. An accessory use may be allowed if it is not listed as an allowed use in Table 2-1 for the applicable zone. Ordinance No. 1650 (2018 Series) EXHIBIT B Article 2: Zones 2-2 September 2018 D.Airport Land Use Plan and Airport Overlay Zone. See Chapter 17.64 (Airport Overlay Zone) concerning uses that may be allowed within the Airport Overlay Zone. E.Specific Plan Consistency. See Section 17.02.080 (Relationship to Specific Plans). F.Prohibited Uses. The following uses are prohibited in all zones: 1.RESERVED. 2.Drive-Through Facilities 3.Large-Scale Retail with over 140,000 square feet of gross floor area 4.Livestock Feed Lots 5.Mineral Extraction and Commercial Mining 6.Onshore Support Facilities for offshore oil or gas development 7.Vacation Rentals. See also Section 17.86.160 (Homestay Rentals). Ordinance No. 1650 (2018 Series) EXHIBIT B CITY OF SAN LUIS OBISPO Title 17 – ZONING REGULATIONS 2-3 September 2018 Table 2-1: Uses Allowed By Zone Key: A = Allowed; MUP = Minor Use Permit approval required; CUP = Conditional Use Permit approval required M/A = Minor Use Permit approval required on ground floor along street frontage, allowed on second floor or above Land Use Permit Requirement by Zoning District Specific Use Regulations AG C/OS R1 R2 R3 R4 PF O C-N C-C C-R C-D C-T C-S M BP AGRICULTURE Agricultural Accessory Structure A A Animal Husbandry and Grazing A A Community Garden A MUP A A A A A Crop Production A A A MUP MUP Greenhouse/Plant Nursery, Commercial CUP CUP INDUSTRY, MANUFACTURING & PROCESSING, WHOLESALING Fuel Dealer (propane, etc) MUP A See also Sec. 17.74.060 Laboratory - Medical, Analytical, Research, Testing CUP A A A A See also Sec. 17.74.060 Manufacturing - Heavy CUP CUP See also Sec. 17.74.060 Manufacturing - Light A A A See also Sec. 17.74.060 Recycling Recycling - Collection Facility MUP MUP MUP A Recycling - Processing Facility MUP Research and Development A MUP A See also Sec. 17.74.060 Salvage and Wrecking MUP Warehousing, Storage, and Distribution Outdoor Storage MUP MUP Personal Storage A A Warehousing and Indoor Storage A A MUP Wholesaling and Distribution A A MUP LODGING Bed and Breakfast Establishment MUP CUP CUP A A A See Sec. 17.86.070 Homeless Shelter CUP CUP A CUP CUP CUP CUP CUP CUP CUP CUP See Sec. 17.86.150 and GC Sec. 65583(a)(4) Ordinance No. 1650 (2018 Series) EXHIBIT B Article 2: Zones 2-4 August 2018 Table 2-1: Uses Allowed By Zone Key: A = Allowed; MUP = Minor Use Permit approval required; CUP = Conditional Use Permit approval required M/A = Minor Use Permit approval required on ground floor along street frontage, allowed on second floor or above Land Use Permit Requirement by Zoning District Specific Use Regulations AG C/OS R1 R2 R3 R4 PF O C-N C-C C-R C-D C-T C-S M BP Hostel CUP CUP A A A Hotels and Motels A A A CUP CUP RV Parks CUP PUBLIC AND QUASI-PUBLIC USES Cultural Institutions CUP A A A CUP Hospitals and Clinics Clinic MUP MUP A MUP MUP MUP See Sec. 17.36.030.C and Sec. 17.42.030.A Hospital CUP CUP Park and Recreation Facilities A A A A A A A A A A A A A A Parks 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 MUP MUP See 42 U.S.C. §§ 2000cc, et seq. Schools - Colleges CUP Schools - Primary and Secondary CUP CUP MUP MUP CUP CUP CUP MUP CUP See Sec. 17.86.240 Schools - Trade Schools CUP MUP CUP MUP MUP In the C-D zone, Trade Schools are not allowed on the ground floor. Sports and Entertainment Assembly Facility CUP CUP RESIDENTIAL USES General Residential Housing Types Single-Unit Dwellings, Detached A CUP A A A A Multi-Unit Residential A A A A Boarding House CUP CUP MUP MUP See Chapter 17.146 Caretaker Quarters A A A A A A A A A A A A A A A MUP Continuing Care Community MUP MUP MUP MUP MUP MUP MUP Ordinance No. 1650 (2018 Series) EXHIBIT B CITY OF SAN LUIS OBISPO Title 17 – ZONING REGULATIONS 2-5 September 2018 Table 2-1: Uses Allowed By Zone Key: A = Allowed; MUP = Minor Use Permit approval required; CUP = Conditional Use Permit approval required M/A = Minor Use Permit approval required on ground floor along street frontage, allowed on second floor or above Land Use Permit Requirement by Zoning District Specific Use Regulations AG C/OS R1 R2 R3 R4 PF O C-N C-C C-R C-D C-T C-S M BP Elderly and Long Term Care MUP MUP MUP M/A M/A MUP Family Day Care (Small and Large) A A A A A A A A A A A A A See Sec. 17.86.100 and H&SC 1597.40 Fraternities and Sororities CUP CUP Hospice In-Patient Facility CUP CUP MUP CUP CUP MUP High Occupancy Residential Use MUP MUP See Chapter 17.148 Mobile Home Park A A A A See GC Sec. 65852.7, 65863.7, 65863.8 Residential Care Facilities - 6 or Fewer Residents A A A A A A M/A M/A M/A MUP Multiple state statutes Residential Care Facilities - 7 or More Residents MUP MUP MUP MUP MUP MUP MUP Multiple state statutes Supportive and/or Transitional Housing, with On or OffSite Services A A A A MUP A MUP MUP See GC Sec. 65583(a)(5) MIXED USES Mixed-use Development A A A A A A MUP CUP See Sec. 17.70.130 COMMERCIAL USES Adult Entertainment Businesses A A See Sec. 17.86.030 and GC Section 65850.4 Animal Care, Sales and Services Animal Boarding/Kennels CUP MUP MUP Outdoor runs and kennel areas shall be allowed only in the C-S zone. See also Sec. 17.86.170. Animal Grooming A A A A A MUP Animal Retail Sales MUP A A A A Veterinary Services, Large Animal CUP MUP MUP Veterinary Services, Small Animal A A A A M/A A Ordinance No. 1650 (2018 Series) EXHIBIT B Article 2: Zones 2-6 August 2018 Table 2-1: Uses Allowed By Zone Key: A = Allowed; MUP = Minor Use Permit approval required; CUP = Conditional Use Permit approval required M/A = Minor Use Permit approval required on ground floor along street frontage, allowed on second floor or above Land Use Permit Requirement by Zoning District Specific Use Regulations AG C/OS R1 R2 R3 R4 PF O C-N C-C C-R C-D C-T C-S M BP Banks and Financial Institutions ATMs A A A A A A A A A Banks and Credit Unions A A A A MUP MUP MUP See Sec. 17.36.030.B and Sec. 17.40.030.A Check Cashing Shops/Payday Loans MUP MUP Business Services A A A M/A A A A Cemetery CUP CUP CUP CUP CUP CUP CUP CUP CUP CUP Commercial Recreation - Large Scale PC CUP CUP CUP CUP CUP CUP MUP See Sec. 17.36.030.D and Sec. 17.86.110 Commercial Recreation - Small Scale MUP MUP A A A A A A MUP Day Care Center MUP MUP MUP MUP MUP A A A A M/A MUP MUP MUP MUP See Sec. 17.86.100 Eating and Drinking Establishments Bars, Live Entertainment, and Taverns MUP MUP MUP MUP MUP MUP See also Sec. 17.86.040 and Sec. 17.86.030 Restaurant A A A A A A MUP MUP Restaurant with Late Hour Alcohol Service MUP MUP MUP MUP MUP MUP MUP MUP See Sec. 17.86.040 and Sec. 17.86.050 Food and Beverage Sales General Market A A A A CUP See Sec. 17.26.030.B.1 Convenience Store MUP MUP MUP A A A A A MUP MUP MUP See Sec. 17.26.030.B.1 and Sec. 17.86.090 Produce Stand MUP MUP A A A A Liquor Store MUP MUP MUP MUP CUP See Sec. 17.26.030.B.2 and Sec. 17.86.040 Food Preparation A A A Funeral Parlors and Internment Services MUP MUP A MUP Instructional Services MUP CUP MUP M/A A M/A CUP A MUP Maintenance and Repair Services A A CUP Ordinance No. 1650 (2018 Series) EXHIBIT B CITY OF SAN LUIS OBISPO Title 17 – ZONING REGULATIONS 2-7 September 2018 Table 2-1: Uses Allowed By Zone Key: A = Allowed; MUP = Minor Use Permit approval required; CUP = Conditional Use Permit approval required M/A = Minor Use Permit approval required on ground floor along street frontage, allowed on second floor or above Land Use Permit Requirement by Zoning District Specific Use Regulations AG C/OS R1 R2 R3 R4 PF O C-N C-C C-R C-D C-T C-S M BP Offices 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 Sec. 17.36.030.B and Sec. 17.40.030.A. Medical and Dental Offices A MUP A M/A MUP MUP See Sec. 1736.030.C Personal Services A A A A MUP A MUP Retail Sales See Sec. 17.26.030.A, 17.30.030.A, 17.32.030, and 17.34.034.A and 17.36.030.A Building Materials and Services - Indoor A A A A A Building Materials and Services - Outdoor MUP A MUP A A Extended Hour Retail MUP MUP MUP MUP MUP MUP MUP MUP General Retail MUP A A A MUP MUP Large-Scale Retail CUP CUP CUP Nurseries and Garden Centers CUP A A Theaters PC MUP MUP MUP MUP Only nonprofit theaters are allowed in the PF zone. See also Sec. 17.86.030. Vehicle Sales and Services Auto and Vehicle Sales and Rental MUP CUP A MUP Large Vehicle, Construction and Heavy Equipment Sales, Service, and Rental MUP A Service Stations MUP MUP MUP MUP A See Sec. 17.86.250 Ordinance No. 1650 (2018 Series) EXHIBIT B Article 2: Zones 2-8 August 2018 Table 2-1: Uses Allowed By Zone Key: A = Allowed; MUP = Minor Use Permit approval required; CUP = Conditional Use Permit approval required M/A = Minor Use Permit approval required on ground floor along street frontage, allowed on second floor or above Land Use Permit Requirement by Zoning District Specific Use Regulations AG C/OS R1 R2 R3 R4 PF O C-N C-C C-R C-D C-T C-S M BP 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 TRANSPORTATION, COMMUNICATIONS, & UTILITIES Airport CUP CUP CUP MUP Wireless Telecommunications Facilities MUP MUP MUP MUP MUP MUP MUP MUP MUP MUP MUP See Sec. 17.86.290, 47 USC Sec. 332(c)(7) of the Telecommunications Act, Pub. Util. Code Sec. 7901 et seq., GC Sec. 65850.6 Freight/Truck Terminals A A MUP Light Fleet-Based Services A MUP MUP Media Production Backlots and Soundstages MUP MUP MUP Broadcast Studios A A M/A A A A Heliport CUP CUP CUP CUP Parking Facilities CUP CUP CUP CUP CUP CUP See Sec. 17.86.200 Public Safety Facilities CUP CUP Transit Station or Terminal CUP CUP CUP MUP A Utilities Facilities Ground-mounted equipment in residential zones shall be screened by landscaping to the satisfaction of the Director. Facilities with Onsite Staff CUP CUP CUP CUP CUP CUP CUP CUP CUP CUP CUP CUP CUP CUP CUP CUP Facilities with No Onsite Staff (unmanned) MUP MUP MUP MUP MUP MUP MUP MUP MUP MUP MUP MUP MUP MUP MUP MUP Transmission Lines CUP CUP CUP CUP CUP CUP CUP CUP CUP CUP CUP CUP CUP CUP CUP CUP Ordinance No. 1650 (2018 Series) EXHIBIT B CITY OF SAN LUIS OBISPO Title 17 – ZONING REGULATIONS 2-9 September 2018 Table 2-1: Uses Allowed By Zone Key: A = Allowed; MUP = Minor Use Permit approval required; CUP = Conditional Use Permit approval required M/A = Minor Use Permit approval required on ground floor along street frontage, allowed on second floor or above Land Use Permit Requirement by Zoning District Specific Use Regulations AG C/OS R1 R2 R3 R4 PF O C-N C-C C-R C-D C-T C-S M BP SPECIFIC AND TEMPORARY LAND USES Educational Conferences Housing MUP MUP MUP MUP Homestay Rentals See Sec. 17.86.160 Home Occupation See Sec. 17.86.140 Food Trucks See Sec. 17.86.120 Office - Temporary See Chapter 17.113 Outdoor Temporary and/or Seasonal Sales See Sec. 17.86.190 and Chapter 17.113 Parking Facility - Temporary CUP MUP MUP MUP MUP MUP MUP MUP MUP MUP See Chapter 17.113 Safe Parking PC PC PC PC CUP CUP CUP CUP CUP CUP CUP CUP CUP See Sec. 17.86.230 Special Event MUP MUP MUP MUP MUP MUP MUP MUP MUP See Chapter 17.113 Vending Machine See Section 17.86.280 Ordinance No. 1650 (2018 Series) EXHIBIT B Article 2: Zones 2-10 September 2018 Chapter 17.12. Agricultural (AG) Zone Sections: 17.12.010 – Purpose and Application 17.12.020 – Development Standards 17.12.010 – 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 and where there has been a history of agricultural cultivation and keeping of livestock. 17.12.020 – Development Standards The general property development standards for the AG zone shall be as set forth in Table 2-2: AG Zone Development Standards. See also Section 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% Ordinance No. 1650 (2018 Series) EXHIBIT B CITY OF SAN LUIS OBISPO Title 17 – ZONING REGULATIONS 2-11 September 2018 Chapter 17.14. Conservation/Open Space (C/OS) Zone Sections: 17.14.010 – Purpose and Application 17.14.020 – Development Standards 17.14.010 – Purpose and Application A. General Application. The C/OS zone generally will be applied to areas which are most suitable for open space uses because of topography, geology, vegetation, soils, wildlife habitat, scenic prominence, agricultural value, or flood hazards. Land and water areas in the C/OS zone remain in a predominantly natural or undeveloped state generally free of structures. B. Natural Hazards. The C/OS zone is intended to prevent exposure of urban development to unacceptable risks posed by natural hazards and to protect natural resources from disruptive alterations. To these ends, it is further intended to prevent the subdivision of such lands. C. 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 The general property development standards for the C/OS zone shall be as set forth in Table 2-3: C/OS Zone Development Standards. See also Section 16.18.030 (Subdivisions; Lot Dimensions) for minimum lot dimensions. 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% Ordinance No. 1650 (2018 Series) EXHIBIT B Article 2: Zones 2-12 September 2018 Chapter 17.16. Low-Density Residential (R-1) Zone Sections: 17.16.010 – Purpose and Application 17.16.020 – Development Standards 17.16.030 – Additional Regulations 17.16.010 – Purpose and Application The R-1 zone provides for low-density residential development and 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 to preserve existing single-unit neighborhoods, provide for compatible infill development in such areas, and prescribe the overall character of newly subdivided low-density areas. 17.16.020 – Development Standards A.General Development Standards. The general property development standards for the R-1 zone shall be as set forth in Table 2-4: R-1 Zone Development Standards. See also Section 16.18.030 (Subdivisions; Lot Dimensions) for minimum lot dimensions. Table 2-4: R-1 Zone Development Standards Development Standard R-1 Zone Additional Regulations Maximum Residential Density 7 units/net acre See also Section 17.70.040 (Density) Maximum FAR 0.4 Maximum FAR may be increased up to 0.50 if consistent with Section 17.16.030.A (Requirements and Findings for FAR Increase in R-1 Zone). See also Section 17.70.060 (FAR Measurement and Exceptions) Minimum Setbacks Front 20 feet See also Section 17.76.030 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 the maximum height no more than 30 inches. See also Sections 17.16.020.B (Interior Side and Rear Setback Standards) and 17.70.080 (Height Measurement and Exceptions). Maximum Lot Coverage 40% See also Section 17.70.120 (Lot Coverage) Minimum Lot Area 6,000 square feet See also Section 16.18.030 (Subdivisions; Lot Dimensions) Ordinance No. 1650 (2018 Series) EXHIBIT B CITY OF SAN LUIS OBISPO Title 17 – ZONING REGULATIONS 2-13 September 2018 Figure 2-1: Street Side Setback on Corner Lots B.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 9 feet 23 – 24 feet 10 feet 25 feet 11 feet Figure 2-2: R-1 Zone Minimum Interior Side and Rear Setbacks and Building Height 17.16.030 – Additional Regulations 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: Ordinance No. 1650 (2018 Series) EXHIBIT B Article 2: Zones 2-14 September 2018 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.Small Lots. The property is located on a small lot that is less than 5,000 square feet in size. 3. Greater Setbacks. A second-story step back (upper story building setback) of at least five feet along the front façade and second-story side setbacks that are at least three feet greater than the minimum required setback. 4. Garage Location. Provide a detached garage located behind the main dwelling. B.High-Occupancy Residential Use. Refer to Chapter 17.148 (High-Occupancy Residential Use Regulations). Ordinance No. 1650 (2018 Series) EXHIBIT B CITY OF SAN LUIS OBISPO Title 17 – ZONING REGULATIONS 2-15 September 2018 Chapter 17.18. Medium-Density Residential (R-2) Zone Sections: 17.18.010 – Purpose and Application 17.18.020 – Development Standards 17.18.030 – Additional Regulations 17.18.010 – Purpose and Application The R-2 zone is intended to provide housing opportunities that 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 arrangement than in the R-1 zone, and near commercial and public services. The R-2 zone generally will occur 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. 17.18.020 – Development Standards A.General Development Standards. The general property development standards for the R-2 zone shall be as set forth in Table 2-6: R-2 Zone Development Standards. See also Section 16.18.030 (Subdivisions; Lot Dimensions) for minimum lot dimensions. Table 2-6: R-2 Zone Development Standards Development Standard R-2 Zone Additional Regulations Maximum Residential Density 12 units/net acre See also Section 17.70.040 (Density). Regardless of the density calculation, at least two units shall be allowed on each parcel; except this shall not apply to common interest subdivisions. Minimum Setbacks Front 20 feet See also Section 17.76.030 (Front Yard Paving) Interior Side and Rear See Section 17.18.020.B, Table 2-7: 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 17.18.020.B (Interior Side and Rear Setback Standards) and 17.70.080 (Height Measurement and Exceptions). Maximum Lot Coverage 50% See also Section 17.70.120 (Lot Coverage) 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. Ordinance No. 1650 (2018 Series) EXHIBIT B Article 2: Zones 2-16 September 2018 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 17.18.030 – Additional Regulations A. High-Occupancy Residential Use. Refer to Chapter 17.148 (High-Occupancy Residential Use Regulations). Ordinance No. 1650 (2018 Series) EXHIBIT B CITY OF SAN LUIS OBISPO Title 17 – ZONING REGULATIONS 2-17 September 2018 Chapter 17.20. Medium-High Density Residential (R-3) Zone Sections: 17.20.010 – Purpose and Application 17.20.020 – Development Standards 17.20.010 – Purpose and Application The R-3 zone is intended primarily to provide housing opportunities for attached dwellings with common outdoor areas and compact private outdoor 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. 17.20.020 – Development Standards A.General Development Standards. The general property development standards for the R-3 zone shall be as set forth in Table 2-8: R-3 Zone Development Standards. See also Section 16.18.030 (Subdivisions; Lot Dimensions) for minimum lot dimensions. Table 2-8: R-3 Zone Development Standards Development Standard R-3 Zone Additional Regulations Maximum Residential Density 20 units/net acre 18 units/net acre for properties within an Airport Safety zone See also Section 17.70.040 (Density). Regardless of the density calculation, at least three units shall be allowed on each parcel; except this shall not apply to common interest subdivisions. Minimum Setbacks Front 10 feet See also Section 17.76.030 (Front Yard Paving) Interior Side and Rear See Section 17.20.020.B, Table 2-9: R-3 Zone Minimum Interior Side and Rear Setbacks. Corner Lot - Street Side 10 feet Maximum Building Height 35 feet See also Sections 17.20.020.B (Interior Side and Rear Setback Standards) and 17.70.080 (Height Measurement and Exceptions). Maximum Lot Coverage 60% See also Section 17. 70.120 (Lot Coverage) Minimum Lot Area 5,000 square feet See also Section 16.18.030 (Subdivisions; Lot Dimensions) Edge Condition Requirements See Section 70.050 (Edge Conditions) B.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. Ordinance No. 1650 (2018 Series) EXHIBIT B Article 2: Zones 2-18 September 2018 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 17.70.050.D.2 (Edge Conditions - Setbacks). Figure 2-5: R-3 Zone Minimum Interior Side and Rear Setbacks and Building Height Ordinance No. 1650 (2018 Series) EXHIBIT B CITY OF SAN LUIS OBISPO Title 17 – ZONING REGULATIONS 2-19 September 2018 Chapter 17.22. High-Density Residential (R-4) Zone Sections: 17.22.010 – Purpose and Application 17.22.020 – Development Standards 17.22.010 – Purpose and Application The R-4 zone is intended primarily to provide for attached dwellings with common outdoor areas and compact private outdoor spaces, and to accommodate various types of group housing. Further, the R-4 zone intended to allow for dense 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. 17.22.020 – Development Standards A. General Development Standards. The general property development standards for the R-4 zone shall be as set forth in Table 2-10: R-4 Zone Development Standards. See also Section 16.18.030 (Subdivisions; Lot Dimensions) for minimum lot dimensions. Table 2-10: R-4 Zone Development Standards Development Standard R-4 Zone Additional Regulations Maximum Residential Density 24 units/net acre See also Section 17.70.040 (Density). Regardless of the density calculation, at least four units shall be allowed on each parcel; except this shall not apply to common interest subdivisions. Minimum Setbacks Front 10 feet See also Section 17.76.030 (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 10 feet Maximum Building Height 35 feet See also Sections 17.22.020.B (Interior Side and Rear Setback Standards) and 17.70.080 (Height Measurement and Exceptions). Maximum Lot Coverage 60% See also Section 17.70.120 (Lot Coverage) Minimum Lot Area 5,000 square feet See also Section 16.18.030 (Subdivisions; Lot Dimensions) Edge Condition Requirements See Section 17.70.050 (Edge Conditions) B. 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. Ordinance No. 1650 (2018 Series) EXHIBIT B Article 2: Zones 2-20 September 2018 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 27 – 31 feet 9 feet 32 – 35 feet 10 feet Note: See also Section 17.70.050.D.2 (Edge Conditions - Setbacks). Figure 2-6: R-4 Zone Minimum Interior Side and Rear Setbacks and Building Height Ordinance No. 1650 (2018 Series) EXHIBIT B CITY OF SAN LUIS OBISPO Title 17 – ZONING REGULATIONS 2-21 September 2018 Chapter 17.24. Office (O) Zone Sections: 17.24.010 – Purpose and Application 17.24.020 – Development Standards 17.24.010 – Purpose and Application The O zone is intended to provide for a diversity of office uses that meet the needs of private businesses and a range of public administration uses. The O zone is also intended to provide for the continuation of existing, legally established residential uses and the development of new residential uses where such residential uses will be compatible with neighboring offices. 17.24.020 – Development Standards A. General Development Standards. The general property development standards for the O zone shall be as set forth in Table 2-12: O Zone Development Standards. See also Section 16.18.030 (Subdivisions; Lot Dimensions) for minimum lot dimensions. Table 2-12: O Zone Development Standards Development Standard O Zone Additional Regulations Maximum Residential Density 12 units/net acre See also Section 17.70.040 (Density). Regardless of the density calculation, at least two units shall be allowed on each parcel; except this shall not apply to common interest subdivisions. 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 17.24.020.B (Interior Side and Rear Setback Standards) and 17.70.080 (Height Measurement and Exceptions). Maximum Lot Coverage 60% See also Section 17.70.120 (Lot Coverage) Maximum Floor Area Ratio 1.5 See also Section 17.70.060 (FAR Measurement and Exceptions) Minimum Lot Area 5,000 square feet See also Section 16.18.030 (Subdivisions; Lot Dimensions) Edge Condition Requirements See Section 17.70.050 (Edge Conditions) 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. Ordinance No. 1650 (2018 Series) EXHIBIT B Article 2: Zones 2-22 September 2018 Table 2-13: O 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 17.70.050.D.2 (Edge Conditions - Setbacks) Figure 2-7: O Zone Minimum Interior Side and Rear Setbacks and Building Height Ordinance No. 1650 (2018 Series) EXHIBIT B CITY OF SAN LUIS OBISPO Title 17 – ZONING REGULATIONS 2-23 September 2018 Chapter 17.26. Neighborhood Commercial (C-N) Zone Sections: 17.26.010 – Purpose and Application 17.26.020 – Development Standards 17.26.030 – Additional Regulations 17.26.010 – Purpose and Application The C-N zone is intended to accommodate 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, to meet the frequent shopping needs of people living nearby. 17.26.020 – Development Standards A. General Development Standards. The general property development standards for the C-N zone shall be as set forth in Table 2-14: C-N Zone Development Standards. See also Section 16.18.030 (Subdivisions; Lot Dimensions) for minimum lot dimensions. Table 2-14: C-N Zone Development Standards Development Standard C-N Zone Additional Regulations Maximum Residential Density 12 units/net acre See also Section 17.70.040 (Density). Minimum Setbacks Front 10 feet Interior Side and Rear See Section 17.26.020.B, Table 2-15: C-N Zone Minimum Side and Rear Setbacks. Corner Lot - Street Side 10 feet Maximum Building Height 35 feet See also Sections 17.26.020.B (Interior Side and Rear Setback Standards) and 17.70.080 (Height Measurement and Exceptions). Maximum Lot Coverage 75% See also Section 17.70.120 (Lot Coverage) Maximum Floor Area Ratio 2.0 See also Section 17.70.060 (FAR Measurement and Exceptions) Minimum Lot Area 6,000 square feet See also Section 16.18.030 (Subdivisions; Lot Dimensions) Edge Condition Requirements See Section 17.70.050 (Edge Conditions) B. 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: C-N 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 17.70.050.D.2 (Edge Conditions) Ordinance No. 1650 (2018 Series) EXHIBIT B Article 2: Zones 2-24 September 2018 Figure 2-8: C-N Zone Minimum Interior Side and Rear Setbacks and Building Height 17.26.030 – Additional Regulations A. Maximum Retail Sales Building Size in the C-N Zone. A retail sales use in the C-N zone shall not exceed a gross floor area of 2,000 square feet for each establishment, or a combined floor area of 15,000 square feet for all retail sales establishments within a shopping center Exceptions to the floor area limitations above require Minor Use Permit approval to ensure consistency with policies of the General Plan Land Use Element and compatibility with surrounding uses. B. Food and Beverage Sales in the C-N Zone. 1. General Markets and Convenience Stores. General Markets and Convenience Stores with a gross floor area under 3,000 square feet are allowed by right. Such uses with a gross floor area exceeding 3,000 square feet may be approved by a Minor Use Permit. 2. Liquor Stores. Liquor stores shall be limited to 3,000 square feet of gross floor area, subject to a Minor Use Permit. Ordinance No. 1650 (2018 Series) EXHIBIT B CITY OF SAN LUIS OBISPO Title 17 – ZONING REGULATIONS 2-25 September 2018 Chapter 17.28. Community Commercial (C-C) Zone Sections: 17.28.010 – Purpose and Application 17.28.020 – Development Standards 17.28.010 – Purpose and Application The C-C zone is intended to accommodate 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 Residential Density 36 units/net acre See also Section 17.70.040 (Density). 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 Section 17.70.080 (Height Measurement and Exceptions) Maximum Lot Coverage 75% See also Section 17.70.120 (Lot Coverage) Maximum Floor Area Ratio 2.0 See also Section 17.70.060 (FAR Measurement and Exceptions) Minimum Lot Area 6,000 square feet See also Section 16.18.030 (Subdivisions; Lot Dimensions) Edge Condition Requirements See Section 17.70.050 (Edge Conditions) Ordinance No. 1650 (2018 Series) EXHIBIT B Article 2: Zones 2-26 September 2018 Chapter 17.30. Retail Commercial (C-R) Zone Sections: 17.30.010 – Purpose and Application 17.30.020 – Development Standards 17.30.030 – Additional Regulations 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 limited residential uses. The land uses allowed in this zone will generally serve the entire community and the region, as well as tourists and travelers. 17.30.020 – Development Standards The general property development standards for the C-R zone shall be as set forth in Table 2-17: C-R Zone Development Standards. See also Section 16.18.030 (Subdivisions; Lot Dimensions) for minimum lot dimensions. Table 2-17: C-R Zone Development Standards Development Standard C-R Zone Additional Regulations Maximum Residential Density 36 units/acre See also Section 17.70.040 (Density) 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 45 feet See also Section 17.70.080 (Height Measurement and Exceptions) Maximum Lot Coverage 100% See also Section 17.70.120 (Lot Coverage) 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. See also Section 17.70.060 (FAR Measurement and Exceptions) Minimum Lot Area 9,000 square feet See also Section 16.18.030 (Subdivisions; Lot Dimensions) Edge Condition Requirements See Section 17.70.050 (Edge Conditions) 17.30.030 – Additional Regulations A. Maximum Retail Sales Building Size in the C-R Zone. 1. No retail sales establishment (commercial building) shall exceed 60,000 square feet of gross floor area, unless excepted by subsection (C.2) of this Section or for nonconforming structures per Chapter 17.92 (Nonconforming Structures). Ordinance No. 1650 (2018 Series) EXHIBIT B CITY OF SAN LUIS OBISPO Title 17 – ZONING REGULATIONS 2-27 September 2018 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 sale establishment of up to 140,000 square feet of gross floor area, the Planning Commission shall be required to 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. Ordinance No. 1650 (2018 Series) EXHIBIT B Article 2: Zones 2-28 September 2018 Chapter 17.32. Downtown Commercial (C-D) Zone Sections: 17.32.010 – Purpose and Application 17.32.020 – Development Standards 17.32.030 – Additional Regulations 17.32.010 – Purpose and Application The C-D zone is intended to accommodate a wide range of retail sales, service, and entertainment uses that 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 applies to the City’s pedestrian-oriented central business district, where the historical pattern of development creates limitations on building form and the ability for individual businesses to provide onsite parking. Ground-floor, street-fronting uses 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 to accommodate carefully integrated new development. 17.32.020 – Development Standards The general property development standards for the C-D zone shall be as set forth in Table 2-18: C-D Zone Development Standards. See also Section 16.18.030 (Subdivisions; Lot Dimensions) for minimum lot dimensions. Table 2-18: C-D Zone Development Standards Development Standard C-D Zone Additional Regulations Maximum Residential Density 36 units/net acre See also Section 17.70.040 (Density) 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.E (Maximum Building Height in C-D Zone). See also Section 17.70.080 (Height Measurement and Exceptions) 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 17.70.120 (Lot Coverage) 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. See also Section 17.70.060 (FAR Measurement and Exceptions) Minimum Lot Area 3,000 square feet See also Section 16.18.030 (Subdivisions; Lot Dimensions) Edge Condition Requirements See Section 17.70.050 (Edge Conditions) Ordinance No. 1650 (2018 Series) EXHIBIT B CITY OF SAN LUIS OBISPO Title 17 – ZONING REGULATIONS 2-29 September 2018 17.32.030 – Additional Regulations A. Maximum Retail Sales Building Size in the C-D Zone. 1. No retail sales establishment (commercial building) shall exceed 60,000 square feet of gross floor area, unless excepted by subsection (C.2) of this Section or for nonconforming structures per Chapter 17.92 (Nonconforming Structures). 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 onsite for residential uses. Therefore, there is no guarantee of parking availability, either onsite or off site, for downtown residential projects. Onsite 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 review authority 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 17.114.040 (Required Findings). Ordinance No. 1650 (2018 Series) EXHIBIT B Article 2: Zones 2-30 September 2018 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. E. 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 24 units per acre. The average floor area of dwellings within the project shall be 1,000 square feet or less. Group housing projects shall demonstrate that the proposed building meets or exceeds the population density that would otherwise be achieved by this standard. b. The applicant shall demonstrate that: (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 (2) The project is designed to achieve a minimum value of 50 points on the SLO green build multi-unit residential greenpoint checklist. c. No more than 33 percent of the site area at the storefront level may be used for private parking facilities. d. Lots shall conform to the minimum size and dimension requirements provided in Title 16, Subdivisions. 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 Commission shall consider objectives related to affordable and workforce housing, mode split, historic preservation, and open space preservation to be especially important. 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 4.20 (Design Principles). Ordinance No. 1650 (2018 Series) EXHIBIT B CITY OF SAN LUIS OBISPO Title 17 – ZONING REGULATIONS 2-31 September 2018 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 one being from the same lettered subsection. Of the community benefits, 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 building height up to 75 feet if it determines that the project includes at least three community benefits from subsection F.5 of this Section (Community Benefits Policy Objectives), with no more than one being from the same lettered subsection. Of the community benefits, 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 50 feet proposed in the C-D zone include features that meet the specific policy objectives outlined for tall buildings in the General 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 Planning Commission shall determine that the overall project is consistent with the General Plan, including goals and policies for view preservation, historical resource preservation, solar access, and architectural character. a. Affordable and Workforce Housing. (1) The project provides affordable housing, in compliance with City standards, at the rate of five percent for low-income households, or 10 percent for moderate-income households, as a percentage of the total number of housing units built (no in-lieu fee option). (2) The project qualifies for, and utilizes, a density bonus in compliance with the City’s affordable housing incentives (Chapter 17.140). (3) The project includes residential density greater than or equal to 36 units per acre and the average floor area of units is 1,000 square feet or less. Group housing projects shall show that the proposed building meets or exceeds the population density that would otherwise be achieved by this objective. b. Pedestrian Amenities. (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. (2) The project provides open space in the form of a significant public plaza, where: (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 Ordinance No. 1650 (2018 Series) EXHIBIT B Article 2: Zones 2-32 September 2018 (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 onsite (no in-lieu fee option). c.View Access and Preservation. (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. (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 Policies 4.10 (Open Places and Views) and 4.20.4 (Building Height). d.Historic Preservation (Off Site). Where there are no historic resources on the project site, the project provides for the permanent preservation of a building off site within the downtown historic district or Chinatown historic district that is listed in the City’s inventory of historical resources through the recordation of a historic preservation agreement. 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 (Encourage Better Transportation Habits). 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’s greenbelt through land dedication, the recordation of a conservation easement, or other recognized preservation method, to the approval of the City. 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.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.Other Policy Objectives. The project directly implements specific and identifiable City objectives as set forth in the General Plan, the Downtown Concept Plan, or other key policy document, to the approval of the Planning Commission. (This subsection may be used to meet requirements for one policy objective.) 6.Application Requirements. Planning applications submitted for new buildings over 50 feet in height shall include the following additional items to assist the review 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 Ordinance No. 1650 (2018 Series) EXHIBIT B CITY OF SAN LUIS OBISPO Title 17 – ZONING REGULATIONS 2-33 September 2018 addresses those views from each perspective. Specific attention shall be given to views from adjacent publicly owned gathering spaces, such as Mission Plaza. b. Solar Shading Analysis. A written and graphic solar shading analysis showing the effects of shading on its surroundings between 10:00 AM and 3:00 PM on the winter solstice, summer solstice and vernal or autumnal equinox. The analysis shall compare shading caused by the project to the City’s solar access standards (Conservation Open Space Element Table 2). c. Parking Demand Management – Trip Reduction Programs. A verifiable parking demand management program and a trip reduction program to reduce resident/employee dependence on single-occupant vehicle trips, subject to the approval of the Public Works Director. d. Three-Dimensional Digital Model. A complete three-dimensional digital model of the proposed building, consistent with the specifications for the City’s baseline 3-D digital model of the downtown core and suitable for display on the City’s website. e. Solid Waste Management Plan. A solid waste management plan to show how the project meets or exceeds the City’s solid waste guidelines, subject to the approval of the Utilities Director. If any exceptions to the solid waste guidelines are requested, the plan shall include a written explanation and justification. f. Green Building Plan. A written green building plan to indicate how the project complies with performance standards for energy efficiency. g. Emergency Services Access Plan. A written and graphic plan created in consultation with the City’s fire marshal to show how access to upper floors for emergency response personnel will be provided. h. Public Safety Plan. A security plan created in consultation with the Police Department for all proposed buildings that include publicly accessible areas such as parking garages, courtyards, public stairways, elevators, and decks. The security plan will identify the locations of 911 capable phones in parking areas, 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. A 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. F. C-D Zone Visual Study – Buildings Higher than 30 Feet 1. Planning applications submitted for new buildings in the C-D zone shall include a visual study if the new building meets the following criteria: a. The building is over 30 feet in height; and b. The building is: (1) Within 150 feet of existing or planned publicly owned gathering sites, and Ordinance No. 1650 (2018 Series) EXHIBIT B Article 2: Zones 2-34 September 2018 (2) Within view of existing or planned publicly owned gathering sites or the building will be located at the intersection of public streets within the C-D Zone. 2. The visual study shall determine whether the project will: a. Materially obstruct views of distant hills from surrounding properties; and/or b. Create an adverse visual impact on existing or planned publicly owned gathering sites by materially obstructing views of nearby public open spaces, historic resources, City landmarks, or protected natural resources; and/or create adverse shade and shadow effects during times of the day when a gathering site is anticipated to be most used. 3. Should the study identify adverse impacts, the study shall identify measures to substantially reduce or eliminate these impacts. Ordinance No. 1650 (2018 Series) EXHIBIT B CITY OF SAN LUIS OBISPO Title 17 – ZONING REGULATIONS 2-35 September 2018 Chapter 17.34. Tourist Commercial (C-T) Zone Sections: 17.34.010 – Purpose and Application 17.34.020 – Development Standards 17.34.030 – Additional Regulations 17.34.010 – Purpose and Application The C-T zone is intended to provide accommodations and services for the traveling public and implement General Plan Land Use Policies 3.6.1 and 3.6.2 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 environment and upon existing land forms and landscapes, and that provide low-impact visitor activities and low-impact means of 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 The general property development standards for the C-T zone shall be as set forth in Table 2-19: C-T Zone Development Standards. See also Section 16.18.030 (Subdivisions; Lot Dimensions) for minimum lot dimensions. Table 2-19: C-T Zone Development Standards Development Standard C-T Zone Additional Regulations Maximum Residential Density 12 units/net acre See also Section 17.70.040 (Density). 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 Section 17.70.080 (Height Measurement and Exceptions) Maximum Lot Coverage 75% See also Section 17.70.120 (Lot Coverage) Maximum Floor Area Ratio 2.5 See also Section 17.70.060 (FAR Measurement and Exceptions) Minimum Lot Area 9,000 square feet See also Section 16.18.030 (Subdivisions; Lot Dimensions) Edge Condition Requirements See Section 17.70.050 (Edge Conditions) 17.34.030 – Additional Regulations A. Maximum Retail Sales Building Size in the C-T Zone. No retail sales establishment (commercial building) shall exceed 45,000 square feet of total gross floor area, unless excepted for nonconforming structures by Chapter 17.92 (Nonconforming Structures). Ordinance No. 1650 (2018 Series) EXHIBIT B Article 2: Zones 2-36 September 2018 Chapter 17.36. Service Commercial (C-S) Zone Sections: 17.36.010 – Purpose and Application 17.36.020 – Development Standards 17.36.030 – Additional Regulations 17.36.010 – 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’s other commercial zones. The C-S zone is also intended to accommodate certain storage, transportation, wholesaling, and light manufacturing uses. The C-S zone is intended to be applied primarily to areas that have more public exposure on arterial streets than areas reserved for manufacturing uses. 17.36.020 – Development Standards The general property development standards for the C-S zone shall be as set forth in Table 2-20: C-S Zone Development Standards. See also Section 16.18.030 (Subdivisions; Lot Dimensions) for minimum lot dimensions. Table 2-20: C-S Zone Development Standards Development Standard C-S Zone Additional Regulations Maximum Residential Density 24 units/net acre See also Section 17.70.040 (Density) 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 Building Height 35 feet See also Section 17.70.080 (Height Measurement and Exceptions) Maximum Lot Coverage 75% See also Section 17.70.120 (Lot Coverage) Maximum Floor Area Ratio 1.5 See also Section 17.70.060 (FAR Measurement and Exceptions) Minimum Lot Area 9,000 square feet See also Section 16.18.030 (Subdivisions; Lot Dimensions) Edge Condition Requirements See Section 17.70.050 (Edge Conditions) 17.36.030 – Additional Regulations A. Maximum Retail Building Size in the C-S zone. No retail establishment (commercial building) shall exceed 60,000 square feet of gross floor area, unless excepted for nonconforming structures per Chapter 17.92 (Nonconforming Structures). Ordinance No. 1650 (2018 Series) EXHIBIT B CITY OF SAN LUIS OBISPO Title 17 – ZONING REGULATIONS 2-37 September 2018 B. Offices in the C-S Zone. The approval of an office facility in the C-S 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. C. Medical Services in the C-S zone. The approval of a Medical Office, Dental Office, or Clinic in the C-S zone shall require that the review authority find that: 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; and 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. Ordinance No. 1650 (2018 Series) EXHIBIT B Article 2: Zones 2-38 September 2018 Chapter 17.38. Reserved Ordinance No. 1650 (2018 Series) EXHIBIT B CITY OF SAN LUIS OBISPO Title 17 – ZONING REGULATIONS 2-39 September 2018 Chapter 17.40. Manufacturing (M) Zone Sections: 17.40.010 – Purpose and Application 17.40.020 – Development Standards 17.40.030– Additional Regulations 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 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 Residential Density 24 units/net acre See also Section 17.70.040 (Density) 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 Section 17.70.080 (Height Measurement and Exceptions) Maximum Lot Coverage 75% See also Section 17.70.120 (Lot Coverage) Maximum Floor Area Ratio 1.5 See also Section 17.70.060 (FAR Measurement and Exceptions) Minimum Lot Area 9,000 square feet See also Section 16.18.030 (Subdivisions; Lot Dimensions) Edge Condition Requirements See Section 17.70.050 (Edge Conditions) 17.40.030– 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. Ordinance No. 1650 (2018 Series) EXHIBIT B Article 2: Zones 2-40 September 2018 B. Performance Standards. See also Chapter 17.74: Performance Standards. Ordinance No. 1650 (2018 Series) EXHIBIT B CITY OF SAN LUIS OBISPO Title 17 – ZONING REGULATIONS 2-41 September 2018 Chapter 17.42. Business Park (BP) Zone Sections: 17.42.010 – Purpose and Application 17.42.020 – Development Standards 17.42.030 – Additional Regulations 17.42.010 – Purpose and Application The BP zone is intended to provide for research and development, light manufacturing, and business services in a campus setting with high-quality design of public and private facilities. The BP zone 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 Section 17.70.080 (Height Measurement and Exceptions) Maximum Lot Coverage 75% See also Section 17.70.120 (Lot Coverage) Maximum Floor Area Ratio Warehousing, Storage and Distribution Uses: 1.0 All Other Uses: 0.6 See also Section 17.70.060 (FAR Measurement and Exceptions) Minimum Lot Area 9,000 square feet See also Section 16.18.030 (Subdivisions; Lot Dimensions) Edge Condition Requirements See Section 17.70.050 (Edge Conditions) Ordinance No. 1650 (2018 Series) EXHIBIT B Article 2: Zones 2-42 September 2018 17.42.030 – Additional Regulations A. Medical Services in the BP zone. The approval of a Medical Office, Dental Office, or Clinic in the BP zone shall require that the review authority find that: 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; and 3. The project will not preclude service commercial uses in areas especially suited for these uses when compared with medical services. Ordinance No. 1650 (2018 Series) EXHIBIT B CITY OF SAN LUIS OBISPO Title 17 – ZONING REGULATIONS 2-43 September 2018 Chapter 17.44. Reserved Ordinance No. 1650 (2018 Series) EXHIBIT B Article 2: Zones 2-44 September 2018 Chapter 17.46. Public Facility (PF) Zone Sections: 17.46.010 – Purpose and Application 17.46.020 – Development Standards 17.46.030 – Additional Regulations 17.46.010 – Purpose and Application The PF zone is intended to provide for a wide range of public, cultural, and quasi-public uses that meet the needs of City and County residents. Public uses are those conducted by governmental or nonprofit agencies. However, the PF zone also accommodates compatible private and commercial uses which, within the overall guidance of the General Plan, provide a public benefit. The zone is further intended to protect neighboring private uses from potentially incompatible public uses. 17.46.020 – Development Standards The general property development standards for the PF zone shall be as set forth in Table 2-23: PF Zone Development Standards. See also Section 16.18.030 (Subdivisions; Lot Dimensions) for minimum lot dimensions. Table 2-23: PF Zone Development Standards Development Standard PF Zone Additional Regulations Minimum Setback Front 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. Interior Side and Rear 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 Section 17.70.080 (Height Measurement and Exceptions) Maximum Lot Coverage 60% See also Section 17.70.120 (Lot Coverage) 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 See also Section 17.70.060 (FAR Measurement and Exceptions) Minimum Lot Area 6,000 square feet See also Section 16.18.030 (Subdivisions; Lot Dimensions) Edge Condition Requirements See Section 17.70.050 (Edge Conditions) 17.46.030 – Additional Regulations A. Maximum Building Height in PF Zone. These regulations are established to allow for City 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 of Major Development Review (see Chapter 17.106: Development Review). In addition to the criteria associated with Major Development Review (Section 17.106.050: Application Review), the approval of a building height above 35 feet shall require that the review authority also find: The public benefits associated Ordinance No. 1650 (2018 Series) EXHIBIT B CITY OF SAN LUIS OBISPO Title 17 – ZONING REGULATIONS 2-45 September 2018 with the project significantly outweigh any detrimental impacts from the additional height. In weighing potential public benefits, the Planning Commission shall consider objectives related to common parking facilities, economic vitality, historic preservation, and open space preservation to be especially important. Ordinance No. 1650 (2018 Series) EXHIBIT B Article 2: Zones 2-46 September 2018 Chapter 17.48. Planned Development (PD) Overlay Zone Sections: 17.48.010 – Purpose and Application 17.48.020 – Allowed Uses 17.48.030 – Development Standards 17.48.040 – Phasing 17.48.050 – Preliminary Development Plan Required 17.48.060 – Mandatory Project Features 17.48.070 – Process for Approval 17.48.080 – Final Development Plan 17.48.090 – Amendment to Final Development Plan 17.48.100 – Revocation of PD Zoning 17.48.010 – Purpose and Application A. Purpose. The PD overlay zone is intended to provide for flexibility in the application of zoning standards for proposed development. The purpose is to allow consideration of innovation in site planning and other aspects of project design—and more effective design responses to site features, land uses on adjoining properties, and environmental impacts—than the development standards of the underlying zone would produce without adjustment. The City expects each planned development project to be of significantly higher design quality, including more effective and attractive pedestrian orientation, environmental sensitivity, affordable housing, and the more efficient use of resources, than would be achieved through conventional design practices and standards. 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. B. Application. The requirements of this Chapter shall apply to all projects within the PD overlay zone. 17.48.020 – Allowed Uses Any use or combination of uses allowed by Section 17.10.020 (Use Regulations By Zone) within the underlying zone 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 underlying zone, or by the General 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 Underlying Zone. 1. Planning Permit Requirements. Development and new uses within the PD overlay zone shall obtain the permits required by Section 17.10.020 (Use Regulations By Zone) for the underlying zone. Ordinance No. 1650 (2018 Series) EXHIBIT B CITY OF SAN LUIS OBISPO Title 17 – ZONING REGULATIONS 2-47 September 2018 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. 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 this Title 17 (e.g., building height, floor area ratio, parcel size, parking, setbacks, etc.) or of the City’s subdivision regulations. The maximum density as allowed by cross-slope percent may be adjusted but shall not exceed the maximum density allowed in the average cross-slope category zero through 15 percent for the applicable zone. E. Qualifying Community Benefits. Each proposed project shall comply with Section 17.48.080 (Mandatory Project Features). 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 as set forth in Section 17.48.070 (Process for Approval). 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. 17.48.050 – Preliminary Development Plan Required In addition to any application requirements set forth in Chapter 17.04 (Permit Application Filing and Processing), an application for planned development shall be made to the Community Development Department and shall consist of a preliminary development plan, to include: A. A legal description of the total site involved; B. A statement of the objectives to be achieved by the planned development through the particular approach to be used by the applicant; C. A schedule indicating the approximate dates when construction of the development or stages of the development are to be started and completed; D. A quantified description of the total number and type of dwelling units, parcel sizes, coverage, modified and natural open space, grading, residential densities, and areas devoted to nonresidential uses; E. Identification of portions of the development which would otherwise require a Variance, and reason for the deviation from normal standards; F. A site plan and supporting maps, drawn to a suitable scale and clearly labeled, showing if applicable: 1. Existing site conditions, including contours, vegetation and water courses; 2. Proposed lot designs; 3. Location and floor area of existing and proposed buildings or outlines of areas within which buildings may be located; Ordinance No. 1650 (2018 Series) EXHIBIT B Article 2: Zones 2-48 September 2018 4. Location and size of all areas to be conveyed or reserved as common open spaces or for public or semipublic uses; 5. Existing and proposed circulation system of arterial, collector and local streets; off-street parking, loading, and emergency access areas; points of access to public rights-of-way; proposed ownership of circulation routes; 6. Existing and proposed sidewalks and paths; 7. Existing and proposed utility systems, including sanitary sewer, storm drainage, water, electricity, gas and telephone; 8. A general landscape plan; 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 Director to evaluate the character and impact of the planned development. 17.48.060 – 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 17.140: Affordable Housing Incentives 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 A. Planning Commission Recommendation. After giving notice as provided in Chapter 17.122 (Public Notices and Hearings), the Planning Commission shall hold a public hearing on the application. The Planning Commission may recommend approval, approval subject to certain modifications, or denial of the application. The decision of the Planning Commission shall be in the form of a recommendation to the Council and shall be rendered in writing, stating all modifications or conditions to be reflected in final development plan. B. Actions of the Council. After giving notice as provided in Chapter 17.122 (Public Notices and Hearings), the Council shall hold a public hearing on the application and the recommendations of the Planning Commission. The Ordinance No. 1650 (2018 Series) EXHIBIT B CITY OF SAN LUIS OBISPO Title 17 – ZONING REGULATIONS 2-49 September 2018 Council may approve, approve subject to certain modifications, or deny the proposal. The decision of the Council shall be rendered in writing, stating all modifications or conditions to be reflected in the final development plan. If it approves or conditionally approves the preliminary development plan, the Council shall approve the rezoning and the official zone map shall be amended to indicate approval of the planned development. C. Decision and Findings. Following a public hearing, the Planning Commission may recommend, and the Council may approve or disapprove a rezoning to apply the PD overlay zone in compliance with this Section. The Council may approve a rezoning to apply the PD overlay zone only after first making all of the following findings: 1. The project is consistent with the General Plan and any applicable specific plan; 2. The proposed land use is allowed within the applicable underlying zone; 3. The project complies with all applicable provisions of these Zoning Regulations other than those modified by the PD rezoning; 4. The approved modifications to the development standards of these Zoning Regulations are necessary and appropriate to accommodate the superior design of the proposed project, its compatibility with adjacent land uses, and its successful mitigation of environmental impacts; 5. The project complies with all applicable City design guidelines; 6. All affected public facilities, services, and utilities are adequate to serve the proposed project; 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 Plan; 8. The site is adequate for the project in terms of size, configuration, topography, and other applicable features; 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 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. 17.48.080 – Final Development Plan A. Within two years of approval or conditional approval of the development plan, the applicant shall file with the Community Development Department a final development plan. At his/her discretion and for good cause, the Director may extend the time for filing the final development plan for a period or periods not exceeding a total of three years. Ordinance No. 1650 (2018 Series) EXHIBIT B Article 2: Zones 2-50 September 2018 B. The final development plan shall include those items from Section 17.48.050 (Preliminary Development Plan Required) which describe the proposal, including division of land, type and location of all buildings and improvements, and so on, but it need not include information on existing conditions. C. The Director shall review and take action on the final development plan within 30 days of filing. He/she shall approve it upon finding that it is in substantial compliance with the preliminary development plan as approved or modified by the Council. Upon approval of the final development plan, the Director shall add the number of the planned development to the official zone map (for example, PD [9999]). Subsequently, all grading, construction, and landscaping shall comply with the approved final development plan. D. The final development plan may consist of final subdivision maps, building construction plans, grading plans, and so on that would normally be submitted in the course of development, and need not be a separate submittal. The Director shall determine the extent to which any additional documentation of development plans is required. E. No land division may be undertaken, and no construction begun within an area zoned PD until a final development plan has been approved. 17.48.090 – Amendment to Final Development Plan A. Minor differences in substantial conformance between the approved development plan and construction plans may be allowed by the Director, as authorized and defined in Section 17.102.020.D (Legislative Actions) and Chapter 17.108 (Director’s Action). B. Written requests for amendments to a final development plan may be approved by the Planning Commission after a public hearing, notice of which has been given as provided in Chapter 17.122 (Public Notices and Hearings). Amendments shall be limited to changes in the size and position of buildings; the number, area or configuration of lots; landscape treatment; phasing, and the like. C. Amendments may not include changes in proposed use, overall density, or overall configuration of the land uses and circulation features. Changes to these aspects may be accomplished only by reapplication and submittal of a new preliminary development plan. D. Amendments to large office PD ordinances approved by the Council prior to June 2003 may be approved under subsection B of this Section to allow changes in proposed use, provided those uses are determined by the Planning Commission to be consistent with the General Plan. E. These procedures apply whether or not all or part of the development has been built. 17.48.100 – Revocation of PD Zoning If a final development plan is not carried out in the time specified in the development plan or within an approved extension period, the Planning Commission and Council may remove the PD designation according to the usual procedure for City-initiated rezoning. Ordinance No. 1650 (2018 Series) EXHIBIT B CITY OF SAN LUIS OBISPO Title 17 – ZONING REGULATIONS 2-51 September 2018 Chapter 17.50. Specific Plan (SP) Overlay Zone Sections: 17.50.010 – Purpose and Application 17.50.020 – Allowed Uses and Development Standards 17.50.030 – Additional Regulations 17.50.010 – Purpose and Application 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. The SP overlay zone will be applied to areas for which a specific plan has been adopted or where the General Plan calls for a specific plan prior to development. 17.50.020 – Allowed Uses and Development Standards A. Allowed Uses. 1. Prior to Specific Plan Adoption. Prior to adoption of a specific plan, areas in the SP overlay zone shall 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. B. General Development Standards. Density, FAR, height, setbacks, lot coverage, parking, and any other listed development standards shall be as provided in the applicable specific plan. If the specific plan does not contain explicit provisions on these items, they shall be provided as required for the underlying zone. 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. Where a specific plan is silent with regard to particular development standards, the provisions of the underlying zone shall govern. Ordinance No. 1650 (2018 Series) EXHIBIT B Article 2: Zones 2-52 September 2018 Chapter 17.52. Special Focus Area (S-F) Overlay Zone Sections: 17.52.010 – Purpose and Application 17.52.020 – Allowed Uses 17.52.030 – Development Standards 17.52.010 – Purpose and Application 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/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 Plan Land Use Element Chapter 8 (Special Focus Areas) into regulations for the subsequent development of land. The S-F overlay zone will be applied to areas identified in Chapter 8 as Special Focus Areas, where the General Plan Land Use Element calls for special design concepts. 17.52.020 – Allowed Uses A. General. All uses within the special planning areas shall adhere to the requirements of the underlying zone 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 S-F overlay zone shall be interpreted by the review authority to achieve the development objectives of the applicable Special Focus Area. Where provisions of the underlying zone and Land Use Element Chapter 8 conflict, Land Use Element policies shall take precedence. B. Adopted Area Plan. Where an adopted area plan applies to an area with an S-F overlay zone, all projects shall comply with the provisions and regulations of the area 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. Ordinance No. 1650 (2018 Series) EXHIBIT B CITY OF SAN LUIS OBISPO Title 17 – ZONING REGULATIONS 2-53 September 2018 Chapter 17.54. Downtown (D) Overlay Zone Sections: 17.54.010 – Purpose and Application 17.54.020 – Allowed Uses and Development Standards 17.54.030 – Required Findings 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 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 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, Major Development Review approval shall be required (see Chapter 17.106: Development Review). 17.54.030 – Required Findings In addition to the criteria associated with Major Development Review (Section 17.106.050: Application Review), the approval of any project in the D overlay zone shall require that the review authority find: A. 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 B. 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 C. The project furthers the vision, principles, and goals of the Downtown Concept Plan; and D. 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; and E. 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. Ordinance No. 1650 (2018 Series) EXHIBIT B Article 2: Zones 2-54 September 2018 Chapter 17.56. Historical Preservation (H) Overlay Zone Sections: 17.56.010 – Purpose and Application 17.56.020 – Allowed Uses 17.56.030 – Development Standards 17.56.040 – Review Procedures 17.56.010 – Purpose and Application A. Purpose. The H overlay zone is established to identify parcels, areas, or structures that are architecturally or historically important, and (may be eligible for benefits offered through the City’s historical preservation program. B. Application. The H overlay zone may be applied to areas with any of the following characteristics: 1. The property is within an area where buildings with pre-1941 architectural styles create a recognizable character. 2. The property or area contains structures which are good or excellent examples of pre-1941 architecture, were designed by eminent architects or designers, or are community architectural landmarks. 3. The property or area contains structures that are included in the City’s Master List of Historical Resources. 4. The property, area, or structure was owned or occupied by someone who had a significant role in the history of the City, region, State, or nation. 17.56.020 – Allowed Uses Uses shall be regulated as provided in the underlying zone. 17.56.030 – Development Standards Property development standards shall be as established by the underlying zone. 17.56.040 – Review Procedures Municipal Code Chapter 14.01 establishes the review procedures for development applications for properties within the H overlay zone. Ordinance No. 1650 (2018 Series) EXHIBIT B CITY OF SAN LUIS OBISPO Title 17 – ZONING REGULATIONS 2-55 September 2018 Chapter 17.58. Mixed Use (MU) Overlay Zone Sections: 17.58.010 – Purpose and Application 17.58.020 – Allowed Uses 17.58.030 – Development and Design Standards 17.58.040 – Additional Regulations 17.58.010 – Purpose and Application 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 at the discretion of the property owner. The primary purpose of the MU overlay zone is to provide a means for the City to identify areas where the public health, safety, and welfare will be enhanced by requiring that all allowed development be in the form of mixed-use projects, where ground-floor street frontages are occupied by retail, business, or personal services uses and residential uses are located above or to the rear of a site. The MU overlay zone is intended to promote a compact city, to provide additional housing opportunities—including affordable housing opportunities— which is the first priority, and to reduce vehicle travel by providing services, jobs, and housing in proximity. The City desires the safety provided by having residential components in commercial areas. B. Application. 1. General. The requirements of this Chapter shall apply to all new development 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 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 17.10.020 (Use Regulations By Zone) 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 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 17.70.130 (Mixed- Use Development). Ordinance No. 1650 (2018 Series) EXHIBIT B Article 2: Zones 2-56 September 2018 17.58.040 – Additional Regulations A. Ordinance Contents. An ordinance adopting a MU overlay zone shall specify the following items and may include any other standard that would further the purpose and intent of this Chapter: 1. The types of uses which are required or allowed to be combined; 2. Any standards for the uses locations or their relationships to each other; and/or 2. Any issues specific to the site or the intended combination of uses which must be resolved by the design of the project. Ordinance No. 1650 (2018 Series) EXHIBIT B CITY OF SAN LUIS OBISPO Title 17 – ZONING REGULATIONS 2-57 September 2018 Chapter 17.60. Special Consideration (S) Overlay Zone Sections: 17.60.010 – Purpose and Application 17.60.020 – Allowed Uses 17.60.030 – Development Standards 17.60.040 – Required Findings 17.60.010 – Purpose and Application A. Purpose. The purpose of the S overlay zone is, in combination with any zone, to require additional discretionary review before particular uses may be established or development initiated, as identified in the adopting ordinance or plan for each individual S overlay zone. This requirement is intended to ensure compatibility of the use and development with its surroundings, or conformance with the General Plan, or to determine if a p roposed 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 shall specify the considerations to be addressed, which of the findings listed in Section 17.60.040 (Required Findings) will be required for project approval, and any additional findings or regulations. Each S Overlay shall have a unique name and identifying number. The overlay number indicated in the Ordinance shall be shown on the official zone map. 17.60.020 – Allowed Uses 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 uses of concern, any allowed or conditionally allowed use in the underlying zone may be established. 17.60.030 – Development Standards A. Development Review. Unless otherwise specified in the S overlay adopting ordinance, all new construction projects and additions to existing buildings shall be subject to Minor Development Review approval (see Chapter 17.106: Development Review). 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, etc., which are more restrictive than provided in the underlying zone. Ordinance No. 1650 (2018 Series) EXHIBIT B Article 2: Zones 2-58 September 2018 17.60.040 – Required Findings A. Primary Finding Required for All Projects. In addition to the findings and criteria associated with a Minor Use Permit or Minor 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. B. Project-Specific Findings. In addition to the finding required in subsection A (Primary Finding Required for All Projects) of this Section 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. 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 B.2 (Compatibility with Surroundings: Nonresidential Projects) of this Section. For such projects, the provisions of Section 17.110.070 (Required Findings) 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 to noise exposure. 5. Flood Hazard. Where the S overlay zone is applied to minimize 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. Ordinance No. 1650 (2018 Series) EXHIBIT B CITY OF SAN LUIS OBISPO Title 17 – ZONING REGULATIONS 2-59 September 2018 6. Airport Hazard. Where the S overlay zone is applied to ensure a project avoids significant 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 avoid significant impacts to historical resources, the approval of any project in the S zone shall require that the review authority find: that the project is designed and will be developed to be consistent with the Community Design Guidelines for historical resource preservation and applicable requirements of Municipal Code Chapter 14.01. 9. Scenic or Ecological Sensitivity. Where the S overlay zone is applied to avoid significant 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 potentially significant impacts related to scenic or ecological sensitivity. Ordinance No. 1650 (2018 Series) EXHIBIT B Article 2: Zones 2-60 September 2018 Chapter 17.62. Reserved Ordinance No. 1650 (2018 Series) EXHIBIT B CITY OF SAN LUIS OBISPO Title 17 – ZONING REGULATIONS 2-61 September 2018 Chapter 17.64. Airport (AOZ) Overlay Zone Sections: 17.64.010 – Purpose and Intent 17.64.020 – Applicability 17.64.030 – Procedures 17.64.040 – Development Standards and Uses 17.64.050 – Airport Overlay Zone 17.64.060 – Airspace Protection 17.64.070 – Noise 17.64.080 – Overflight Notice 17.64.090 – Open land 17.64.010 – Purpose and Intent The purpose and intent of the airport overlay zone is to: A. Implement the City’s General Plan policies to ensure that all land uses within the airport overlay zone (AOZ) are consistent with the State Aeronautics Act, State law, Federal Aviation Administration Regulations, and guidance of the California Airport Land Use Planning Handbook; B. Ensure that land uses and development within the airport overlay zone (AOZ) are compatible with existing and future airport operations; C. Prohibit the establishment of incompatible uses and further expansion of incompatible uses which could detrimentally affect long-term economic vitality of the 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 which could represent a hazard to existing and future flight operations. E. Recognize unique constraints and considerations which apply to properties potentially affected by airport operations by establishing regulations and review criteria for land use and development which apply specifically to properties within the airport overlay zone (AOZ). F. Recognize the boundary of the San Luis Obispo County regional airport land use plan (ALUP) within the city limits by establishment of an airport overlay zone (AOZ). (Ord. 1610 § 5 (part), 2014) 17.64.020 – Applicability Regulations in this Chapter shall apply to all uses, activities, and existing and proposed development on properties within safety zones S-1b, S-1c, and S-2 designated in the ALUP. Should an override action be taken, the City shall ensure that development is consistent with direction in the State Aeronautics Act, the FAA regulations, and guidance provided in the Caltrans Division of Aeronautics Airport Land Use Planning Handbook. New development and land uses within the runway protection zone and S-1a ALUP safety zones shall be consistent with provisions of the ALUP. A. Specific Plans. For properties located within the AOZ which also are located within specific plans, development regulations, standards, and policies shall be followed per respective specific plans. In cases where policies or standards are not provided within the specific plan, the policies and standards within this Chapter will apply in Ordinance No. 1650 (2018 Series) EXHIBIT B Article 2: Zones 2-62 September 2018 addition to other applicable Zoning Regulations, General Plan, or other standards and regulations that apply to the project or land use. In no case will a land use, activity, or development be allowed to violate airspace protection standards of Section 17.64.060 (Airspace Protection). B. Existing Development and Land Uses. Nonconforming uses and structures shall comply with airspace protection standards of Section 17.64.060 (Airspace Protection), which prohibit any activities that pose a risk to flight operations within the airport overlay zone (AOZ). Existing land uses that are not consistent with the airport overlay zone (AOZ) are nonconforming uses and may continue, but may not expand more than 10 percent beyond the permitted project size at the time of adoption of the AOZ. No increase in density for nonconforming residential land uses is permitted. Nonconforming uses shall comply with Zoning Regulations Chapters 17.92 (Nonconforming Structures) and 17.94 (Nonconforming Uses) provisions for expiration of nonconforming status and proposed changes in land use which do not conform to the AOZ. 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) 17.64.030 – Procedures A. Approval. All ministerial and discretionary actions within the airport overlay zone shall be reviewed for consistency with this Chapter prior to approval. B. Mandatory Findings for Approval. When a project or activity is subject to discretionary actions requiring a public hearing or notice, the applicable review authority shall make all of the following findings, as applicable: 1. The project or use complies with the noise compatibility policies of the airport overlay zone (AOZ). 2. The project or use complies with residential and nonresidential density standards in Table 2-24: Airport Overlay Zone [AOZ] – Maximum Allowed Persons. 3. The project or use complies with Table 2-24 of the applicable airport overlay zone. 4. The project or use complies with the airspace protection policies of the airport overlay zone. 5. The project or use complies with the overflight policies of the airport overlay zone. C. Amendments. Other than general plan, specific plan, or Zoning 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 plan land use amendments, zoning amendments, and specific plan amendments that impact density or intensity of development within the airport overlay zone (AOZ) shall be referred to the airport land use commission for a determination of compatibility with the adopted airport land use plan. D. Overrule Provisions. Should the San Luis Obispo County airport land use commission (ALUC) update the San Luis Obispo County regional airport land use plan (ALUP), the City Council of the City of San Luis Obispo shall Ordinance No. 1650 (2018 Series) EXHIBIT B CITY OF SAN LUIS OBISPO Title 17 – ZONING REGULATIONS 2-63 September 2018 review the updated ALUP and either make changes to applicable general plan sections, zoning, and implementing ordinances, or the Council may, pursuant to Public Utilities Code Section 21676(b), overrule the ALUC.(Ord. 1610 § 5 (part), 2014) 17.64.040 – Development Standards and Uses 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. A. Allowable Uses and Nonresidential Density. Table 2-24 lists the uses that are appropriate in the airport land use plan safety zones S-1b, S-1c and S-2. Table 2-24 includes maximum density standards for the safety zones listed above which shall be calculated in accordance with the following method: 1. Nonresidential Density Calculation. Calculations of nonresidential density shall be based on requirements of Section 17.72.030 (Required Parking Spaces), 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. (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 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. 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 17.64: Airport Overlay Zone (AOZ). Development and uses within the runway protection zone (RPZ) and ALUP area S-1a shall be consistent with provisions of the ALUP. Most areas within the airport overlay zone (AOZ) are located within specific plan areas. Areas within the AOZ which are located in specific plans designated with SP zoning shall follow regulations within their respective specific plans. C. Interpretation of Use Listing. The Director, subject to the appeal procedures of Chapter 17.126 (Appeals), shall determine whether uses which are not listed shall be deemed allowed or allowed subject to 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 2-24. Ordinance No. 1650 (2018 Series) EXHIBIT B Article 2: Zones 2-64 September 2018 Ordinance No. 1650 (2018 Series) EXHIBIT B CITY OF SAN LUIS OBISPO Title 17 – ZONING REGULATIONS 2-65 September 2018 Ordinance No. 1650 (2018 Series) EXHIBIT B Article 2: Zones 2-66 September 2018 Ordinance No. 1650 (2018 Series) EXHIBIT B CITY OF SAN LUIS OBISPO Title 17 – ZONING REGULATIONS 2-67 September 2018 Ordinance No. 1650 (2018 Series) EXHIBIT B Article 2: Zones 2-68 September 2018 (Ord. 1610 § 5 (part), 2014) 17.64.050 – Airport Overlay Zone The safety zone boundaries described within the airport overlay zone are consistent with the adopted San Luis Obispo County regional airport land use plan. (Ord. 1610 § 5 (part), 2014) 17.64.060 – 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 plan and apply to land uses and development within the airport overlay zone as summarized below: 1. Objects Affecting Navigable Airspace. Federal Aviation Regulation (FAR Part 77) and Public Utility 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 Ordinance No. 1650 (2018 Series) EXHIBIT B CITY OF SAN LUIS OBISPO Title 17 – ZONING REGULATIONS 2-69 September 2018 “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 Section: 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 200 feet above ground level or may exceed one foot in height for every 100 feet from the edge of the nearest point on the runway for a distance up to 20,000 feet. Filing Form 7460-1 with the FAA will initiate an aeronautical study that will ensure a proposed structure does not constitute a hazard to air navigation or would not create an unsafe condition for air navigation, including impeding any en route or terminal (airport) instrument procedures as per 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. 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 airport overlay zone (AOZ) which could pose a hazard to flight operations, including but not limited to the following: a. Glare or distracting lights that could be mistaken for airport lights; b. Sources of dust, heat, steam, or smoke that may impair pilot vision, or light shows, or laser shows or spotlights; c. Any emissions that may cause thermal plumes or other forms of unstable air that generate turbulence within the flight path; d. Sources of electrical interference with aircraft communications or navigation; e. Features that create an increased attraction for wildlife that may be hazardous to airport operations such as attraction of birds to the extent of creating a significant hazard of bird strikes (examples are outdoor storage or disposal of food or grain, or large, artificial water features; this provision is not intended to prevent enhancement or protection of existing wetlands or the mitigation of wetlands impacts). Features which may pose these risks shall be reviewed for consistency with the FAA’s Advisory Circular 150/5200- 33B, Hazardous Wildlife Attractants on or Near Airports; and f. Entails 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) 17.64.070 – Noise A. Airport Related Noise. Noise compatibility standards are intended to prevent the establishment of noise- sensitive land uses in portions of the airport environ that are exposed to significant levels of aircraft noise. Where permitted within the airport overlay zone (AOZ), the following noise-sensitive land uses shall comply with applicable noise exposure criteria: Ordinance No. 1650 (2018 Series) EXHIBIT B Article 2: Zones 2-70 September 2018 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 2-9 (Airport Noise Contours). a. New Residential Development. New residential uses within the 60 dB CNEL contour as depicted in Figure 2-9 (Airport Noise Contours) shall demonstrate consistency with maximum noise levels by providing noise analysis, construction details, or other information deemed necessary by the Director to verify conformance with maximum interior noise levels. 2. Interior Noise Levels Not to Exceed 45 dB CNEL. For the following noise-sensitive land uses, aircraft-related interior noise levels shall not exceed 45 dB CNEL (with windows closed): a. Living or sleeping areas of single or multi-unit residences; b. Hotels and motels; c. Hospitals and nursing homes; d. Places of worship, meeting halls, and mortuaries; and e. Schools, libraries and museums. 3. Interior Noise Levels Not to Exceed 50 dB CNEL. For the following noise-sensitive land uses, aircraft- related interior noise levels shall not exceed 50 dB CNEL (with windows closed): a. Office environments; b. Eating and drinking establishments; and c. Other miscellaneous commercial facilities. (Ord. 1610 § 5 (part), 2014) 17.64.080 – Overflight Notice Aircraft overflight standards are intended to provide overflight notification for land uses near the San Luis Obispo County regional airport. It shall be the responsibility of all owners of property offered for sale or for lease within the airport overlay zone (AOZ) to provide a disclosure prior to selling or leasing property in San Luis Obispo as specified in the airport land use plan. All discretionary actions shall include a condition of approval requiring all owners of property offered for sale or for lease within the airport overlay 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) Ordinance No. 1650 (2018 Series) EXHIBIT B CITY OF SAN LUIS OBISPO Title 17 – ZONING REGULATIONS 2-71 September 2018 17.64.090 – Open Land A. Open Land. Open land areas are intended to increase the chances of a pilot successfully landing an aircraft in an emergency situation where they are unable to reach the runway. The City has identified properties to contain open land areas as follows: 1. Airport Area Specific Plan: 250 acres on the Chevron property with two areas specifically improved to meet ALUC standards; and a 300-foot-wide strip adjacent to Buckley Road (24 acres) on the Avila Ranch site. 2. Margarita Area Specific Plan: two open land areas amid clustered development. 3. Laguna Lake public park open area: outside of AOZ but within the approach surface. 4. Brughelli property easement south of Buckley Road. 5. San Luis Ranch Specific Plan area, west of Highway 101 and south of Dalidio Drive. 6. City open space areas within the airport overlay zone. Where open space or conservation easements have been obtained and the topography supports it, the City shall not allow uses to be established that conflict with their availability to be used as a landing option in the event of an emergency. Where easements have yet to be obtained, the City 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. Ordinance No. 1650 (2018 Series) EXHIBIT B Article 2: Zones 2-72 September 2018 (Ord. 1610 § 5 (part), 2014) Figure 2-29: Airport Noise Contours Ordinance No. 1650 (2018 Series) EXHIBIT B CITY OF SAN LUIS OBISPO Title 17 – ZONING REGULATIONS 2-73 September 2018 Chapter 17.66. Reserved Ordinance No. 1650 (2018 Series) EXHIBIT B CITY OF SAN LUIS OBISPO Title 17 – ZONING REGULATIONS 3-1 September 2018 ARTICLE 3: REGULATIONS AND STANDARDS APPLICABLE TO ALL ZONES Chapter 17.68. Purpose The purpose of this Article is to prescribe development and site regulations that apply, except where specifically stated, to development in all zones. These standards shall be used in conjunction with the standards for each zone established in Article 2 (Zone, Allowable Uses, and Development and Design Standards). In any case of conflict, the standards specific to the zone shall override these regulations. Chapter 17.70. Site Development and General Development Standards Sections: 17.70.010 – Accessory Structures 17.70.020 – Reserved 17.70.030 – Creek Setbacks 17.70.040 – Density 17.70.050 – Edge Conditions 17.70.060 – FAR Measurement and Exceptions 17.70.070 – Fences, Walls, and Hedges 17.70.080 – Height Measurement and Exceptions 17.70.090 – Hillside Development Standards 17.70.100 – Lighting and Night Sky Preservation 17.70.110 – Lot Area 17.70.120 – Lot Coverage 17.70.130 – Mixed-Use Development 17.70.140 – Public Art Requirements for Private Development 17.70.150 – Rooftop Uses 17.70.160 – Satellite Dish Antenna 17.70.170 – Setbacks 17.70.180 – Showers, Lockers, and Changing Rooms 17.70.190 – Pools and Pool Equipment – Location 17.70.200 – Trash Enclosure Standards 17.70.210 – Vision Clearance Triangle At Intersection 17.70.220 – Water-Efficient Landscape Standards 17.70.010 – Accessory Structures A. Purpose. 1. 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. Unpermitted conversion of accessory structures is detrimental to the public health, safety, and welfare of the community. Ordinance No. 1650 (2018 Series) EXHIBIT B Article 3: Regulations Applicable to All Zones 3-2 September 2018 B. Applicability. 1. Application. This Section shall apply to: a. New Structures. All new structures, as defined in the Building Code, located on 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. b. Decks and Patios. Decks and patios that are 30 inches above the ground elevation, excluding aboveground pools. 2. Exclusion. This Section shall not apply to legally established dwellings, accessory dwelling units as defined in Section 17.156.004 (A Definitions), and guest quarters as defined in Section 17.158.018 (G Definitions). Accessory structures that include habitable space, as defined by the California Building Code, shall be regulated by Section 17.86.020 (Accessory Dwelling Units and Guest Quarters). C. Development Standards. 1. General Development Standards. Accessory structures shall 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. 3. Form. Accessory structures may consist of detached structures or additions to primary structures. 4. 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. Limit 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. D. Process Requirements. 1. Building Permit. Development of an accessory structure shall require approval of a building permit from the City’s Building Division. 2. Design Review. Plans submitted for a building permit shall be reviewed for consistency with the City’s Community Design Guidelines and general development requirements of the Zoning Regulations. 3. Owners Agreement with the City. Prior to the issuance of construction permits, a covenant agreement shall be recorded that 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 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 Section and Health and Safety Codes. 17.70.020 – Reserved Ordinance No. 1650 (2018 Series) EXHIBIT B CITY OF SAN LUIS OBISPO Title 17 – ZONING REGULATIONS 3-3 September 2018 17.70.030 – Creek Setbacks A. Purpose. Creek setbacks are intended to: 1. Protect scenic resources, water quality, and natural creekside habitat, including opportunities for wildlife habitation, rest, and movement; 2. Further the restoration of damaged or degraded habitat, especially where a continuous riparian habitat corridor can be established; 3. Allow for natural changes that may occur within the creek corridor; 4. Help avoid damage to development from erosion and flooding; and 5. Enable implementation of adopted City plans. B. Waterways Subject to Setbacks. Creek setback requirements shall apply to all creeks as defined in the General Plan Open Space Element and shown on that element’s creek map, and only to those creeks. C. Measurement of Creek Setbacks. Creek setbacks shall be measured from the existing top of bank (or the future top of bank resulting from a creek alteration reflected in a plan approved by the City), or from the edge of the predominant pattern of riparian vegetation, whichever is farther from the creek flow line (Figure 3-1: Creek Setbacks). Top 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 (e.g., the Director will not base the setback line on individual trees or branches extending out from the channel or on small gaps in vegetation extending toward the channel). Where riparian vegetation extends over a public street, no creek setback is required on property which is on the side of the street away from the creek. D. Plan Information. The location of top of bank and of riparian vegetation shall be shown on all project plans subject to City approval. The location of these features is subject to confirmation by the Director, based on observation of actual conditions and, as needed, the conclusions of persons with expertise in hydrology, biology, or geology. E. Creek Setback Dimensions. Different setback dimensions are established in recognition of different lot sizes and locations of existing structures for areas within the City in comparison with areas that may be annexed, and in response to different sizes of the creek channels and tributary drainage areas. 1. Creeks within the 1996 City Limits. Along all creeks within the City limits as of July 1, 1996, the setback shall be 20 feet, except as provided in subsections E.3, E.4, and G of this Section. Where the City limit follows a creek, the setback on the side within the 1996 City limits shall be 20 feet, and the setback on the annexed side shall be as provided in subsection E.2 of this Section. 2. Creeks in Areas Annexed After 1996. Along any creek in an area annexed to the City after July 1, 1996, the following setbacks shall be provided, unless a specific plan or development plan approved by the Council provides a larger or smaller setback, consistent with the purpose of these Zoning Regulations and with General Plan policies: a. 50-Foot Setbacks. The setback along the following shall be 50 feet: San Luis Obispo Creek (all of main branch); San Luis Obispo Creek East Fork, from San Luis Obispo Creek (main branch) to the confluence with Acacia Creek; and Stenner Creek. Ordinance No. 1650 (2018 Series) EXHIBIT B Article 3: Regulations Applicable to All Zones 3-4 September 2018 b. 35-Foot Setbacks. The setback along the following shall be 35 feet: Prefumo Creek; Froom Creek; Brizziolari Creek; San Luis Obispo Creek East Fork tributary, from the confluence with Acacia Creek to Broad Street (Highway 227); Acacia Creek and its tributaries west of Broad Street (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. 20-Foot Setbacks. The setback along all creeks except those listed in subsections E.2.a and E.2.b of this Section shall be 20 feet. (Informational map is available in the Community Development Department.) 3. Additional Upper Story Setbacks. Where the zone allows more than two stories, an additional 10-foot step back (upper story building setback) shall be provided beginning at the third story level. The upper story step back 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 City plans, when approving a discretionary application the City may require setbacks larger than required by subsections E.1 and E.2 of this Section, or further limitations on the items which may be placed within setbacks. Also, other City regulations may restrict or prevent development in a floodway or floodplain. 5. Prior Approvals. Where the City has explicitly approved a creek setback smaller than required by this Section prior to adoption of these regulations, that smaller setback shall remain in effect so long as the approval is in effect. F. 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: 1. Structures larger than 120 square feet 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. Replacement Structures. Where a structure lawfully existed on or before October 3, 1996 within a creek setback required by this Section, the provisions 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 in compliance with subsection G.4 of this Section. 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 17.70.170.D.1.b (Reduced Front or Street Side Setback for New Structure Providing Additional Creek Setback). b. Additional floor area shall not be added to the encroaching part of the structure (e.g., by adding stories). Ordinance No. 1650 (2018 Series) EXHIBIT B CITY OF SAN LUIS OBISPO Title 17 – ZONING REGULATIONS 3-5 September 2018 c. The part of a structure that is nonconforming due solely to the creek setback encroachment may be remodeled without regard to the limits of Section 17.92.020 (Limits on Reconstruction – Exceptions) of these Zoning Regulations. 2. 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 in compliance with the City’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 Regulations. a. Walls or fences, provided that in combination with buildings they enclose not more than one-half of the setback area on any development site. b. For a single-unit dwelling: uncovered parking spaces. c. Patios and pervious walkways. However, impervious pedestrian walkways and bicycle paths shall require a Director’s Hearing as provided in subsection G.4. of this Section. d. Decks, stairs, and landings that are no more than 30 inches in height, as measured from adjacent existing grade. e. One-story, detached buildings used as tool and storage sheds, play houses, and similar uses, provided the projected roof area does not exceed 120 square feet. No more than one such building is allowed per parcel. f. Garden structures such as trellises, arbors, and gazebos, provided they are constructed using an open lattice design and light-weight materials. g. 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 heaters and related enclosures, and bay or other projecting windows that do not include usable floor space. 4. Director’s Hearing for Exceptions. a. Intent. The Director, through a Director’s Hearing, may act to approve an exception to the creek setback requirements of this Section 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. b. Application Type. A creek setback smaller than required by this Section 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, 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 a Director’s Hearing. Ordinance No. 1650 (2018 Series) EXHIBIT B Article 3: Regulations Applicable to All Zones 3-6 September 2018 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, in addition to any other required findings associated with the project application under which the request is considered: (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 (2) The exception will not limit the City’s design options for providing flood control measures that are needed to achieve adopted City flood policies; and (3) The exception will not prevent the implementation of City-adopted plans, nor increase the adverse environmental effects of implementing such plans; and (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 (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 (6) The exception will not be detrimental to the public welfare or injurious to other property in the area of the project or downstream; and (7) Site development cannot be feasibly accomplished with a redesign of the project; and (8) 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. Biological Survey. A biological survey by a qualified, independent person shall be required for each creek setback exception request to provide the basis for making the required findings above, unless waived by the Director upon determining that no purpose would be served by such a survey because no biological resources could be affected by the exception. Ordinance No. 1650 (2018 Series) EXHIBIT B CITY OF SAN LUIS OBISPO Title 17 – ZONING REGULATIONS 3-7 September 2018 Figure 3-1: Creek Setbacks 17.70.040 – Density A. Determination of Allowed Development. 1. Density Calculation – General. In the AG, C/OS, R-1 zones, each single-unit dwelling counts as one density unit. In the other zones, different size dwellings have density unit values as follows: a. Studio and one-bedroom dwellings less than 600 square feet = 0.50 unit; b. One-bedroom dwellings between 601 and 1,000 square feet = 0.66 unit; c. Two-bedroom dwelling = 1.00 unit; d. Three-bedroom dwelling = 1.50 units; e. Dwelling with four or more bedrooms = 2.00 units. Ordinance No. 1650 (2018 Series) EXHIBIT B Article 3: Regulations Applicable to All Zones 3-8 September 2018 2. Maximum Development Density – Sloped Sites. a. General. In all zones, unless otherwise specified, the maximum development density allowed on a given lot or land area shall be based on the average cross-slope of the site (see Section 17.70.090.B: Average Cross-Slope Calculation) and 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. 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 15 percent slope for the appropriate zone. (See also Section 17.96.020.D, Nonconforming Lots – Regulations.) 3. Maximum Residential Development Potential. Maximum residential development potential shall be the net lot area (in whole and fractional acres), multiplied by the maximum density allowed (in density units per acre) according to Subsections A.1 through A.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. B. Density Transfer. 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 17.48: Planned Development (PD) Overlay Zone. 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. Ordinance No. 1650 (2018 Series) EXHIBIT B CITY OF SAN LUIS OBISPO Title 17 – ZONING REGULATIONS 3-9 September 2018 D. Density Bonus for Low-Income and Moderate-Income Housing. Pursuant to California Government Code Section 65915, the City may negotiate a density bonus or other benefits in exchange for provision of housing affordable to households with very low, low, or moderate income, as defined in the Government Code, and as stipulated in Chapter 17.140: Affordable Housing Incentives of these regulations. E. Density in Hotels. For hotels and motels, maximum density includes dwelling units located in hotels and motels, but does not include other hotel or motel units/rooms. 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 3-2: Edge Conditions Zones as “Zones Receiving Transition”. For the purposes of this Section, 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 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 Section shall not apply. 2. The requirements of this Section shall not apply to development of a wireless communications facility. D. Standards. 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 17.12 through 17.64, 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 Ordinance No. 1650 (2018 Series) EXHIBIT B Article 3: Regulations Applicable to All Zones 3-10 September 2018 Table 3-3: Edge Conditions Minimum Setbacks Maximum Building Height Minimum Required Setback 29 – 31 feet 19 feet 32 – 33 feet 21 feet 34+ feet 23 feet Figure 3-2: Edge Conditions Interior Side and Rear Setbacks and Building Height 3. Upper Level Open Space Orientation and Setbacks. Balconies and terraces are prohibited above the first floor on the building side facing an adjacent zone receiving transition. 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. All such permitted rooftop open spaces and terraces shall incorporate features that guard against noise impacts on adjacent properties located within a zone receiving transition consistent with standards set forth in Chapter 9.12 (Noise Control) of the Municipal Code. 5. Windows. All windows along any facade facing a property in a zone receiving transition 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 property in a zone receiving transition, with the intent of preserving privacy and avoiding having windows immediately opposite each other. E. 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. Ordinance No. 1650 (2018 Series) EXHIBIT B CITY OF SAN LUIS OBISPO Title 17 – ZONING REGULATIONS 3-11 September 2018 F. Trash and Recycling. 1. 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. 2. 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. G. 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. H. Mechanical Service and Loading Areas. Service and loading areas shall be screened from zones receiving transition. When located in proximity to residential uses in zones receiving transition, techniques such as block walls, enhanced setbacks, or enclosed loading or equipment shall be used to minimize adverse impacts from vehicular noise and noise from mechanical equipment. 17.70.060 – FAR Measurement and Exceptions A. Measurement – Generally. Floor area ratio (FAR) 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, and 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 250 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. Ordinance No. 1650 (2018 Series) EXHIBIT B Article 3: Regulations Applicable to All Zones 3-12 September 2018 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 – Fences, Walls, and Hedges A. Purpose. 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. Application. These regulations apply to any type of visible or tangible obstruction that 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. C. Standards for Fences Located within Required Setbacks. Fences, walls or hedges may be placed within required setbacks, provided they do not exceed maximum height limitations and comply with the following standards: 1. Fence Height within Front Setback. The maximum height of a fence, wall, or hedge shall not exceed six feet; except within 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 Section 17.70.210 (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 Section 17.70.210 (Vision Clearance Triangle at Intersections). Ordinance No. 1650 (2018 Series) EXHIBIT B CITY OF SAN LUIS OBISPO Title 17 – ZONING REGULATIONS 3-13 September 2018 Figure 3-4: Fence, Wall, and Hedge Maximum Height in Street Side Setbacks (Corner Lots) 3. Driveway Gates. In the R-1 zone, gates across driveways shall be set back a minimum of 10 feet behind the property line. In all other zones, gates across driveways shall allow for adequate space to queue vehicles entering the property. 4. 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. 5. Arbors, Trellises, and Ornamental Features. a. General. Arbors, trellises, and other similar ornamental features are allowed within a required setback subject to the same height limits that apply to fences, walls, and hedges, except as provided in subsection C.5.b of this Section, below. b. Street Side and Front Setback. Up to one arbor, trellis, or other similar ornamental feature per street frontage is 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 18 inches and that exceeds the usual fence height requirements of this Section shall be of an open design such that a person standing on the adjacent public right-of-way can see completely through at least 50 percent of the structure to the depth of the required street yard (see Figure 3-5: Arbors in Front and Street Side Setbacks.) Such features within required setbacks shall not be connected to another structure or building. 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 Section 17.70.210 (Vision Clearance Triangle at Intersections). Ordinance No. 1650 (2018 Series) EXHIBIT B Article 3: Regulations Applicable to All Zones 3-14 September 2018 Figure 3-5: Arbors in Front and Street Side Setbacks 6. 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 18 inches, provided that the decorative element is not wider than 18 inches and that such elements are used to define a gateway or other entryway or are otherwise at least four feet apart. D. Standards for Fences Located Outside of Required Setback Areas. Fences, walls, and arbors may be placed outside required setbacks, 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 a building, it may be any height allowed in the underlying zone. E. Fence Height with Difference in Grade. Fence height is measured from the adjacent grade along the lower side of the wall, fence, or hedge, directly at the base of the wall or fence. 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 interior side or rear setbacks, fences shall not exceed six feet as measured from the uphill side if 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 permit is required for the combined fence and retaining wall height that exceed six feet. 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 17.108 (Director’s Action). For retaining walls in hillside areas, see also Section 17.70.090.C.3 (Retaining Walls). G. Intersection and Driveway Visibility. Notwithstanding other provisions of this Section, fences, walls, and hedges shall comply with Section 17.70.210 (Vision Clearance Triangle at Intersections). Ordinance No. 1650 (2018 Series) EXHIBIT B CITY OF SAN LUIS OBISPO Title 17 – ZONING REGULATIONS 3-15 September 2018 H. Director’s Action. The Director, through a Director’s Action, may grant exceptions to standards of this Section as set forth in Chapter 17.108 (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 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 or structure shall be measured as the vertical distance from the average level of highest 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 subsection C of this Section. 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 onsite improvements. (See Figure 3-6: Measurement of Structure Height: Flat Ground and Slopes of Less than 15 Percent.) Figure 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 subsection C of this Section. 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 onsite improvements. (See Figure 3-7 Measurement of Structure Height: Slopes of 16 Percent of Greater.) Ordinance No. 1650 (2018 Series) EXHIBIT B Article 3: Regulations Applicable to All Zones 3-16 September 2018 Figure 3-7: Measurement of Structure Height: Slopes of 16 Percent or Greater C. Exceptions. 1. Setbacks and Building Heights. See also Sections 17.16.020.B (R-1 Zone, Interior Side and Rear Setback Standards), 17.18.020.B (R-2 Zone, Interior Side and Rear Setback Standards), 17.20.020.B (R-3 Zone, Interior Side and Rear Setback Standards), 17.22.020.B (R-4 Zone, Interior Side and Rear Setback Standards), 17.24.020.B (O Zone, Interior Side and Rear Setback Standards), 17.26.020.B (C-N Zone, Interior Side and Rear Setback Standards), and Section 17.70.050.D.2 (Edge Conditions - Setbacks) for relationship of setbacks 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 10 feet above the maximum building height. See Section 17.70.160 (Satellite Dish Antennae) for restrictions on roof-mounted satellite antennae. See Section 17.86.290 (Wireless Telecommunications Facilities) pertaining to site development and performance standards for wireless communications facilities. 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.E (Maximum Building Height in the C-D Zone) and Section 17.46.030 (Public Facility Zone, Additional Regulations), respectively. b. Affordable Housing Exceptions. For height exceptions provided in exchange for affordable housing, see Chapter 17.140 (Affordable Housing Incentives). c. Other Exceptions. Any other exception to the height limits requires approval of a Variance as provided in Chapter 17.114 (Variances). D. Signs. For height limits of signs, see Chapter 15.40, Sign Regulations. 17.70.090 – Hillside Development Standards A. Purpose and Application. 1. Purpose. The purpose of this Section is to implement goals of the Conservation and Open Space and Land Use Elements of the General Plan: Ordinance No. 1650 (2018 Series) EXHIBIT B CITY OF SAN LUIS OBISPO Title 17 – ZONING REGULATIONS 3-17 September 2018 a. To protect 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 Section shall apply to all lots and sites that have an average cross slope of 16 percent or more (see Section 17.70.090.B: Average Slope Calculation). The Director may require a survey and slope analysis to determine whether the provisions of this Section apply to a specific property or development. Notwithstanding the requirements of this Section, 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 onsite grading necessary to accommodate proposed right-of-way improvements and other onsite improvements. 3. Cross-slope shall be calculated only for the net area as defined in Section 17.70.110 (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: a. See Section 17.70.040.A.2 (Maximum Development Density – Sloped Sites) for maximum density in hillside areas. b. See Section 17.70.090.B (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. Ordinance No. 1650 (2018 Series) EXHIBIT B Article 3: Regulations Applicable to All Zones 3-18 September 2018 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 subsection D of this Section. 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. 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. Ordinance No. 1650 (2018 Series) EXHIBIT B CITY OF SAN LUIS OBISPO Title 17 – ZONING REGULATIONS 3-19 September 2018 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. D. Director’s Action. The Director may grant exceptions to standards of this Section as set forth in Chapter 17.108 (Director’s Action), subject the following additional findings: 1. Intent. The Director, through a Director’s Action, may act to approve an exception to the hillside requirements of this Section 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. 2. Application Type. A hillside regulation less than required by this Section 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. 3. 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: a. The proposed alternative complies with and furthers the intent of this Section; and b. 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 c. The location and design of the feature receiving the exception will minimize impacts to scenic resources and will not hinder opportunities for wildlife habitation, rest, and movement; and d. The exception will not prevent the implementation of City-adopted plans, nor increase the adverse environmental effects of implementing such plans; and e. 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 f. 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 g. The exception will not be detrimental to the public welfare or injurious to other property in the area of the project; and Ordinance No. 1650 (2018 Series) EXHIBIT B Article 3: Regulations Applicable to All Zones 3-20 September 2018 h. Site development cannot be feasibly accomplished with a redesign of the project or 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. Minor Development Review. Hillside development shall require approval of Minor Development Review 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 Night Sky Preservation. A. Purpose. 1. These outdoor lighting regulations are intended to encourage lighting practices and systems that will: a. Permit reasonable uses of outdoor lighting for nighttime safety, utility, security, and enjoyment while preserving the ambience of night; b. Curtail and reverse any degradation of the nighttime visual environment and the night sky; c. Minimize glare and obtrusive light by limiting outdoor lighting that is misdirected, excessive, or unnecessary; d. Help protect the natural environment from the damaging effects of night lighting; e. Meet the minimum requirements of the California Code of Regulations for Outdoor Lighting and Signs (Title 24, Chapter 6). 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. B. Application 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 the application, submit sufficient information to enable the Community Development Department to determine whether the proposed lighting complies with the provisions of this Section. The application shall include the following: a. A site plan indicating the proposed location of all outdoor lighting fixtures that are not exempted by subsection F of this Section. 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. Ordinance No. 1650 (2018 Series) EXHIBIT B CITY OF SAN LUIS OBISPO Title 17 – ZONING REGULATIONS 3-21 September 2018 c. Photometric plans depicting the location of all light poles and building-mounted lighting fixtures and a maximum 10-foot by 10-foot grid of both the initial and maintained lighting levels on the site, and including impact on adjacent properties. d. The project lighting plan shall be coordinated with any associated landscaping plan to prevent site planning conflicts. e. Any other information the Director may determine is necessary to ensure compliance with the provisions of this Section. 2. The Director may waive any or all of these requirements if compliance can be determined based on available information. C. Operational 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. 2. 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. b. Light Trespass in Residential Zones. No lighting on private property shall produce an illumination level greater than two maintained horizontal foot-candles at grade on any property within a residential zone except on the site of the light source. c. Light Intensity on Residential Sites. The maximum light intensity on a residential site shall not exceed a maintained value of 10 foot-candles, when measured at finished grade. d. Light 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 10 foot-candles, when measured at finished grade. (2) Auto Sales Lots. The maximum light intensity on an auto sales lot shall not exceed a maintained value of 40 foot-candles, when measured at finished grade. (3) Athletic Fields. The maximum light intensity on an athletic field shall not exceed a maintained value of 50 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 100 foot-candles with approval of a Director’s Action (see Chapter 17.108: Director’s Action). e. 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. Prohibited Lighting. (1) Flashing. Outdoor lighting shall not blink, flash, or rotate. Ordinance No. 1650 (2018 Series) EXHIBIT B Article 3: Regulations Applicable to All Zones 3-22 September 2018 (2) Projection above Horizontal Plane. Outdoor flood light projection above the horizontal plane, as defined in subsection D.1. of this Section and shown in Figure 3-9: Outdoor Lighting Horizontal Plane) is prohibited, unless exempted by subsection F of this Section. (3) Upward Sign Illumination. All upward directed sign lighting, including illumination of billboards, is prohibited, unless exempted by subsection F of this Section. (4) Search Lights. Search lights, laser source lights, or any similar high-intensity light are prohibited, unless exempted by subsection F of this Section. g. Outdoor Athletic Fields Illumination Hours. Outdoor athletic fields shall not be illuminated after 11:00 PM, except to conclude a scheduled recreational or sporting event in progress prior to 11:00 PM. D. New 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. 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 3-9: Outdoor Lighting Horizontal Plane). Cutoff fixtures shall be installed using a horizontal lamp position. Figure 3-9: Outdoor Lighting Horizontal Plane 2. Design. Lighting fixtures should be of a design that complements building design and landscaping and may require architectural review. 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 21 feet, and wall-mounted lights shall not exceed a height of 15 feet, measured from the adjacent grade to the bottom of the fixture. 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. 5. 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. Ordinance No. 1650 (2018 Series) EXHIBIT B CITY OF SAN LUIS OBISPO Title 17 – ZONING REGULATIONS 3-23 September 2018 E. Nonconforming Fixtures. No outdoor lighting fixture that was installed prior to the enactment of this Title 17 and was consistent with Zoning 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 Section. F. Exemptions. The following lighting fixtures are exempt from the requirements of this Section: 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. 2. Public Rights-of-Way Lighting. Outdoor lighting fixtures on public rights-of-way; provided that measures have been taken to reduce impacts on surrounding properties and the night sky. 3. Emergency Aviation Lighting. Emergency lighting operated by public agencies or for the purpose of aviation safety. 4. Infrastructure Construction Lighting. All temporary lighting used for the construction or repair of roadways, utilities, and other public infrastructure. 5. Nonelectric Lighting. Nonelectric lighting such as gas lamps or kerosene lanterns. 6. Temporary and Seasonal Lighting. Temporary lighting equipment and seasonal lighting equipment, provided that individual lamps are 10 watts or less. Temporary lighting that does not comply with the regulations contained in this Section 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. 7. Accent Lighting. Accent lighting for architectural features, national flags, statues, public art, signage or other objects of interest is 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 b. 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 17.70.100.F.6: Temporary and Seasonal Lighting). 9. Billboards. Upgrades to existing lighting fixtures on outdoor advertising signs (billboards) that reduce light pollution 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. Ordinance No. 1650 (2018 Series) EXHIBIT B Article 3: Regulations Applicable to All Zones 3-24 September 2018 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 17.158 (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 A. Purpose and Application. As defined in Chapter 17.158 (General Definitions), lot coverage is the ratio of the total area of a lot covered by the footprint of all structures 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. Maximum coverage shall be as provided in the specific property development standards for the various zones in Chapters 17.12 through 17.64, inclusive. Figure 3-10: Lot Coverage 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. Ordinance No. 1650 (2018 Series) EXHIBIT B CITY OF SAN LUIS OBISPO Title 17 – ZONING REGULATIONS 3-25 September 2018 Figure 3-11: Decks Excluded from Coverage 2. Roof eaves which project 30 inches or less from the structure are not included in the determination of coverage. 3. Swimming pools and hot tubs that are not enclosed in roofed structures or decks. 4. 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 Section 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 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 17.10.020 (Use Regulations By Zone). Where a mixed-use project is proposed with a use required by Section 17.10.020 (Use Regulations By Zone) 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. a. Ground Floor Limitations. 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. Ordinance No. 1650 (2018 Series) EXHIBIT B Article 3: Regulations Applicable to All Zones 3-26 September 2018 b. Noise. Residential units shall be located on the site to minimize adverse impacts from existing known noise sources in compliance with the City’s noise regulations. When a project is located adjacent to a known noise emission above the residential thresholds, a noise study shall be provided. 2. Mechanical Service and 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 and mechanical facilities in a location that is proximate to residential uses. Techniques such as block walls, enhanced setbacks, or enclosed loading or equipment shall be used to minimize adverse impacts to residents from vehicle and mechanical noise. 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. 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. Ordinance No. 1650 (2018 Series) EXHIBIT B CITY OF SAN LUIS OBISPO Title 17 – ZONING REGULATIONS 3-27 September 2018 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 and shall also comply with Section 17.70.100 (Lighting and Night Sky Preservation). 2. Noise. All residential units shall be designed to minimize adverse impacts from nonresidential project noise and shall comply with Chapter 9.12 (Noise Control). 3. Air Quality and Odors. All residential units shall be designed to minimize adverse impacts from mechanical equipment and operations of nonresidential project air pollutant emissions and odors in compliance with the Air Pollution Control District Air Quality Handbook and Chapter 8.22 (Offensive Odors). 4. 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. 5. 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. G. Pedestrian Access. Onsite 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 onsite automobile and bicycle parking areas, and to any onsite open space areas or pedestrian amenities. 2. To Circulation Network. Regular and convenient connections between onsite walkways and the public sidewalk and other existing or planned pedestrian routes, such as safe routes to school, shall be provided. An onsite walkway shall connect the principal 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. Ordinance No. 1650 (2018 Series) EXHIBIT B Article 3: Regulations Applicable to All Zones 3-28 September 2018 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. H. Objective Design Criteria 1. Building Orientation and Entrances. a. Orientation. The principal 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 A. Purpose and Application. 1. Purpose. The City wishes to enhance the cultural and aesthetic environment of 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 City will promote the general welfare through balancing the community’s physical growth and revitalization with its cultural and artistic resources. 2. Application. The program described in this Section 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 General Plan. The minimum requirements in this Section apply to: Ordinance No. 1650 (2018 Series) EXHIBIT B CITY OF SAN LUIS OBISPO Title 17 – ZONING REGULATIONS 3-29 September 2018 a. All new nonresidential development, defined as commercial, office, and industrial projects, parking structures, and the nonresidential portion of mixed-use projects, having 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). 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. Exceptions. The following development activities shall be exempt from the requirements of this Section: a. Construction, repair, or alteration of buildings to carry out rehabilitation of private property if that rehabilitation is primarily financed with public funds. b. Construction, repair, or alteration of buildings to meet City-mandated seismic rehabilitation or fire lateral replacement. B. Definitions. As used in this Section: 1. “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. 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. Onsite Contribution. The project applicant shall acquire and install public art approved by a public art jury 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. An amount equal to one-half of one percent of that portion of the total construction costs in excess of $100,000, for each building permit, computed using the latest Building Valuation Data as contained in the Uniform Building Code (UBC) unless, in the opinion of the City’s Building Official, a different valuation measure should be used. b. Should a project consist of multiple buildings with separate building permits, at the City’s option, arrangements may be made to combine the public art requirements in an appropriate manner. c. In no event shall the required cost for public art under this program exceed $50,000 per building permit. 2. Offsite Contribution. As an option, the project applicant may acquire and install public art, approved by a public art jury and accepted by the Council, in a City-owned public place not located on 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 Ordinance No. 1650 (2018 Series) EXHIBIT B Article 3: Regulations Applicable to All Zones 3-30 September 2018 basis and also is of high visibility to the general public. Cost of the public art shall be determined by the allocations contained in subsection A of this Section. Such public art shall be considered a donation to the City. 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 contained in subsection D.1 of this Section. E. Application and Review Procedures for Placement of Required Public Art on Private Property. 1. Application. An application for placement of public art on private property shall be submitted as a Director’s Action application and shall include: a. Preliminary sketches, photographs, or other documentation of sufficient descriptive clarity to indicate the nature of the proposed public art. b. An appraisal or other evidence of the value of the proposed public artwork, including acquisition and installation costs. c. Preliminary plans containing such detailed information as may be required by a public art jury to adequately evaluate the location of the artwork in relation to the proposed development and its compatibility to the proposed development, including compatibility with the character of adjacent conforming developed parcels and existing neighborhoods. d. A narrative statement to be submitted to the Director to demonstrate that the public art will be displayed in an area open and freely available to the general public, or that public accessibility will be provided in an equivalent manner based on the characteristics of the artwork or its placement on the site. 2. Review. a. The Director shall review the application for compliance with this Section. b. The Director shall forward the completed application to the public art coordinator who shall convene a public art jury to review the proposed public art using adopted public art evaluation criteria. c. Upon recommendation of the public art jury, the public art application shall be reviewed by the Director and shall meet the findings required for a Director’s Action (Chapter 17.108: Director’s Action). d. All approvals for placement of public art on private property shall be obtained prior to issuance of a building permit. F. Application and Review Procedures for Acceptance of Public Art Donated to the City. 1. Application. An application for acceptance of public art to be donated to the City shall include: a. Preliminary sketches, photographs, models, or other documentation of sufficient descriptive clarity to indicate the nature of the proposed public art. b. An appraisal or other evidence of the value of the proposed public art, including acquisition and installation costs. Ordinance No. 1650 (2018 Series) EXHIBIT B CITY OF SAN LUIS OBISPO Title 17 – ZONING REGULATIONS 3-31 September 2018 c. A written agreement executed by or on behalf of the artist who created the public art which expressly waives the artist’s rights under the California Art Preservation Act or other applicable law. d. Other information as may be required by the public art coordinator to adequately evaluate the proposed donation of public art. 2. Review. a. Prior to the issuance of grading and building permits, the applicant shall submit to the Director an application for acceptance of public art donated to the City, in compliance with subsection D (Public Art Contribution) of this Section and subsection F.1 (Application) of this Section. b. The Director shall forward the application to the public art coordinator, who shall convene a public art jury to review the proposed public art using adopted public art evaluation criteria. c. Upon the recommendation of the public art jury, the public art application shall be reviewed by the Director. d. Upon the recommendation of the Director, the application shall be forwarded to the Council, which shall have the sole authority to accept, reject, or conditionally accept the donation. G. Process. 1. Payment of Art In-lieu Fee. If the payment of an art in-lieu fee is voluntarily elected, the payment, in an amount equal to the program allocation contained in subsection D.3 (In-Lieu Contribution) of this Section shall be paid prior to the issuance of a building permit. 2. Certificate of Occupancy. The following requirements must be met prior to the City’s issuance of occupancy permits. a. Full compliance with one of the following: (1) The approved public art has been placed on the site of the approved project, in a manner satisfactory to the Building Official and the public art coordinator; or (2) Donation of approved public art has been accepted by the Council; or (3) In-lieu art fees have been paid. b. If public art has been placed on the site of the approved project, the applicant must execute and record with the County Recorder covenants, conditions, and restrictions (CC&Rs) that require the property owner, successor in interest, and assigns to: (1) Maintain the public art in good condition as required by the City’s public art guidelines. (2) Indemnify, defend, and hold the City and related parties harmless from any and all claims or liabilities from the public art, in a form acceptable to the City Attorney. (3) Maintain liability insurance, including coverage and limits as may be specified by the City’s risk manager. Ordinance No. 1650 (2018 Series) EXHIBIT B Article 3: Regulations Applicable to All Zones 3-32 September 2018 H. Ownership of Public Art. 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. 2. Maintenance of public art, as used in this Section, shall include without limitation, preservation of the artwork in good condition to the satisfaction of the City; protection of the public art against physical defacement, mutilation, or alteration; and securing and maintaining fire and extended coverage insurance and vandalism coverage in an amount to be determined by the City’s risk manager. Prior to placement of approved public art, the applicant and owner of the site shall execute and record a covenant, in a form approved by the City, requiring maintenance of the public art. Failure to maintain the public art as provided in this Section is declared to be a public nuisance. 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 City may perform all necessary repairs and maintenance or secure insurance, and the costs shall become a lien against the real property. 4. All artwork donated to the City shall become the property and responsibility of the City upon acceptance by the Council. I. Removal or Alteration of Public Art. 1. Public art installed on or integrated into a construction project in compliance with the provisions of this Section shall not be removed or altered without the approval of the Director. 2. If any public art provided on a development project in compliance with the provisions of this Section is knowingly removed by the property owner without prior approval, the property owner shall contribute funds equal to the development project’s original public art requirement to the City’s public art in-lieu account, or replace the removed artwork with one that is of comparable value and approved by the Director. If this requirement is not met, the occupancy permit for the project may be revoked by the Director upon due notice and an opportunity to be heard. The City may, in addition, pursue any other available civil or criminal remedies or penalties. 17.70.150 – 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 17.70.080 (Height Measurement and Exceptions). 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. 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. Ordinance No. 1650 (2018 Series) EXHIBIT B CITY OF SAN LUIS OBISPO Title 17 – ZONING REGULATIONS 3-33 September 2018 C. Performance Standards. 1. Lighting. Lighting for rooftop uses shall be appropriately designed, located, and shielded to not negatively impact any adjacent residential uses. See also Section 17.70.100 (Lighting and Night Sky Preservation). 2. Noise. All rooftop decks shall be designed to minimize adverse impacts to surrounding properties in compliance with the City’s noise regulations (Chapter 9.12: Noise Control). 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. Commercial hours of operation for rooftop uses also may be restricted upon evidence of a substantiated compliant. D. Edge Conditions. Where a rooftop deck is located on a property adjacent to a zone receiving transition, as defined in Section 17.70.050 (Edge Conditions), rooftop decks and activities shall also comply with Section 17.70.050.D.4 (Rooftop Open Spaces). 17.70.160 – Satellite Dish Antenna A. Purpose. These regulations are established to regulate the installation of dish-type satellite antennas to help protect public safety and preserve view corridors and neighborhood character. B. Residential Performance Standards. The installation of dish-type antennas may be allowed in all residential zones, subject to the following criteria. Dish-type satellite antenna installations that are less than one meter in diameter are exempt from these regulations unless proposed on a historic building. 1. Antenna size. Maximum diameter 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. Ordinance No. 1650 (2018 Series) EXHIBIT B Article 3: Regulations Applicable to All Zones 3-34 September 2018 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 B and C of this Section may be considered through review by the Architectural Review Commission. Conditions imposed as part of the approval would typically include requirements to minimize the visibility of the installation, including blockage of significant public and private views of hillsides, City vistas, or open space areas. Acceptable techniques to reduce the visibility of dish installations include use of alternative materials (wire mesh instead of solid surface), painting the dish in a subdued or natural color, and landscaped screening. E. Open Space/Conservation Standards. The installation of dish-type satellite antennas may be allowed in the open space/conservation zone subject to architectural review in compliance with adopted Architectural Review Commission ordinances and guidelines. 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. 17.70.170 – Setbacks A. Purpose. This Section establishes standards for the measurement of setbacks and required setback areas. These provisions, in conjunction with other applicable provisions of the Zoning Regulations, 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. 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. B. Measurement of 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. Building Height and Setbacks. The height of a building in relation to setback standards is the vertical distance from the ground to the top of the roof, measured at a point that is a specific distance (the setback distance) from the property line. Height measurements shall be based on the existing topography of the site Ordinance No. 1650 (2018 Series) EXHIBIT B CITY OF SAN LUIS OBISPO Title 17 – ZONING REGULATIONS 3-35 September 2018 before grading for proposed onsite 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 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. 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. Adequately screened components of public utility systems may be located within front and street side setbacks when approved by Director’s Action. 2. Fences, Walls, and Hedges. Fences, walls, and hedges may occupy setbacks to the extent provided in Section 17.70.070 (Fences, Walls, and Hedges). Vegetation may also be controlled by the California Solar Shade Control Act. 3. Arbors and Trellises. Arbors and trellises may occupy setbacks subject to the extent provided in Section 17.70.070 (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. Signs. Signs in conformance with the sign regulations codified in Chapter 15.40 (Sign Regulations) of the Municipal Code may occupy setbacks to the extent provided in that Chapter. 5. Architectural Features. The following and similar architectural features may extend into a required setback no more than 30 inches: a. Cornices, canopies, eaves, buttresses, chimneys, solar collectors, shading louvers, reflectors, water heater enclosures, and bay or other projecting windows that do not include usable floor space (see Figure 12: Architectural Feature Projections into Required Setbacks). Figure 3-12: Architectural Feature Projections into Required Setbacks Ordinance No. 1650 (2018 Series) EXHIBIT B Article 3: Regulations Applicable to All Zones 3-36 September 2018 b. Uncovered balconies, uncovered porches, and decks may extend into the required setback not more than four feet or one-half the required setback distance, whichever is less. Fire escapes, exit stairs, or other required exits may be required to meet greater setbacks to comply with Building Code requirements. c. Planters and similar features less than 30 inches in height may be located within the required setbacks. 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. Enclosures that have been approved in conjunction with Development Review or a discretionary review process may be located within a required side or rear setback, provided no part of the enclosure is less than three feet from any right-of-way or adopted setback line. 8. Vehicle Parking. Vehicle parking in front yard areas (as defined in Section 17.158.016: F Definitions) of residential properties shall conform to Section 17.76.040 (Front Yard Parking). No person shall stop, park, or leave standing any vehicle, whether attended or unattended, within any front or street side setback or upon any unpaved surface as defined in this Section and Section 12.38.040 (Parking and Driveway Standards). 9. Unenclosed Parking Spaces in Side and Rear Setbacks. Unenclosed parking spaces and parking aisles may be located within side and rear setbacks. For residential properties, parking spaces may not be located within the front yard area unless consistent with Section 17.76.040 (Front Yard Parking). 10. Enclosed and Unenclosed Parking Spaces in Front and Street Side Setback Prohibited. In no case shall an enclosed parking space or required parking space from which vehicles exit directly onto the street be located less than 20 feet from the street right-of-way or property line, except as provided in subsection D (Exceptions to Setback Requirements) of this Section, or as provided in Section 17.76.040.D (Single Car Garages and Single Car Parking). In no case shall a parking space encroach on a public sidewalk. 11. Landscaping in Setbacks. Required setbacks with City-required landscape plans and stormwater facilities shall be landscaped and maintained in compliance with approved plans. 12. Second Story Setback in R-1 Zone. Up to 50 percent of the upper story side wall may align with the lower floor wall, provided such alignment occurs within the rear half of the structure (see Figure 3-13: Second Story Setback Allowed Projection). Figure 3-13: Second Story Setback Allowed Projection Ordinance No. 1650 (2018 Series) EXHIBIT B CITY OF SAN LUIS OBISPO Title 17 – ZONING REGULATIONS 3-37 September 2018 D. Exceptions to Setback Requirements. 1. Exceptions Entitled to Property Due to Physical Circumstances. a. Front and/or Street Side Setback Averaging in Developed Areas. Where these Zoning Regulations require front and/or street side 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 Section, the minimum required front and/or street side setback shall be the average of the front and/or street side (as applicable) setback of the developed lots, but in no case less than 10 feet nor more than would otherwise be required. Averaging does not apply to enclosed parking structures. b. Reduced Front or Street Side Setback for New Structure Providing Additional Creek Setback. Where a new structure provides a rear or side creek setback larger than required by these Zoning Regulations, the required front and/or street side setback, respectively, shall be reduced by one foot for each one foot of additional creek setback, so long as the front and street side 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 17.12 through 17.64, inclusive. c. Setbacks Adjacent to an Alley. The standards required for interior side and rear setbacks shall apply along alleys. However, zero setback is allowed for required surface parking spaces. 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 (Chapter 17.108), as well as any findings indicated below for an individual exception. a. Reduced Front and Street Side Setbacks. Upon approval of a Director’s Action, or in conjunction with tandem parking approval, the Director may allow front and/or street side setbacks to be reduced to zero for unenclosed parking spaces. Front and street side setbacks may be reduced to 10 feet for structures, including side-loaded carports and garages. However, no driveway shall 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 Ordinance No. 1650 (2018 Series) EXHIBIT B Article 3: Regulations Applicable to All Zones 3-38 September 2018 the street, to accommodate a parked car in the driveway without overhanging onto the public right-of- way. b. Variable Front Setbacks in Subdivisions. In new residential subdivisions, the review authority may approve variable front setbacks, to be noted on the approved map, provided the average of the front setbacks on a block is at least 15 feet and no front setback is less than 10 feet. Garages or carports that back directly onto the public right-of-way shall maintain a minimum setback of 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 in the driveway without overhanging onto the public right-of-way. c. Variable Side and Rear Setbacks in New Subdivisions. In new residential subdivisions, the review authority may approve exceptions to the side and rear setback standards, with the exceptions to be noted on the map, provided a separation of at least 10 feet between buildings on adjacent lots will be maintained and an acceptable level of solar exposure will be guaranteed by alternative setback 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. Other Setback Variations in Previously Subdivided Areas. Upon approval of a Director’s Action, the Director may allow side and rear setbacks to be reduced to zero under either of the following circumstances: (1) When there exists recorded agreement, to the satisfaction of the City Attorney, running with the land to maintain at least 10 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 (2) When the reduction is for either a minor addition to an existing legal structure that is nonconforming with regard to side and rear setback requirements or for a detached single-story accessory structure, provided that all such minor additions and new accessory structures shall comply with applicable provisions of Title 15, Building and Construction (see also Chapter 17.92, Nonconforming Structures) and the Director 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; (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 side 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 setback; (e) That no significant fire protection, emergency access, privacy, or security impacts are likely from the addition; and Ordinance No. 1650 (2018 Series) EXHIBIT B CITY OF SAN LUIS OBISPO Title 17 – ZONING REGULATIONS 3-39 September 2018 (f) That it is impractical to obtain a 10-foot separation easement in compliance with subsection (a) of this subsection, above. e. Side and Rear Setback Building Height Exceptions. Upon approval of a Director’s Action, the Director may allow exceptions to the side and rear setback standards provided in Article 2 for each zone. 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 setback required: (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; (2) When the exception is of a minor nature, involving an insignificant portion of total available solar exposure; (3) When the properties at issue are within an area where use of solar energy is generally infeasible because of landform shading; (4) When adequate recorded agreement running with the land exists to protect established solar collectors and probable collector locations; (5) When the property to be shaded is a street; (6) Where no significant fire protection, emergency access, privacy or security impacts are likely to result from the exception. (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 17.114 (Variances). 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. 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. Ordinance No. 1650 (2018 Series) EXHIBIT B Article 3: Regulations Applicable to All Zones 3-40 September 2018 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. 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 A. A swimming pool shall not be located in a required front setback 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 setback area or that portion of side setback area located between the front lot line and the rearmost portion of the principal building. To minimize the potential impact of noise, equipment shall be located not less than 10 feet from any window or other opening into a dwelling or other habitable building on an adjacent property. D. Pool equipment shall be enclosed or screened from street and adjoining property view and acoustically shielded to ensure compliance with Chapter 9.12 (Noise Control) of the Municipal Code. 17.70.200 – Trash Enclosure Standards A. Purpose and Applicability. This Section 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. 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. Ordinance No. 1650 (2018 Series) EXHIBIT B CITY OF SAN LUIS OBISPO Title 17 – ZONING REGULATIONS 3-41 September 2018 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. 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 stormwater 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 At Intersections A. Intersection Visibility. At roadway intersections not controlled by a stop sign or traffic signal, no plant, structure, or other solid object over three feet high that would obstruct visibility may be located within the area indicated in Figure 3-14: Intersection Visibility. At controlled intersections, the Director shall determine visibility requirements for proper sight distance. Ordinance No. 1650 (2018 Series) EXHIBIT B Article 3: Regulations Applicable to All Zones 3-42 September 2018 Figure 3-14: Intersection Visibility 17.70.220 – Water-Efficient Landscape Standards A. Applicability. 1. The provisions of this Section shall apply to the following landscape projects: a. New residential, commercial, institutional, and multi-unit residential development projects with an aggregate landscape area equal to or greater than 500 square feet subject to a building permit, plan check, or Development Review. b. Rehabilitated landscapes for residential, institutional, commercial, and multi-unit residential development projects with a landscape area equal to or greater than 2,500 square feet which are otherwise subject to a building permit or Development Review. 2. 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. Furthermore, 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. This Section shall not apply to: a. Registered local, State or Federal historical sites; b. Ecological restoration projects that do not require a permanent irrigation system; or c. Plant collections 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 17.158 (General Definitions) under “Water-Efficient Landscape Standards.” B. Submittal Requirements. 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 Section, applicants shall submit a landscape design plan that meets the maximum applied water allowance calculation (Section 17.158.050 – W Definitions) and design criteria in the City Engineering Standards Uniform Design Criteria for landscaping and irrigation. Ordinance No. 1650 (2018 Series) EXHIBIT B CITY OF SAN LUIS OBISPO Title 17 – ZONING REGULATIONS 3-43 September 2018 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 Section, 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 Criteria for landscaping and irrigation. 3. Soils Management Report. To 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 Engineering Standards Uniform Design Criteria for landscaping and irrigation. 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 Criteria for landscaping and irrigation. 5. Stormwater Management. Stormwater best management practices minimize runoff and increase infiltration, which recharges groundwater and improves water quality. Stormwater best management practices shall be implemented within the landscape and grading design plans to minimize runoff and to increase onsite retention and infiltration. Project applicants shall refer to Chapter 12.08 and the City Engineering Standards for stormwater quality requirements. 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. D. Implementation Procedures. 1. Development Review Application. For projects that require Development Review, project applicants shall submit the following documentation: a. A completed maximum applied water allowance for the conceptual landscape design. b. A conceptual landscape design plan that demonstrates that the landscape will meet the landscape design specifications of the City Engineering Standards Uniform Design Criteria for landscaping and irrigation. c. A conceptual irrigation design plan that describes the irrigation methods and design actions that will be employed to meet the irrigation specifications of the City Engineering Standards Uniform Design Criteria for landscaping and irrigation. d. A grading plan that demonstrates the landscape will meet the specifications of the City Engineering Standards Uniform Design Criteria for landscaping and irrigation. 2. Building Application. Prior to the issuance of a building permit, project applicants shall submit the following: a. A completed maximum applied water allowance form (including appendices and City Engineering Standards) based on the final landscape design plan. b. A final landscape design plan that includes all the criteria required in the City Engineering Standards Uniform Design Criteria for landscaping and irrigation. Ordinance No. 1650 (2018 Series) EXHIBIT B Article 3: Regulations Applicable to All Zones 3-44 September 2018 c. A final irrigation plan that includes all the criteria required in the City Engineering Standards Uniform Design Criteria for landscaping and irrigation. d. A soils management report that includes at a minimum the criteria required in the City Engineering Standards Uniform Design Criteria for landscaping and irrigation. e. A final grading plan that includes all the criteria required in the City Engineering Standards Uniform Design Criteria for landscaping and irrigation. 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. A certification of completion (including appendices and City Engineering Standards) signed by the professional of record for the landscape and irrigation design certifying that the project was installed in compliance with the City-approved landscape design, irrigation and grading plans and meets or exceeds an average landscape irrigation efficiency of 0.71. The City reserves the right to inspect and audit any irrigation system that has received an approval through the provisions of this Section. b. The project applicant shall develop and provide to the owner or owner representative and the City 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 Criteria for landscaping and irrigation. c. 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. Ordinance No. 1650 (2018 Series) EXHIBIT B CITY OF SAN LUIS OBISPO Title 17 – ZONING REGULATIONS 3-45 September 2018 Chapter 17.72. Parking and Loading 17.72.010 – Purpose and Application Sections: 17.72.010 – Purpose and Application 17.72.020 – General Provisions 17.72.030 – Required Parking Spaces 17.72.040 – Parking for Electric Vehicles 17.72.050 – Parking Reductions 17.72.060 – Nonconforming Parking 17.72.070 – Bicycle Parking Standards 17.72.080 – Motorcycle Parking Standards 17.72.090 – Parking and Driveway Design and Development Standards 17.72.100 – Onsite Loading Standards A. Purpose. The purposes of this Chapter are to: 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, and to avoid the 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, consolidate parking and minimize the area devoted exclusively to parking and driveways when typical demands may be satisfied more efficiently by shared facilities; 5. Ensure that parking and loading areas are designed to operate efficiently and effectively and in a manner compatible with onsite and surrounding land uses; Ensure that adequate off-street bicycle parking facilities are provided; 6. 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. 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. Ordinance No. 1650 (2018 Series) EXHIBIT B Article 3: Regulations Applicable to All Zones 3-46 September 2018 17.72.020 – General Provisions A. Requirements by Type of Use. Except as otherwise provided in these Zoning 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 Chapter, 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 shall 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. Additional parking or alternative parking development standards, may be required as a condition of use permit approval. B. Uses Not Listed. The Director shall determine the parking requirement for uses that are not listed in Table 3-4: Parking Requirements by Use. The Director’s determination shall be based on similarity to listed uses; that decision may be appealed to the Planning Commission. C. Parking Calculations. 1. Floor Area. The parking requirement calculation shall be based on the gross floor area of the entire use, unless stated otherwise. 2. Sites with Multiple Uses. If more than one use is located on a site (including a mix of uses or a mixed-use development), the number of required onsite parking spaces and loading spaces shall be equal to the sum of the requirements calculated separately for each use unless a reduction is approved pursuant to Section 17.72.050 (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 (Chapter 108: Director’s Action), and the following rules shall apply to the sale or rental of onsite 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 onsite 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. 2. Nonresidential Uses. Nonresidential projects may unbundle the parking from nonresidential use with approval of a Director’s Action (Chapter 17.108: Director’s Action), and the following rule shall apply to the sale or rental of onsite 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. Ordinance No. 1650 (2018 Series) EXHIBIT B CITY OF SAN LUIS OBISPO Title 17 – ZONING REGULATIONS 3-47 September 2018 17.72.030 – Required Parking Spaces A. Minimum Number of Spaces Required Outside of Downtown Core. Each land use shall be provided at least the number of onsite parking spaces stated in this Section and Table 3-4: Parking Requirements by Use. Table 3-4: Parking Requirements by Use Type of Land Use Number of Off-Street Parking Spaces Required AGRICULTURE Agricultural Accessory Structure No requirement Animal Husbandry and Grazing No requirement Community Garden 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. Crop Production No requirement Greenhouse/Plant Nursery, Commercial No requirement INDUSTRY, MANUFACTURING & PROCESSING, WHOLESALING Fuel Dealer (propane, etc.) 1 space per 1,000 sf of outdoor sales/storage area Handicraft Manufacturing 1 space per 1,000 sf Laboratory - Medical, Analytical, Research, Testing 1 space per 1,000 sf of combined laboratory and office space Manufacturing - Heavy 1 space per 1,000 sf of manufacturing space, plus any required spaces for dedicated office area Manufacturing - Light 1 space per 1,000 sf, plus any required spaces for dedicated office area Recycling Recycling - Collection Facility None required Recycling - Processing Facility As provided in approved use permit Research and Development 1 space per 1,000 sf of combined assembly/fabrication space (indoor and outdoor) and office space Salvage and Wrecking 1 space per 500 sf of office space, plus 1 space per 0.5 acre of gross outdoor use area Warehousing, Storage, and Distribution Outdoor Storage 1 space per 1,500 sf of outdoor storage area Personal Storage 1 space per 6,000 sf of combined storage space and business/sales office Warehousing and Indoor Storage 1 space per 1,500 sf of combined storage area and office space Wholesaling and Distribution 1 space per 1,000 sf of combined storage area and office space LODGING Bed and Breakfast Inn 1 space per room Homeless Shelter 2 spaces for the facility plus one space for each six occupants at maximum allowed occupancy Hostel 1 space per lodging room Ordinance No. 1650 (2018 Series) EXHIBIT B Article 3: Regulations Applicable to All Zones 3-48 September 2018 Table 3-4: Parking Requirements by Use Type of Land Use Number of Off-Street Parking Spaces Required Hotels and Motels 1 space per room, plus any spaces required for conference/meeting facilities and restaurants open to the public RV Parks As provided in approved use permit PUBLIC AND ASSEMBLY USES Cultural Institutions Live Theater: 1 space per 100 sf; all other uses 1 space per 400 sf of public assembly area Hospitals and Clinics Clinic 1 space per 200 sf Hospital 1 space per bed Park and Recreation Facilities 4 spaces per acre of park space and 1 space per 200 sf indoor recreational facilities Public Assembly Facilities 1 space per 100 sf Religious Assembly Facilities 1 space per 100 sf Schools - Colleges 2 spaces per classroom plus 1 space per 300 sf of assembly or common area Schools - Primary and Middle 2 spaces per classroom plus 1 space per 300 sf of assembly or common area Schools - Secondary, High School 5 spaces per classroom plus 1 space per 300 sf of assembly or common area Schools - Trade Schools 2 spaces per classroom plus 1 space per 300 sf of assembly or common area Sports and Entertainment Assembly Facility As provided in approved use permit RESIDENTIAL USES General Residential Housing Types Single-Unit Dwellings, Detached 0.75 space per bedroom (no requirement for Accessory Dwelling Units), plus 1 guest parking space per 5 units in a tract development Multi-Unit Residential 0.75 space per bedroom (no less than 1 space per dwelling unit), plus 1 guest parking space per 5 units Housing occupied exclusively by persons aged 62 or older may provide 0.5 space per dwelling unit Boarding House 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 Elderly and Long-Term Care 2 spaces for the owner-manager plus 1 for every 5 beds and 1 for each nonresident employee. Family Day Care - Small None in addition to what is required for the residential use. Family Day Care - Large Same as dwelling type, plus 1 space for every two employees providing day care services Fraternities and Sororities 1 space per 1.5 occupants or 1.5 spaces per bedroom, whichever is greater Ordinance No. 1650 (2018 Series) EXHIBIT B CITY OF SAN LUIS OBISPO Title 17 – ZONING REGULATIONS 3-49 September 2018 Table 3-4: Parking Requirements by Use Type of Land Use Number of Off-Street Parking Spaces Required Hospice In-Patient Facility 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) 1 off-street parking space per adult occupant, less 1 Mobile Home Park 1.25 spaces per unit: one space to be with each unit Residential Care Facilities - 6 or fewer residents None in addition to what is required for the residential use. Residential Care Facilities - 7 or more residents 2 spaces for the owner-manager plus 1 for every 5 beds and 1 for each nonresident employee. 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 MIXED USES Mixed-use Development As required for each separate use in the mixed-use development COMMERCIAL USES 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 Services, Large Animal 1 space per 500 sf of indoor area Veterinary Services, Small Animal 1 space per 300 sf of indoor area Banks and Financial Institutions ATMs No requirement Banks and Credit Unions 1 space per 300 sf Check Cashing Shops/Payday Loans 1 space per 300 sf Business Services 1 space per 300 sf Cemetery 1 space per 4 acres Commercial Recreation - Large Scale 1 space per 200 sf of indoor space, 1 space per 500 sf of outdoor space Commercial Recreation - Small Scale 1 space per 200 sf of indoor space, 1 space per 500 sf of outdoor space Day Care Center 1 space per 500 sf of indoor space Eating and Drinking Establishments Bars, Nightclubs, and Taverns 1 space per 100 sf, including any food preparation/service and entertainment areas Restaurant 1 space per 100 sf of total restaurant area, including any food preparation/service area Food and Beverage Sales General Market 1 space per 250 sf Convenience Store 1 space per 250 sf Ordinance No. 1650 (2018 Series) EXHIBIT B Article 3: Regulations Applicable to All Zones 3-50 September 2018 Table 3-4: Parking Requirements by Use Type of Land Use Number of Off-Street Parking Spaces Required Produce Stand 1 space per 300 sf gross floor area Liquor Store 1 space per 250 sf Food Preparation (no on-site sales or service) 1 space per 1,500 sf Funeral Parlors and Internment Services 1 space per four fixed seats or one space per 80 sf assembly area, whichever is greater Instructional Services 1 space per 200 sf Maintenance and Repair Services 1 space per 600 sf, plus 1 space for each fleet vehicle Offices Business and Professional Offices 1 space per 300 sf Medical and Dental Offices 1 space per 300 sf Personal Services 1 space per 300 sf Retail Sales Building Materials and Services - Indoor 1 space per 1,000 sf of indoor space Building Materials and Services - Outdoor 1 space per 1,500 sf of outdoor space General Retail 1 space per 300 sf Large-Scale Retail 1 space per 250 sf Nurseries and Garden Centers 1 space per 500 sf of floor area, plus 1 space per 2,000 sf of outdoor display area Theaters 1 space per 100 sf Vehicle Sales and Services Auto and Vehicle Sales and Rental 1 space per 300 square feet office area, plus 1 space per 500 square feet parts sales service area, plus 1 space per 2,000 square feet outdoor sales area Large Vehicle, Construction and Heavy Equipment Sales, Service, and Rental 1 space per 500 sf of floor area, plus 1 space per 2,000 outdoor sales area Service/Fueling Stations No parking required for fueling operations. See "convenience store" or "vehicle services" if applicable. Vehicle services - Major Repair/Body Work 1 space per 500 sf of non-service bay floor area and 2 spaces per service bay Vehicle services - Minor Repair/Maintenance 1 space per 500 sf of non-service bay floor area and 2 spaces per service bay Vehicle services - Washing 1 spaces plus sufficient waiting line(s) or 2 spaces plus washing area(s) TRANSPORTATION, COMMUNICATIONS, & UTILITIES Airport To be determined when use permit is approved Wireless Telecommunications Facilities No requirement Freight/Truck Terminals 1 space per 1,500 sf of indoor space Light Fleet-Based Services 1 space per 1,000 sf of indoor space, plus any required spaces for dedicated office area and 1 space for each fleet vehicle Media Production Ordinance No. 1650 (2018 Series) EXHIBIT B CITY OF SAN LUIS OBISPO Title 17 – ZONING REGULATIONS 3-51 September 2018 Table 3-4: Parking Requirements by Use Type of Land Use Number of Off-Street Parking Spaces Required Backlots and Soundstages As provided in approved use permit Broadcast Studios 1 space per 300 sf Heliport As provided in approved use permit Parking facility No requirement Public Safety Facilities 1 space per 500 square feet gross floor area Transit station or terminal 1 space per 300 sf office/waiting area plus 1 space per 1,000 sf house/garage area Utilities Facilities 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 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 3-4: Parking Requirements by Use. Parking space reductions permitted by Section 17.72.050.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 17.72.050.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 17.72.050.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 17.72.050.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 3-4:Parking Requirements by Use; 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 3-4: Parking Requirements by Use. 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. Options to Comply. The parking space requirement may be met by: Ordinance No. 1650 (2018 Series) EXHIBIT B Article 3: Regulations Applicable to All Zones 3-52 September 2018 a. Providing the required spaces on the site occupied by the use. b. The Director may, by approving a Director’s Action (Chapter 17.108: 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. 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 C.1 through C.3 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 Electric Vehicles A. Parking spaces for electric vehicles shall be provided for all uses as indicated in Table 3-5: Electric Vehicle (EV) 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: Electric Vehicle (EV) 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 EV space minimum 2 EV spaces minimum 2 EV spaces minimum 10% of parking spaces (rounded up) Nonresidential – Commercial, Office, and Mixed Use 1 EV space minimum 2 EV spaces minimum 3 EV spaces minimum 10% of parking spaces (rounded up) Industrial 0 EV space minimum 1 EV space minimum 2 EV spaces minimum 8% of parking spaces (rounded up) B. All electric vehicle spaces shall be equipped with electric vehicle charging equipment, as defined in this Title, 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. D. Electric vehicle charging equipment shall be provided for all new developments and whenever a substantial addition to and existing development is proposed. Ordinance No. 1650 (2018 Series) EXHIBIT B CITY OF SAN LUIS OBISPO Title 17 – ZONING REGULATIONS 3-53 September 2018 17.72.050 – Parking Reductions A. Affordable Housing Developments. See Chapter 17.140: 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 (Chapter 17.108), 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 Commission approval. However, no reduction shall be made in addition to any reductions for shared parking permitted through subsection B (Shared Parking Reduction) of this Section, 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; proximity to a general market, 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 onsite 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 3-6: Required Bicycle Parking. Any additional bicycle parking provided for residential uses shall be covered. Ordinance No. 1650 (2018 Series) EXHIBIT B Article 3: Regulations Applicable to All Zones 3-54 September 2018 4. Vehicle Trip Reduction Plan. Based on the parking study, the Director may require implementation of a vehicle trip reduction plan 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 (Chapter 17.108), 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. 17.72.060 – Nonconforming Parking. For additions or changes in use for existing uses or structures that do not meet current parking standards, the following standards shall apply. A. Nonresidential Additions and Reconstruction. When expansion of floor area creates an increase of 10 percent or more in the number of required onsite parking spaces in an existing nonresidential building, additional onsite 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 shall 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 17.72.050 (Parking Reductions). 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 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. 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. Ordinance No. 1650 (2018 Series) EXHIBIT B CITY OF SAN LUIS OBISPO Title 17 – ZONING REGULATIONS 3-55 September 2018 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 subsection D (Alternative Compliance) of this Section. Table 3-6: Required Bicycle Parking Land Use Example Standard (Number of Bicycle Parking Spaces) Short Term Long Term Residential All residential housing types 2 per unit, plus 1 guest per every 5 units Guest spaces 2 per unit Residential - Group living Fraternity/sorority, co-op housing 1 per bed 25% 75% Lodging Hotel, motel, homeless shelters 1 per 10 guest rooms 50% 50% Restaurant - Quick serve Deli, coffee shop, bar/tasting rooms 1 per 150 sf 75% 25% Restaurant - sit down Restaurant, accessory dining areas 1 per 500 sf 75% 25% General Retail and Personal Services Grocery store, hardware store, personal services, handicraft 1 per 1,000 sf 75% 25% Office and Financial Institutions General office, medical, clinic, research and development, banks 1 per 1,500 sf 75% 25% Food and beverage manufacturing, woodworking 1 per 2,000 sf 25% 75% Large Scale Commercial Retail and Services Garden supply, furniture stores, repair shops, auto dealership 1 per 2,500 sf 75% 25% Industrial and Hospitals Warehousing, manufacturing, hospitals 1 per 7,500 sf 25% 75% Shopping Center Mix of personal services, retail, restaurants, offices 20% of motor vehicle spaces required 75% 25% Civic, Cultural, Public and Religious Assembly Library or museum, places of public or religious assembly 20% of motor vehicle spaces required 75% 25% Theater, health clubs, gymnastics, yoga, martial arts, etc. 40% of motor vehicle spaces required 75% 25% Educational Facilities Schools, day care As determined by the Director Transportation Facilities Parking Structures, Transit Stations/Terminals As determined by the Director Outdoor Recreation Parks, sports fields, community gardens As determined by the Director Downtown (C-D) Zone Includes all non-residential land use types Apply same standards for land uses above when feasible. Facilities may be shared or expanded in close proximity, as determined by the Director. Ordinance No. 1650 (2018 Series) EXHIBIT B Article 3: Regulations Applicable to All Zones 3-56 September 2018 Table 3-6: Required Bicycle Parking Land Use Example Standard (Number of Bicycle Parking Spaces) Short Term Long Term Notes: 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. C. Required Bicycle Parking Location and Standards. 1. General. 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. 2. 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 onsite space is not available, as determined by the Director. The City shall permit required bicycle parking within the public right-of-way for 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 (Chapter 17.108: 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. Ordinance No. 1650 (2018 Series) EXHIBIT B CITY OF SAN LUIS OBISPO Title 17 – ZONING REGULATIONS 3-57 September 2018 17.72.090 – Parking and Driveway Design and Development Standards. A. Requirements. Parking and driveway design and requirements shall be as provided in the parking standards adopted by Council 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 B.3 (Off-Site Parking Facilities) of this Section. If located in an off-site parking facility, a parking agreement shall be filed as provided in subsection B.3.b (Parking Agreement) of this Section. Refer to Section 17.76.040 (Front Yard 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 B.3 (Off-Site Parking Facilities) of this Section. 3. Off-Site Parking Facilities. Parking facilities for uses other than single-unit dwellings, duplexes, and accessory dwelling units may be provided off site with approval of a Minor Use Permit, provided the following conditions are met: 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 (Chapter 17.108: 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 subsection A (Requirements) of this Section. 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 Ordinance No. 1650 (2018 Series) EXHIBIT B Article 3: Regulations Applicable to All Zones 3-58 September 2018 Director’s Action (Chapter 17.108: 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 onsite 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 Commission would not be required, the new tandem parking spaces would be subject to Director’s review and approval of Director’s Action, and the additional finding that adequate maneuverability and access arrangements are provided. D. Mechanical Parking Lifts. In 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. Ordinance No. 1650 (2018 Series) EXHIBIT B CITY OF SAN LUIS OBISPO Title 17 – ZONING REGULATIONS 3-59 September 2018 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. The exception will not constitute a grant of special privilege inconsistent with the driveway or parking limitations upon other properties in the vicinity; 2. The exception will not adversely affect the health, safety or general welfare of persons working or residing in the vicinity; and 3. The exception is reasonably necessary for the applicant’s full enjoyment of uses allowed upon the applicant’s property. 17.72.100 – Onsite Loading Standards 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: Table 3-7: Loading Spaces Required by Gross Floor Area 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 onsite 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 onsite 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 onsite 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 onsite parking spaces. Truck-maneuvering areas shall not encroach into required Ordinance No. 1650 (2018 Series) EXHIBIT B Article 3: Regulations Applicable to All Zones 3-60 September 2018 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. Ordinance No. 1650 (2018 Series) EXHIBIT B CITY OF SAN LUIS OBISPO Title 17 – ZONING REGULATIONS 3-61 September 2018 Chapter 17.74. Performance Standards Sections: 17.74.010 – Purpose and Application 17.74.020 – General Standard and Special Conditions 17.74.030 – Air Contaminants 17.74.040 – Discharges to Water or Public Sewer System 17.74.050 – Energy Conservation 17.74.060 – Hazardous Materials 17.74.070 – Heat and Humidity 17.74.080 – Light and Glare 17.74.090 – Noise 17.74.100 – Solid Waste 17.74.110 – Vibration 17.74.010 – Purpose and Application A. Purpose. This Chapter 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. Applicability. The minimum requirements in this Chapter apply to all land uses in all zones, 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 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 these Zoning Regulations. 2. Emergency Activities. Any emergency activity on the part of the City, any other government agency, or a private party. 3. Construction Activity. Temporary construction activity is exempted except where such activity is explicitly regulated by other regulations of the Municipal Code. 17.74.020 – General Standard and 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 review authority from imposing, as part of project approval, specific conditions that may be more restrictive, in order to meet the intent of these Regulations. Ordinance No. 1650 (2018 Series) EXHIBIT B Article 3: Regulations Applicable to All Zones 3-62 September 2018 17.74.030 – Air Contaminants A. No use or activity shall be conducted without first obtaining any required permit from the County Air Pollution Control District. B. Uses shall be conducted to prevent dust or other airborne material from crossing property lines. 17.74.040 – 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 Stormwater Quality Ordinance contained in Chapter 12.08 and City Standards, as well as requirements of the State and Regional Water Quality Control Boards, the California Department of Fish and Wildlife, and any other regulatory agency with jurisdiction over the activity. B. Discharges to the City sewer system shall conform to Article II of Chapter 13.08 of this Code. 17.74.050 – Energy Conservation The use of conventional energy sources for space heating and cooling, water heating, and illumination shall be minimized by means of proper design and orientation, including provision and protection of solar exposure. 17.74.060 – 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. 17.74.070 – Heat and Humidity A. Heat. No activity shall be conducted which causes radiant heat or a stream of heated air resulting in a temperature increase of more than 20 degrees Fahrenheit at any property line or any public right-of-way. 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 A. Shielding. 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. B. Reflective Materials. Highly reflective wall surface material and mirror glass is prohibited if located within view of vehicles in the public right-of-way. 17.74.090 – Noise No use shall be established nor any activity conducted which violates the standards of Chapter 9.12: Noise Control. Ordinance No. 1650 (2018 Series) EXHIBIT B CITY OF SAN LUIS OBISPO Title 17 – ZONING REGULATIONS 3-63 September 2018 17.74.100 – 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 onsite sorting and collection of recyclables. 17.74.110 – Vibration Subject to the exceptions in Section 9.12.100 (Exceptions). no activity shall be conducted that causes ground vibrations perceptible without the aid of instruments by a reasonable person at the property line. Ordinance No. 1650 (2018 Series) EXHIBIT B Article 3: Regulations Applicable to All Zones 3-64 September 2018 Chapter 17.76. Property Maintenance Standards Sections: 17.76.010 – Purpose 17.76.020 – General Requirements 17.76.030 – Front Yard Paving 17.76.040 – Front Yard Parking 17.76.050 – Fences, Walls, and Hedges 17.76.060 – Neighborhood Preservation 17.76.070 – Prohibited Acts 17.76.080 – Private Cause of Action 17.76.090 – Rooftop Uses 17.76.100 – Screening 17.76.010 – Purpose The quality of life in this City is tied to the character and conditions of its neighborhoods. The purpose of these property maintenance standards is to protect the appearance, integrity, and character of the community. 17.76.020 – General Requirements The provisions of this Chapter apply to all zones in the City, except as otherwise specified. 17.76.030 – Front Yard Paving No more than 40 percent of any residential front yard (see definition of “front yard” in Section 17.158.016 – F Definitions), not to exceed 26 feet in width, may be covered by concrete or other impervious material, including driveways, patio areas, walkways, and other landscape features. 17.76.040 – Front Yard Parking A. Purpose and Application. 1. The purpose of these regulations is to preserve the residential character of streetscapes in the City’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 that are intended to remain as open areas within neighborhoods. 2. These regulations apply to vehicle parking within the front yard areas as defined in in Section 17.158.016 – F Definitions and shown in Figure 3-15: 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 Section. Ordinance No. 1650 (2018 Series) EXHIBIT B CITY OF SAN LUIS OBISPO Title 17 – ZONING REGULATIONS 3-65 September 2018 Figure 3-15: 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 allowed 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 City parking and driveway standards, or on an approved off-street parking pad as allowed by subsection D (Single Car Garages and Single Car Parking) of this Section. 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 3-16: Allowed Front Yard Parking 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 (Allowed Front Yard Parking) of this Section. (See Figure 3-17: Prohibited Front Yard Parking.) Ordinance No. 1650 (2018 Series) EXHIBIT B Article 3: Regulations Applicable to All Zones 3-66 September 2018 Figure 3-17: 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 3-18: Vehicles Straddling Driveway Prohibited.) Figure 3-18: Vehicles Straddling Driveway Prohibited 3. Vehicles shall not be parked diagonally or in any other configuration that would require vehicle circulation outside the width of the driveway area, except as provided in Section 17.72.090.C (Tandem Parking). (See Figure 3-19: Diagonally Parked Vehicles Prohibited.) Ordinance No. 1650 (2018 Series) EXHIBIT B CITY OF SAN LUIS OBISPO Title 17 – ZONING REGULATIONS 3-67 September 2018 Figure 3-19: Diagonally Parked Vehicles Prohibited D. Single Car Garages and Single Car Parking. Residential properties that have parking configurations of a single car garage or single car surface parking similar to Figure 3-20: Single Car Driveway may establish an additional parking pad between the driveway and the nearest 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 18 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 Section 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. Ordinance No. 1650 (2018 Series) EXHIBIT B Article 3: Regulations Applicable to All Zones 3-68 September 2018 Figure 3-20: Single Car Driveway 17.76.050 – Fences, Walls, and Hedges All fencing and walls that are visible from a public right-of-way shall be maintained so that fencing materials and support are structurally sound, with no missing 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. 17.76.060 – Neighborhood 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 City to maintain such property in such a manner that any of the conditions described in this Section are found to exist. B. Trash Receptacles. Trash, green waste, and recycling receptacles shall not be within the front yard (see definition of “front yard” in Section 17.158.016 – F Definitions) area except as provided in Chapter 8.04, which states: Trash and garbage containers shall not be placed adjacent to the street for pickup more than 24 hours before pickup time, and such containers shall be removed within the 12-hour period following pickup. Trash and recycling containers shall not be placed adjacent to the street for pickup before 5:00 PM or the close of business on the day preceding pickup, whichever is later. Such containers shall be removed before 10:00 AM following pickup. 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 allowed by zoning and building codes. Multi-unit residential developments that are approved for individual waste wheelers shall remove waste wheelers from the common area visible from the public right-of-way in compliance with this Section. Multi-unit residential developments with shared bin service shall utilize approved enclosure locations consistent with project approvals. C. Abandoned Buildings. 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 City that the property has been Ordinance No. 1650 (2018 Series) EXHIBIT B CITY OF SAN LUIS OBISPO Title 17 – ZONING REGULATIONS 3-69 September 2018 determined to be in violation of this Section. An abandoned building means any building or structure which is not occupied, used, or secured for a period of 12 months or more. A partially destroyed or damaged building means any building or structure in which 25 percent or more of the structure has been destroyed or damaged and not repaired or replaced for a period of 12 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 this unfinished building or structure or accumulation of construction materials substantially detracts from the appearance of the immediate neighborhood. D. 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 Chapter, “substantially” shall be defined as the absence or deterioration of a required protective covering exceeding 25 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. E. 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 Chapter, “nuisance attractive to children” shall mean any condition, instrumentality, or machine located in a building or on premises which is or may be unsafe or dangerous to children by reason of their inability to appreciate the peril therein, and which may reasonably be expected to attract children to the premises and risk injury by playing with, in, or on it. F. Parking Areas. Parking lots, driveways, paths, or other paved surfaces, except when located in a rear or side yard of a single unit dwelling, which contain substantial cracks, potholes, or other deficiencies posing a substantial risk of harm to the public. G. 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 Chapter, “overgrown” is limited to lawns or weeds over 12 inches in height. Creek, riparian areas, open space, grassland communities, or other sensitive habitat and unique resource areas as defined by the General Plan are subject to separate regulations. H. Graffiti. Buildings, structures, or other surfaces upon which graffiti exists. Graffiti, as used in this Chapter, shall mean defacement, damage, or destruction by the presence of paint, ink, chalk, dye, or other similar substance or by carving, etching, or other engraving. I. Violations. Any violation of the provisions of a Minor Use Permit, Conditional Use Permit, planned development permit, architectural review approval, Variance, or other land use entitlement or land use permit. J. 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. 17.76.070 – Prohibited Acts A. Unlawful Acts. It is unlawful for any person, firm, or corporation that owns, occupies, or controls property in the City to maintain or fail to maintain such property in violation of this Chapter. B. Type of Offense. Any person who violates Section 17.76.100 (Screening), 17.76.030 (Front Yard Paving), 17.76.040 (Front Yard Parking), 17.70.150.B (Furniture), 17.76.050 (Fences, Walls, and Hedges), 17.76.060.B (Trash Receptacles) or 17.76.060.D through H (Neighborhood Preservation) shall be guilty of an infraction. Ordinance No. 1650 (2018 Series) EXHIBIT B Article 3: Regulations Applicable to All Zones 3-70 September 2018 Violations shall be punishable as contained in Chapter 1.12. Nothing in this Chapter shall be deemed or constituted to prevent the City from commencing any civil proceeding otherwise authorized by law for the declaration or abatement of a public nuisance. 17.76.080 – Private Cause of Action If the owner of any premise fails or neglects to comply with the provisions of this Chapter, it shall constitute a public nuisance in compliance with Section 8.24.020(B) of the City’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 City’s Municipal Code. 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 17.70.080 (Height Measurement and Exceptions). 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. 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 17.70.050: Edge Conditions). Commercial hours of operation for rooftop uses also may be restricted upon evidence of a substantiated compliant. Ordinance No. 1650 (2018 Series) EXHIBIT B CITY OF SAN LUIS OBISPO Title 17 – ZONING REGULATIONS 3-71 September 2018 17.76.100 – Screening A. Screening of Visible Storage and Maintenance. Parking, storage, stockpiling, or maintenance of any of the following items on private property shall be screened from view from any public right-of-way, except as otherwise provided in this Chapter. Objects and activities will be considered “screened” when they are either not visible from a public right-of-way or behind and below a solid six-foot-high fence, wall, or hedge where such fence, wall, or hedge is otherwise allowed by zoning and building codes. 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. 2. Materials. Building materials, including but not limited to packing boxes, lumber, dirt piles, wood, landscape materials, or debris. 3. Recreational Vehicles and Related Devices. a. Any airplane or other aircraft, or any parts thereof. 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. c. Boats, trailers, camper shells, recreational vehicles, jet skis or similar devices, or parts from any of these items, unless exempted by Section 17.86.210 (Recreational Vehicles: Use as Dwelling; Parked on a Private Lot). 4. Exceptions. The following may be allowed in front yards under the noted circumstances: a. Waste haulers and recycling containers may be placed for pickup in compliance with Chapter 8.04 and Section 17.76.060 (Neighborhood Preservation). 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. c. Building materials, vehicles, equipment, or construction tools may be placed in yards during construction with a valid building permit. 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 72 hours. 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 compliance with all other limitations on that business. 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 compliance with fence height regulations. g. Recreational vehicles and trailers with current licenses may be parked in driveways consistent with Section 17.86.210 (Recreational Vehicles: Use as Dwelling; Parked on a Private Lot). Ordinance No. 1650 (2018 Series) EXHIBIT B Article 3: Regulations Applicable to All Zones 3-72 September 2018 h. Parking of personal, operable vehicles may be parked in compliance with Section 17.76.040 (Front Yard Parking). 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 (Chapter 17.108: 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. Screening shall be required for all outdoor sales and storage as set forth in subsection A (Screening of Visible Storage and Maintenance) of this Section. Ordinance No. 1650 (2018 Series) EXHIBIT B CITY OF SAN LUIS OBISPO Title 17 – ZONING REGULATIONS 3-73 September 2018 Chapter 17.78 Flood Damage Prevention Sections: 17.78.010 – Statutory Authorization, Findings of Fact, Purpose, and Methods 17.78.020 – Definitions 17.78.030 – General Provisions 17.78.040 – Administration 17.78.050 – Provisions for Flood Hazard Reduction 17.78.060 – Variance Procedure for Floodplains 17.78.010 – Statutory Authorization, Findings of Fact, Purpose, and Methods A. Statutory Authorization. The Legislature of the State 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 Council does hereby adopt these floodplain management regulations. B. Findings of Fact. 1. The flood hazard areas of the City 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 that increase flood heights and velocities also contributes to flood losses. C. Statement of Purpose. It is the purpose of this Chapter to promote the public health, safety, and general welfare, and to minimize public and private losses due to flood conditions in specific areas by legally enforceable regulations applied uniformly throughout the community to all publicly and privately-owned land within flood-prone, mudslide (i.e., 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; 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 Ordinance No. 1650 (2018 Series) EXHIBIT B Article 3: Regulations Applicable to All Zones 3-74 September 2018 8. Ensure that those who occupy the areas of special flood hazard assume responsibility for their actions. D. Methods of Reducing Flood Losses. To accomplish its purposes, this Chapter includes regulations to: 1. Restrict or prohibit uses that are dangerous to health, safety, and property due to water or erosion hazards, or that result in damaging increases in erosion or flood heights or velocities; 2. Require that uses vulnerable to floods, including facilities that 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 that may increase flood damage; 5. Prevent or regulate the construction of flood barriers that will unnaturally divert floodwaters or that may increase flood hazards in other areas; and 6. These regulations take precedence over any less restrictive conflicting local laws, ordinances, and codes. 17.78.020 – Definitions Words or phrases used in this Chapter shall be interpreted so as to give them the meaning they have in common usage and to give this Chapter its most reasonable application, and as defined in Chapter 17.158 (General Definitions) under “Floodplain Management Regulations.” 17.78.030 – General Provisions A. Lands to Which This Chapter Applies. This Chapter shall apply to all areas of special flood hazards and where specifically identified, XB zones, within the jurisdiction of the City. 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 Chapter. This FIS and attendant mapping are the minimum areas of applicability of this Chapter and may be supplemented by studies for other areas, including local experience and historical data which allow implementation of this Chapter and which are recommended to the Council by the floodplain administrator to be included in the regulated area. The study, FIRMs, and FBFMs are on file at the Department of Public Works, 919 Palm Street. C. Compliance. No structure or land shall hereafter be constructed, located, extended, converted, or altered without full compliance with the terms of this Chapter and other applicable regulations. Violation of the requirements (including violations of conditions and safeguards) shall constitute a misdemeanor. Nothing here shall prevent the Council from taking such lawful action as is necessary to prevent or remedy any violation. D. Abrogation and Greater Restrictions. This Chapter is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this Chapter and another ordinance, easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail. E. Interpretation. In the interpretation and application of this Chapter, all provisions shall be: Ordinance No. 1650 (2018 Series) EXHIBIT B CITY OF SAN LUIS OBISPO Title 17 – ZONING REGULATIONS 3-75 September 2018 1. Considered as minimum requirements; 2. Liberally construed in favor of the governing body; and 3. Deemed neither to limit nor repeal any other powers granted under State statutes. F. Warning and Disclaimer of Liability. The degree of flood protection required by this Chapter is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by human-made or natural causes. This Chapter does not imply that land outside the areas of special flood hazards or uses allowed within such areas will be free from flooding or flood damages. This Chapter shall not create liability on the part of the Council, any officer or employee thereof, the State, or the Federal Emergency Management Agency, for any flood damages that result from reliance on this Chapter or any administrative decision lawfully made hereunder. 17.78.040 – Administration A. Designation of the Floodplain Administrator. The Public Works Director or his/her designee is hereby appointed to administer, implement, and enforce this Chapter 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 Chapter have been satisfied, including determination of substantial improvement and substantial damage of existing structures; b. The applicant was advised other local, State or Federal permits may be required; c. The site is reasonably safe from flooding; d. The proposed development does not adversely affect the carrying capacity of areas where base flood elevations have been determined but a floodway has not been designated. This means that the cumulative effect of the proposed development when combined with all other existing and anticipated development will not increase the water surface elevation of the base flood more than one foot at any point within the City; e. If the proposed development is within a designated infill 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. Ordinance No. 1650 (2018 Series) EXHIBIT B Article 3: Regulations Applicable to All Zones 3-76 September 2018 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. Ensure procedures are coordinated with other departments/divisions and implemented by Community Development Department staff. 3. Review, Use, and Development of Other Base Flood Data. When base flood elevation data has not been provided in compliance with Section 17.78.030.B (Basis for Establishing the Areas of Special Flood Hazard), the floodplain administrator shall obtain, review, and reasonably utilize any base flood elevation and floodway data available from a Federal or State agency, or other source, in order to administer Section 17.78.050 (Provisions for Flood Hazard Reduction). 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. (1) Notify adjacent communities and the California Department of Water Resources prior to alteration or relocation; (2) Submit evidence of such notification to the Federal Emergency Management Agency; and (3) Ensure that the flood carrying capacity within the altered or relocated portion of the watercourse is maintained. b. Base Flood Elevation Changes Due to Physical Alterations. (1) Within six months of information becoming available or project completion, whichever comes first, the floodplain administrator shall submit or ensure that the permit applicant submits technical or scientific data to FEMA for a letter of map revision (LOMR). (2) All LOMRs for flood control projects are approved prior to the issuance of building permits. Building permits must not be issued based on conditional letters of map revision (CLOMRs). Approved CLOMRs allow construction of the proposed flood control project and land preparation as specified in the “start of construction” definition. Such submissions are necessary so that upon confirmation of those physical changes affecting flooding conditions, risk premium rates and floodplain management requirements are based on current data. c. Changes in Corporate Boundaries. Notify FEMA in writing whenever the corporate boundaries have been modified by annexation or other means and include a copy of a map of the community clearly delineating the new corporate limits. 5. Documentation of Floodplain Development. Obtain and maintain for public inspection and make available as needed the following: Ordinance No. 1650 (2018 Series) EXHIBIT B CITY OF SAN LUIS OBISPO Title 17 – ZONING REGULATIONS 3-77 September 2018 a. Certification required by Sections 17.78.050.A.3 and 17.78.050.D (lowest floor elevations); b. Certification required by Section 17.78.050.A.3 (elevation or floodproofing of nonresidential structures); c. Certification required by Section 17.78.050.A.3 (wet floodproofing standard); d. Certification of elevation required by Section 17.78.050.C.1 (subdivisions and other proposed development standards); e. Certification required by Section 17.78.050.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 FEMA. 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 Section. 7. Remedial Action. Take action to remedy violations of this Chapter as specified in Section 17.78.030.C (Compliance). 8. Biennial Report. Complete and submit biennial report to FEMA. 9. Planning. Ensure the General Plan is consistent with floodplain management objectives here. 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: 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. The agreement shall be recorded with the County of San Luis Obispo recorder as a deed restriction. The conversion agreement shall be in a form acceptable to the floodplain administrator and City Attorney and: (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 Chapter and other City requirements. (2) Have the authority granted to the City to inspect any area of a structure below the base flood elevation to ensure compliance upon prior notice of at least 72 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 17.78.030.B (Basis for Establishing the Areas of Special Flood Hazard). Application for a development permit shall be made on forms furnished by the City. The applicant shall provide the following minimum information: 1. Plans in duplicate, drawn to scale, showing: Ordinance No. 1650 (2018 Series) EXHIBIT B Article 3: Regulations Applicable to All Zones 3-78 September 2018 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 17.78.030.B (Basis for Establishing the Areas of Special Flood Hazard) or subsection B.3 (Review, Use, and Development of Other Base Flood Data) of this Section; 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 17.78.050.A.3 (Elevation and Floodproofing) 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 17.78.050.A.3 (Elevation and Floodproofing). 3. For a crawlspace foundation, location and total net area of foundation openings as required in Section 17.78.050.A.3 (Elevation and Floodproofing) 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 (Documentation of Floodplain Development) of this Section. D. Appeals. The Council 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. 17.78.050 – Provisions for Flood Hazard Reduction A. Standards of Construction. In all areas of special flood hazards, the following standards are required: 1. Anchoring. All new construction and substantial improvements of structures, including manufactured homes, shall be adequately anchored to prevent flotation, collapse, or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy. 2. Construction Materials and Methods. All new construction and substantial improvements of structures, including manufactured homes, shall be constructed: a. With flood-resistant materials, and utility equipment resistant to flood damage for areas below the base flood elevation; b. Using methods and practices that minimize flood damage; Ordinance No. 1650 (2018 Series) EXHIBIT B CITY OF SAN LUIS OBISPO Title 17 – ZONING REGULATIONS 3-79 September 2018 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. 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 Building 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. (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 17.78.040.B.3 (Review, Use, and Development of Other Base Flood Data). (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 (Elevation and Floodproofing) of this Section or: (1) Be floodproofed, together with attendant utility and sanitary facilities, below the elevation recommended under subsection A.3 (Elevation and Floodproofing) of this Section, so that the structure is watertight with walls substantially impermeable to the passage of water; (2) Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and (3) Be certified by a registered civil engineer or architect that the standards of subsection A.3 (Elevation and Floodproofing) of this Section are satisfied. Such certification shall be provided to the floodplain administrator. c. Flood Openings. All new construction and substantial improvements of structures with fully enclosed areas below the lowest floor (excluding basements) that are usable solely for parking of vehicles, building access or storage, and which are subject to flooding, shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwater. Designs for meeting this requirement must meet the following minimum criteria: (1) For nonengineered openings: Ordinance No. 1650 (2018 Series) EXHIBIT B Article 3: Regulations Applicable to All Zones 3-80 September 2018 (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 (2) Be certified by a registered civil engineer or architect. d. Manufactured Homes. (1) Manufactured homes located outside of manufactured home parks or subdivisions shall meet the elevation and floodproofing requirement in subsection A.3 (Elevation and Floodproofing) of this Section. (2) Manufactured homes placed within manufactured home parks or subdivisions shall meet the standards in subsection D (Standards for Manufactured Homes Within Manufactured Home Parks or Subdivisions) of this Section. Additional guidance may be found in FEMA Technical Bulletins TB 1-93 and TB 7-93. e. Garages and Low-Cost Accessory Structures. (1) Attached Garages. (a) A garage attached to a residential structure, constructed with the garage floor slab below the BFE, must be designed to allow for the automatic entry of floodwaters. See subsection A.3 (Elevation and Floodproofing) of this Section. Areas of the garage below the BFE must be constructed with flood-resistant materials. See subsection A.2 (Construction Materials and Methods) of this Section. (b) A garage attached to a nonresidential structure must meet the above requirements or be dry floodproofed. For guidance on below-grade parking areas, see FEMA Technical Bulletin TB-6. (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 17.158.016 – F Definitions, under Floodplain Management Regulations, may be constructed such that its floor is below the base flood elevation (BFE), provided the structure is designed and constructed in compliance 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; Ordinance No. 1650 (2018 Series) EXHIBIT B CITY OF SAN LUIS OBISPO Title 17 – ZONING REGULATIONS 3-81 September 2018 (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 (Floodways) of this Section; and (vi) The accessory structure must be designed to allow for the automatic entry of floodwaters in compliance with subsection A.3 (Elevation and Floodproofing) of this Section. (b) Detached garages and accessory structures not meeting the above standards must be constructed in compliance with all applicable standards in subsection A (Standards of Construction) of this Section. B. Standards for Utilities. 1. All new and replacement water supply and sanitary sewage systems shall be designed to minimize or eliminate: a. Infiltration of floodwaters into the systems; and b. Discharge from the systems into floodwaters. 2. Onsite waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding. C. Standards for Subdivisions and Other Proposed Development. 1. All new subdivisions proposals and other proposed development, including proposals for manufactured home parks and subdivisions, greater than 50 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: (1) Lowest floor elevation. (2) Pad elevation. (3) Lowest adjacent grade. 2. All subdivision proposals and other proposed development shall be consistent with the need to minimize flood damage. Ordinance No. 1650 (2018 Series) EXHIBIT B Article 3: Regulations Applicable to All Zones 3-82 September 2018 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 (Anchoring) of this Section, construction materials and methods requirements in subsection A.2 (Construction Materials and Methods) of this Section, flood openings requirements in subsection A.3 (Elevation and Floodproofing) of this Section, and garages and low-cost accessory structure standards in subsection A.3 (Elevation and Floodproofing) of this Section. 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: (a) in a new manufactured home park or subdivision; (b) in an expansion to an existing manufactured home park or subdivision; or (c) 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 shall be securely fastened to an adequately anchored foundation system to resist flotation, collapse, and lateral movement, and be elevated so that either the: a. Lowest floor of the manufactured home is at least one foot above the base flood elevation; or b. Manufactured home chassis is supported by reinforced piers or other foundation elements of at least equivalent strength that are no less than 36 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 Building 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 shall either: a. Be on the site for fewer than 180 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 17.78.040.C (Development Permit) and the elevation and anchoring requirements for manufactured homes in subsection D.1 of this Section. Ordinance No. 1650 (2018 Series) EXHIBIT B CITY OF SAN LUIS OBISPO Title 17 – ZONING REGULATIONS 3-83 September 2018 F. Floodways. Since floodways are extremely hazardous areas due to the velocity of floodwaters that 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 allowed 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. 2. If the proposed development is within a designated infill 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 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 F.2 of this Section are satisfied, all new construction, substantial improvement, and other proposed new development shall comply with all other applicable flood hazard reduction provisions of this subsection. 17.78.060 – Variance Procedure for Floodplains A. Nature of Floodplain Variances. The issuance of a Variance is for floodplain management purposes only. Insurance premium rates are determined by statute according to actuarial risk and will not be modified by the granting of a Variance. The Variance criteria contained in this Section of the Chapter are based on the general principle of zoning law that Variances pertain to a piece of property and are not personal in nature. A Variance may be granted for a parcel of property with physical characteristics so unusual that complying with the requirements of this Chapter would create an exceptional hardship to the applicant or the surrounding property owners. The characteristics must be unique to the property and not be shared by adjacent parcels. The unique characteristic must pertain to the land itself, not to the structure, its inhabitants, or the property owners. It is the duty of the Council to help protect its citizens from flooding. This need is so compelling and the implications of the cost of insuring a structure built below flood level are so serious that variances from the flood elevation or from other requirements in this Chapter are quite rare. The long-term goal of preventing and reducing flood loss and damage can only be met if Variances are strictly limited. Therefore, the Variance guidelines provided in this Chapter are more detailed and contain multiple provisions that must be met before a Variance can be properly granted. The criteria are designed to screen out those situations in which alternatives other than a Variance are more appropriate. B. Conditions for Variances. 1. Generally, Variances may be issued for new construction, substantial improvement, and other proposed new development to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, provided that the procedures of Sections 17.78.040 (Administration) and 17.78.050 (Provisions for Flood Hazard Reduction) of this Chapter have been fully considered. As the lot size increases beyond one-half acre, the technical justification required for issuing the Variance increases. Ordinance No. 1650 (2018 Series) EXHIBIT B Article 3: Regulations Applicable to All Zones 3-84 September 2018 2. Variances may be issued for the repair or rehabilitation of “historic structures” (as defined in Chapter 158: 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 de termination that the Variance is the “minimum necessary,” considering the flood hazard, to afford relief. “Minimum necessary” means to afford relief with a minimum of deviation from the requirements of this Chapter. For example, in the case of variances to an elevation requirement, this means the Council need not grant permission for the applicant to build at grade, or even to whatever elevation the applicant proposes, but only to that elevation which the Council believes will both provide relief and preserve the integrity of this Chapter. 5. Any applicant to whom a Variance is granted shall be given written notice over the signature of the floodplain administrator that: a. The issuance of a Variance to construct a structure below the base flood level will result in increased premium rates for flood insurance up to amounts as high as 25 dollars for 100 dollars of insurance coverage; and b. Such construction below the base flood level increases risks to life and property. It is recommended that a copy of the notice shall be recorded by the floodplain administrator in the Office of the County of San Luis Obispo recorder and shall be recorded in a manner so that it appears in the chain of title of the affected parcel of land. 6. The floodplain administrator shall maintain a record of all Variance actions, including justification for his/her issuance, and report such variances issued in its biennial report submitted to the Federal Emergency Management Agency. C. Authority to Grant Variances. Notwithstanding the provisions of Chapter 17.114 (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 acting upon requests for Variances, the Council shall consider all technical evaluations, all relevant factors and standards specified in other Sections of this Chapter, and the: a. Danger that materials may be swept onto other lands to the injury of others; b. Danger of life and property due to flooding or erosion damage; c. Susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the existing individual owner and future owners of the property; d. Importance of the services provided by the proposed facility to the community; e. Necessity to the facility of a waterfront location, where applicable; f. Availability of alternative locations for the proposed use which are not subject to flooding or erosion damage; Ordinance No. 1650 (2018 Series) EXHIBIT B CITY OF SAN LUIS OBISPO Title 17 – ZONING REGULATIONS 3-85 September 2018 g. Compatibility of the proposed use with existing and anticipated development; h. Relationship of the proposed use to the General 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 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 Section are satisfied and that the structure or other development is protected by methods that minimize flood damages during the base flood and does not result in additional threats to public safety and does not create a public nuisance. 4. Upon consideration of the factors of subsection B of this Section and the purposes of this Chapter, the Council may attach such conditions to the granting of Variances as it deems necessary to further the purposes of this Chapter. Ordinance No. 1650 (2018 Series) EXHIBIT B Article 3: Regulations Applicable to All Zones 3-86 September 2018 Chapter 17.80. Street Regulations Sections: 17.80.010 – Building Setback Lines For Master Plan of Streets 17.80.020 – Street Right-of-Way Dedication and Improvement 17.80.010 – Building Setback Lines For Master Plan of Streets A. Title. This Section shall be known and cited as the “Official Building Setback Line Ordinance” of the City. B. Purpose—Adoption of Building Setback Lines. This Section is enacted to enable adoption of official building setback lines for the City, and to provide for the designation, recording, enforcement of, and appeal from such official building setback lines. C. Purpose—Protection of Master Street and Highway Plan. The purpose of this Section is to protect the master street and highway plan adopted by the City. The street and highway plan has been adopted in order to: 1. Serve as a general guide for the development of streets and highways; 2. Promote the public welfare, safety, and convenience; 3. Provide a comprehensive guide for capital outlay on street and highway improvements in the City; 4. Provide an authentic source of information for residents and investors in the City; 5. Obviate the menace to the public safety and the damage to property values resulting from inadequate provision of traffic thoroughfares. D. Designation on Maps—Contents of Maps. 1. City Engineer. Official building setback lines shall be designated on maps drawn up by the City Engineer at the request of the Council or at the request of the Planning Commission, acting through the Council. 2. Scale. The official building setback maps shall show all buildings adjacent to the street, or proposed street, at a scale of one inch equals 50 feet, and they shall show the existing right-of-way widths, if any, as well as any proposed changes in the street. The maps shall be titled “Official Building Setback Lines of (name of street or highway).” There shall be statements of adoption by the Planning Commission and the Council on each map. E. City Clerk to Keep Up-to-date Copies of Maps. 1. Up-to-Date Maps. The City Clerk is instructed to keep up-to-date maps which shall show the streets or portions of streets upon which official building setback lines have been established. 2. Not Recorded. The maps shall not be recorded. F. Planning Commission Public Hearing. In order to adopt any additional building setback line maps, the Planning Commission shall be in receipt of the map from the City Engineer and shall hold at least one public hearing thereon. Ordinance No. 1650 (2018 Series) EXHIBIT B CITY OF SAN LUIS OBISPO Title 17 – ZONING REGULATIONS 3-87 September 2018 Notice of the hearing shall be as set forth in Chapter 17.122 (Public Notices and Hearings). The Planning Commission shall submit its findings in writing to the Council within 90 days after the notice of the hearing. G. Council Public Hearing. Upon receipt of the report from the Planning Commission, the Council shall set a date for at least one public hearing and give public notice of the hearing as prescribed in Chapter 17.122 (Public Notices and Hearings). At such time as the hearing is concluded by the Council, it may adopt the official building setback line map as an amendment to subsection H (Maps Are Part of Section Provisions) of this Section, or resubmit the map to the Planning Commission for further study. H. Maps Are Part of Section Provisions. Official building setback line maps and all the notations on the maps are made a part of this Section at the time of their adoption by the Council, and the maps constitute subsections under this Sections. The centerline shown on any building setback line map is designated as the official centerline of the street. I. 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 43 feet in nonresidential zones and 38 feet in residential land use districts, on both sides of the centerline shown on the map. J. 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 43 feet in nonresidential zones and 38 feet in residential zones, on both sides of the centerline shown on the map, except on Sheets 2A and 3A as amended by Ordinance No. 346, 1966 Series. K. 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 43 in nonresidential zones and 38 feet in residential zones, on both sides of the centerline shown on the map. 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 43 feet in commercial and manufacturing land use districts, on both sides of the centerline shown on the map. M. Broad Street - Marsh to Southeast City Limits. An official building setback line is established on both sides of Broad Street, from Marsh Street to the southeasterly City limit line, excepting therefrom that portion from Pismo Street to High Street, for 40 feet from the existing centerline of this portion of Broad Street. 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 compliance 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 Council by ordinance on February 16, 1982, and as amended by the Council by ordinance on August 16, 1994, on file in the office of the City Clerk. The setback line may be amended in the event that the City, at its sole discretion, chooses to construct, or cause to be constructed, improvements which require a reduced area. 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,” this map being dated May 17, 1965. P. South Higuera Street. The map adopted by Ordinance No. 313, 1965 Series, is designated as the “Official Building Setback Line of South Higuera Street,” this map being dated June 7, 1965. Q. 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 compliance with the official map designated “Official Building Ordinance No. 1650 (2018 Series) EXHIBIT B Article 3: Regulations Applicable to All Zones 3-88 September 2018 Setback Line for South Higuera Street, between Marsh Street and Madonna Road,” dated September 7, 1965, as amended by the Council by ordinance on April 21, 1981, and as amended by the Council by ordinance on September 18, 2001, on file in the office of the City Clerk. R. 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 45 feet from the centerline of the Santa Rosa Street. No person shall erect or construct, or cause to be erected or constructed, or begin to erect or construct, any building, wall, fence, sign, or other structure within the space between the setback lines described in this Section and the line of the street in front of the property on which the setback lines exist. S. Higuera Street - Prado Road to South City Limit. An official building setback line is established along both sides of Higuera Street from Prado Road to the southerly City limits in compliance with the map dated January 20, 1969, on file in the office of the City Clerk, and the line shall be 42 feet from the centerline on both sides of Higuera Street. T. 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 compliance with the map dated January 20, 1969, on file in the office of the City Clerk and the line shall be 40 feet from the centerline on both sides of Santa Rosa Street. U. 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 compliance with the official map dated November 3, 1969, on file in the office of the City Clerk, and the line shall be 29 feet from the centerline on both sides of Osos Street. V. Santa Barbara Avenue - High Street to Broad Street. An official building setback line is established at 37 feet easterly of the existing centerline of Santa Barbara Avenue, from High Street to Broad Street (State Highway 227), along with 17-foot radius property returns at the High Street and Roundhouse Avenue intersections, in compliance with the map dated November 6, 2001, on file in the office of the City Clerk. W. No New Structures to Be in Setback Area—Exceptions. 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 Section, nor within the setback areas designated under Article 2 of these Zoning Regulations, measured from the official setback lines established by this Section, except as provided for under subsection X (Appeals from Section 17.80.010) of this Section. 2. Exception for Existing Structures. All buildings or structures as they are presently located and built along streets named in this Section, and for which setback lines have been or are hereby established, are expressly excepted from the effects hereof. X. Appeals from Section 17.80.010 1. Council Decision and Findings. a. Variance Required. The Council shall hear and decide appeals through the Variance procedures from the strict application of Section 17.80.010 for the modification of street setback standards or elimination of the setback ordinance from any property damaged thereby. b. Planning Commission Findings. In order to make a recommendation contrary to the provisions stated in subsection W (No New Structures to Be in Setback Area–Exceptions) of this Section, or to recommend Ordinance No. 1650 (2018 Series) EXHIBIT B CITY OF SAN LUIS OBISPO Title 17 – ZONING REGULATIONS 3-89 September 2018 that any property be completely excepted from the building setback line restrictions, the Council must find: (1) That the property of which the official building setback line is a part is of such nature that the owner of the land will be substantially damaged by the refusal to grant the permit or exception 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. 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 that would have been prevented by the effect of the particular building setback line, no building permit shall be granted without the Council having first been given 60 days within which it may choose, by resolution, to acquire such property as is necessary for future street widening purposes. If the Council chooses not to acquire the property, the Council shall then determine whether a permit should be granted to the applicant. Y. Enforcement—Nonconforming Buildings and Structures Declared Unlawful and a Nuisance—Abatement. 1. Building Official. It shall be the duty of the Building Official to enforce this Section. The Building Official shall not issue any such permit in conflict with the terms of this Section, and any such permit or license issued in conflict with the provisions of this Section shall be null and void. 2. Public Nuisance. Any building or structure erected or moved contrary to the provisions of this Section shall be and the same is declared to be unlawful and a public nuisance; and the City Attorney shall, upon order of the Council, immediately commence action or proceedings for the abatement and removal and enjoinment thereof in the manner provided by law, and shall take such other steps and shall apply to such courts as may have jurisdiction to grant such relief as will abate and remove such building or structure. 17.80.020 – Street Right-of-Way Dedication and Improvement A. Purpose. This Section establishes requirements and procedures for the purchase, dedication, and improvement of the street right-of-way specified in Section 17.80.010 (Building Setback Lines for Master Plan of Streets) and in the Circulation Element of the General Plan. B. General Requirements and Procedures. 1. City Engineer Responsibilities. The City Engineer shall establish setback lines and grades for the purchase, dedication, or improvement of any street right-of-way specified in Section 17.80.010 (Building Setback Lines for Master Plan of Streets). The City Engineer shall also resolve any uncertainty regarding these setback lines and grades. 2. Recordation of Nonconformities. If purchase or dedication of property creates nonconforming conditions, the City shall record this nonconformity with the County Recorder for the information of future property owners. 3. Undergrounding of Utilities. When feasible, the City shall ensure that overhead utility lines along the proposed right-of-way are placed underground prior to completion of the street widening. Ordinance No. 1650 (2018 Series) EXHIBIT B Article 3: Regulations Applicable to All Zones 3-90 September 2018 4. Public Facilities. When funds are available, the City shall ensure that inadequate or deficient public facilities (water, sewer, fire hydrant, storm drain) are replaced prior to completion of the street widening. 5. Street Trees. When funds are available, the City shall ensure that street trees are planted in conjunction with the street widening. Under specified conditions, the City may require property owners to plant required trees. 6. Private Signs. Replaced private signs shall conform to the sign ordinance codified in Chapter 15.40. 7. Curbside Parking. The City cannot guarantee a permanent right to curbside parking. 8. Subdivisions. Notwithstanding the provisions of this Chapter, new subdivisions shall adhere to the requirements stated in Title 16 of this Municipal Code. C. Special Requirements. The Council shall adopt a resolution establishing requirements under the following conditions: 1. Where the City initiates construction of a street widening and purchases property lying within a proposed right- of-way; 2. Where a property owner applies to improve property; 3. Where a property owner applies for a use permit; 4. Where a property owner voluntarily dedicates property lying within a proposed right-of-way. D. Appeal. Any person required to dedicate land or make improvements under the provisions of this Chapter may appeal to the Council, in writing, any determination made by the City Engineer or the application of these provisions to the property. The appeal must be filed prior to execution of the agreement to make the dedication and/or improvements. 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 that does not apply to other properties similarly situated. Upon finding by the Council of such undue hardship, the Council may make such modifications in the dedication and improvements as the Council deems just. Chapter 17.82. Reserved Chapter 17.84. Reserved Ordinance No. 1650 (2018 Series) EXHIBIT B CITY OF SAN LUIS OBISPO Title 17 – ZONING REGULATIONS 4-1 September 2018 ARTICLE 4: REGULATIONS FOR SPECIFIC LAND USES AND ACTIVITIES Chapter 17.86. Regulations For Specific Land Uses and Activities Sections: 17.86.010 – Purpose and Applicability 17.86.020 – Accessory Dwelling Units and Guest Quarters 17.86.030 – Adult Entertainment Businesses 17.86.040 – Alcoholic Beverage Sales - Deemed Approved Regulations and Standards 17.86.050 – Alcoholic Beverage Sales – Bar, Live Entertainment, Late Night Service 17.86.060 – Alcoholic Beverages and Motor Fuel – Concurrent Sales 17.86.070 – Bed and Breakfast Establishments 17.86.080 – Reserved 17.86.090 – Convenience Stores 17.86.100 – Day Care 17.86.110 – Electronic Game Amusement Centers 17.86.120 – Food Trucks (Mobile Food Vendors) 17.86.130 – Fraternities and Sororities 17.86.140 – Home Occupations 17.86.150 – Homeless Shelters 17.86.160 – Homestay Rentals 17.86.170 – Household Pets Boarding and Kennels – Outdoor Areas 17.86.180 – Manufacturing 17.86.190 – Outdoor Sales on Commercial and Residential Lots 17.86.200 – Parking as a Primary Use 17.86.210 – Recreational Vehicles: Use as Dwelling; Parked on a Private Lot 17.86.220 – Recycling Facilities 17.86.230 – Safe Parking 17.86.240 – Schools 17.86.250 – Service/Fueling Stations 17.86.260 – Temporary and Intermittent Uses 17.86.270 – Utilities Facilities 17.86.280 – Vending Machines 17.86.290 – Wireless Telecommunications Facilities 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 within individual or multiple zones, as set forth in Chapter 17.10 (Use Regulations), and for activities that require special standards to reduce their potential adverse impacts. 17.86.020 – Accessory Dwelling Units and Guest Quarters A. 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 Chapter 17.156 (Land Use Definitions). B. Accessory Dwelling Units. The provisions in this Subsection shall apply to accessory dwelling units as defined in Chapter 17.156 (Land Use Definitions) and where allowed in compliance with Chapter 17.10 (Use Regulations). Ordinance No. 1650 (2018 Series) EXHIBIT B Article 4: Regulations for Specific Land Uses 4-2 September 2018 1. Purpose. The purpose of this Chapter is to provide for the creation of accessory dwelling units in a manner that is consistent with requirements identified in Government Code Section 65852.2, as amended from time to time. Implementation of this Section is meant to expand housing opportunities by increasing the number of smaller units available within existing neighborhoods. 2. General Requirements. a. Application. Where this Section does not contain a particular type of standard or procedure, conventional zoning standards and procedures shall apply. b. Areas Where Accessory Dwelling Units Are Allowed. Upon meeting the requirements of this Section, accessory dwelling units may be established in any zone that allows single-unit residential dwellings, when the primary use on the site is an existing or proposed single-unit residential dwelling. The existing or proposed single-unit residential dwelling is referred to as “primary unit” in this Section. c. Areas Prohibited. Accessory dwelling 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. d. No Subdivision of Property. No subdivision of property shall be allowed where an accessory dwelling unit has been established unless the subdivision meets all requirements of Zoning and Subdivision Regulations. e. Sale of Property. This Section shall apply to new owners of property where an accessory dwelling unit has been established. All conditions of Director’s Action to allow exceptions to maximum unit size (if applicable), restrictive covenants and other contractual agreements with the City shall apply to the property and the new owners. f. Unit Types Allowed. An accessory dwelling unit may be either attached or detached from the primary single-unit residential dwelling on the lot. (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-unit residential dwelling unit or existing accessory structure. (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-unit residential dwelling unit. g. Size of Accessory Dwelling Unit. The gross floor area of an accessory dwelling unit shall be no less than a 150 square feet and shall not exceed the lesser of 50 percent of the primary unit’s existing living area or 800 square feet. The Director may authorize an exception to this standard to allow an accessory dwelling unit up to 1,200 square feet through the Director’s Action process. h. Limitation on Number. Accessory dwelling units are limited to one unit per property. 3. Performance Standards and Compatibility. a. Design Standards. Accessory dwelling units shall conform to all applicable development standards of the underlying zone, including but not limited to height, setback area, parking, and building coverage. An accessory dwelling unit that conforms to this Section shall not be considered a dwelling unit for the purpose of calculating density. Ordinance No. 1650 (2018 Series) EXHIBIT B CITY OF SAN LUIS OBISPO Title 17 – ZONING REGULATIONS 4-3 September 2018 (1) Accessory dwelling units shall conform to all applicable building and construction codes. (2) No passageway, defined as 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 unit. (3) No setback shall be required for an existing garage that is converted to an accessory 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 unit that is constructed above a garage. (5) Accessory dwelling units shall not be required to provide fire sprinklers if fire sprinklers are not required for the primary residence. (6) No additional parking spaces shall be required for an accessory dwelling unit. 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 unit, replacement parking spaces may be located in any configuration on the same lot as the accessory 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. c. Historic Resources. Accessory dwelling units on listed historic properties and in historic districts shall be found consistent with the historic preservation ordinance, including historic preservation guidelines and Secretary of the Interior standards for the treatment of historic properties. 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 accessory dwelling units, a new utility connection for the accessory dwelling units and payment of impact fees shall be required. e. Architectural Compatibility. Accessory dwelling units shall be architecturally and functionally compatible with the primary residence. The accessory dwelling unit shall comply with the following design standards: (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. (2) Materials. The materials of the accessory dwelling unit shall match or be compatible with the materials of the primary residence on the property. 4. Procedure Requirements. An accessory dwelling unit that meets the standards contained in this Section shall be subject to ministerial review (building permit) and approval without discretionary review (i.e., Use Permit, Architectural Review, etc.) or public hearing. Within 120 days of receiving a complete application, the City shall approve any such application which complies with all applicable requirements and development standards identified in this Chapter. 5. Owner-Occupancy. The owner of the property shall occupy either the primary residence or the accessory dwelling unit. The Director may waive this requirement in one-year increments, not to exceed a total of five Ordinance No. 1650 (2018 Series) EXHIBIT B Article 4: Regulations for Specific Land Uses 4-4 September 2018 consecutive years, based on a showing of a hardship. A hardship shall include, but not be limited to, inheritance of property with an accessory dwelling unit. 6. Covenant Agreement. Prior to the issuance of building permits for an accessory dwelling unit, a covenant agreement shall be recorded which discloses the structure’s approved floor plan and status as an “accessory dwelling unit” and agreeing that the property will be owner occupied. This agreement shall be recorded in the office of the County Recorder to provide constructive notice to all future owners of the property. 7. Violations. Violation of any of the provisions shall be subject to basic code enforcement action as provided in Title 1 of the Municipal Code. C. Guest Quarters. 1. Purpose and Intent. 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. Applicability. This Section does not apply to legally established dwellings or accessory dwelling units, or accessory structures which are separately defined in Chapter 17.158 (General Definitions). 3. General Requirements. 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. c. Density and Development Standards. Guest quarters shall be consistent with density provisions and development standards of the underlying zone. For the purposes of calculating density in multi-unit residential 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). d. Zones in Which Guest Quarters May Be Allowed. Upon meeting the requirements in this Section, 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-unit residential dwelling. 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. 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. g. No Separate Rental. Guest quarters may not be rented separately from the primary dwelling unit. Ordinance No. 1650 (2018 Series) EXHIBIT B CITY OF SAN LUIS OBISPO Title 17 – ZONING REGULATIONS 4-5 September 2018 h. No Kitchen Facilities. No facilities meeting the definition of a “kitchen” as defined in Chapter 17.158 (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 that 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.” 4. Procedure Requirements. Prior to filing building plans with the City Building Division, the following shall be met: a. Architectural Review Required. All requests shall be reviewed for consistency with the City’s Community Design Guidelines and this Section. The Director shall determine, upon receiving a complete application, whether the project shall be forwarded to the Architectural Review Commission for review. All new development projects within historic districts or within properties that contain designated historic structures shall be referred to the cultural heritage committee to be reviewed for consistency with Secretary of Interior standards for treatment of a historic property. b. Application Contents. A guest quarters permit shall be approved by the Director prior to the submittal of documents requesting construction approval. No additional application fees for architectural review shall be required. c. Owners Agreement with the City. Prior to the issuance of construction permits, a covenant agreement shall be recorded that 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 City upon reasonable time and notice to inspect the premises for compliance with the agreement and to verify continued compliance with requirements of this Section and Health and Safety 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 shall no longer be used as overnight sleeping quarters. 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 A. Purpose and Intent. The purpose and intent of this Chapter is to regulate adult businesses which, unless closely regulated, tend to have serious secondary effects on the community, including, but not limited to, the following: depreciation of property values; increase in vacancies in residential and commercial areas in the vicinity of adult businesses; interference with residential property owner’s enjoyment of their properties when such properties are located in the vicinity of adult businesses, as a result of increases in crime, litter, noise, and vandalism; higher crime rates in the vicinity of adult businesses; and blight conditions such as inadequate maintenance of commercial premises and parking lots, which thereby have a deleterious effect upon adjacent areas. Special regulation of these businesses is necessary to prevent these adverse effects and the blighting or degradation of the neighborhoods in the vicinity of adult businesses. It is neither the intent nor the effect of these regulations to impose limitations or restrictions on the content of any communicative material. Similarly, it is neither the intent nor the effect of these regulations to restrict or deny Ordinance No. 1650 (2018 Series) EXHIBIT B Article 4: Regulations for Specific Land Uses 4-6 September 2018 access by adults to communicative materials or to deny access by the distributors or exhibitors of adult business to their intended lawful market. Nothing in these regulations is intended to authorize, legalize, or permit the establishment, operation, or maintenance of any business, building, or use which violates any City ordinance or any statute of the State regarding public nuisances, unlawful or indecent exposure, sexual conduct, lewdness, obscene or harmful matter or the exhibition or public display thereof. B. Definitions. 1. “Adult entertainment business” shall mean those businesses as defined as follows: a. 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: (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.” (2) Instruments, devices or paraphernalia which are designed to be used in connection with “specified sexual activities;” or (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. “Adult live entertainment theater” means any place, building, enclosure or structure, partially or entirely used for “live adult entertainment” performances or presentations characterized by an emphasis on depicting, exposing, displaying, describing or relating to “specified sexual activities” or “specified anatomical areas” for observation by patrons or customers therein. “Live adult entertainment” means any physical human body activity, whether performed or engaged in alone or with other persons, including but not limited to singing, walking, speaking, dancing, acting, posing, simulating, wrestling or pantomiming, in which the performer or performers expose to public view without opaque covering “specified anatomical areas” for entertainment value for any form of consideration. c. “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. “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 Ordinance No. 1650 (2018 Series) EXHIBIT B CITY OF SAN LUIS OBISPO Title 17 – ZONING REGULATIONS 4-7 September 2018 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. Exceptions. An “adult entertainment business” shall not include: (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. (2) Persons depicting “specified anatomical areas” in a modeling class operated: (a) By a college, junior college, or university supported entirely or partly by public revenue; or (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 (c) In a structure operated either as a profit or not-for-profit facility: (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 (ii) where, in order to participate in a class, a student must enroll at least three days in advance of the class. (3) The practice of massage in compliance with Chapter 5.56 of this Code. 2. “Specified anatomical areas.” “Specified anatomical areas” shall include the following: 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 b. Human male genitals in a discernibly turgid state, even if completely and opaquely covered. 3. “Specified sexual activities.” “Specified sexual activities” shall include the following: 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 b. Clearly depicted human genitals in a state of sexual stimulation, arousal or tumescence; or c. Human or animal masturbation, sodomy, oral copulation, coitus, ejaculation; or d. Fondling or touching of nude human genitals, pubic region, buttocks or female breast; or e. Masochism, erotic or sexually oriented torture, beating or the infliction of pain; or Ordinance No. 1650 (2018 Series) EXHIBIT B Article 4: Regulations for Specific Land Uses 4-8 September 2018 f. Erotic or lewd touching, lewd fondling or other lewd contact with an animal by a human being; or g. Human excretion, urination, menstruation, vaginal or anal irrigations. 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. 6. “Operator.” “Operator” shall mean and include the owner, custodian, manager or person in charge of any adult entertainment business. 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. 8. “Person.” “Person” shall mean an individual, proprietorship, partnership, corporation, association, or other legal entity. 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. 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 mobile home park as defined in this Code. 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. 12. “Sensitive uses.” “Sensitive uses” shall include religious institutions, residential zones and schools. C. Location of Adult Entertainment Businesses. 1. No person shall operate or establish an “adult entertainment business,” as defined in this Code, in any area of the City, except the retail-commercial (C-R) zone or the tourist commercial (C-T) zone. 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 City except the retail-commercial (C-R) zone or the tourist-commercial (C-T) zone. 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: 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: Ordinance No. 1650 (2018 Series) EXHIBIT B CITY OF SAN LUIS OBISPO Title 17 – ZONING REGULATIONS 4-9 September 2018 (1) 700 feet from any lot of land which is locate in a residential zone. (2) 700 feet from any lot of land upon which a religious institution or school is located. b. For the purpose of this Chapter, all distances shall be measured in a straight line, without regard for intervening structures, using the closest property lines of the lots of the land involved. D. Design and Performance Standards. The establishment or operation of an adult entertainment business shall comply with the applicable fees and site development standards, including, but not limited to, parking and design review, and the requirements of the Uniform Codes adopted in compliance with Chapter 15.04 of the San Luis Obispo Municipal Code. An adult entertainment business shall comply with the applicable City business tax requirements. In addition, adult entertainment businesses shall comply with the following design and performance standards: 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. 2. Each adult entertainment business shall have a business entrance separate from any other nonadult business located in the same building. 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. 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. 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. 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. 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. 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 allowed 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 allowed access for any adult purpose, excluding restrooms, from at least one of the manager’s stations. The view required in this subsection shall be by direct line of sight from the manager’s station. Ordinance No. 1650 (2018 Series) EXHIBIT B Article 4: Regulations for Specific Land Uses 4-10 September 2018 9. No individual viewing area may be occupied by more than one person at any one time. 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. 10. Off-street parking shall be provided for the adult entertainment business in compliance with the parking provisions of San Luis Obispo Municipal Code Chapter 17.72 (Parking and Loading). 11. An off-site security program shall be prepared and implemented including the following items: 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 foot candle (10 luxes) (one candlepower) of light on the parking surface and/or walkway. 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 foot candles (20 luxes) (two candlepower) of light on the floor surface. E. Severance Clause. If any Section, subsection, paragraph, subparagraph or provision of this Chapter or the application thereof to any person, property or circumstance is held invalid, the remainder of the Chapter and the application of such to other persons, properties or circumstances shall not be affected thereby. F. Violations. It shall be unlawful to establish or operate an adult entertainment business in violation of this Chapter. Any person who violates any provision of this Chapter shall be guilty of a misdemeanor. Nothing in this Chapter shall be deemed or constituted to prevent the city from commencing any civil proceeding otherwise authorized by law for the declaration or abatement of a public nuisance. 17.86.040 – Alcoholic Beverage Sales - Deemed Approved Regulations and Standards A. Title of Deemed Approved Alcoholic Beverage Sale Regulations. The provisions of this Section shall be known as the “Alcoholic Beverage 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 Minor 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 subsection G of this Section 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; Ordinance No. 1650 (2018 Series) EXHIBIT B CITY OF SAN LUIS OBISPO Title 17 – ZONING REGULATIONS 4-11 September 2018 4. To provide that alcohol outlets specified in this Section 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 Alcoholic Beverage Sales - Deemed Approved Regulations. This Section shall apply to the following alcoholic beverage sales commercial activities within the City which have been established without approval prior to the effective date of the ordinance codified in this Section and as defined in Chapter 17.156 (Land Use Definitions): 1) Eating and Drinking Establishments – Bars, Nightclubs, and Taverns, 2) Eating and Drinking Establishments – Restaurant with late hour alcohol service, and 3) Food and Beverage Sales – Liquor Stores. D. Duplicated Regulation. Whenever any provision of this Section and any other provision of law, whether identified in this Code, or in any other law, ordinance, or resolution of any kind, impose overlapping or contradictory regulations, or contain restrictions covering any of the same subject matter, that provision which is more restrictive or imposes higher standards shall control, except as otherwise expressly provided in this Section. E. Administrative Hearing Officer. There is created an alcoholic beverage sales administrative hearing officer (administrative hearing officer) appointed by the City 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 City officers or bodies in the field of monitoring and ensuring the harmony of alcoholic beverage sale commercial activities in the City. These parties shall have the powers and duties assigned to them by the Zoning Regulations, other codes and ordinances, City Charter, or by valid administrative authority. F. Definitions. The meaning and construction of words and phrases in this Section shall be consistent with Article 9 (Definitions). G. Alcoholic Beverage Sales - Deemed Approved Performance Standards. 1. Title and Purpose. The provisions of this subsection shall be known as the “Deemed Approved Performance Standards.” The purpose of these standards is to control dangerous or objectionable environmental effects of alcoholic beverage sales commercial activities applicable to this Section. 2. Standards. These standards shall apply to the following alcoholic beverage sales commercial uses listed in Table 2-1: Uses Allowed by Zone, under the category “Eating and Drinking Establishments – Bars, Nightclubs, and Tavern” and ““Eating and Drinking Establishments – Restaurant with late-hour alcohol service”, and “Food and Beverage Sales – Liquor Store,” as defined in Chapter 17.156 (Land Use Definitions). This Section is applicable to these uses under the following circumstances: a. Alcoholic beverage commercial uses which have been established without approval prior to the effective date of the ordinance, June 18, 2012, codified in this Section. b. Alcoholic beverage commercial uses which are inconsistent with Table 2-1: Uses Allowed by Zone of this Title and have been established prior to the effective date of the ordinance codified in this Section. 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: Ordinance No. 1650 (2018 Series) EXHIBIT B Article 4: Regulations for Specific Land Uses 4-12 September 2018 a. That it does not result in adverse effects to the health, peace or safety of persons residing or working in the surrounding area; b. That it does not result in jeopardizing or endangering the public health or safety of persons residing or working in the surrounding area; 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 between the hours of 12:00 midnight and 7:00 AM, traffic violations, curfew violations, lewd conduct, or police detentions and arrests; d. That it does not result in violations to any applicable provision of any other City, State, or Federal regulation, ordinance or statute; and 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. H. Deemed Approved Status Procedure. 1. Deemed Approved Status Procedure. The provisions of this Section shall be known as the “Alcoholic Beverage Sales - Deemed Approved Status Procedure.” The purposes of these provisions are to: (1) provide notice of deemed approved status upon alcoholic beverage sales commercial activities applicable to this Section; (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. 2. Automatic Deemed Approved Status. All alcoholic beverage sales commercial activities applicable to this Section in compliance with subsection G of this Section shall automatically become deemed approved activities as of the effective date of the ordinance codified in this Section. Each such deemed approved activity shall retain its deemed approved status as long as it complies with the deemed approved performance standards in subsection G of this Section. 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 subsection G of this Section, 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. 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 subsection G of this Section, and once it is determined by the City that violations appear to be occurring, then a public hearing will be scheduled before the administrative hearing officer, as follows: a. 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 30 calendar days’ advance notice of the public hearing. Interested parties are defined as those that have Ordinance No. 1650 (2018 Series) EXHIBIT B CITY OF SAN LUIS OBISPO Title 17 – ZONING REGULATIONS 4-13 September 2018 made a request with the City 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. b. In all instances in which the complaint involves an establishment within the boundaries of the downtown association, the downtown association may, within the 30-day period preceding the hearing, schedule a meeting with authorized representatives of the establishment to review the facts underlying the complaint and the establishment’s response to the complaint and to develop input to be conveyed to the administrative hearing officer regarding the downtown association’s recommendation regarding the complaint and any measures the downtown association suggests to address the complaint. (1) Nothing herein shall require the business establishment within the boundaries of the downtown association to participate in the meeting with the downtown association, but the downtown association shall advise the administrative hearing officer if an establishment declines to participate and the administrative hearing officer may consider the establishment’s failure to participate in determining appropriate remedies if a violation is found to have occurred after considering all testimony presented during the public hearing. (2) 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 in compliance with this Section, or in compliance with procedures established by the City, shall not constitute grounds to cancel the public hearing or invalidate the actions for which the notice was given. (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’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. 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 identified in subsection G of this Section 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 10 calendar days after the date of decision unless appealed to the Planning Commission in compliance with Chapter 17.126 (Appeals). Ordinance No. 1650 (2018 Series) EXHIBIT B Article 4: Regulations for Specific Land Uses 4-14 September 2018 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 identified subsection G of this Section, 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 subsection G of this Section. 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 10 calendar days after the date of decision unless appealed to the Planning Commission in compliance with subsection H.6 of this Section. The decision of the Planning Commission shall be final unless appealed to the Council in compliance with subsection H.7 of this Section. 6. Appeal to Planning Commission. Appeals of the decisions of the administrative hearing officer may be filed in compliance with Chapter 17.126 (Appeals). In considering the appeal, the Planning 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. 7. Appeal to Council. Appeals of the decisions of the Planning Commission may be filed in compliance with Chapter 17.126 (Appeals). In considering the appeal, the Council shall determine whether the deemed approved activity conforms to the applicable deemed approved performance standards, and may approve or deny the revocation or require such changes therein or impose such reasonable conditions of approval as are in its judgment necessary to ensure conformity to said standards. I. Enforcement Procedure. 1. Applicability. The provisions of this subsection shall apply to the enforcement of this Section. 2. Official Action. All officials, departments, and employees of the City vested with the authority to issue permits, certificates, or licenses shall adhere to, and require conformance with, this Section. 3. Infractions. Any person who violates, causes, or permits another person to violate any provision of this Section is guilty of an infraction unless otherwise provided. 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 Section is committed, continued, allowed, or caused by such violator and shall be punishable accordingly. 5. Any Violation a Public Nuisance. In addition to the penalties provided in this subsection, any use or condition caused or allowed to exist in violation of any of the provisions of this Section shall be and is declared to be a public nuisance and may be summarily abated as such by the City. 6. Injunction as Additional Remedy. Any violation of any provision of this Section shall be and is declared to be contrary to the public interest and shall, at the discretion of the City, create a cause of action for injunctive relief. 7. Penalties. Any person convicted of an infraction under the provisions of this subsection shall be punishable by a fine to the maximum allowed under State law. Any violation beyond the second conviction within a one- year period may be charged by the City Attorney as a misdemeanor, and the penalty for conviction shall be punishable by a fine or imprisonment to the maximum allowed under State law. Ordinance No. 1650 (2018 Series) EXHIBIT B CITY OF SAN LUIS OBISPO Title 17 – ZONING REGULATIONS 4-15 September 2018 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 City or any of its contractors in correction, abatement, and prosecution of the violation. 9. Enforcement. The City 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 Eating and Drinking Establishments - Bars, Live Entertainment and Taverns, and Eating and Drinking Establishments – Restaurant with Late-Night Alcohol Service as defined in Chapter 17.156 (Land Use Definitions) and where allowed in compliance with Chapter 17.10 (Use Regulations). 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 and nearby residences, including, but not limited to, ensuring that all windows and doors are closed no later than 10:00 PM, 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’ onsite 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). Ordinance No. 1650 (2018 Series) EXHIBIT B Article 4: Regulations for Specific Land Uses 4-16 September 2018 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 Section 17.110.070 (Required Findings): 1. The 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. The use will not result in adverse effects to the health, peace, or safety of persons residing or working in the surrounding area; 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 A. General Prohibition. Concurrent sales of motor fuel and alcoholic beverages at a service/fueling station other than beer or wine are prohibited. For purposes of this Section, “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 at the same location or utilizing a single financial transaction, is engaging in concurrent sales of motor fuel and beer or wine and shall be subject to this Section. 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 Chapter 17.10 (Use Regulations), in addition to the following: 1. There shall be no sales of beer or wine for onsite consumption; 2. Beer or wine may be sold only in conjunction with selling groceries and other sundries and convenience items; Ordinance No. 1650 (2018 Series) EXHIBIT B CITY OF SAN LUIS OBISPO Title 17 – ZONING REGULATIONS 4-17 September 2018 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. 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 Permit, the review authority shall make the following findings in addition to findings contained in Section 17.110.070 (Required Findings): 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, 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 zone at this location and the sale of beer or wine concurrent with motor fuel would not result in the expansion of a nonconforming use. 17.86.070 – Bed and Breakfast Establishments A. Purpose and Applicability. The provisions in this Section shall apply to bed and breakfast establishments, as defined in Chapter 17.156 (Land Use Definitions) and where allowed in compliance with Chapter 17.10 (Use Regulations). The purpose is to establish standards for the development of bed and breakfast establishments within the residential and agriculture zones of the City upon conforming to set criteria and conditions. The intent of these standards is to ensure that the location, concentration, and design of bed and breakfast establishments are consistent with or does not negatively affect the character or function of the neighborhood and surroundings. B. Applications and Approvals Required. In addition to the applicable permit requirements identified in Chapter 17.10 (Use Regulations), review by the Cultural Heritage Committee and Architectural Review Commission may be required depending upon the type of changes proposed to any structure intended for use as a bed and breakfast establishment. C. General Standards. The following standards apply to all bed and breakfast establishments in the R-3, R-4, and AG zone districts: 1. The principal 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. Ordinance No. 1650 (2018 Series) EXHIBIT B Article 4: Regulations for Specific Land Uses 4-18 September 2018 3. A bed and breakfast establishment shall comply with all other provisions of the zone in which it is located and shall comply with all other ordinances of the City. 4. A business license issued by the City is required and remittance of transient occupancy tax is required. 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. 6. Meals, if provided, shall be served only to residents and overnight guests of the bed and breakfast establishment. 7. There shall be no separate or additional kitchen facility for the guests. 8. No alteration shall be allowed to the exterior of the dwelling or yard that alters the residential characteristics of the premises or jeopardizes/eliminates features of historical or architectural significance. Changes to any historical building shall be consistent with the Secretary of Interior Standards and shall be subject to Cultural Heritage Committee and Architectural Review Commission approval. 9. No historical structure shall be removed to allow for a bed and breakfast establishment, nor shall such a structure be removed to provide parking for such a use. D. Site Development and Performance Standards in the R-3 and R-4 Zones. These additional standards apply to bed and breakfast establishments in the R-3 and R-4 zones: 1. The minimum parking setback for guest/employee spaces shall be 15 feet from the front property line and any street side yard and five feet from the rear and side property lines. The parking area shall be screened from direct view of the public right-of-way by a completely planted visual barrier. 2. All parking spaces and driveways shall be paved to City standards with decorative materials or, if a historic property, materials which maintain the historical character of the neighborhood and premises. 3. The number of guest rooms allowed should be based on the City’s density unit calculation, with a rental room counting as a studio, and shall in no case exceed 15 rooms. The manager’s quarters shall be valued based on number of bedrooms but in no case shall be less than 1.0 density unit. Other factors used in determining the appropriate number of guest rooms that may be allowed in any location shall include the relationship of the site to parking, access, character, size, and scale of surrounding uses. 4. Sites with historic structures shall balance outdoor space for guest use with space required for off-street parking needs, as determined by the Planning Commission. 5. Any other conditions deemed essential and desirable by the Planning Commission may be imposed on such a use. E. Site Development and Performance Standards in the Agriculture (AG) Zone. These additional standards apply to bed and breakfast establishments in the agriculture (AG) zone: 1. The establishment of a bed and breakfast establishment shall not result in the conversion of land in agricultural production. Ordinance No. 1650 (2018 Series) EXHIBIT B CITY OF SAN LUIS OBISPO Title 17 – ZONING REGULATIONS 4-19 September 2018 2. Factors used in determining the appropriate number of guest rooms that may be allowed 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 allowed exceed 15. F. Findings Required. In approving a bed 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: 1. The establishment of the bed and breakfast establishment is consistent with the General Plan. 2. The establishment of the bed and breakfast establishment will not be detrimental to a building, structure or feature of significant aesthetic, cultural, or historical interest or value. 3. The establishment of the bed and breakfast establishment does not constitute undue concentration of such establishments that would negatively affect the appearance and/or function of the surrounding neighborhood. 4. The establishment of the bed and breakfast establishment is compatible with and will not be detrimental to the character of the neighborhood and surrounding land use. 17.86.080 – Reserved 17.86.090 – Convenience Stores 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 a vehicle to get to the market. The standards are aimed to ensure 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 are necessary to guard against such stores from becoming a nuisance to the neighborhood. B. Standards. The following standards shall apply to all convenience stores: 1. Maximum Size. Gross floor area shall not exceed 4,500 square feet per business. Floor area for any accessory residential use shall not be counted toward the allowed store floor area. 2. Height, Setback, and Lot Coverage. Convenience stores shall comply with the height, setback, and coverage requirements for the underlying zone, except that stores in residential zones shall comply with standards for the C-N zone. 3. Loading and Deliveries. One curbside or off-street loading space shall be provided per business. Loading and deliveries shall be allowed only between the hours of 8:00 AM and 9:00 PM. 4. Hours of Operation. Convenience stores shall open for business no earlier than 7:00 AM and shall close no later than 10:00 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 distilled spirits of any kind. Ordinance No. 1650 (2018 Series) EXHIBIT B Article 4: Regulations for Specific Land Uses 4-20 September 2018 6. Performance Standards. Convenience stores shall comply with Article 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. 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. 17.86.100 – 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 onsite at one time and small family day care homes for eight or fewer children are considered residential uses for the purposes of Zoning Regulations. They may be established in all zones where dwellings are allowed. No discretionary permit is required. 2. Adult day care facilities serving seven to 12 clients onsite 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 (Low Density Residential [R- 1] Zone) 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 2-1: Uses Allowed by Zone. Ordinance No. 1650 (2018 Series) EXHIBIT B CITY OF SAN LUIS OBISPO Title 17 – ZONING REGULATIONS 4-21 September 2018 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 onsite 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. 17.86.110 – Electronic Game Amusement Centers A. Purpose and Applicability. The purpose of this Section is to ensure that electronic game amusement centers defined in Chapter 156 (Land Use Definitions) as a Commercial Recreation Use – Small Scale and where permitted in Chapter 17.10 (Use Regulations) are compatible with surrounding and adjacent uses and do not create an adverse impact on adjacent properties by reason of noise, parking, and litter. B. Licenses Required. No electronic game amusement center shall be permitted without filing for and receiving approval of a license subject to the provisions of Chapter 5.52 (Electronic Games Amusement Center) of the Municipal Code. C. Operational Requirements. Electronic game amusement centers shall comply with the following requirements: 1. Centers shall comply with all applicable laws and conditions of approval. 2. No center shall be allowed: a. Within 1,000 feet of the exterior limits of any public or private elementary school, junior high school, or high school. b. Within 500 feet of the exterior limits of a PF zone or any zone where residential use is the principal allowed use. 3. No person under 18 years of age may enter, be, or remain in a center during such time as the San Luis Coastal Unified School District is conducting its regular daytime education program. 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. 5. Noise attenuation measures shall be taken as required by conditions of approval. 6. Centers shall be closed from 2:00 AM to 6:00 AM and for such time as required by conditions of the Minor Use Permit or Conditional Use Permit. Ordinance No. 1650 (2018 Series) EXHIBIT B Article 4: Regulations for Specific Land Uses 4-22 September 2018 8. Adequate space shall be provided for each electronic game so as to allow its use without overcrowding. 9. Parking shall be as required by the Minor Use Permit or Conditional Use Permit for a center. D. Facility and Operation Exceptions. Exceptions to any of the requirements listed in this Section may be considered during the 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. 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 Chapter 17.156 (Land Use Definitions) and where permitted in Chapter 17.10 (Use Regulations), 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 Chapter 17.113 (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. 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. Ordinance No. 1650 (2018 Series) EXHIBIT B CITY OF SAN LUIS OBISPO Title 17 – ZONING REGULATIONS 4-23 September 2018 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 onsite 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 A. Applicability. The provisions in this Section shall apply to “Fraternities and Sororities,” as defined in Chapter 156 (Land Use Definitions) and where permitted in Chapter 17.10 (Use Regulations). 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 onsite 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 Ordinance No. 1650 (2018 Series) EXHIBIT B Article 4: Regulations for Specific Land Uses 4-24 September 2018 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 onsite, 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. 17.86.140 – Home Occupations A. Purpose and Applicability. The provisions set forth in this Section are intended to allow the conduct of businesses in residential dwellings which are incidental to and compatible with surrounding residential uses, and includes the definition of Live/Work. B. Permit Required. 1. The conduct of a home occupation requires the approval of a Home Occupation Permit by the Director, who may establish additional conditions to further the intent of this Section. A permit is required when a person does business in his/her home, uses his/her home address as a business address on business licenses and tax certificates, or uses his/her phone as a business phone. Home occupations may be conducted from dwellings located in residential zones or from dwellings located in commercial zones where dwellings are an allowed or conditionally allowed use. Home occupation permits are not required for employees telecommuting. 2. Upon 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 17.108 (Director's Action). If any person informs the Community Development Department of a question or objection concerning the proposed home occupation that cannot be satisfactorily resolved within five days of the posting, the Director shall schedule a hearing for the application, as provided for in Chapter 17.110 (Minor Use Permits and Conditional Use Permits). If no questions or objections are received by the Community Development Department within five days after posting, the Director may issue the permit upon submission of all required information and without further notice or public hearing. 3. State-licensed small-family child day care operations for six of fewer children are exempt from home occupation regulations (see State Health and Safety Code, Section 1529.5). Ordinance No. 1650 (2018 Series) EXHIBIT B CITY OF SAN LUIS OBISPO Title 17 – ZONING REGULATIONS 4-25 September 2018 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 have characteristics which would reduce residents’ enjoyment of their neighborhoods. The peace and quiet of residential areas shall be maintained. 2. A home occupation use shall not allow any clients or customers without prior appointments and shall not allow more than six appointments or clients in any one day. 3. Businesses with customer access shall maintain at least one onsite customer parking space in addition to the required residential parking. For the purposes of this Section only, parking in a driveway that has a minimum depth of 20 feet from the back of sidewalk and is made available to customers during business hours of operation shall meet the definition of a parking space. 4. Activities shall be conducted entirely within the dwelling unit or an enclosed accessory building. The appearance of all buildings shall be residential in nature. Horticultural activities may be conducted outdoors. 5. Sales and rental activities may be conducted on premises, provided that storage and display area shall not occupy more than 500 square feet of the principal building and any permitted accessory structure. 6. There shall be no advertising of the home occupation by street address, except that street addresses may be included on business cards and business correspondence originating from the home. 7. For a home occupation use in a residential zone, no vehicle larger than a van or longer 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, setback area, or open space area. 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. No use shall create or cause noise, dust, vibration, smell, smoke, glare, electrical interference, or other hazard or nuisance. 10. No more than one employee other than residents of the dwelling shall be allowed to work onsite 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. Clients or customers shall not visit the home occupation between the hours of 8:00 PM and 7:00 AM. 12. If the home occupation is to be conducted from rental property, the property owner’s authorization for the proposed use shall be obtained. 13. No delivery or commercial pick-up shall be by vehicles larger than a typical delivery van (FedEx, UPS, etc.). Ordinance No. 1650 (2018 Series) EXHIBIT B Article 4: Regulations for Specific Land Uses 4-26 September 2018 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 allowed as home occupations. 1. Automotive repair (body or mechanical), or detailing, upholstery or painting of automobiles, when performed on the same site as the home occupation. 2. Carpentry or cabinet making. 3. Welding or machining. 4. Medical offices, clinics, and laboratories, except that counseling is allowed when no more than one client visit or group session is held at one time. 5. Appliance, radio, or television repair. 6. Print shops or photograph development; digital photo production is allowed. 7. Gun or ammunition sales, including off-site work and by mail order. 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 A. Purpose. The requirements of this Section apply only to homeless shelters in the PF zone which may be established without a discretionary permit. Homeless shelters in other zones subject to discretionary review will be reviewed in the context of the City’s Good Neighbor Policy adopted in Council Resolution No. 10525 (2014 Series) and may be subject to conditions of approval with requirements that vary from these standards. B. Standards. The following standards shall apply to all homeless shelters. 1. The shelter shall be operated by a responsible agency or organization with experience in managing or providing social services. 2. The shelter shall provide at least one qualified onsite supervisor at all times, plus one attendant for each 50 occupants. 3. No new homeless shelter shall be established within 300 feet of an existing homeless shelter. This restriction may be modified by an Administrative Use Permit. 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. 5. Parking shall be supplied at a ratio of one vehicle space per 10 beds, and one secured bicycle parking area designed to accommodate up to one bicycle per 10 beds. 6. Each homeless shelter shall be limited to a maximum occupancy of 250 persons (in total), including warming shelters and daytime facilities. Ordinance No. 1650 (2018 Series) EXHIBIT B CITY OF SAN LUIS OBISPO Title 17 – ZONING REGULATIONS 4-27 September 2018 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. 17.86.160 – Homestay Rentals A. Purpose and Intent. The purpose of this Section is to allow owner-occupied homestay rentals as defined in Chapter 17.156 (Land Use Definitions) and where permitted in Chapter 17.10 (Use Regulations) with reasonable standards to preserve neighborhood character and quality of life. B. Permit Required. The conduct of a homestay rental requires the approval of a Homestay Permit by the Director, who may establish additional conditions to further the intent of this 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. Application Requirements. 1. Operators of homestays in all zones are required to obtain a homestay permit and a business license. 2. The operator of the homestay shall pay transient occupancy tax and tourism business improvement district tax as required by the Municipal Code. 3. The operator of the homestay shall annually provide verification of primary residence through the homeowner’s property tax exemption or other appropriate documentation. 4. The 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. Performance Standards. 1. Homestays shall comply with the property development and performance standards set forth in Article 2 (Zones, Allowable Uses, and Development and Design Standards) and Article 3 (Regulations and Standards Applicable to All Zones). 2. All building and fire code regulations shall be met. 3. The number of overnight guests shall be limited to four persons. Bedrooms shall meet the minimum size requirements as defined in the Building Code. 4. At all times when a homestay rental is occurring, the owner or responsible party shall be within a 15-minute drive of the property. The owner or responsible party shall be available via telephone 24 hours a day, seven days a week, to respond to complaints regarding the homestay. Contact information for the owner and responsible party shall be provided to homestay guests, adjacent neighbors and stated on the application. 5. Upon sale or transfer of the home for which a homestay permit has been granted, a new homestay application shall be required within 60 days of the transfer. Failure to submit a new application as required within 60 days shall result in the termination of the existing allowed use. 6. The homestay shall be limited to only the owner-occupied dwelling unit on the property. Ordinance No. 1650 (2018 Series) EXHIBIT B Article 4: Regulations for Specific Land Uses 4-28 September 2018 7.Any advertisements for the homestay shall include the business license number. Onsite advertising of the homestay is prohibited. E.Revocation of a Permit. 1.Violation of these requirements and standards shall constitute grounds for revocation of the homestay permit. 2.At any time, the permit can be referred to an administrative review hearing if determined by the Director upon receipt of substantiated written complaints from any resident, Code Enforcement Officer, or Police Department Officer, which includes information and/or evidence supporting a conclusion that a violation of the permit, or of City ordinances or regulations applicable to the property or operation of the homestay, has occurred. At the time of the permit review, to ensure compliance with applicable laws and conditions of permit, conditions of approval may be added, deleted or modified, or the permit may be revoked. 17.86.170 – Household Pets Boarding and Kennels – Outdoor Areas A.Purpose and Applicability. The provisions in this Section shall apply to animal boarding/kennels and similar household pet board and care facilities, as defined in Chapter 17.156 (Land Use Definitions) and where allowed in compliance with Chapter 17.10 (Use Regulations). 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 Section 17.10.020 (Use Regulations by Zone ), 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 Where manufacturing is allowed, accessory sale of items made on the premises is allowed. 17.86.190 – Outdoor Sales on Commercial and Residential Lots A.Sales of Christmas Trees and Other Agricultural Products. Upon approval of a Temporary Use Permit by the Director, premises within nonresidential zones may be used for the sale of Christmas trees, pumpkins, flowers, seasonal produce, and the like, subject to the following requirements and any other conditions that the Director deems necessary: Ordinance No. 1650 (2018 Series) EXHIBIT B CITY OF SAN LUIS OBISPO Title 17 – ZONING REGULATIONS 4-29 September 2018 1.Sales shall be limited to Christmas trees, pumpkins, flowers, 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 Director approval. 3.The site shall be maintained in a neat and orderly manner at all times. All sales items, sales equipment, temporary power poles, other temporary structures, and signs shall be kept behind a 10-foot setback from all street rights-of-way, and they shall be removed within 10 days after the close of the sale. Trash and recycling receptacles shall be provided in a convenient location for customers. 4.A camper or trailer for overnight security may be parked onsite for the duration of the permit. Any such camper or trailer shall be set back at least 10 feet from the street right-of-way. 5.The applicant may be required to post a refundable deposit, set by the Director, with the Community Development Department to ensure site clean-up. Deposit shall be in the form of a cashier’s check and shall be made prior to occupying the site. 6.Outdoor sales lots are subject to all fire safety measures, including location of fire extinguishers, as required by the Fire Marshal. 7.Any Christmas trees sold for use in public facilities shall be flame-proofed with a State Fire Marshal-approved material by a State-licensed application. 8.Applicants shall obtain a City business tax certificate. A copy of the Director’s approval and the business tax certificate shall be posted in a conspicuous location at all times when the use is in operation. 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.The use shall comply with all requirements of the County Health Agency. 11.Restroom facilities shall be provided either onsite or on a nearby property to the satisfaction of the Chief Building Official. 12.No sales or display shall take place in the public right-of-way. B.Other Outdoor Sales. 1.Outdoor sales of nonagricultural products, such as food carts, barbecues, and swap meets, shall be limited to the types of retail sales allowed in the location’s zone. Outdoor sales may be temporary, intermittent, or permanent. Outdoor sales do not include incidental outdoor display of merchandise associated with a business occupying a building on the site, nor sale of things usually sold outdoors, such as boats, vehicles, and building or landscape materials. See also Chapter 5.16 (Solicitors and Peddlers), and Chapter 5.48 (Sales on Streets and Sidewalks) of the Municipal Code. 2.Other outdoor sales require Director’s Action approval. Parking requirements, setbacks to sales or storage areas, safety and aesthetic screening, and other development standards usually related to buildings shall be established by permit approval. Ordinance No. 1650 (2018 Series) EXHIBIT B Article 4: Regulations for Specific Land Uses 4-30 September 2018 C.Garage and Yard Sales. On any residentially developed lot, garage or yard sales are allowed a maximum of four times within a 12-month period, subject to the following requirements: 1.Each garage or yard sale shall not exceed three consecutive days. 2.Each unit within multi-unit apartment or condominium project and common interest subdivisions may have up to four garage/yard sales in approved common areas with the permission of the homeowners’ association (for sales within common areas), property owner, or 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 onsite sign not to exceed four square feet shall be allowed during the sale. No other signs are allowed in the area and no signs may be displayed within a public right-of-way. 5.Garage and yard sales are not allowed on vacant lots. 17.86.200 – Parking as a Primary Use Where parking as a primary use is permitted in compliance with Table 2-1: Uses Allowed by Zone or Table 2-24: Airport Overlay Zone – Maximum Allowed Persons, discretionary permit approval may include deviations from otherwise applicable development standards. 17.86.210 – Recreational Vehicles: Use as Dwelling; Parked on a Private Lot 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 17.86.230 (Safe Parking) and as otherwise provided in this Section. B.Overnight Camping Prohibited on Specified Public Properties. Within City streets, areas of the public right- of-way, and City-owned parking areas, parking of vehicles for purposes of overnight camping or sleeping is prohibited by and shall be subject to enforcement in accordance with Chapter 10.34. 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 onsite 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 17.76.040 (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 17.76.100 (Screening). Ordinance No. 1650 (2018 Series) EXHIBIT B CITY OF SAN LUIS OBISPO Title 17 – ZONING REGULATIONS 4-31 September 2018 17.86.220 – Recycling Facilities A.Purpose and Applicability. The provisions in this Section shall apply to recycling facilities, as defined in Chapter 17.156 (Land Use Definitions) and where allowed in compliance with Chapter 17.10 (Use Regulations). 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. 2. Screening. The facility shall be screened from public rights-of-way by solid masonry walls or located within an enclosed structure. Ordinance No. 1650 (2018 Series) EXHIBIT B Article 4: Regulations for Specific Land Uses 4-32 September 2018 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 A.Purpose and Intent. Safe parking provides homeless individuals and families with vehicles a safe place to temporarily park overnight to facilitate the transition to permanent housing. The provisions contained in this Section enable safe parking in certain zones in the City subject to specific performance standards and permit requirements. These standards and requirements are intended to ensure that safe parking facilities will be compatible with surrounding uses and effective at facilitating participants’ transition to permanent housing. B.Permit Required. The establishment of a safe parking use shall require a Conditional Use Permit approval where allowed, consistent with Table 2-1: 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 or religious assembly facility. Safe parking is prohibited as a primary use in the R-1, R-2, R-3, and R-4 zones and in all applicable zones on properties that contain residential uses as the primary use. 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 Conditional Use Permit application for consideration, as a part of the application, sufficient information shall be submitted to the Community Development Department to determine whether the proposed safe parking facility complies with the provisions of this Section. In addition to the required Conditional Use Permit application checklist items, the application shall include the following: 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.Hours of operation. 3.Monitoring and oversight program. 4.Neighborhood relations plan. Ordinance No. 1650 (2018 Series) EXHIBIT B CITY OF SAN LUIS OBISPO Title 17 – ZONING REGULATIONS 4-33 September 2018 5.Sufficient information to determine that the applicant is a social service provider that is qualified to operate a safe parking program or is affiliated with a social service provider that demonstrates the experience and qualifications to manage the site and meet the performance standards identified in this Chapter. 6.Any other information the Director may determine is necessary to ensure compliance with the provisions of this Section. E.Performance Standards. 1.Social Services Provider. Safe parking facilities shall be managed by a qualified social service provider, subject to the approval of the Director. 2.Case Management. Participants shall be paired with a case manager and enrolled in a self-sufficiency program to facilitate the transition to permanent housing. 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.Restroom, Water and Trash Facilities. Restroom, water and trash facilities shall be provided, maintained, and accessible to participants during safe parking facility hours. 5.Residency Preference. Social service provider shall give preference to those with proof of residency in the County for a minimum period of six months within the last two years. Evidence of residency may include, but not limited to, items such as rental agreements, mortgage, utility, hotel and medical facility bills, paystubs, and intake from homeless service programs. 6.Buffer from Residential Use. Participant vehicles shall maintain a minimum buffer of 50 feet from any property that contains a residential use. Buffers less than 50 feet may be allowed through the Use Permit review process on a case-by-case basis when determined to be compatible with the neighborhood. Buffers greater than 50 feet may be necessary for neighborhood compatibility, which will be determined on a case- by-case basis as part of the Conditional Use Permit review process. 7.Authorized Vehicles Only. Social service provider shall ensure that only vehicles registered in the program are parked overnight during program hours. A parking permit shall be provided to all participants to be displayed in vehicle windows in a form to be approved by the Public Works Director. 8.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.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 shall include, but not limited to, the following terms and conditions: a.Only one vehicle is allowed per participant. b.At least one participant per vehicle shall possess a current driver’s license, vehicle registration, and insurance for the vehicle that will be parked overnight. The social service provider shall keep a copy of all three on record. Ordinance No. 1650 (2018 Series) EXHIBIT B Article 4: Regulations for Specific Land Uses 4-34 September 2018 c. Vehicles may only be occupied by participants and approved registered household members. Guests shall not be allowed. d. Participants shall not use or possess any illegal drugs or alcohol either on their person or in their vehicle. e. Participants shall not use or possess any weapons or firearms of any kind in program vehicles. f. No fires of any kind shall be 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. Use Permit Considerations. Items to be determined by the Planning Commission as part of the Conditional 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. 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. F. Revocation of a Permit. The Conditional Use Permit can be referred to the Planning Commission for reconsideration if determined by the Director upon receipt of substantiated written complaints from any citizen, Code Enforcement Officer, or Police Department Officer, which includes information and/or evidence supporting a conclusion that a violation of the Conditional Use Permit, or of City ordinances or regulations applicable to the property or operation of the facility, has occurred. At the time of review, to ensure compliance with applicable laws and conditions of Conditional Use Permit, conditions of approval may be added, deleted, modified, or the Conditional Use Permit may be revoked. 17.86.240 – Schools Ordinance No. 1650 (2018 Series) EXHIBIT B CITY OF SAN LUIS OBISPO Title 17 – ZONING REGULATIONS 4-35 September 2018 A. Purpose and Applicability. The purpose of this Section is to ensure that schools as defined in Chapter 17.156 (Land Use Definitions) and where permitted in Chapter 17.10 (Use Regulations) are compatible with surrounding and adjacent uses and do not create adverse impacts on adjacent properties. B. Location – Schools. No school 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. C. Schools – Primary and Secondary (Private). 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 onsite 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. D. 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 public schools not being used for public school purposes due to temporary or permanent school closure, in addition to the uses listed in Table 2-1: Uses Allowed by Zone as allowed within the PF zone. Notwithstanding any other provisions of these regulations to the contrary and in conformance with the General Plan, the following provisions shall apply to such uses. Ordinance No. 1650 (2018 Series) EXHIBIT B Article 4: Regulations for Specific Land Uses 4-36 September 2018 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 17.110 (Minor Use Permits and Conditional 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. 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. Uses Allowed with Conditional Use Permit Approval. The following uses may be established on public school properties subject to approval of a Conditional Use Permit, as provided Chapter 17.110 (Minor Use Permits and Conditional Use Permits), and subject to the standards in subsection C.5 of this Section. a. Business Support Services. b. Cultural Institutions. 4. Other Uses Allowed. Other uses may be allowed 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 whether the use is similar in character and impacts on its surroundings to one of those listed in subsections C.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. 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 permit should be approved for a specific use in a specific location: a. Parking as required by Chapter 17.72 (Parking and Loading) shall be provided. b. 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. c. The use will not require structural changes to the school building inconsistent with future school use of the building, unless written guarantee is provided by the permittee that the building will be restored for school use upon termination of the lease or permit. d. Minimal customer, client, or delivery traffic will occur, to the satisfaction of the review authority; e. Clients or customers shall not visit the leased space between 11`:00 PM and 7:00 AM. f. Minimal employee activity will occur at night and on weekends, to the satisfaction of the review authority. Ordinance No. 1650 (2018 Series) EXHIBIT B CITY OF SAN LUIS OBISPO Title 17 – ZONING REGULATIONS 4-37 September 2018 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 (c) of this subsection. h.No vehicle larger than a three-quarter-ton truck shall be used by any tenant at the lease site. 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. j.No use shall cause noise, dust, vibration, offensive smell, smoke, glare or electrical interference, or other hazard or nuisance. k.All uses shall meet Fire Department standards for access, hydrant locations, and fire flow prior to occupancy. 17.86.250 – Service/Fueling Stations A.Purpose and Applicability. The purpose of this Section is to ensure that vehicle services - service/fueling stations as defined in Chapter 17.156 (Land Use Definitions) and where permitted in Chapter 17.10 (Use Regulations) are compatible with surrounding and adjacent uses and do not create adverse impacts on adjacent properties. B.Standards. Service/fueling stations are subject to the following standards: 1.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 17.70.070 (Fences, Walls, and Hedges).2.Street frontage between driveways shall have a low wall or other landscape barrier to prevent vehicles from being driven or parked on the sidewalk. 3.Bells or other sound signals shall be turned off between 10:00 PM and 7:00 AM if the station is adjacent to a residential zone. 4.Pump islands shall be located at least 15 feet from any street right-of-way line or setback line, except that cantilevered roofs may extend to a point at least five feet from such lines. 5.Repair work shall be performed and dismantled vehicles shall be stored inside a building or area screened so that such area is not visible from off the premises. 6.Compliance with Chapter 17.74 (Performance Standards) and Chapter 5.36 (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 A.Purpose and Intent. The provisions codified in this Section provide for certain temporary and intermittent uses as defined in Chapter 17.156 (Land Use Definitions) and where permitted in Chapter 17.10 (Use Regulations). It establishes standards and procedures to ensure that such uses are compatible with their surroundings and the intent of these regulations. Ordinance No. 1650 (2018 Series) EXHIBIT B Article 4: Regulations for Specific Land Uses 4-38 September 2018 In approving a temporary or intermittent use, the Director may establish requirements related to, but not limited to, days and hours of operation, parking, temporary structures, and site planning, in addition to performance standards specified below. All such uses shall require issuance of a Temporary Use Permit. The Director shall determine the extent to which any permanent onsite 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 zone, other than in the specific cases listed in subsection B of this Section. 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 approval via 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 Official subject to any conditions deemed 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 18 months, by the Chief Building Official. b. 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 onsite mobile home would apply, with approvals for extensions of the use made by the Director. Also, with the Chief Building Official’s approval, the mobile home may be occupied by a resident guard or caretaker, provided it is properly connected to City utilities or other safe means of waste disposal is ensured. 3. Educational Conferences. Student housing complexes normally occupied for part of the year may be used during their vacant periods for educational conferences, provided a Minor Use Permit is approved. The occupancy of such facilities during educational conferences shall not exceed the maximum established by any prior City approval for residential occupancy. 4. Parades, Carnivals, Fairs, Festivals. Use of privately owned property for parades, carnivals, fairs, and festivals requires approval of an Temporary Use Permit. Where these events involve public property, coordination with the City Clerk’s office is required. 5. Other Temporary or Intermittent Uses and Special Events. Upon approval of a Temporary Use Permit, the Director may approve other temporary or intermittent uses, including but not limited to musical events, auctions, estate sales, clothing outlet sales, nonprofit benefits, parking lot sales, and car shows. At the discretion of the Director, 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. 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. Ordinance No. 1650 (2018 Series) EXHIBIT B CITY OF SAN LUIS OBISPO Title 17 – ZONING REGULATIONS 4-39 September 2018 B. All such facilities shall be secured to prevent unauthorized access. C. Where utility facilities are 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. 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 zones subject to the following standards. A. Vending machines shall be located along the face of a building or against a structure designed to accommodate them. B. Vending machines shall be visible from access drives or public streets. C. Vending machines shall occupy not more than 10 percent of the length of the wall facing the street or access drive, or 20 feet, whichever is less. D. Vending machines shall not obstruct private pedestrian walkways. A minimum of 44 inches shall be kept clear of obstructions, or more if pedestrian traffic volume warrants. E. Vending machines are not allowed on public sidewalks. 17.86.290 – Wireless Telecommunications Facilities A. Purpose. These 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 avoid adverse visual and environmental impacts. These standards are not intended to be all-inclusive. Projects may be subject to additional standards deemed appropriate through discretionary permit processing to address site-specific conditions. B. Exempt Facilities. The following wireless telecommunication facilities are exempt from the requirements of this Section: 1. Government-owned communication facilities used primarily to protect public health, welfare, and safety. 2. Facilities operated by providers of emergency medical services, including hospital, ambulance, and medical air transportation services for use in the provision of those services. 3. Satellite dish antennas for residential and commercial use, solely for the use of the occupants of the site, subject to compliance with development standards identified in Section 17.70.160 (Satellite Dish Antenna) of this Title. 4. Any facility specifically exempted under Federal or State law. C. Planning Applications and Approvals Required. Ordinance No. 1650 (2018 Series) EXHIBIT B Article 4: Regulations for Specific Land Uses 4-40 September 2018 1.Installation of a new wireless telecommunication facility or significant modification of an existing installation, as determined by the Director, shall require Minor Use Permit approval. 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. D.Building Permit Required. Wireless communication facilities shall not be constructed, installed, or modified prior to obtaining a City building permit. E.Site Development and Performance Standards. 1.Setbacks. All facility towers and accessory structures shall comply with the setback requirements of the applicable zone. 2.Height. The height of any antenna or support equipment shall be determined as part of the Administrative 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 Director. 4.Aesthetics and Visibility. Facilities shall be creatively designed to minimize the visual impact to the greatest extent possible by means of placement, screening, and camouflage. The applicant shall use the smallest and least visible antennas possible to accomplish the coverage objectives. Each installation shall be designed to blend into its surroundings so that the antenna(s) and equipment are not apparent to the casual observer. 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. 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 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 in 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. Ordinance No. 1650 (2018 Series) EXHIBIT B CITY OF SAN LUIS OBISPO Title 17 – ZONING REGULATIONS 4-41 September 2018 7. Equipment Upgrades. It shall be the responsibility of the owner/operator of a telecommunication facility to provide the City with a notice of intent to modify site equipment in any way. At the time of modification, co- location, or upgrade of facilities, existing equipment shall be replaced with equipment of equal or greater technical capacity and modified to reduce aesthetic impacts by reducing the size of the facility or introducing camouflaging techniques to the satisfaction of the Director. Unused or obsolete equipment or towers shall be removed from the site within 90 days after their use has ceased. 8. Number of Facilities Per Site. The City shall retain the authority to limit the number of antennas with related equipment and providers to be located at any site and adjacent sites in order to prevent negative visual impacts associated with multiple facilities. 9. Noise. 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 8:00 AM and 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 and shall be subject to Minor Use Permit review and possible revocation. Testing shall be done prior to any permanent installation and frequencies shall be monitored at regular intervals after installation established by the Minor 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 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 RFR emitted by the proposed facility. The radio frequency radiation report shall compare proposed project levels to levels allowed by the FCC and shall show output of the proposed facility in combination with other facilities located or proposed in the vicinity. b. The City may require one or more post-construction RFR reports as a condition of project approval, to verify that the actual levels of RFR emitted by the approved facilities, operating alone or in combination with other approved facilities, substantially conform to the pre-approval RFR report and do not exceed current standards for permissible human exposure to RFR as adopted by the FCC. Ordinance No. 1650 (2018 Series) EXHIBIT B Article 4: Regulations for Specific Land Uses 4-42 September 2018 15. Signs. Explanatory warning signs shall be posted at all access points to cellular telecommunication facilities in compliance with the American National Standards Institute (ANSI) C95.2 color, symbol, and content conventions. 16. Nuisance. Facility generators, mechanical equipment, construction, testing and maintenance shall be operated or performed in such a manner that no nuisance results. At the discretion of the Director, upon receipt of written complaints, the Minor 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 Minor Use Permit may be revoked. 17. Interference with Public Services and Facilities. Telecommunication facilities within public parks shall not interfere with park operations or limit public use of park facilities. Installations in conjunction with other public facilities shall be held to a similar standard. 18. City Inspection. The City shall have the right to access facilities after 24 hours written or verbal notice. G. Abandonment. It shall be the responsibility of the owner/operator of a telecommunication facility to provide the City with a notice of intent to vacate the site a minimum of 30 days prior to ceasing operation. Any wireless telecommunication facility that is not operated for a continuous period of 90 days shall be removed within 90 days of the date upon which the operation ceased. H. Revocation of a Permit. Wireless telecommunication service providers shall fully comply with all conditions related to any permit or approval granted under this Section. Failure to comply with any condition shall constitute grounds for revocation. If a condition is not remedied within a reasonable period, the Director may schedule a public hearing before the hearing officer to consider revocation of the permit. Chapter 17.88. Reserved Chapter 17.90. Reserved Ordinance No. 1650 (2018 Series) EXHIBIT B CITY OF SAN LUIS OBISPO Title 17 – ZONING REGULATIONS 5-1 September 2018 ARTICLE 5: NONCONFORMITIES CHAPTER 17.92. NONCONFORMING STRUCTURES Sections: 17.92.010 – Intent 17.92.020 – Limits on Reconstruction – Exceptions 17.92.030 – Large-scale Retail Establishments 17.92.010 – Intent A structure which lawfully existed on the effective date of applicable sections of the ordinance codified in this Title, but which does not comply with one or more of the property development standards for the zone in which it is located, is a “nonconforming structure.” This Chapter is intended to provide for the correction or removal of such structures as soon as practical, but not unduly encumber maintenance and continued use of otherwise sound structures. 17.92.020 – Limits on Reconstruction – Exceptions A. A nonconforming structure that is involuntarily damaged to an extent of 75 percent 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. B. Notwithstanding paragraph A, above, nonconforming residences in the 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 75 percent or more of its replacement value cost immediately prior to such damage, as determined by the Chief Building Official, 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 design guidelines, except that the previously existing number of dwelling units and size of buildings will be allowed. 2. A building permit for the replacement structure(s) must be obtained within three years of the date of the damage or destruction. 3. Notwithstanding the above provisions, application for replacement structures of the same density and size may be denied if the 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, as defined in Section 17.158.012 (D Definitions), and reconstruction shall be permitted only if the structure is made to conform. D. Decisions of the Chief Building Official regarding replacement cost may be appealed to the Council. Ordinance No. 1650 (2018 Series) EXHIBIT B Article 5: Nonconformities 5-2 September 2018 E. Exceptions to this Chapter may be granted by the Director for historic structures designated as such in any list or plan element adopted by the City, or for buildings that are over 50 years old where the existing building and any proposed additions or modifications are compatible with the surrounding neighborhood, as determined by the Director. F. Exceptions to this Chapter may be granted to allow additions to nonconforming structures occupied by conforming uses, subject to a finding of consistency with the intent of this Chapter as follows: 1. Conforming additions to residential structures may be approved by the Director without public hearing. 2. The Director, through a Director’s Action, may allow certain 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)). G. The value of additions allowed pursuant to subsections (F)(1) and (2) of this Section shall be excluded from calculation of replacement cost of the nonconforming structure. 17.92.030 – Large-scale Retail Establishments Sections 17.26.030, 17.30.030, 17.32.030, 17.34.030, and 17.36.030 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. Ordinance No. 1650 (2018 Series) EXHIBIT B CITY OF SAN LUIS OBISPO Title 17 – ZONING REGULATIONS 5-3 September 2018 CHAPTER 17.94. NONCONFORMING USES Sections: 17.94.010 – Definition and Intent 17.94.020 – Regulations 17.94.030 – Nonconforming Parking 17.94.010 – Definition and Intent A nonconforming use is one which was legally established on the effective date of applicable sections of this 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. 17.94.020 – 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 12 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 nonconforming use through approval a Director’s Hearing process. In granting such approval, the Director 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-unit dwelling used as a residence may be continued and added to consistent with the 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 via the Director’s Hearing process. 17.94.030 – Nonconforming Parking Nonconforming parking is addressed in Section 17.72.060 (Nonconforming Parking) of this Title. Ordinance No. 1650 (2018 Series) EXHIBIT B Article 5: Nonconformities 5-4 September 2018 CHAPTER 17.96. NONCONFORMING LOTS Sections: 17.96.010 – Intent 17.96.020 – Regulations 17.96.010 – Intent A lot having less area, width, depth, or frontage than required by the Subdivision Regulations, as set forth in Title 16 of the 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. 17.96.020 – 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 paragraph A of this Section shall not apply to a nonconforming lot and contiguous commonly owned property where each of the parcels has an area, width, depth, and frontage equal to at least 80 percent of the minimum required in the Subdivision Regulations (Title 16). 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. However, the density standards shall not prevent construction of a single dwelling unit where otherwise permitted by this Chapter. Ordinance No. 1650 (2018 Series) EXHIBIT B CITY OF SAN LUIS OBISPO Title 17 – ZONING REGULATIONS 6-1 September 2018 ARTICLE 6: PERMIT PROCEDURES Chapter 17.102: General Provisions Sections: 17.102.010 – Purpose and Intent 17.102.020 – Discretionary Actions and Permits 17.102.030 – Additional Permits May Be Required 17.102.040 – Burden of Proof and Precedence 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. 17.102.020 – Discretionary Actions and Permits 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 17.140 (Affordable Housing Incentives). 2. Development Review – Minor. An administrative action providing for the review of and action on certain development applications identified in Chapter 17.106 (Development Review). 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 Chapter 17.108 (Director’s Action). 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 17.86.140 (Home Occupations). 5. Reasonable Accommodation. 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 Chapter 17.112 (Reasonable Accommodation). 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 17.86.260 (Temporary and Intermittent Uses). Ordinance No. 1650 (2018 Series) EXHIBIT B Article 6: Permit Procedures 6-2 September 2018 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 Chapter 17.04 (Interpretation of the Zoning Regulations). 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 Chapter 17.109 (Director’s Hearing). 1. Development Review - Moderate. An administrative action providing for the review of and action on certain development applications identified in Chapter 17.106 (Development Review). 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 Chapter 17.109 (Director’s Hearing), and other than those exceptions cited in Chapter 17.108 (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 Chapter 17.122 (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 Chapter 17.110 (Minor Use Permits and Conditional 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 Chapters 17.108 and 17.109. 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 Chapter 17.114 (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 Chapter 17.122 (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 17.32 (Downtown-Commercial [C-D] Zone). 2. Building Setback Lines. A process for adoption of official building setback lines, as specified in Chapter 17.80 (Street Regulations). 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 Chapter 17.110 (Minor Use Permits and Conditional Use Permits). 4. Development Review – Major. A process providing for the review of and action on certain development applications identified in Chapter 17.106 (Development Review). Ordinance No. 1650 (2018 Series) EXHIBIT B CITY OF SAN LUIS OBISPO Title 17 – ZONING REGULATIONS 6-3 September 2018 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 17.48 (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 Chapter 17.122 (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 Chapter 17.110. 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 Chapter 17.122 (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 17.128 (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 17.130 (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 17.48 (Specific Plan Overlay Zone). 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 17.124 (Amendments – Zoning Regulations and Zoning Map). Table 6-1: Review Authority Type of Action Applicable Code Section Role of Review Authority (1) (2) Director Planning Commission City Council Director’s Action Affordable Housing Incentives Ch. 17.140 Decision Development Review – Minor Ch. 17.106 Decision Director’s Action – Exceptions - Antenna heights - AOZ uses and calculations for nonresidential intensity - Fence heights Articles 2, 3, and 4 Decision Ordinance No. 1650 (2018 Series) EXHIBIT B Article 6: Permit Procedures 6-4 September 2018 Table 6-1: Review Authority Type of Action Applicable Code Section Role of Review Authority (1) (2) Director Planning Commission City Council - Front yard paving - Historic structures - Homestay - Lot merger - Parking reductions – Shared Parking - Parking reductions (other than shared parking) – up to 10% of required parking spaces - 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 - Vehicle access in C-D zone Arts. 2, 3, and 4 Decision Ordinance No. 1650 (2018 Series) EXHIBIT B CITY OF SAN LUIS OBISPO Title 17 – ZONING REGULATIONS 6-5 September 2018 Table 6-1: Review Authority Type of Action Applicable Code Section Role of Review Authority (1) (2) Director Planning Commission City Council - Other (for development actions specified in these Zoning Regulations as requiring a Director’s Action) Home Occupation Permits Sec. 17.86.140 Decision Reasonable Accommodation Ch. 17.112 Decision PD Overlay Zone – Minor Amendments to Final Development Plan Ch. 17.48 Decision Temporary Use Permits Sec. 17.86.260 and Ch. 17.113 Decision(3) Zoning Regulations Interpretations Ch. 17.04 Decision Director’s Hearing Development Review – Moderate Ch. 17.106 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 primary use - Parking reductions for mixed-use development - Performance Standards exceptions - Residential conversion to nonresidential use - Retail store floor area limitation exception Arts. 2, 3, and 4 Decision Ordinance No. 1650 (2018 Series) EXHIBIT B Article 6: Permit Procedures 6-6 September 2018 Table 6-1: Review Authority Type of Action Applicable Code Section Role of Review Authority (1) (2) Director Planning Commission City Council - Revocation of Director’s Hearing approvals - Telecommunications facilities nuisances - Yard setback exceptions Downtown Housing Conversions Ch. 17.142 Decision High Occupancy Residential Use Ch. 17.148 Decision Minor Use Permits and MUP Revocations Ch. 17.110 Decision Variances Ch. 17.114 Decision Planning Commission Review Building Setback Lines Ch. 17.80 Recommend Decision Conditional Use Permits Ch. 17.110 Recommend Decision Development Review – Major Ch. 17.106 Recommend Decision Downtown Commercial (C-D) Zone – Adjustments to Standards Ch. 17.32 Recommend Decision Downtown Commercial (C-D) Zone – Significant additions and new construction of principal buildings Ch. 17.32 Recommend Decision Downtown housing conversion exceptions Ch. 17.142 Recommend Decision Parking reductions in C-D zone Sec. 17.72.050 Recommend Decision Parking Reductions in all other zones – More than 10% reduction Sec. 17.72.050 Recommend Decision PD Overlay Zone – Major Amendments to Final Development Plan Ch. 17.48 Recommend Decision Revocation of prior Planning Commission action N/A Recommend Decision Ordinance No. 1650 (2018 Series) EXHIBIT B CITY OF SAN LUIS OBISPO Title 17 – ZONING REGULATIONS 6-7 September 2018 Table 6-1: Review Authority Type of Action Applicable Code Section Role of Review Authority (1) (2) Director Planning Commission City Council Safe Parking Sec. 17.86.230 Recommend Decision SF Overlay Zone – Review Authority in Specific Focus Areas Ch. 17.52 Recommend Decision Legislative Actions - Council Review Development Agreements and Amendments Ch. 17.128 Recommend Recommend Decision General Plan Amendments Ch. 17.130 Recommend Recommend Decision Planned Developments Ch. 17.48 Recommend Recommend Decision Specific Plans and Amendments Ch. 17.50 Recommend Recommend Decision Zoning Map Amendments Ch. 17.124 Recommend Recommend Decision Zoning Regulations Amendments Ch. 17.124 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 17.126 (Appeals). (2) The review authority may defer action and refer the request to the higher level review authority for consideration and final decision. (3) Director’s decision may be appealed to the City Manager. E. Multiple Permit Applications. 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, Ordinance No. 1650 (2018 Series) EXHIBIT B Article 6: Permit Procedures 6-8 September 2018 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. 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. 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. Ordinance No. 1650 (2018 Series) EXHIBIT B CITY OF SAN LUIS OBISPO Title 17 – ZONING REGULATIONS 6-9 September 2018 Chapter 17.104: Permit Application Filing and Processing Sections: 17.104.010 – Purpose and Authority for Land Use and Planning Decisions 17.104.020 – Application Preparation and Filing 17.104.030 – Application Fees 17.104.040 – Applicant Indemnification 17.104.050 – Initial Application Review 17.104.060 – Inactive Applications 17.104.070 – Expiration 17.104.010 – Purpose and Authority for Land Use and Planning Decisions 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 Application shall be made to the Community Development Department in the form prescribed by the Director, including, as may be necessary, site plans, written descriptions of activities to be conducted, technical studies of site characteristics, and any other materials set forth on the application form or otherwise prescribed by City policy. 17.104.030 – Application Fees The Council may, by resolution, establish fees for applications and procedures required by these regulations, to the extent such fees have a reasonable relationship to the costs incurred in processing the applications and providing public notice. 17.104.040 – Applicant Indemnification A. Applicant Agreement. 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. Ordinance No. 1650 (2018 Series) EXHIBIT B Article 6: Permit Procedures 6-10 September 2018 B. City Notification of Applicant. In the event that an action, claim, or proceeding referred to in subsection A of this Section 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 A. Review for Completeness. 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 related 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. 4. Environmental Information. 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. Ordinance No. 1650 (2018 Series) EXHIBIT B CITY OF SAN LUIS OBISPO Title 17 – ZONING REGULATIONS 6-11 September 2018 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 – Inactive Applications An application will be classified as “inactive” when the applicant has not responded within 180 days to submit items required by staff for further processing as provided in an incomplete letter. The applicant 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 deemed to be withdrawn. 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. Ordinance No. 1650 (2018 Series) EXHIBIT B Article 6: Permit Procedures 6-12 September 2018 Chapter 17.106: Development Review Sections: 17.106.010 – Purpose and Intent 17.106.020 – Applicability 17.106.030 – Levels of Development Review 17.106.040 – Recommendations from Advisory Bodies 17.106.050 – Application Review 17.106.060 – Conditions of Approval 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. 17.106.020 – 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. Ordinance No. 1650 (2018 Series) EXHIBIT B CITY OF SAN LUIS OBISPO Title 17 – ZONING REGULATIONS 6-13 September 2018 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. C. Exception – Accessory Structures. Accessory structures less than 500 square feet in size shall not be subject to Development Review. 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. 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; Ordinance No. 1650 (2018 Series) EXHIBIT B Article 6: Permit Procedures 6-14 September 2018 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 17.106.020 (Enlargements and Modifications). 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. Significant additions and new construction of principal buildings 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: Ordinance No. 1650 (2018 Series) EXHIBIT B CITY OF SAN LUIS OBISPO Title 17 – ZONING REGULATIONS 6-15 September 2018 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 zone context; 5. Efficiency and safety of public access and parking and loading facilities; 6. The compatibility in scale and aesthetic treatment of proposed structures with public areas; 7. The adequacy of proposed driveways, landscaping, parking spaces, onsite 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. Onsite Inspection. An application for Development Review may require that the Director perform an onsite 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. Ordinance No. 1650 (2018 Series) EXHIBIT B Article 6: Permit Procedures 6-16 September 2018 Chapter 17.108: Director’s Action Sections: 17.108.010 – Purpose and Intent 17.108.020 – Applicability 17.108.030 – Application Filing, Processing, and Review 17.108.040 – Required Findings 17.108.050 – Conditions of Approval 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 3-4. C. Parking approvals for expansion of uses with nonconforming parking, as set forth in Chapter 17.72 (Parking and Loading). D. Reasonable Accommodations, as set forth in Chapter 17.112 (Reasonable Accommodation). E. Home Occupation Permits, as set forth in Section 17.86.140 (Home Occupations). F. Temporary Use Permits, as set forth in Section 17.86.26 (Temporary and Intermittent Uses). 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 17.32.030(B) (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 Ordinance No. 1650 (2018 Series) EXHIBIT B CITY OF SAN LUIS OBISPO Title 17 – ZONING REGULATIONS 6-17 September 2018 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. a. Accent Lighting. All accent lighting to ensure compliance with the provisions of Section 17.70.100 (Lighting and 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 Section 17.70.100 (Lighting and 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 Section 17.70.100 (Lighting and Night Sky Preservation). 7. Parking and Driveway Design Standards. As set forth in Chapter 17.72 (Parking and Loading). 8. Planned Development – Minor Modification. Minor modifications to an approved Planned Development plan, as set forth in Chapter 17.48 (Planned Development [PD] Overlay Zone). 9. Screening Requirements for Mechanical and Electrical Equipment. As set forth in Article 2 and Section 17.76.100 (Screening). 10. Screening Requirements for Outdoor Sales and Storage. As set forth in Article 2 and Section 17.76.100 (Screening). 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 17.104 (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 17.108.040 (Required Findings). 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 17.108.040 (Required Findings) can be made. Ordinance No. 1650 (2018 Series) EXHIBIT B Article 6: Permit Procedures 6-18 September 2018 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. C. Onsite Inspection. An application for a Director’s Action may require that the Director perform an onsite 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; 2. Is consistent with or an improvement to the character of the neighborhood or zone; 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, 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 17.108.040 (Required Findings). Ordinance No. 1650 (2018 Series) EXHIBIT B CITY OF SAN LUIS OBISPO Title 17 – ZONING REGULATIONS 6-19 September 2018 Chapter 17.109: Director’s Hearing Sections: 17.109.010 – Purpose and Intent 17.109.020 – Applicability 17.109.030 – Application Filing, Processing, and Review 17.109.040 – Required Findings 17.109.050 – Conditions of Approval 17.109.010 – Purpose and Intent The purpose of this Chapter is to authorize the Director to act on certain applications via a public hearing as described in this Chapter. Notwithstanding these provisions, the Director shall have the authority to refer any application subject to this Chapter to the Planning Commission for consideration. 17.109.020 – Applicability The Director is authorized to act administratively on the applications and take the actions set forth in Table 6-1: Review Authority. 17.109.030 – Application Filing, Processing, and Review A. Application Filing. An application for a Director’s Hearing shall be filed and processed in compliance with Chapter 17.104 (Permit Application Filing and Processing). The application shall include the information and materials specified in the Department handout for Director’s Hearing applications, together with the required fee. It is the responsibility of the applicant to provide evidence in support of the findings required by Section 17.109.040 (Required Findings). B. Application Review. Each application for a Director’s Hearing 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 Hearing shall be scheduled when the Department receives a complete application package, including the required information and materials specified in the Department handout and related 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 17.109.040 (Required Findings) can be made. C. Onsite Inspection. An application for a Director’s Hearing may require that the Director perform an onsite inspection of the subject parcel before confirming that the request complies with all of the applicable criteria and provisions identified in this Chapter. D. Public Hearing. 1. Before acting on any Director’s Hearing application, the Director shall hold a hearing at which information and arguments may be presented. Notice of the time, date, place, and purpose of the hearing shall be given in compliance with Chapter 17.122 (Public Notices and Hearings). Ordinance No. 1650 (2018 Series) EXHIBIT B Article 6: Permit Procedures 6-20 September 2018 2. Decisions of the Director shall be rendered in writing within 10 days of the final hearing at which action is taken. The decision shall state the conditions of approval, if any, or the reasons for denial. The Director’s decision shall be final unless appealed. 17.109.040 – Required Findings A Required Findings. The Director may approve a Director’s Hearing application only after first making all of the following findings. The proposed application and project: 1. Are consistent with the intent of these Zoning Regulations and applicable General Plan policies; 2. Are consistent with or an improvement to the character of the neighborhood or zone; 3. Provide 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. B. Failure to Make Findings. The Director shall deny the application if any one or more of the required findings cannot be made. 17.109.050 – Conditions of Approval In approving a Director’s Hearing 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 17.109.040 (Required Findings). Ordinance No. 1650 (2018 Series) EXHIBIT B CITY OF SAN LUIS OBISPO Title 17 – ZONING REGULATIONS 6-21 September 2018 Chapter 17.110: Minor Use Permits and Conditional Use Permits Sections: 17.110.010 – Purpose and Intent 17.110.020 – Application Requirements 17.110.030 – Procedure – Minor Use Permit 17.110.040 – Procedure – Conditional Use Permit 17.110.050 – Conditions of Approval 17.110.060 – Criteria for Approval 17.110.070 – Required Findings 17.110.080 – Requirement for and Compliance with Use Permits 17.110.090 – Permit to Run with the Land 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 particular uses so they will be compatible with existing or desired conditions in their neighborhoods or zones. 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. Where the term Use Permit is used 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 17.104 (Permit Application Filing and Processing). It is the responsibility of the applicant to provide evidence in support of the findings required by Section17.110.070 (Required Findings). 17.110.030 – Procedure – Minor Use Permit A. Hearing, Decision, and Referral. 1. Before acting on any Minor Use Permit application, the Director shall hold a hearing at which information and arguments may be presented. Notice of the time, date, place, and purpose of the hearing shall be given in compliance with Chapter 17.122 (Public Notices and Hearings). 2. Decisions of the Director shall be rendered in writing within 10 days of the final hearing at which action is taken. The decision shall state the conditions of approval, if any, or the reasons for denial. The Director’s decision shall be final unless appealed. 3. At his or her discretion, the Director may refer a Minor Use Permit to the Planning Commission when he/she determines the application involves a major policy issue or public controversy that would be resolved more suitably by the Planning Commission. Ordinance No. 1650 (2018 Series) EXHIBIT B Article 6: Permit Procedures 6-22 September 2018 17.110.040 – Procedure – Conditional Use Permit A. Hearing and Decision. 1. Before acting on any use permit application, the Planning Commission shall hold a public hearing conducted according to its procedure. Notice of the time, date, place, and purpose of the hearing shall be given in compliance with Chapter 17.122 (Public Notices and Hearings). 2. Decisions of the Planning Commission shall be rendered in writing within 10 days of the final hearing at which action is taken. The decision shall state the conditions of approval, if any, or the reasons for denial. The Planning Commission’s decision shall be final unless appealed. 3. When a Conditional Use Permit is before the Planning Commission, the Planning Commission may act to impose additional or relax any property development standards capable of being so altered under relevant sections of these regulations. The intent of this provision is to enable the Planning 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 findings and procedures shall apply as provided in relevant sections of these regulations. 17.110.050 – Conditions of Approval A. Conditions Allowed. Conditions imposed by the Director, Planning Commission, or Council may include, but are not limited to, the following: 1. Modification or limitation to activities, including times and types of operations; 2. Special yards or open spaces; 3. Fences, walls, or landscape screens; 4. Provision and arrangement of parking and vehicular and pedestrian circulation; 5. Onsite or off-site street, sidewalk or utility improvements, and maintenance agreements; 6. Noise generation and attenuation; 7. Dedication of right-of-way or easements or access rights; 8. Arrangement of buildings and use areas on the site; 9. Special hazard reduction measures, such as slope planting; 10. Minimum site area; 11. Other conditions which may be found necessary to address unusual site conditions; 12. Establishment of an expiration date, after which the use must cease at that site; 13. Recycling and solid waste plans. B. Limitation. Conditions may not be imposed that restrict the use to a specific person or group. Ordinance No. 1650 (2018 Series) EXHIBIT B CITY OF SAN LUIS OBISPO Title 17 – ZONING REGULATIONS 6-23 September 2018 17.110.060 – Criteria for Approval In deciding whether a proposal is acceptable at a given location, the Director, Planning Commission, and Council shall consider whether the proposal could be established and maintained without jeopardy to persons or property within or adjacent to the proposed site and without damage to the resources of the site and its surroundings. Appropriate criteria may be found in the following sources, without limitation: A. General Plan elements (such as land use, circulation, housing, noise, seismic safety, public safety, open space and conservation); B. Specific Plans and special studies; C. Community Design Guidelines; 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. 17.110.070 – Required Findings A. In order to grant a Minor Use Permit or Conditional Use Permit, the Director or Planning Commission, or on appeal, the Council, 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. Traffic generation and 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 establishment and subsequent operation or conduct of the use will not, because of the circumstances and conditions applied in the particular case, be detrimental to the health, safety or welfare of the general public or persons residing or working in the neighborhood of the use, or be detrimental or injurious to property or improvements in the vicinity of the use. B. The Director, Planning Commission, or Council may deny the proposal or attach conditions as deemed necessary to secure the purposes of these regulations. Actions on Minor Use Permits and Conditional Use Permits shall be justified by written findings, based on substantial evidence in view of the whole record. Ordinance No. 1650 (2018 Series) EXHIBIT B Article 6: Permit Procedures 6-24 September 2018 17.110.080 – Requirement for and Compliance with Use Permits 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 Permit approval of the type required for the existing use. The Director 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 Permit control. B. Any conditions established pursuant to these regulations shall be met before the use is established, except that the Director, Planning Commission or, on appeal, the Council, may establish a schedule for certain conditions to be met after establishment of the use. Continuance of the use shall then be contingent on complying with the schedule for meeting applicable conditions. 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. Ordinance No. 1650 (2018 Series) EXHIBIT B CITY OF SAN LUIS OBISPO Title 17 – ZONING REGULATIONS 6-25 September 2018 Chapter 17.112: Reasonable Accommodation Sections: 17.112.010 – Purpose and Intent 17.112.020 – Requests for Reasonable Accommodation 17.112.030 – Application Requirements 17.112.040 – Process for Approval 17.112.050 – Conditions of Approval 17.112.060 – Required Findings 17.112.070 – Occupancy Requirement 17.112.080 – Appeals 17.112.010 – Purpose and Intent The Reasonable Accommodation provisions allow for flexibility in the application of regulations and procedures to ensure equal access to housing. The provisions set forth in this Chapter provide a procedure under which a disabled person may request a reasonable accommodation in the application of zoning requirements. This Chapter is based on requirements of the Federal and State fair housing laws and is designed to eliminate barriers to housing opportunities. 17.112.020 – Requests for Reasonable Accommodation A. Request. A request for Reasonable Accommodation in the application of land use and Zoning 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 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 Accommodation cannot waive a requirement for a Minor Use Permit or Conditional Use Permit when otherwise required or result in approval of uses otherwise prohibited by the City’s land use and Zoning Regulations. B. Assistance. If an applicant needs assistance in making the request, the Planning Division will endeavor to provide the assistance necessary to ensure that the process is available to the applicant. C. Balancing Rights and Requirements. The City will attempt to balance the privacy rights and reasonable request of an applicant for confidentiality with the land use requirements for notice and public hearing, factual findings, and rights to appeal in the City’s request for information, considering an application, preparing written findings, and maintaining records for a request for reasonable accommodation. 17.112.030 – Application Requirements Whenever a request for Reasonable Accommodation is submitted for consideration, as a part of the application, sufficient information shall be submitted to the Community Development Department to determine whether the Reasonable Accommodation request complies with the provisions of this Chapter. In addition to the required Director’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 City for which the request for accommodation is being made, including the zoning code regulation from which reasonable accommodation is being requested. Ordinance No. 1650 (2018 Series) EXHIBIT B Article 6: Permit Procedures 6-26 September 2018 C. Type of accommodation sought. 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. 17.112.040 – Process for Approval A. Director’s Action. Requests for Reasonable Accommodation shall be reviewed by the Director if no approval is sought other than the request for Reasonable Accommodation. The Director 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 Accommodation submitted for concurrent review with another discretionary land use application shall be reviewed by the authority responsible for reviewing the other application. 17.112.050 – 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 Chapter 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. H. Other conditions necessary to protect the public health, safety, and welfare. 17.112.060 – Required Findings The approval of a Reasonable Accommodation shall require that the Director or other review authority first find that: 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 City; and Ordinance No. 1650 (2018 Series) EXHIBIT B CITY OF SAN LUIS OBISPO Title 17 – ZONING REGULATIONS 6-27 September 2018 D. The requested accommodation would not require a fundamental alteration in the nature of a City program or law, including but not limited to land use and zoning. 17.112.070 – Occupancy Requirement A modification approved under this Chapter is considered a personal accommodation for the individual applicant and does not run with the land. 17.112.080 – Appeals The Director shall administer and interpret these requirements, subject to the applicable codes and City procedures. Decisions of the Director or other review authority are appealable subject to the Zoning Regulations appeal provisions (Chapter 17.126). Ordinance No. 1650 (2018 Series) EXHIBIT B Article 6: Permit Procedures 6-28 September 2018 Chapter 17.113: Temporary Use Permits Sections: 17.113.010 – Purpose and Applicability 17.113.020 – Procedure 17.113.030 – Findings 17.113.040 – Conditions of Approval 17.113.010 – Purpose and Applicability A. Purpose. The purpose of this Chapter is to allow for those short-term and intermittent activities set forth in Section 17.86.260 (Temporary and Intermittent Uses) that would be compatible with adjacent and surrounding uses when conducted in compliance with this Chapter. B. Applicability. Those uses identified in Section 17.86.260 (Temporary and Intermittent Uses) shall require a Temporary Use Permit pursuant to the provisions of this Chapter. The following temporary uses are exempt from the requirement for a Temporary Use Permit. 1. Onsite contractor’s construction/storage uses in conjunction with an approved construction project on the same site. 2. Emergency public health and safety facilities and uses, as determined by the Director. 3. Garage and yard sales involving the sale of personal property conducted in a residential zone. 17.113.020 – Procedure A. An application shall be in the form prescribed by the Director, shall state the precise nature of proposed temporary or intermittent use, and shall be accompanied by any required fees. B. The application shall be filed with the Department at least 30 days before the date that the proposed temporary use is scheduled to take place. C. It shall be the responsibility of the applicant to establish evidence in support of the findings required by Section 17.113.040 (Findings). D. Following receipt of a completed application, the Director shall investigate the facts necessary for action consistent with the purpose of this Chapter. E. The Director, through a Director’s Action, may approve a Temporary Use Permit, deny the application, or defer action and refer to the application to the Planning Commission for review and final decision. F. Given the abbreviated time frame between the action of the Director on an application for conducting a proposed temporary or intermittent use and the date for such use, the action by the Director may be appealed to the City Manager. Ordinance No. 1650 (2018 Series) EXHIBIT B CITY OF SAN LUIS OBISPO Title 17 – ZONING REGULATIONS 6-29 September 2018 17.113.030 – Findings The Director may approve a Temporary Use Permit application, with or without conditions, only if he/she first makes all of the following findings: A. The operation of the requested temporary use at the location proposed, within the time period specified, and subject to appropriate conditions will not jeopardize, endanger, or otherwise constitute a menace to the public convenience, health, safety, or general welfare; B. The proposed site is adequate in size and shape to accommodate the temporary use without material detriment to the use and enjoyment of other properties located adjacent to and in the vicinity of the site; C. The proposed site is adequately served by streets or highways having sufficient width and improvements to accommodate the kind and quantity of traffic that the temporary use will or could reasonably be expected to generate; D. Adequate temporary parking to accommodate vehicular traffic to be generated by the temporary use will be available either onsite or at alternate locations acceptable to the Director; E. The location for the proposed temporary use would not adversely interfere with existing uses on the subject property, and would not impede or adversely impact pedestrian access ways and/or vehicular circulation patterns; and F. The applicant agrees in writing to comply with any and all of the conditions imposed in the approval of the Temporary Use Permit. 17.113.040 – Conditions of Approval A. May Impose Conditions. In approving a Temporary Use Permit application, the Director may impose conditions that are deemed reasonable and necessary to ensure that the permit would be in compliance with this Chapter, Section 17.86.260 (Temporary and Intermittent Uses), and the findings required by Section 17.113.030 (Findings), above. B. Appropriate Conditions. The conditions may address any pertinent factors affecting the operation of the temporary activity or use, and may include the following: 1. Fixed Period of Time. Unless otherwise stated in the permit, a provision for a fixed period of time. 2. Operating Hours and Days. Regulation of operating hours and days, including limitation of the duration of the temporary use. 3. Temporary Pedestrian and Vehicular Circulation. Provision for adequate temporary pedestrian and vehicular circulation, parking facilities (including vehicular ingress and egress), and public transportation, if applicable; 4. Regulation of Nuisance Factors. Regulation of nuisance factors including prevention of glare or direct illumination on adjacent parcels, dirt, dust, gases, heat, noise, odors, smoke, trash, and vibration. 5. Regulation of Temporary Structures. Regulation of temporary structures and facilities, including their number, placement, height and size, location of equipment and open spaces, including buffer areas and other yards; Ordinance No. 1650 (2018 Series) EXHIBIT B Article 6: Permit Procedures 6-30 September 2018 6. Sanitary and Medical Facilities. Provision for sanitary and medical facilities, as appropriate. 7. Waste Collection, Recycling, and/or Disposal. Provision for solid, hazardous, and toxic waste collection, recycling, and/or disposal. 8. Police/Security and Safety Measures. Provis ion for police/security and safety measures, as appropriate. 9. Outdoor Lighting. Regulation of outdoor lighting. 10. Special Sales. If special sales are proposed, limitations on the location where sales may occur, the number of vendors, and the scope of goods to be sold. 11. Food Sales. If food sales are involved, obtainment of all appropriate health permits. 12. Performance Bond. Submission of a performance bond or other security measures satisfactory to the Director to ensure that any temporary structures and facilities used will be removed from the site within a reasonable time following the activity and that the property will be restored to its former condition, or better, as determined by the Director. 13. Other Conditions. Other conditions that would ensure the operation of the proposed temporary use in an orderly and efficient manner, and in full compliance with the purpose of this Section. Ordinance No. 1650 (2018 Series) EXHIBIT B CITY OF SAN LUIS OBISPO Title 17 – ZONING REGULATIONS 6-31 September 2018 Chapter 17.114: Variances Sections: 17.114.010 – Purpose and Applicability 17.114.020 – Procedure 17.114.030 – Burden of Proof 17.114.040 – Required Findings 17.114.010 – Purpose and Applicability A. Purpose. The Variance procedure is intended to allow minor relaxation 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. B. Applicability. Yards, height limits, lot coverage, floor area ratio, and parking space requirements may be relaxed. No Variance to land use regulations or density standards may be granted. 17.114.020 – Procedure A. An application shall be in the form prescribed by the Director, shall state the precise nature of the grounds for the Variance sought, and shall be accompanied by any required fees. B. Notification requirements and actions of the Director shall be as provided for Minor Use Permits in Section 17.110.030 (Procedure – Minor Use Permit). 17.114.030 – Burden of Proof It shall be the responsibility of the applicant to provide evidence in support of the findings required in Section 17.114.040 (Required Findings). 17.114.040 – Required Findings In order to approve a Variance, the Director or, 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 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 D. That the Variance will not adversely affect the health, safety, or general welfare of persons residing or working on the site or in the vicinity. Ordinance No. 1650 (2018 Series) EXHIBIT B CITY OF SAN LUIS OBISPO Title 17 – ZONING REGULATIONS 7-1 September 2018 ARTICLE 7: ADMINISTRATION OF ZONING REGULATIONS Chapter 17.120: Administrative Responsibility Sections: 17.120.010 – Purpose 17.120.020 – Community Development Director 17.120.030 – Planning Commission 17.120.040 – Architectural Review Commission 17.120.050 – City Council 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 Community Development 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. Ordinance No. 1650 (2018 Series) EXHIBIT B Article 7: Administration 7-2 September 2018 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 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). Ordinance No. 1650 (2018 Series) EXHIBIT B CITY OF SAN LUIS OBISPO Title 17 – ZONING REGULATIONS 7-3 September 2018 Chapter 17.122: Public Notices and Hearings Sections: 17.122.010 – Purpose 17.122.020 – Notice of Hearing 17.122.030 – Scheduling of Hearing 17.122.040 – Hearing Procedure 17.122.050 – Effective Date of Decision 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 Community Development 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, 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). Ordinance No. 1650 (2018 Series) EXHIBIT B Article 7: Administration 7-4 September 2018 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: 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 and a Community Development 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. Ordinance No. 1650 (2018 Series) EXHIBIT B CITY OF SAN LUIS OBISPO Title 17 – ZONING REGULATIONS 7-5 September 2018 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. 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. 17.122.050 – 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 17.126 (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. Ordinance No. 1650 (2018 Series) EXHIBIT B Article 7: Administration 7-6 September 2018 Chapter 17.124: Amendments - Zoning Regulations and Zoning Map Sections: 17.124.010 – Scope 17.124.020 – Authority to Initiate an Amendment to the Zoning Regulations 17.124.030 – Authority to Initiate a Change of Zone 17.124.040 – Processing, Notice, and Hearings 17.124.010 – Scope An amendment to these Zoning Regulations which changes any property from one zone to another shall be adopted as set forth in this Chapter. Any other amendment to these Zoning Regulations may be adopted as other ordinances and amendments to the Municipal Code are adopted. 17.124.020 – Authority to Initiate an Amendment to the Zoning Regulations An amendment to these regulations may be initiated by: A. A resolution of intention of the Council; B. An application by the Director or any other person or agency in the form prescribed by the Director. 17.124.030 – Authority to Initiate a Change of Zone An application to change the zone of a property or properties from one zone to another may be initiated by: A. Any owner of real property in the City or his/her authorized agent; B. A resolution of intention of the Council; C. The Director. 17.124.040 – Processing, Notice, and Hearings A. Planning Commission Action. 1. Before taking any action on a proposed zone change, the Planning Commission shall hold a public hearing. Notice of the time, date, place, and purpose of the hearing shall be given in each of the following ways at least 10 calendar days before the hearing: a. Publication in a newspaper of general circulation within the City; 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. First-class mail to owners of the property to be rezoned and of property within a radius of 300 feet, as listed in the most recent annual revision of the County Assessor’s roll. 2. Failure to post or notify by mail shall not invalidate any amendments duly adopted. Ordinance No. 1650 (2018 Series) EXHIBIT B CITY OF SAN LUIS OBISPO Title 17 – ZONING REGULATIONS 7-7 September 2018 3. The Planning Commission shall make a recommendation to approve or deny a zone change application. Its action shall be a written recommendation to the Council, including any required findings. B. Council Action. Before taking action on a recommendation of the Planning Commission, the Council shall hold a public hearing for which notice shall be given as provided in Chapter 17.122 (Public Notices and Hearings). Ordinance No. 1650 (2018 Series) EXHIBIT B Article 7: Administration 7-8 September 2018 Chapter 17.126: Appeals Sections: 17.126.010 – Standing to Appeal 17.126.020 – Time to File Appeal 17.126.030 – Content of Appeal Filing 17.126.040 – Course of Appeals 17.126.050 – Hearings and Notice 17.126.010 – 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. 17.126.020 – Time to File Appeal Appeals must be filed within 10 calendar days of the rendering of a decision which is being appealed. If the tenth day is a Saturday, Sunday, or holiday, the appeal period shall extend to the next business day. 17.126.030 – Content of Appeal Filing The appeal shall concern a specific action and shall state the grounds for appeal. Applicable fees for the appeal shall be paid as established by Council resolution. 17.126.040 – Course of Appeals A. Decisions of the Director shall be appealed to the Planning Commission. Such appeals shall be filed with the Director. B. Decisions of the Planning Commission shall be appealed to the Council. Such appeals shall be filed with the City Clerk. 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 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. 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. Ordinance No. 1650 (2018 Series) EXHIBIT B CITY OF SAN LUIS OBISPO Title 17 – ZONING REGULATIONS 7-9 September 2018 Chapter 17.128: Development Agreements Sections: 17.128.010 – Purpose and Scope 17.128.020 – Authority 17.128.030 – Initiation of Hearings 17.128.040 – Applications – Legal Interest 17.128.050 – Fees 17.128.060 – Preapplication Review 17.128.070 – Application – Contents 17.128.080 – Public Notice 17.128.090 – Failure to Receive Notice 17.128.100 – Planning Commission Hearing and Recommendation 17.128.110 – City Council Hearing 17.128.120 – City Council Action 17.128.130 – Development Agreement – Contents 17.128.140 – Development Agreement – Adoption by Ordinance – Execution of Contract 17.128.150 – Recordation of Executed Agreement 17.128.160 – Ordinance, Regulations, and Requirements Applicable to Development 17.128.170 – Subsequently Enacted State and Federal Laws 17.128.180 – Enforcement – Continuing Validity 17.128.190 – Amendment – Time Extension – Cancellation 17.128.200 – Review for Compliance – Director’s Authority 17.128.210 – Violation of Agreement – Council Review and Action 17.128.220 – Modification or Termination for Violations 17.128.230 – Consequences of Termination 17.128.240 – Irregularity of Proceedings 17.128.250 – Coordination of Approvals 17.128.010 – Purpose and Scope Development Agreements specify the rights and responsibilities of the City and developers. Used in conjunction with subdivision approval, annexation, rezoning, or architectural approval, Development Agreements establish the terms and conditions under which development projects may proceed. Development Agreements are best used for large, complex, or phased projects which require extended construction time and which involve numerous public improvements such as streets, utilities, flood improvements, schools, parks and open space, and other improvements of community-wide benefit. Under a Development Agreement, projects may proceed under the rules, standards, policies, and regulations in effect at the time of original project approval. 17.128.020 – Authority This Chapter establishes procedures and requirements for Development 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 Commission may recommend and the Council may enter into a Development Agreement for the development of real property with any person having a legal or equitable interest in such property, as provided in this Chapter. At its sole discretion, the Council may, but is not required to, approve a Development Agreement where a clear public benefit or public purpose can be demonstrated. Ordinance No. 1650 (2018 Series) EXHIBIT B Article 7: Administration 7-10 September 2018 17.128.030 – Initiation of Hearings Hearings on a Development Agreement may be initiated: (A) upon the filing of an application as provided below; or (B) by the Council by a simple majority vote. 17.128.040 – Applications – Legal Interest Any person having a legal or equitable interest in real property or such other interest as specified in Section 17.128.070(A)(3)(b) may apply for a Development Agreement, except that a person may not file, and the Director shall not accept, an application which is the same as, or substantially the same as, an application which was denied within the previous year, unless the application is initiated or otherwise authorized by the Council. 17.128.050 – Fees The Council shall establish, and from time to time may amend, a schedule of fees to cover the City’s costs of processing applications for development agreements and conducting an annual review as required by the Government Code. 17.128.060 – Preapplication Review Before submitting an application and support materials, applicants shall discuss the proposal with the Director. At such review, the applicant should present a preliminary site plan and show basic features of the proposed project, including its public purposes and/or benefits. For large or complex projects, the applicant may request Council review of the preliminary concept. Such a review shall be at the Council’s sole discretion and would allow the Council to review and comment on a proposal early in the review process. 17.128.070 – Application – Contents A. A Development Agreement application shall include the following information: 1. A planning application and processing fee; 2. The names and addresses of the applicant and of all persons having a legal or equitable interest in all or a part of the property proposed to be used; 3. Evidence that the applicant: a. Has a legal or equitable interest in the property involved, or b. Has written permission from a person having a legal or equitable interest to make such application; 4. Location of the subject property by address and vicinity map; 5. Legal description of the property, including a statement of total area involved; 6. A plan showing the location of all property included in the request for action, existing and proposed land uses, property lines and dimensions, topography, significant natural features, setbacks, the location of all highways, streets, alleys and the location and dimensions of all lots or parcels of land within a distance of 300 feet from the exterior boundaries of the property described in the application; Ordinance No. 1650 (2018 Series) EXHIBIT B CITY OF SAN LUIS OBISPO Title 17 – ZONING REGULATIONS 7-11 September 2018 7. Mailing list including addresses of all tenants occupying the subject property and properties within 300 feet from the subject property boundaries; and a mailing list of owners of adjacent properties within 300 feet from the subject property boundaries, as shown on the County Assessor’s latest available assessment roll; 8. The proposed Development Agreement, together with all explanatory text, plans, maps, drawings, pictures and other information as may be required to evaluate such proposal, and as further described in Section 17.128.130; and 9. Such other information as the Director may require. B. The Director may waive the filing of one or more of the above items where the required information is filed with an application for a rezoning, use permit, variance, subdivision approval, or other development entitlement to be considered concurrently with the Development Agreement. 1. The Director may reject any application that does not supply the required information or may reject incomplete applications. 2. The accuracy of all information, maps, and lists submitted shall be the responsibility of the applicant. 17.128.080 – Public Notice A. Director Responsibilities. When the Director certifies that the application is complete, the item shall be scheduled for Planning Commission hearing, and the Director shall give notice of the public hearing, as provided below. B. Manner of Giving Public Notice. Public notice shall be provided in compliance with Chapter 17.122 (Public Notices and Hearings). 17.128.090 – Failure to Receive Notice The failure to receive notice by any person entitled thereto by law or this Chapter does not affect the authority of the City to enter into a Development Agreement. 17.128.100 – Planning Commission Hearing and Recommendation The Planning Commission shall consider the proposed Development Agreement and shall make its recommendation to the Council. The recommendation shall include whether or not the proposed Development Agreement meets the following findings: A. The proposed Development Agreement is consistent with the General Plan and any applicable specific plan; B. The proposed Development Agreement complies with these Zoning Regulations, the subdivision ordinance, and other applicable ordinances and regulations; C. The proposed Development Agreement promotes the general welfare, allows more comprehensive land use planning, and provides substantial public benefits or necessary public improvements, making it in the City’s interest to enter into the Development Agreement with the applicant; and Ordinance No. 1650 (2018 Series) EXHIBIT B Article 7: Administration 7-12 September 2018 D. The proposed project and Development Agreement: 1. Will not adversely affect the health, safety, or welfare of persons living or working in the surrounding area; and 2. Will be appropriate at the proposed location and will be compatible with adjacent land uses. 17.128.110 – City Council Hearing After the recommendation of the Planning Commission, the City Clerk shall give notice of a public hearing before the Council in the manner provided for in Chapter 17.122 (Public Notices and Hearings). 17.128.120 – City Council Action A. Referral. After it completes the public hearing and considers the Planning Commission’s recommendation, the Council may approve, conditionally approve, modify, or disapprove the proposed Development Agreement. The Council may refer matters not previously considered by the Planning Commission during its hearing back to the Planning Commission for review and recommendation. B. Approval. The Development Agreement may be approved if the Council makes the findings for approval listed in Section 17.128.100. 17.128.130 – Development Agreement – Contents A. Development Agreements shall include the following: 1. The duration of the agreement, including a specified termination date if appropriate; 2. The uses to be permitted on the property; 3. The density or intensity of use permitted; 4. The maximum height, size, and location of buildings permitted, 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 Regulations or other development standard, and findings where required; 7. The time schedule established for periodic review as required by Section 17.128.200. B. Development Agreements may also include additional terms, conditions, and restrictions in addition to those listed in subsection A of this Section. These additional terms may include, but are not limited to: 1. Development schedules providing that construction of the proposed development as a total project or in phases be initiated and/or completed within specified time periods; 2. The construction of public facilities required in conjunction with such development, including but not limited to vehicular and pedestrian rights-of-way, public art and other landscape amenities, drainage and flood-control facilities, parks and other recreational facilities, and sewers and sewage treatment facilities; Ordinance No. 1650 (2018 Series) EXHIBIT B CITY OF SAN LUIS OBISPO Title 17 – ZONING REGULATIONS 7-13 September 2018 3. Method of financing such improvements and, where applicable, reimbursement to developer or City; 4. Prohibition of one or more uses normally listed as permitted, accessory, subject to Director’s Action or subject to a 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 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 setbacks, opens spaces, trails, staging areas, buffer areas, fences and walls, public art, landscaping, and parking facilities, including vehicular and pedestrian ingress and egress; 9. Performance standards regulating such items as noise, vibration, smoke, dust, din, odors, gases, garbage, heat, and the prevention of glare or direct illumination of adjacent properties; 10. Limitations on operating hours and other characteristics of operation which the Council determines could adversely affect the reasonable use and enjoyment of surrounding properties. 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 A. The Development Agreement shall be approved by the adoption of an ordinance. Upon the adoption of the ordinance, the City shall enter into the Development Agreement by the execution thereof by the Mayor or City Manager. B. No ordinance shall be finally adopted 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 Council and returned the executed agreement to the City Clerk within 60 days following Council approval, the approval shall be deemed withdrawn, and the Council shall not finally adopt such ordinance, nor shall the City Manager execute the agreement. C. Such 60-day time period may be extended upon approval of the Council. 17.128.150 – Recordation of Executed Agreement Following the execution of a Development Agreement, the City Clerk shall cause the executed agreement to be recorded with the County Recorder. Ordinance No. 1650 (2018 Series) EXHIBIT B Article 7: Administration 7-14 September 2018 17.128.160 – Ordinance, Regulations, and Requirements Applicable to Development Development projects covered by a Development Agreement shall comply with the General Plan, Zoning Regulations, subdivision ordinance, and other applicable codes, ordinances, rules, regulations, and official policies in effect on the date of execution of the Development Agreement, provided, however, that a Development Agreement shall not: A. Be construed to prevent the application of later adopted or amended ordinances, rules, regulations, and policies which do not conflict with such existing ordinances, rules, regulations and policies under the development agreement; B. Prevent the approval, conditional approval, or denial of subsequent development applications pursuant to such existing or later adopted or amended ordinances, rules, regulations, and policies; or C. Preclude the City from adopting and implementing emergency measures regarding water or sewer deficiencies when the Council determines that such action is necessary to protect public health and safety. If such action becomes necessary, the Council reserves the right to suspend water or sewer service on an equitable basis until such deficiencies are corrected. 17.128.170 – Subsequently Enacted State and Federal Laws In the event that State or Federal laws or regulations enacted after execution of a Development Agreement prevent or preclude compliance with one or more provisions of such agreement, the provisions of such agreement shall be deemed modified or suspended to the extent necessary to comply with such laws or regulations. 17.128.180 – Enforcement – Continuing Validity A. Unless and until amended or canceled in whole or in part as provided in Sections 17.128.190 or 17.128.210, a Development Agreement shall be enforceable by any party to the agreement, regardless of any change in regulations which alters or amends the regulations applicable to the project covered by a Development Agreement, except as specified in Sections 17.128.160 and 17.128.170. B. The Development Agreement shall be binding upon, and the benefits of the agreement shall inure to, all successors in interest to the parties to the agreement. 17.128.190 – Amendment – Time Extension – Cancellation A Development Agreement may be amended, extended, or cancelled, in whole or in part, by mutual consent of all parties to the agreement or their successors in interest. Procedures for amendment, time extensions, or cancellation of the Development Agreement by mutual consent shall be the same as provided for initiation and consideration of such agreement. 17.128.200 – Review for Compliance – Director’s Authority A. Every Development Agreement entered into by the Council shall provide for Director review of compliance with the Development Agreement at time intervals as specified in the agreement, but not less than once every 12 months. B. The Director shall determine whether the applicant or his or her successor in interest has or has not complied with the agreement. If the Director determines that the terms or conditions of the agreement are not being met, all parties to the agreement shall be notified by registered or certified mail or other method guaranteeing proof of Ordinance No. 1650 (2018 Series) EXHIBIT B CITY OF SAN LUIS OBISPO Title 17 – ZONING REGULATIONS 7-15 September 2018 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’s satisfaction at the time of the Director’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 Director, the applicant or his or her successor in interest has failed to comply with the terms of the agreement or has not submitted evidence substantiating such compliance, the Director shall notify the Council of his or her findings, recommending such action as he or she deems appropriate, including legal action to enforce compliance or to terminate or modify the agreement. 17.128.210 – Violation of Agreement – Council Review and Action A. When the Director notifies the Council that a Development Agreement is being violated, a public hearing shall be scheduled before the Council to consider the matter. Procedures for conduct of such hearing shall be the same as provided for initiation and consideration of a Development Agreement. B. If the Council determines that the applicant or his or her successor in interest is in violation of a Development Agreement, it may take one of the following actions: 1. Schedule the matter for Council hearing for modification or possible termination of the agreement. Procedures for hearing notice shall be the same as provided in Section 17.128.080; or 2. Continue the matter for further consideration. 17.128.220 – Modification or Termination for Violations A. After the hearing required by Section 17.128.210 (A), the Council may terminate or modify the agreement upon finding that: 1. Terms, conditions, and obligations of any party to the Development 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. Such remedial action may include, but is not limited to, changes to project design or uses, operating characteristics, or necessary onsite 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. Ordinance No. 1650 (2018 Series) EXHIBIT B Article 7: Administration 7-16 September 2018 17.128.230 – Consequences of Termination Upon termination of the Development Agreement, the owner shall otherwise comply with City codes, regulations, development standards, and other applicable laws in effect at the time of termination of the agreement. 17.128.240 – Irregularity of Proceedings No action, inaction, or recommendation regarding the proposed Development Agreement shall be held void or invalid or be set aside by a court by reason of any error, irregularity, informality, neglect, or omission as to any matter pertaining to the application, notice, finding, record, hearing, report, recommendation, or any other matters of procedure whatsoever unless, after an examination of the entire record, the court is of the opinion that the error was prejudicial and that a different result would have been probable if the error had not occurred or existed. 17.128.250 – Coordination of Approvals A. Public Hearings. Where an application for a Development Agreement is concurrently filed with an application for a zone change, use permit, variance, minor subdivision or tract map, or annexation and the applications may be feasibly processed together, public hearings may be concurrently held. B. Zoning or Subdivision Exceptions. Yards, permit height, coverage, parking requirements, density, and other design standards may be modified or relaxed during consideration of a Development Agreement. The Council may modify or relax development or subdivision standards when: (1) such modification or relaxation is otherwise allowed by this Municipal Code, (2) the Council makes findings as required by zoning and subdivision regulations, and (3) the Council determines that such modification or relaxation of standards is consistent with the General Plan and reasonably necessary to allow the safe, efficient, and/or attractive development of the subject property. Ordinance No. 1650 (2018 Series) EXHIBIT B CITY OF SAN LUIS OBISPO Title 17 – ZONING REGULATIONS 7-17 September 2018 Chapter 17.130: General Plan Amendments Sections: 17.130.010 – Purpose 17.130.020 – Authority to Initiate an Amendment 17.130.030 – Schedule for and Coordination of Amendments 17.130.040 – Processing, Notice, and Hearings 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 17.130.030 (Schedule for and Coordination of Amendments). B. Applications to Initiate Amendments. Any person may request an amendment of the General Plan by filing an application with the Community Development Department. 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. Ordinance No. 1650 (2018 Series) EXHIBIT B Article 7: Administration 7-18 September 2018 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 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 Planning 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 Chapter 17.122 (Public Notices and Hearings). 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. Ordinance No. 1650 (2018 Series) EXHIBIT B CITY OF SAN LUIS OBISPO Title 17 – ZONING REGULATIONS 7-19 September 2018 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. Ordinance No. 1650 (2018 Series) EXHIBIT B Article 7: Administration 7-20 September 2018 Chapter 17.132: Enforcement Sections: 17.132.010 – Delegation of Authority 17.132.020 – Violations 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. Ordinance No. 1650 (2018 Series) EXHIBIT B CITY OF SAN LUIS OBISPO Title 17 – ZONING REGULATIONS 8-1 September 2018 ARTICLE 8: HOUSING-RELATED REGULATIONS Chapter 17.138: Inclusionary Housing Requirements Sections: 17.138.010 – Purpose 17.138.020 – Applicability and Exclusions 17.138.030 – Definitions 17.138.040 – General Standards 17.138.050 – Procedures 17.138.060 – In-Lieu Housing Fee 17.138.070 – Affordable Housing Fund Established 17.138.080 – Real Property Dedication 17.138.090 – Incentives 17.138.100 – Project Application 17.138.110 – Required Agreements 17.138.120 – Program Requirements 17.138.130 – Eligibility Screening 17.138.140 – Affordability Restrictions 17.138.150 – Shared Equity Purchase Program 17.138.160 – Early Resale of Shared Equity Properties 17.138.170 – Management and Monitoring 17.138.180 – Enforcement and Appeals 17.138.190 – Severability 17.138.010 – Purpose The purpose and intent of this Chapter are: 1) to promote the public welfare by increasing the production and availability of affordable rental housing units; 2) to establish an inclusionary housing requirement which implements General Plan policies guiding land use and housing development; 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; Ordinance No. 1650 (2018 Series) EXHIBIT B Article 8: Housing-Related Regulations 8-2 September 2018 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. Ordinance No. 1650 (2018 Series) EXHIBIT B CITY OF SAN LUIS OBISPO Title 17 – ZONING REGULATIONS 8-3 September 2018 17.138.030 – Definitions For the purposes of this Chapter, 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. “Affordable” means housing which can be purchased or rented by a household with very low-, low-, or moderate- income, as described in the City’s affordable housing standards. B. “Building valuation” shall mean the total value of all construction work for which a construction permit is required, as determined by the Chief Building Official using the Uniform Building Code. C. “Density bonus” means a density increase over the maximum density otherwise allowable under the Zoning Regulations. D. “Development project” shall mean an activity for which a subdivision map or construction permit is required, including new buildings and building additions or remodels, but not including changes in ownership, occupancy, management, or use. E. “Expansion area” means a land area proposed for annexation to the City or annexed after the adoption date of the ordinance codified in this Chapter. F. “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 Chapter, and which meets the City’s affordable housing standards. H. “Low-” or “lower-income households” shall have the meaning set forth in Health and Safety Code Section 50079.5; provided the income of such persons and families shall not exceed 80 percent of the median income within the County. I. “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. J. “Moderate-income households” shall include those persons and families whose incomes exceed 80 percent but are less than or equal to 120 percent of the median income within the County. K. “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. “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-unit attached or detached homes, apartments, condominiums, live/work studios, mobile homes, and group housing. M. “Very low-income” shall have the meaning set forth in Health and Safety Code Section 50105, defined as “persons and families whose incomes do not exceed 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 California Administrative Code.” Ordinance No. 1650 (2018 Series) EXHIBIT B Article 8: Housing-Related Regulations 8-4 September 2018 17.138.040 – 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 (also included below) which require 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 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 Director. Housing Element Table 2 – 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 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. Ordinance No. 1650 (2018 Series) EXHIBIT B CITY OF SAN LUIS OBISPO Title 17 – ZONING REGULATIONS 8-5 September 2018 Housing Element Table 2A – 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 City affordable housing standards and must be consistent with affordability policies in the General Plan Housing Element. C. Concurrent Development. The required inclusionary units shall be constructed concurrently with market value units unless the developer and the Director agree within an affordable housing agreement to an alternative development schedule. 17.138.050 – Procedures A. Fractional Numbers. In determining the number of dwellings that are required to be built pursuant to Table 2, fractional units shall be rounded up to the next higher whole number unit. 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. C. Mixed-Use Development Projects. For mixed-use development projects with five or more dwellings, the inclusionary housing requirement is determined by: (1) using Table 2 to calculate the base inclusionary requirement for the commercial use, and (2) using Table 2A to adjust the base requirement based on project density and average unit size, as described in subsection (B) of this Section. For mixed-use development projects with fewer than five dwellings, the base inclusionary housing requirement for the commercial use shall apply. D. Timing. The inclusionary housing requirement shall be met prior to issuance of a certificate of occupancy for the first unit in a building, or the first building in a complex to be constructed or remodeled; or for subdivisions, prior to Final Map approval; or prior to building permit issuance, for projects for which a certificate of occupancy is not issued; or as otherwise agreed to by the Director as part of tentative map, rezoning, Minor 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 City, the Housing Authority of San Luis Obispo (HASLO), nonprofit housing provider, or other qualified housing provider approved by the Director to construct, refurbish, convert, operate, and maintain the required affordable housing. Such affordable housing agreements shall be to the approval of the Director and shall be in a form approved by the City Attorney. Ordinance No. 1650 (2018 Series) EXHIBIT B Article 8: Housing-Related Regulations 8-6 September 2018 17.138.060 – In-Lieu Housing Fee A. Payment of In-Lieu Fee. The developer may, at his or her discretion, choose to pay a fee to the City 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 of Appendix N of the General Plan Housing Element, and where applicable, as adjusted by Table 2A in Appendix N of the General Plan Housing Element, to the approval of the Director. For subdivisions in which the construction valuation is not known, the Director shall estimate the average construction valuation based on lot area, land value, and applicable City development standards. The developer shall use the estimated average construction valuation to determine the amount of in-lieu fees. C. Timing. In-lieu fees shall be paid prior to release of occupancy of the first dwelling within a residential development; or for residential subdivisions to be built out by others, prior to final subdivision map approval; or prior to occupancy for new commercial buildings or remodels; or prior to building permit issuance, for projects for which a certificate of occupancy is not issued; or as otherwise provided by written agreement between the developer and City, to the approval of the Director. For mixed-use developments, these regulations shall apply to whichever occupancy release is first issued. 17.138.070 – Affordable Housing Fund Established The City hereby establishes an Affordable Housing Fund. The fund shall be administered by the Finance 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 Council. In-lieu fees collected shall be deposited into the Affordable Housing Fund, to the satisfaction of the Director of Finance. 17.138.080 – Real Property Dedication A. Irrevocable Offer to Dedicate Real Property. At the discretion of the Council, an irrevocable offer to dedicate real property equal or greater in value to the in-lieu fee which would otherwise be required may be offered to the City, or to an affordable housing provider designated by the City, 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 Council must find that the dedication of real property will provide equal or greater public benefit than constructing affordable units or paying in-lieu fees, based on the following criteria 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 Plan conformity, size, shape, topography, and location; and 3. Feasibility of developing affordable housing, including General Plan consistency, and availability of infrastructure. B. Real Property Valuation. The valuation of real property offered in lieu shall be determined by the Director, based upon an appraisal made by a qualified appraiser mutually agreed to by the developer and the City. Costs associated with the appraisal, title insurance and transfer, recordation, and related costs shall be borne by the developer. Ordinance No. 1650 (2018 Series) EXHIBIT B CITY OF SAN LUIS OBISPO Title 17 – ZONING REGULATIONS 8-7 September 2018 C. Agreement and Timing. The real property dedication shall be by deed or other instrument acceptable to the City and shall be completed by recordation through of the Office of County 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 certificate of occupancy is not issued; or as otherwise provided by written agreement between the developer and the City. 17.138.090 – 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 Chapter 17.140 (Affordable Housing Incentives), as part of a City planning application. Incentives or other forms of financial assistance may be offered by the City to the extent that resources are available for this purpose and to the degree that such incentives or assistance will help achieve the City’s housing goals. B. Affordable Housing Agreement. Any incentives provided by the City, beyond those incentives to which a developer may be automatically entitled to under Chapter 17.140 (Affordable Housing Incentives) shall require Council 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 Attorney and the Director. Developers are further encouraged to utilize other local, State or Federal assistance, when available, to meet the affordable housing standards. 17.138.100 – 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 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 value dwelling units; 4. Description of incentives requested, including exceptions from development standards, density bonuses, fee waivers or other incentives; and 5. Other information which the Director determines necessary to adequately evaluate the proposal, including but not limited to the method proposed to award occupancy of the affordable units. 17.138.110 – Required Agreements A. Submittal of an Affordable Housing Agreement. Applicants and developers for development projects subject to this Chapter shall, as a condition of development approval, submit an affordable housing agreement on forms provided by the City. The draft agreement shall be reviewed by the Director and City Attorney for compliance with project approvals, City policies and standards, and applicable codes. Following approval and signing of the agreement by the parties, the final agreement shall be recorded, and relevant terms and conditions shall be recorded as a deed restriction on those lots or affordable units subject to affordability requirements. The affordable housing agreement shall be binding to all future owners and successors in interest. Ordinance No. 1650 (2018 Series) EXHIBIT B Article 8: Housing-Related Regulations 8-8 September 2018 B. Exemption for In-Lieu Fees Payment. An affordable housing agreement shall not be required for projects which meet their inclusionary housing requirement through the payment of in-lieu fees. 17.138.120 – 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. 17.138.130 – Eligibility Screening The Housing Authority or other housing provider designated by the City shall screen prospective renters or buyers of affordable units. Renters or buyers of affordable units shall enter into an agreement with the City. 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. 17.138.140 – Affordability Restrictions Developers of affordable units for sale shall specify the type of affordability restriction to be applied. The developer shall choose to either: (1) participate in a shared equity purchase program, as described in Section 17.138.150, or (2) enter into an affordable housing agreement to ensure that affordability is maintained for the longest period allowed or required by State law, but not less than 30 years. Affordable rental units shall be affordable for the longest period allowed or required by State law, but not less than 30 years. 17.138.150 – Shared Equity Purchase Program A. Under this program, the qualified buyer of a designated affordable dwelling unit shall enter into a shared equity agreement with the City. Said agreement shall be recorded as a lien against the purchased property, at no interest, securing and stating the City’s equity share in the property. The City’s equity share shall be calculated by the Director, and shall be the decimal percentage of the property’s value resulting from: 1. The difference between the property’s market value and the actual price paid by the homeowner, divided by the market value; and/or, when applicable, 2. The amount of subsidy provided by the City to the homeowner to purchase the property, divided by the property’s market value. B. Upon sale, the City’s equity share shall be repaid to the City from the proceeds of the sale, less the City’s percentage share of title insurance, escrow fees, and documentary transfer taxes, at the close of escrow. 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 In the event of “early resale,” owners of properties subject to the shared equity purchase program shall either: (1) pay an equity recapture fee to the City as described in the schedule below, in addition to the City’s equity share, or (2) sell the property to another eligible household. “Early resale” shall mean the sale, lease, or transfer of property within six years of the initial close of escrow. If the owner chooses to pay the equity recapture fee, the recapture fee shall be paid to the City upon resale at close of escrow, based on the following schedule: Ordinance No. 1650 (2018 Series) EXHIBIT B CITY OF SAN LUIS OBISPO Title 17 – ZONING REGULATIONS 8-9 September 2018 Table 8-1: Percent of Equity Build-up Recaptured Year % of Equity Build-up Recaptured 0 – 3 100% 4 75% 5 50% 6 25% 7 and after 0% The recapture amount shall be determined prior to the calculation of escrow closing costs. 17.138.170 – Management and Monitoring Inclusionary rental units shall be managed and operated by the property owner, or the owner’s agent, for the term of the affordable housing agreement. Sufficient documentation shall be submitted to ensure compliance with this Chapter, to the satisfaction of the Director. 17.138.180 – Enforcement and Appeals A. Enforcement. No final subdivision map shall be approved, nor building permit issued, nor shall any other development entitlement be granted for a development project which does not meet these requirements. No inclusionary unit shall be rented or sold except in accordance with these requirements and the affordable housing standards. B. Appeals. The Director shall administer and interpret these requirements, subject to applicable codes and City procedures. Decisions of the Director are appealable, subject to the Zoning Regulations Chapter 17.126 (Appeals). 17.138.190 – Severability If any provision of this Chapter or the application thereof to any person or circumstances is held invalid, the remainder of the Chapter and the application of the provision to other persons or situations shall not be affected thereby. Ordinance No. 1650 (2018 Series) EXHIBIT B Article 8: Housing-Related Regulations 8-10 September 2018 Chapter 17.140: Affordable Housing Incentives Sections: 17.140.010 – Purpose 17.140.020 – Definitions 17.140.030 – Application Process 17.140.040 – Standard Incentives for Housing Projects 17.140.050 – Standard Incentives for Mixed Use Projects 17.140.060 – Standard Incentives for Conversion of Apartments to Condominium Projects 17.140.070 – Alternative or Additional Incentives 17.140.080 – Agreements for Affordable Housing 17.140.090 – Fees 17.140.100 – Affordability Standards 17.140.110 – Occupant Qualifications 17.140.010 – Purpose The purpose and intent of this Chapter 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 City, and which conform to City development policies and standards, by providing density bonuses, or other equivalent incentives, as required by Government Code Section 65915 et seq. This Chapter is a summary of Government Code Sections 65915 through 65918. Where there is a conflict between the State Density Bonus Law and the Zoning Regulations, the State Density Bonus Law shall prevail. 17.140.020 – Definitions For the purposes of this Chapter, 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 shall apply. A. “Affordable” shall mean residential rent costs or sales prices which conform to the standards issued by the Director and updated periodically to reflect State and/or Federal housing cost indices. 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. “Density” means residential density as defined in Section 17.70.040 (Density). D. “Density bonus” means a density increase over the maximum density otherwise allowable under the Zoning Regulations and Land Use Element of the General Plan. E. “Housing development” means a development project for five or more residential units; also includes a subdivision or common interest development. F. “Maximum allowable residential density” means the maximum density allowed under the Zoning Regulations and Land Use Element of the General Plan. G. “Senior citizen housing development” means a residential development developed, substantially rehabilitated, or substantially renovated for senior citizens (55 years or older) that has at least 35 dwelling units. Ordinance No. 1650 (2018 Series) EXHIBIT B CITY OF SAN LUIS OBISPO Title 17 – ZONING REGULATIONS 8-11 September 2018 17.140.030 – Application Process A. The developer may submit a preliminary proposal for the development of affordable housing prior to the submittal of any formal requests for General Plan amendments, zoning amendments, or subdivision map approvals. 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 Director: 1. The name of the developer; 2. The location of the proposed project; 3. The density allowed under the Zoning Regulations, as well as the proposed density; 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. 17.140.040 – Standard Incentives for Housing Projects A. This Section shall apply only to housing projects consisting of five or more dwelling units. Per State law, projects that provide affordable housing are allowed up to a 35 percent density bonus based on the tables outlined below for the respective affordability levels. In addition, the Director may approve a density bonus in excess of 35 percent at the request of the developer, as well as other concessions and incentives outlined in Section 17.140.070. B. All density calculations resulting in fractional units shall be rounded up to the next whole number. C. For the purpose of this Section, “total units” or “total dwelling units” does not include units added by a density bonus awarded pursuant to this Section or any local law granting a greater density bonus. D. Ten Percent Low Income Dedication. When a developer agrees to construct at least 10 percent of the total units of a housing development for persons or families of lower income, the Director shall grant the developer, upon the developer’s request, a density bonus; the density bonus shall be calculated as follows: Table 8-2: Density Bonus for Percentage of Low Income Dedicated Units Percentage Low Income Units Percentage Density Bonus 10 20 11 21.5 12 23 13 24.5 14 26 Ordinance No. 1650 (2018 Series) EXHIBIT B Article 8: Housing-Related Regulations 8-12 September 2018 Table 8-2: Density Bonus for Percentage of Low Income Dedicated Units Percentage Low Income Units Percentage Density Bonus 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 Director shall grant the developer, upon the developer’s request, a density bonus; the density bonus shall be calculated as follows: Table 8-3: 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 Director shall grant the developer, upon the developer’s request, a density bonus; the density bonus shall be 20 percent of the number of senior housing units. G. Ten Percent Common Interest Development for Moderate Income Dedication. If a developer agrees to construct at 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 Director shall grant the developer, upon the developer’s request, a density bonus; the density bonus shall be calculated as follows: Ordinance No. 1650 (2018 Series) EXHIBIT B CITY OF SAN LUIS OBISPO Title 17 – ZONING REGULATIONS 8-13 September 2018 Table 8-4: Density Bonus for Percentage of Moderate Income Dedicated Units 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 Ordinance No. 1650 (2018 Series) EXHIBIT B Article 8: Housing-Related Regulations 8-14 September 2018 H. Land Donation Dedication. If a developer for a tentative subdivision map, parcel map, or other residential development approval donates land to the City for affordable housing in accordance with this Chapter and the provisions set forth in Government Code Sections 65915 through 65918, the applicant shall be entitled to a 15 percent increase above the otherwise maximum allowable residential density for the entire development. The Director shall grant the applicant, upon the applicant’s request, a density bonus; the density bonus shall be calculated as follows: Table 8-5: 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 least 10 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. Ordinance No. 1650 (2018 Series) EXHIBIT B CITY OF SAN LUIS OBISPO Title 17 – ZONING REGULATIONS 8-15 September 2018 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 Section, inclusive of handicapped and guest parking, shall be as follows: a. Studio to one bedroom: one onsite parking space per unit. b. Two to three bedrooms: two onsite parking spaces per unit. c. Four or more bedrooms: two and one-half parking spaces per unit. 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. 3. For purposes of this Section, a development may provide onsite parking through tandem or uncovered parking, but not through on-street parking. 4. An applicant may request additional parking incentives or concessions beyond those provided in this Section. 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 Government Code Section 65915.7 (Commercial development incentives for affordable housing.) 17.140.060 – Standard Incentives for Conversion of Apartments to Condominium Projects A. For the purposes of this Section, “other incentives of equivalent financial value” shall not be construed to require the City to provide cash transfer payments or other monetary compensations but may include the reduction or waiver of requirements which the City might otherwise apply as conditions of conversion approval. B. For purposes of this Section, “density bonus” means an increase in units of 25 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 33 percent of the total units of the proposed condominium project to persons and families of low or moderate income, or 15 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 City pursuant to this Section, the Director shall grant a density bonus or provide other incentives of equivalent financial value as it finds appropriate. D. Nothing in this Section shall be construed to require the City to approve a proposal to convert apartments to condominiums. E. An applicant shall not be eligible for a density bonus under this Section if the apartments proposed for conversion constitute a housing development for which a density bonus or other incentives were provided under Sections 17.140.040, 17.140.050, or 17.140.070. Ordinance No. 1650 (2018 Series) EXHIBIT B Article 8: Housing-Related Regulations 8-16 September 2018 F. The City shall grant the developer’s request for development incentive(s) unless the Council makes written findings of fact that the additional incentive(s) are not required to achieve affordable housing objectives as defined in Section 50062.5 of the Health and Safety Code, or to ensure that sales prices for the targeted dwelling units will be set and maintained in conformance with City affordable housing standards. 17.140.070 – 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 17.140.040 (Standard Incentives for Housing Projects), 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 10 percent of the total units for lower income households, at least five percent for very-low income households, at least 10 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 20 percent of the total units for lower income households, at least 10 percent for very-low income households, at least 20 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 30 percent of the total units for lower income households, at least 15 for very-low income households, at least 30 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 17.140.030 (Application Process), as well as a description of the requested incentive. Alternative incentive proposals shall be considered by the Planning 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 Title 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 and actual cost reductions to provide for affordable housing costs; 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, 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 17.140.040; 4. Deferral of application and Development Review processing fees; 5. Deferral of park land in-lieu fees or park land dedication requirement; and Ordinance No. 1650 (2018 Series) EXHIBIT B CITY OF SAN LUIS OBISPO Title 17 – ZONING REGULATIONS 8-17 September 2018 6. Other regulatory incentives or concessions proposed by the developer or the City 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 as required by State law. C. Proposals for approval to convert apartments to a condominium project shall include those relevant items set forth in Section 17.140.030(B), 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 17.140.060, and the basis for the comparison estimate. Nothing in this Section shall be construed to require the City to provide cash transfer payments or other monetary compensation. The City may reduce or waive requirements which the City might otherwise apply as conditions of conversion approval. D. Nothing in this Section shall be construed to require the Council to approve any alternative incentive or concession. The Council shall approve the requisite number of incentives or concessions afforded by this Section. However, the details surrounding the incentives or concessions shall be at the discretion of the Council. E. The Council action on any alternative incentive proposal shall be by resolution. Any such resolution shall include findings relating to the information required in subsection B or C of this Section. 17.140.080 – 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 Chapter, the City and the project owner(s) shall enter into an agreement in a form acceptable to the City Attorney, to be recorded in the office of the County recorder. The agreement shall specify mechanisms or procedures to assure the continued affordability and availability of the specified number of dwelling units to very-low, lower, and moderate income households, and/or qualifying seniors, and/or qualifying transitional foster youth, disabled veterans, or homeless persons, The agreement shall also set forth those items required by this Section 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 the maximum period established by State law. 17.140.090 – 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 Sections 17.140.040, 17.140.050, or 17,140.060, except for reasonable, necessary administrative costs incurred by the City. 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 17.140.070. 17.140.100 – Affordability Standards A. The City shall publish and revise as needed a schedule of rental rates and sales prices for dwellings which will be affordable to households with incomes as provided in this Chapter. The schedule shall substantially conform with the affordability standards as established by State or Federal law. B. The maximum rental rates and sales prices as revised, generally on an annual basis, shall remain in effect for projects receiving density bonuses or additional incentives under this Chapter as provided in the affordable housing agreement, but in no case less than the minimum term required by State law. Ordinance No. 1650 (2018 Series) EXHIBIT B Article 8: Housing-Related Regulations 8-18 September 2018 17.140.110 – Occupant Qualifications A. The affordable dwellings developed pursuant to this Chapter shall be available to qualified occupants without regard to race, religion, national origin, sex, occupation or other affiliation. Occupants may be screened on the basis of age only to qualify those occupants seeking housing designed for the elderly. B. The City housing authority or other third party acceptable to the Community Development Director shall screen prospective occupants so that dwellings developed pursuant to this Chapter shall be occupied by households with the appropriate qualifying incomes, ages, or other qualifying status. Owners of projects shall enter into agreements with the Housing Authority for such screening services. C. Preference in occupant screening shall be given to those employed within the City or the immediately surrounding area, to the extent that this provision does not conflict with State or Federally funded housing assistance programs which may apply to a particular project or other applicable law. This Section is to ensure that those households having the greatest difficulty obtaining housing at market value within the City shall be able to occupy affordable housing made available pursuant to this Chapter. Ordinance No. 1650 (2018 Series) EXHIBIT B CITY OF SAN LUIS OBISPO Title 17 – ZONING REGULATIONS 8-19 September 2018 Chapter 17.142: Downtown Housing Conversion Regulations Sections: 17.142.010 – Purpose and Intent 17.142.020 – Definitions 17.142.030 – Land Uses Affected 17.142.040 – No Net Housing Loss 17.142.050 – Exceptions 17.142.060 – Public Hearing Required 17.142.070 – Conditions of Approval 17.142.010 – Purpose and Intent It is the desire and intent of the City to preserve housing in the Downtown Planning Area shown in Figure 8-1. It is also the intent of the City to preserve housing that is affordable to very-low, low, and moderate income households and to encourage mixed residential and commercial uses, where appropriate, to implement General Plan goals. The provisions of this Chapter are intended to achieve these goals by regulating the conversion of downtown housing to nonresidential uses. 17.142.020 – Definitions Where not defined below, terms shall be as defined in Article 9 (Definitions) of this Title 17. A. “Downtown Core.” As shown in Figure 8-1: Downtown Planning Area and Downtown Core. B. “Conversion.” A change in the primary use of at least 51 percent of the floor area of a legally permitted dwelling or building from residential to nonresidential use, or physical change in design of 51 percent of an individual dwelling’s or building’s floor area to accommodate nonresidential uses. 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 City final building inspections, within each of the above areas, shall be determined separately, and shall be based on the number of dwellings existing on March 30, 2004, as determined by the Director. D. “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. E. “Subarea.” The geographic are corresponding to either the Downtown Core, or the area outside the Downtown Core but within the Downtown Planning Area, as shown in Figure 8-1. Ordinance No. 1650 (2018 Series) EXHIBIT B Article 8: Housing-Related Regulations 8-20 September 2018 Figure 8-1: Downtown Planning Area and Downtown Core 17.142.030 – Land Uses Affected Provisions of this Chapter shall apply to properties that contain one or more dwelling units and to all group housing, including “boarding house,” “residential care facilities,” “caretaker quarters,” “lodging - hotels and motels,” “bed and breakfast inn,” and “fraternities and sororities” which have one or more individual rooms for rent, as defined in Article 9 (Definitions) and listed in Table 2-1:Uses Allowed by Zone of Article 2 (Zones, Allowable Uses, and Development Standards) 17.142.040 – No Net Housing Loss A. Development projects within the Downtown Planning Area shall not result in a net housing loss. If the Director determines that a development project would result in a net housing loss, the developer shall replace residential units to be removed, whether the units to be removed are occupied or not. Residential units shall be replaced on a one-for-one basis 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 this Title 17 and as approved consistent with the ministerial or discretionary requirements of this Title 17 for the units to be built. Replacement units shall be located within the same subarea as the units remove, but need not be located on the same site as previously existed. B. Development projects shall meet the following standards, subject to the approval of the Director: 1. Vacation of Unit. Each tenant shall have the right to remain no fewer than 60 days from the date of City approval of a development project application. The Director or Council may grant an extension to this right to remain for a period of time not to exceed an additional 30 days. Ordinance No. 1650 (2018 Series) EXHIBIT B CITY OF SAN LUIS OBISPO Title 17 – ZONING REGULATIONS 8-21 September 2018 2. No Increase in Rent. A tenant’s rent shall not be increased during the period provided in subsection 1 of this Section. 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’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 24-month period immediately prior to the application for the conversion permit, but in no case less than that required under the inclusionary housing affordable housing requirement in the General Plan Housing Element. 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 Director. Such assistance may include, but is not limited to, giving tenants the first right of refusal to purchase or rent affordable replacement units, reimbursement of moving costs, and/or providing rental assistance. 17.142.050 – Exceptions A. The Council may grant exceptions to the provisions of this Chapter, subject to the findings listed in paragraph B, below. In granting an exception, the Council may establish conditions to ensure the intent of General Plan policies is met, as described in Section 17.142.070 (Conditions of Approval). The application requirements and procedures for an exception shall be as required for a Conditional Use Permit, as provided in Chapter 17.110 (Minor Use Permits and Conditional Use Permits). B. To grant an exception, the City Council must make each of the following findings: 1. Approval of an exception is consistent with the General Plan and specifically, with Housing Element policies regarding no net housing loss, affordable housing, and mixed uses in the Downtown Planning Area. 2. Granting the exception will not adversely affect affordable housing opportunities for very low-, low-, or moderate-income persons, either individually or cumulatively. 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 Area outside the core. 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. 5. It is physically infeasible to rehabilitate or relocate the housing to be removed or converted. 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). 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. Ordinance No. 1650 (2018 Series) EXHIBIT B Article 8: Housing-Related Regulations 8-22 September 2018 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. Ordinance No. 1650 (2018 Series) EXHIBIT B CITY OF SAN LUIS OBISPO Title 17 – ZONING REGULATIONS 8-23 September 2018 Chapter 17.144: Residential Growth Management Regulations Sections: 17.144.010 – Purpose and Justification 17.144.020 – Allocations 17.144.030 – Periodic City Council Review and Consideration of Revisions 17.144.010 – Purpose and Justification A. The regulations codified in this Chapter are intended to assure that the rate of population growth will not exceed the City’s ability to accommodate new residents and to provide municipal services consistent with the maximum growth rates established in the General Plan. Also, these regulations are to assure that those projects which best meet the City’s objectives for affordable housing, infill development, open space protection, and provision of public facilities will be allowed to proceed with minimum delay. B. San Luis Obispo is a charter city, empowered to make and enforce all laws concerning municipal affairs, subject only to the limitations of the City charter and the constitution and laws of the State. Regulation of the rate of residential development is a reasonable extension of municipal authority to plan overall development in furtherance of the public health, safety, and general welfare. C. According to the General Plan Land Use Element, the City should achieve a maximum annual average population growth rate of one percent. The reserve of developable land within the City and the capacity of proposed annexations could sustain growth rates which would exceed the objectives of the General Plan. D. The growth rate policies of the General Plan reflect the City’s responsibility to accommodate a reasonable share of expected State and regional growth. E. To avoid further imbalance between the availability of jobs and of housing within the City, the General Plan also manages expansion of growth-inducing activities. The burdens of growth management are not being placed solely on the residential sector since it largely responds to demands caused by other sectors. 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. 17.144.020 – Allocations 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 Plan and with these regulations. B. The limitations on residential development established by these regulations apply to new residential construction within certain areas that have been annexed to the City or that will be annexed to the City. Development in such areas is subject to development plans or Specific Plans which shall contain provisions consistent with these regulations. C. Allocations shall be implemented by the timing of issuance of building permits. Ordinance No. 1650 (2018 Series) EXHIBIT B Article 8: Housing-Related Regulations 8-24 September 2018 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, new dwellings in the downtown core (C-D zone as shown on the 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 City to ensure long-term affordability, consistent with City affordable housing standards. In expansion areas, the overall number of units built must conform to the City- approved phasing plan. 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, Zoning Regulations Amendment, or other zoning action, Subdivision application, or Architectural Review. 17.144.030 – Periodic City Council Review and Consideration of Revisions The Community Development Department shall provide status updates to the Council concerning implementation of these regulations, coordinated with the annual report on the General Plan. The status update will describe actual construction levels and suggest if revisions are necessary to maintain the City’s one percent growth rate. Ordinance No. 1650 (2018 Series) EXHIBIT B CITY OF SAN LUIS OBISPO Title 17 – ZONING REGULATIONS 8-25 September 2018 Chapter 17.146. Residential Occupancy Standards Sections: 17.146.010 – Purpose and Applicability 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 permit is required by the zone provisions in Article 2 (Zones, Allowable Uses, and Development and Design Standards). C. Occupancy Limits. Use permits for boarding houses shall stipulate a maximum occupancy. The occupancy limits shall reflect habitable space within buildings and available parking and shall not exceed the following standards based on the General Plan: Table 8-6: Maximum Population Density for Each Zone Zone Maximum Population Density (persons per net acre) R-1 20 R-2, O, C-N, C-T 25 R-3 40 R-4, C-R, C-C, C-D 55 Ordinance No. 1650 (2018 Series) EXHIBIT B Article 8: Housing-Related Regulations 8-26 September 2018 Chapter 17.148. High-Occupancy Residential Use Regulations Sections: 17.148.010 – Purpose and Applicability 17.148.020 – Permit Requirements 17.148.030 – Performance Standards 17.148.010 – Purpose and Applicability. A. 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. A high-occupancy residential use is allowed in the R-1 and R-2 zones subject to the performance standards set forth in Section 17.148.030. B. Relationship to Zone Standards. Where this Chapter does not contain a particular type of standard or procedure, conventional zoning standards shall apply. C. Director’s Actions or Variances. Nothing in this Section prohibits applicants from requesting a Director’s Action or Variance from the strict interpretation of these Zoning Regulations to the extent allowed for any use. 17.148.020 – Permit Requirements In addition to any requirements of the Minor 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. Any other information deemed necessary by the Director. Ordinance No. 1650 (2018 Series) EXHIBIT B CITY OF SAN LUIS OBISPO Title 17 – ZONING REGULATIONS 8-27 September 2018 17.148.030 – Performance Standards A. A high-occupancy residential use shall operate in compliance with the following performance standards. 1. The parking requirement shall be the greater of: a. The number of spaces required for dwellings as described in Section 17.72.030 (Required Parking Spaces); or b. One off-street parking space per adult occupant, less one. 3. The parking of one vehicle within a required street 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 Director, parking may be provided in tandem. 6. There shall be a minimum of one bathroom provided for every three adult occupants. 7. The dwelling must meet all current building, health, safety, and fire codes and have been built pursuant to all required permits. Ordinance No. 1650 (2018 Series) EXHIBIT B CITY OF SAN LUIS OBISPO Title 17 – ZONING REGULATIONS 9-1 September 2018 ARTICLE 9: DEFINITIONS Chapter 17.154: Definitions, Purpose, and Organization Sections: 17.154.002 – Purpose and Applicability 17.154.004 – Organization 17.154.006 – Other Definition Sections 17.154.002 – Purpose and Applicability This 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 in the American Heritage Dictionary is presumed to be correct. 17.154.004 – Organization This Article is subdivided into the following Chapters. A. Chapter 17.156 (Land Use Definitions) applies to land uses and activities identified in Table 2-1: Uses Allowed By Zone of Section 17.10.020 (Use Regulations By Zone). B. Chapter 17.60 (AOZ Land Use Definitions) applies to land uses and activities identified in Table 2-24: Airport Overlay Zone – Maximum Allowed Persons of Section 17.64.040 (Development Standards and Uses). C. Chapter 17.158 (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 17.70.140 (Public Art Requirements for Private Development. B. Section 17.86.030 (Adult Business Uses). C. Chapter 17.138 (Inclusionary Housing Requirements). D. Chapter 17.140 (Affordable Housing Incentives). E. Chapter 17.142 (Downtown Housing Conversion Regulations). Ordinance No. 1650 (2018 Series) EXHIBIT B Article 9: Definitions 9-2 September 2018 Chapter 17.156: Land Use Definitions (Table 2-1: Uses Allowed by Zone) Sections: 17.156.002 – Purpose and Applicability 17.156.004 – A Definitions 17.156.006 – B Definitions 17.156.008 – C Definitions 17.156.010 – D Definitions 17.156.012 – E Definitions 17.156.014 – F Definitions 17.156.016 – G Definitions 17.156.018 – H Definitions 17.156.020 – I Definitions 17.156.022 – J Definitions 17.156.024 – K Definitions 17.156.026 – L Definitions 17.156.028 – M Definitions 17.156.030 – N Definitions 17.156.032 – O Definitions 17.156.034 – P Definitions 17.156.035 – Q Definitions 17.156.036 – R Definitions 17.156.038 – S Definitions 17.156.040 – T Definitions 17.156.042 – U Definitions 17.156.044 – V Definitions 17.156.046 – W Definitions 17.156.048 – X Definitions 17.156.050 – Y Definitions 17.156.052 – Z Definitions 17.156.002 – Purpose and Applicability This Chapter provides definitions of the Land Uses and Activities identified in Table 2-1: Uses Allowed by Zone of Section 17.10.020 (Use Regulations by Zone). 17.156.004 – 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. Ordinance No. 1650 (2018 Series) EXHIBIT B CITY OF SAN LUIS OBISPO Title 17 – ZONING REGULATIONS 9-3 September 2018 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 17.86.030 (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, which may include appurtenant areas for airport buildings, aircraft operations, and related facilities, aprons and taxiways, control towers, hangars, safety lights, navigation, and air traffic control facilities and structures. These may also include facilities for aircraft manufacturing, maintenance, repair, and reconditioning. Where approved, an airport may also include aircraft sales and dealerships, car rental establishments, gift shops, hotels and motels, personal services, restaurants and bars, tobacco and newsstands, and other similar commercial uses serving the air-traveling public and airport employees. Animal Care, Sales and Services. Animal Boarding/Kennels. The commercial provision of shelter and care for dogs, cats, other household animals, and horses (where allowed), including activities associated with such shelter and care (e.g., feeding, exercising, grooming, and incidental medical care) 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.” Ordinance No. 1650 (2018 Series) EXHIBIT B Article 9: Definitions 9-4 September 2018 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 onsite 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 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 onsite. 17.156.008 – C Definitions 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 Ordinance No. 1650 (2018 Series) EXHIBIT B CITY OF SAN LUIS OBISPO Title 17 – ZONING REGULATIONS 9-5 September 2018 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. 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 primary 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. Ordinance No. 1650 (2018 Series) EXHIBIT B Article 9: Definitions 9-6 September 2018 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 onsite and any food service is subordinate to the sale of alcoholic beverages. Does not include adult entertainment businesses. 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. Ordinance No. 1650 (2018 Series) EXHIBIT B CITY OF SAN LUIS OBISPO Title 17 – ZONING REGULATIONS 9-7 September 2018 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 products including but not limited to; fresh food and produce, prepackaged food, 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. 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 onsite 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 Ordinance No. 1650 (2018 Series) EXHIBIT B Article 9: Definitions 9-8 September 2018 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 onsite 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 onsite. 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. 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.” Ordinance No. 1650 (2018 Series) EXHIBIT B CITY OF SAN LUIS OBISPO Title 17 – ZONING REGULATIONS 9-9 September 2018 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 Laboratory – Medical, Analytical, Research, Testing. A facility for testing, analysis, and/or research. Examples of this use include medical labs, soils and materials testing labs, and forensic labs. This type of facility is distinguished from industrial research and development (see “Research and Development”) in its orientation more toward testing and analysis than product development or prototyping; an industrial research and development facility may typically include this type of lab. The “medical lab” subset of this land use type is oriented more toward specimen analysis and processing than direct blood drawing and specimen collection from patients (see “Hospitals” and “Clinics”), but may also include incidental specimen collection. Light Fleet-Based Services. Passenger transportation services, local delivery services, medical transport, and other businesses that rely on fleets of three or more vehicles with rated capacities less than 10,000 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 onsite (see “Business Services”). Does not include a dispatch office facility on a site separate from the location where the vehicles used by the business are parked or stored between calls (see “Office – Business and Professional”). Liquor Stores. See “Food and Beverage Sales – Liquor Stores.” Livestock Feed Lot. A type of animal feeding operation which is used in intensive animal farming for finishing livestock, notably beef cattle, but also swine, horses, sheep, turkeys, chickens or ducks, prior to slaughter. Lodging. An establishment providing overnight accommodations to transient patrons for payment for periods of 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 Ordinance No. 1650 (2018 Series) EXHIBIT B Article 9: Definitions 9-10 September 2018 accommodations may include temporary lodging, meals, laundry facilities, bathing, counseling, and other basic support services. Hostels. 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. 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 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 onsite 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 onsite. Includes accessory office uses associated with the onsite 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, Ordinance No. 1650 (2018 Series) EXHIBIT B CITY OF SAN LUIS OBISPO Title 17 – ZONING REGULATIONS 9-11 September 2018 post-production facilities (editing and sound recording studios, foley stages, etc.), optical and special effects units, film processing laboratories, etc. Medical Office. “See Office – Medical and Dental Offices.” 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 may be live/work as defined in Section 17.158.028 and is typically located above or behind the commercial. (See also Section 17.70.130: 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, 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 onsite 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 onsite real estate office for a development project, or a temporary business office in advance of permanent facility construction. Ordinance No. 1650 (2018 Series) EXHIBIT B Article 9: Definitions 9-12 September 2018 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. 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 firefighting facilities, police and sheriff substations and headquarters, including interim incarceration facilities. 17.156.035 – Q Definitions Reserved. Ordinance No. 1650 (2018 Series) EXHIBIT B CITY OF SAN LUIS OBISPO Title 17 – ZONING REGULATIONS 9-13 September 2018 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 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 onsite. 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 primary use. Ordinance No. 1650 (2018 Series) EXHIBIT B Article 9: Definitions 9-14 September 2018 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 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.” Ordinance No. 1650 (2018 Series) EXHIBIT B CITY OF SAN LUIS OBISPO Title 17 – ZONING REGULATIONS 9-15 September 2018 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 17.144 (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 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 onsite 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 onsite 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. Includes rail and bus terminals, but does not include terminals serving airports or heliports Transitional Housing. See “Supportive and/or Transitional Housing.” Ordinance No. 1650 (2018 Series) EXHIBIT B Article 9: Definitions 9-16 September 2018 17.156.042 – U Definitions Use. See 17.158.046 (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; water or wastewater treatment plants; and similar facilities of public agencies or public utilities, including corporation and maintenance yards. Facilities with onsite staff. Utilities facilities that include office and/or working space for employees, and/or that require employees to be located onsite for general operation of the facility. Facilities with no onsite staff (unmanned). Utilities facilities that do not include office and/or working space for employees, and where onsite 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 mobile home, recreational vehicle, or watercraft sales (see ““Large Vehicle and Heavy Equipment Sales, Services, and Rental””); tire recapping establishments (see “Vehicle Services”); businesses dealing exclusively in used parts, (see “Salvage and Wrecking”); or “Service/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, and accessories; and/or ancillary retail and grocery sales. Does not include body and fender work or "heavy" repair of trucks or other motor vehicles (see “Vehicle Services - Major”). Vehicle Services. The service and repair of motor vehicles in an enclosed building, including the repair or replacement of engines and transmissions, body and fender repair, and the installation of nonfactory-installed products. Ordinance No. 1650 (2018 Series) EXHIBIT B CITY OF SAN LUIS OBISPO Title 17 – ZONING REGULATIONS 9-17 September 2018 Major (Major Repair/Body Work). Major repair of automobiles, motorcycles, recreational vehicles, or trucks including light-duty trucks (i.e., gross vehicle weights of less than 10,000 pounds) and heavy-duty trucks (i.e., gross vehicle weights of more than 10,000 pounds). Examples of uses include full-service motor vehicle repair garages; body and fender shops; brake shops; machine shops, painting shops; towing services, and transmission shops. Does not include vehicle dismantling or salvage (see “Salvage and Wrecking”) and tire retreading or recapping. Minor (Minor Repair/Maintenance). Minor repair of automobiles, motorcycles, recreational vehicles, or light trucks, vans or similar size vehicles (i.e., vehicles that have gross vehicle weights less than 10,000 pounds) including installation of electronic equipment (e.g., alarms, audio equipment, etc.); servicing of cooling and air conditioning, electrical, fuel and exhaust systems; brake adjustments, relining and repairs; oil and air filter replacement; wheel alignment and balancing; tire sales, service, and installation shops; shock absorber replacement; chassis lubrication; smog checks; engine tune-ups; and installation of window film, and similar accessory equipment. Washing. Washing, waxing, detailing, or cleaning of automobiles or similar light vehicles, including self-serve washing facilities. Vending Machine. An automated mechanical device which ejects 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 onsite or direct public access except for public storage in small individual spaces exclusively and directly accessible to specific tenants. Outdoor Storage. Storage of vehicles or commercial goods or materials in open lots, outside of a structure other than fencing, either as an accessory or primary 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 in 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 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 Ordinance No. 1650 (2018 Series) EXHIBIT B Article 9: Definitions 9-18 September 2018 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. 17.156.050 – Y Definitions Reserved. 17.156.052 – Z Definitions Reserved. Ordinance No. 1650 (2018 Series) EXHIBIT B CITY OF SAN LUIS OBISPO Title 17 – ZONING REGULATIONS 9-19 September 2018 Chapter 17.158. General Definitions Sections: 17.158.002 – Purpose and Applicability 17.158.004 – Abbreviations 17.158.006 – A Definitions 17.158.008 – B Definitions 17.158.010 – C Definitions 17.158.012 – D Definitions 17.158.014 – E Definitions 17.158.016 – F Definitions 17.158.018 – G Definitions 17.158.020 – H Definitions 17.158.022 – I Definitions 17.158.024 – J Definitions 17.158.026 – K Definitions 17.158.028 – L Definitions 17.158.030 – M Definitions 17.158.032 – N Definitions 17.158.034 – O Definitions 17.158.036 – P Definitions 17.158.038 – Q Definitions 17.158.040 – R Definitions 17.158.042 – S Definitions 17.158.044 – T Definitions 17.158.046 – U Definitions 17.158.048 – V Definitions 17.158.050 – W Definitions 17.158.052 – X Definitions 17.158.054 – Y Definitions 17.158.056 – Z Definitions 17.158.002 – Purpose and Applicability Chapter 17.X158 (General Definitions) applies to general (non-land use) terms used in Title 17 except as specifically excluded per Section 17.154.006 (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. Ordinance No. 1650 (2018 Series) EXHIBIT B Article 9: Definitions 9-20 September 2018 17.158.006 – A Definitions Abutting, Adjoining, or Adjacent. Having a common property or zone 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. See also Section 17.106.020.B (Enlargements and Modifications). 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. Allowed Use. Any use or structure that is allowed in a zone without a requirement for approval of a Use Permit, but subject to any restrictions applicable to that zone. 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. Ordinance No. 1650 (2018 Series) EXHIBIT B CITY OF SAN LUIS OBISPO Title 17 – ZONING REGULATIONS 9-21 September 2018 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. Any space in a dwelling unit which contains a minimum of 70 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 that 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 17.158.012) Bathroom Mezzanine (see definition for requirements, Section 17.158.030) Kitchen/breakfast nook Laundry room Living room, family room, dining room The Director 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 Conditional Use Permit review. Spaces (i.e., not bedrooms) established prior to August 14, 2014 using the previous bedroom definition (greater than or equal to 50 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. 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. Building. Any structure used or intended for sheltering or supporting any use or occupancy. 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 primary 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. The horizontal area, as seen in plan view, of a building or structure, measured at the surface level from the outside of exterior walls and supporting columns, excluding eaves. Ordinance No. 1650 (2018 Series) EXHIBIT B Article 9: Definitions 9-22 September 2018 Building Official. City of San Luis Obispo Chief Building Official, or someone designated by him or her to act on his or her behalf. 17.158.010 – C Definitions 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 and maintained for the parking or storage of one or more motor vehicles. 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. 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. 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. See Section 17.70.120 (Lot Coverage) for exceptions to lot coverage calculations. Creek. A waterway or portion of waterway designated in the General Plan as a creek. A drainage ditch, concrete swale, underground culvert, or storm drain (as indicated on the General 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 County data. 17.158.012 – D Definitions Deck. A platform, either freestanding or attached to a building, that is supported by pillars or posts. See also “Balcony”. Demolition. The act of reconstructing, removing, taking down or destroying all or portions of an existing building or structure, or making extensive repairs or modifications to an existing building or structure, if such changes involve removal or replacement of 50 percent or more of both the structural framing and cladding or of the exterior walls within a 24-month period. When determining whether a building or structure is demolished, the following applies: 1. The nonconforming portions of any wall is counted as removed or taken down, even when retention of these portions is proposed. Ordinance No. 1650 (2018 Series) EXHIBIT B CITY OF SAN LUIS OBISPO Title 17 – ZONING REGULATIONS 9-23 September 2018 2. Any continuous run of remaining exterior wall surfaces measuring 10 feet or less in length are counted as removed or replaced. Den (or “family room”). 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. 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 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. 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”). An area of 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. A person who has a medical, physical, or mental condition that limits a major life activity, as those terms are defined in State 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. Driveway. An accessway that provides vehicular access between a street and the parking or loading facilities located on an adjacent property. Dwelling. 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. 17.158.014 – E Definitions 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. Ordinance No. 1650 (2018 Series) EXHIBIT B Article 9: Definitions 9-24 September 2018 Electric Vehicle Charging Equipment. Any level of electric vehicle supply equipment station that is designed and built in compliance with Article 625 of the California Electrical Code and delivers electricity from a source outside an electric vehicle into a plug-in electric vehicle. Also referred to as charging station or charging equipment. Electronic Game. 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. Any premises having thereon available four or more electronic games, when the games are a primary good or service offered by the establishment. Existing Topography. The natural unaltered topography or the topography resulting from grading activity legally permitted in conjunction with subdivision improvements, right-of-way improvements, or previous onsite building improvements. 17.158.016 – 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. 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. Festival (or “Carnival” 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 City are excluded. Floodplain Management Regulations. The following terms shall apply for the purpose of Chapter 17.78 (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”). Ordinance No. 1650 (2018 Series) EXHIBIT B CITY OF SAN LUIS OBISPO Title 17 – ZONING REGULATIONS 9-25 September 2018 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. 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. Ordinance No. 1650 (2018 Series) EXHIBIT B Article 9: Definitions 9-26 September 2018 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. 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. Ordinance No. 1650 (2018 Series) EXHIBIT B CITY OF SAN LUIS OBISPO Title 17 – ZONING REGULATIONS 9-27 September 2018 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, 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. Ordinance No. 1650 (2018 Series) EXHIBIT B Article 9: Definitions 9-28 September 2018 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: 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 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 17.78: Flood Damage Prevention. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in Chapter 17.78: 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. 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 17.70.060 (FAR Measurement and Exceptions). 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. 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 Ordinance No. 1650 (2018 Series) EXHIBIT B CITY OF SAN LUIS OBISPO Title 17 – ZONING REGULATIONS 9-29 September 2018 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 17.70.080 (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. 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 17.158.050: K Definitions). 17.158.020 – H Definitions 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. Hedge. A barrier or boundary formed by a dense row of shrubs or low trees. See also “Fence”. 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. Ordinance No. 1650 (2018 Series) EXHIBIT B Article 9: Definitions 9-30 September 2018 17.158.022 – I Definitions 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. A surface that is incapable of being penetrated by water, including buildings and paved surfaces such as parking, sidewalks, and roads. 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 Definitions Reserved. 17.158.026 – K Definitions Kitchen. 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. 17.158.028 – L Definitions 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 integrated housing unit and working space, occupied and utilized by a single household in a structure, either single-unit or multi-unit, and may include only commercial activities and pursuits that are compatible with the character of a quiet residential environment. 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. 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 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. Ordinance No. 1650 (2018 Series) EXHIBIT B CITY OF SAN LUIS OBISPO Title 17 – ZONING REGULATIONS 9-31 September 2018 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 9-1: Flag Lot. Figure 9-1: Flag Lot 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. Figure 9-2: Lot Types Ordinance No. 1650 (2018 Series) EXHIBIT B Article 9: Definitions 9-32 September 2018 Lot Area. The horizontal land area within a lot expressed in square feet, acres, or other area measurement. Lot Area, Net. See Section 17.70.110 (Lot Area). Lot Coverage. See “Coverage.” 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 9-3: 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 9-3: 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. Ordinance No. 1650 (2018 Series) EXHIBIT B CITY OF SAN LUIS OBISPO Title 17 – ZONING REGULATIONS 9-33 September 2018 Figure 9-3: Irregular Lots 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 mezzanine from the floor below by a wall or any other partitions. Spaces designated as lofts or mezzanines that do not fully conform to this definition shall be deemed a “bedroom.” (See also Section 17.158.008.) Minor Addition. See “Addition”. Municipal Code. The City of San Luis Obispo Municipal Code. Ordinance No. 1650 (2018 Series) EXHIBIT B Article 9: Definitions 9-34 September 2018 17.158.032 – N Definitions 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 17.96 (Nonconforming Lots). Nonconforming Parking. See Section 17.72.060 (Nonconforming Parking). Nonconforming Structure. See Chapter 17.92 (Nonconforming Structures). Nonconforming Use. See Chapter 17.94 (Nonconforming Uses). 17.158.034 – O Definitions Onsite. 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. 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. Overlay Zone. A zone applied in combination with other zones to impose additional restrictions or to allow greater variety than is possible with the underlying zone. 17.158.036 – P Definitions Parcel. See "Lot". Parking Area. An area of a lot, structure, or any other area, including driveways, which is designed for and the primary purpose of which is to provide for the temporary storage of operable motor vehicles. 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. Ordinance No. 1650 (2018 Series) EXHIBIT B CITY OF SAN LUIS OBISPO Title 17 – ZONING REGULATIONS 9-35 September 2018 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 17.70.140 (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 Definitions Reserved. 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. Providing disabled persons flexibility in the application of land use and Zoning 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 City or (2) require a fundamental alteration in the nature of the City’s Zoning Regulations. Recreational Vehicle. Any trailer, camper, motor home or other vehicle designed and intended for traveling and recreational purposes. 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. Ordinance No. 1650 (2018 Series) EXHIBIT B Article 9: Definitions 9-36 September 2018 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. 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. Roof Deck. See “Deck.” See also Section 17.70.150 (Rooftop Uses). 17.158.042 – S Definitions Screening. 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. 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 Section 17.70.170 (Setback s). 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”. Ordinance No. 1650 (2018 Series) EXHIBIT B CITY OF SAN LUIS OBISPO Title 17 – ZONING REGULATIONS 9-37 September 2018 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 9-5: Street Side Setback. Figure 9-5: Street Side Setback 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. A development consisting of at least five separate establishments with a minimum area of 50,000 square feet, a site with a minimum of 300 feet of frontage and shared common drives and off-street parking. 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%). 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. A plan for a designated area within the City, based on the General Plan, but containing more detailed regulations and programs as provided in Government Code Section 65450 et seq. State. The State of California. Ordinance No. 1650 (2018 Series) EXHIBIT B Article 9: Definitions 9-38 September 2018 Storage – Accessory. The storage of materials accessory and incidental to a primary use and is not considered a land use separate from the primary 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. A public or private right-of-way providing vehicular access to abutting property. Structure. 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 use of an accessory structure is incidental and subordinate to the use of the principal structure, or to the primary 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 primary use of a site or functioning as the primary 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. A dwelling unit characterized by an open floor 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 not 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. Through Lot. See “Lot, Through”. Trellis. See “Arbor”. Ordinance No. 1650 (2018 Series) EXHIBIT B CITY OF SAN LUIS OBISPO Title 17 – ZONING REGULATIONS 9-39 September 2018 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. 17.158.046 – U Definitions Use. The purpose for which land or the premises of a building, structure, or facility thereon is designed, arranged, or intended, or for which it is or may be occupied or maintained. Use, Accessory. A use that is customarily associated with, and is incidental and subordinate to, the primary use and located on the same parcel as the primary use. Accessory Use includes active or passive solar heating systems and cogeneration facilities. Use, Primary. A primary, principal, or dominant use established, or proposed to be established, on a parcel. 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-unit 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. Ordinance No. 1650 (2018 Series) EXHIBIT B Article 9: Definitions 9-40 September 2018 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. 17.158.054 – Y Definitions Yard. A n 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 zones. 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. 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). 17.158.056 – Z Definitions Zone (or “district” or “zone district”). An area of the City delineated on the official zoning map, designated by name or abbreviation as provided in the regulations codified in this Title. Chapter 17.160: Airport Overlay Zone Land Use Definitions (Table 2-24) Airport. See Section 17.156.004 – A Definitions: “Airport.” Ambulance, taxi, and/or limousine dispatch facility. See Section 17.156.026 – L Definitions: “Light Fleet-Based Services.” Antennas and telecommunications facilities. See Section 17.156.046 – W Definitions: “Wireless Telecommunication Facilities.” ATMs. See Section 17.156.006 – B Definitions: “Banks and Financial Institutions” – “Automated Teller Machines (ATMs).” Auto and vehicle sales and rental. See Section 17.156.044 – V Definitions: “Vehicle Sales and Services” – “Auto and Vehicle Sales and Rental.” Auto parts sales, with installation. See Section 17.156.044 – V Definitions: “Vehicle Sales and Services” – “Vehicle Services.” Ordinance No. 1650 (2018 Series) EXHIBIT B CITY OF SAN LUIS OBISPO Title 17 – ZONING REGULATIONS 9-41 September 2018 Auto parts sales, without installation. See Section 17.156.044 – V Definitions: “Vehicle Sales and Services” – “Vehicle Services.” Bakery. Retail. See Section 17.156.036 – R Definitions: “Retail Sales” – “General Retail.” Wholesale. See Section 17.156.028 – M Definitions: “Manufacturing – Light.” Banks and financial services. See Section 17.156.006 – B Definitions: “Banks and Financial Institutions.” Bar/Tavern. See Section 17.156.012 – E Definitions: “Eating and Drinking Establishments” – “Bars, Live Entertainment, and Taverns.” Bed and breakfast Inn. See Section 17.156.026 – L Definitions: “Lodging” – “Bed and Breakfast Establishment.” Boarding/rooming house, dormitory. See Section 17.156.006 – B Definitions – “Boarding House.” Building and landscape materials sales. Indoor. See Section 17.156.036 – R Definitions: “Retail Sales” – “Building Materials and Services.” Outdoor. See Section 17.156.036 – R Definitions: “Retail Sales” – “Building Materials and Services.” Business support services. See Section 17.156.006 – B Definitions: “Business Services.” Caretaker quarters. See Section 17.156.008 – C Definitions: “Caretaker Quarters.” Catering service. See Section 17.156.014 – F Definitions: “Food Preparation.” Cemetery, mausoleum, columbarium. See Section 17.156.008 – C Definitions: “Cemetery.” Club, lodge, private meeting hall. See Section 17.156.034 – P Definitions: “Public Assembly Facilities.” Commercial recreation facility. Indoor. See Section 17.156.008 – C Definitions: “Commercial Recreation” – “Commercial Recreation, Small- Scale.” Outdoor. See Section 17.156.008 – C Definitions: “Commercial Recreation” – “Commercial Recreation, Large- Scale.” Community Garden. See Section 17.156.008 – C Definitions: “Community Garden.” Construction and heavy equipment sales and rental. See Section 17.156.044 – V Definitions: “Vehicle Sales and Services” – “Large Vehicle, Construction, and Heavy Equipment Sales, Services, and Rental.” Convalescent hospital. See Section 17.156.012 – E Definitions: “Elderly and Long-Term Care.” Convenience store. See Section 17.156.014 – F Definitions: “Food and Beverage Sales” – “Convenience Store.” Convents and monasteries. See Section 17.156.006 – B Definitions: “Boarding House.” Copying and Quick Printer Service. See Section 17.156.006 – B Definitions: “Business Services.” Crop Production. See Section 17.156.008 – C Definitions: “Crop Production.” Day care. Ordinance No. 1650 (2018 Series) EXHIBIT B Article 9: Definitions 9-42 September 2018 Day care center (child/adult). See Section 17.156.010 – D Definitions: “Day Care Centers.” Family day care home (small/large). See Section 17.156.014 – F Definitions: “Family Day Care.” Educational conferences. See Section 17.156.012 – E Definitions: “Educational Conferences Housing.” Equipment rental. See Section 17.156.006 – B Definitions: “Business Services.” Extended hour retail. See Section 17.156.036 – R Definitions: “Retail Sales” – “Extended Hour Retail.” Farm supply and feed store. See Section 17.156.036 – R Definitions: “Retail Sales” – “Nurseries and Garden Centers.” Fitness/health facility. See Section 17.156.008 – C Definitions: “Commercial Recreation” – “Commercial Recreation, Small-Scale.” Food bank/packaged food distribution center. See Section 17.156.046 – W Definitions: “Warehousing, Storage, and Distribution.” Fraternity, sorority. See Section 17.156.014 – F Definitions: “Fraternities and Sororities.” Fuel dealer (propane, etc). See Section 17.156. – F Definitions: “Fuel Dealer.” Furniture and fixtures manufacturing, cabinet shop. See Section 17.156.036 – R Definitions: “Building Materials and Services.” Furniture, furnishings, and appliance stores. See Section 17.156.036 – R Definitions: “Retail Sales” – “Building Materials and Services.” Grazing. See Section 17.156.004 – A Definitions: “Animal Husbandry and Grazing.” General retail. 2,000 sf or less. See Section 17.156.036 – R Definitions: “Retail Sales” – “General Retail.” More than 2,000 sf, up to 15,000 sf. See Section 17.156.036 – R Definitions: “Retail Sales” – “General Retail.” More than 15,000 sf, up to 45,000 sf. See Section 17.156.036 – R Definitions: ‘Retail Sales” – “General Retail.” More than 45,000 sf, up to 60,000 sf. See Section 17.156.036 – R Definitions: “Retail Sales” – “General Retail.” More than 60,000 sf, up to 140,000 sf. See Section 17.156.036 – R Definitions: “Retail Sales” – “Large-Scale Retail.” Golf Course. See Section 17.156.008 – C Definitions: “Commercial Recreation” – “Commercial Recreation, Large- Scale.” Greenhouse/Plant Nursery, Commercial. See Section 17.156.016 – “Greenhouse/Plant Nursery: Commercial.” Groceries, specialty foods. See Section 17.156.014 – F Definitions: “Food and Beverage Sales” – “General Market.” Heliport. See Section 17.156.018 – H Definitions: “Helipad/Heliport.” High occupancy residential use. See Section 17.156.018 – H Definitions: “High occupancy residential use.” Home occupation. See Section 17.156.018 – H Definitions: “Home Occupation.” Ordinance No. 1650 (2018 Series) EXHIBIT B CITY OF SAN LUIS OBISPO Title 17 – ZONING REGULATIONS 9-43 September 2018 Homeless Shelter. See Section 17.156.026 – L Definitions: “Lodging” – “Homeless Shelters.” Hostel. See Section 17.156.026 – L Definitions: “Lodging” – “Homeless Shelters.” Hotel, Motel. See Section 17.156.026 – L Definitions: “Lodging” – “Hotels and Motels.” Industrial research and development. See Section 17.156.036 – R Definitions: “Research and Development.” Laboratory – Medical, analytical, research, testing. See Section 17.156.026 – L Definitions: “Laboratory” – “Medical, Analytical, Research, Testing.” Laundry, dry cleaning plant. See Section 17.156.034 – P Definitions: “Personal Services.” Library. Branch facility. See Section 17.156.008 – C Definitions: “Cultural Institutions.” Museum. See Section 17.156.008 – C Definitions: “Cultural Institutions.” Liquor, Store/Alcohol Sales. See Section 17.156.014 – F Definitions: “Food and Beverage Sales” – “Liquor Store.” Live/work units. See Section 17.156.026 – M Definitions: “Mixed-Use Development.” Livestock feed lot. See Section 17.156.026 – L Definitions: “Livestock Feed Lot.” Maintenance service, client site services. See Section 17.156.028 – M Definitions: “Maintenance and Repair Services.” Manufacturing. Heavy. See Section 17.156.028 – M Definitions: “Manufacturing – Heavy.” Light. See Section 17.156.028 – M Definitions: “Manufacturing – Light.” Media Production. Backlots/outdoor facilities and soundstages. See Section 17.156.028 – M Definitions: “Media Production” – “Backlots and Soundstages.” Broadcast studio. See Section 17.156.028 – M Definitions: “Media Production – Broadcast Studios.” Medical service. Clinic, laboratory, urgent care. See Section 17.156.018 – H Definitions: “Hospitals and Clinics.” Doctor office. See Section 17.156.032 – O Definitions: “Offices” – “Medical and Dental Offices.” Extended care. See Section 17.156.012 – E Definitions: “Elderly and Long-Term Care.” Hospital. See Section 17.156.018 – H Definitions: “Hospitals and Clinics” – “Hospital.” Mixed-use project. See Section 17.156.026 – M Definitions: “Mixed-Use Development. Mobile home. Mobile home as temporary residence at building site. See Section 17.158.040 – R Definitions: “Recreational Vehicle.” Ordinance No. 1650 (2018 Series) EXHIBIT B Article 9: Definitions 9-44 September 2018 Mobile home park. See Section 17.156.028 – M Definitions: “Mobile Home Park.” Mobile home, RV, and boat sales. See Section 17.156.044 – V Definitions: “Large Vehicle, Construction, and Heavy Equipment Sales, Service, and Rental.” Mortuary, funeral home. See Section 17.156.014 – F Definitions: “Funeral Parlors and Internment Services.” Multi-family dwellings. See Section 17.156.028 – M Definitions: “Multi-Unit Dwellings.” Night club. See Section 17.156.012 – E Definitions: “Eating and Drinking Establishments” – “Bars, Live Entertainment, and Taverns.” Office. Accessory. See Section 17.156.032 – O Definitions: “Offices” – “Business and Professional Offices.” Business and service. See Section 17.156.032 – O Definitions: “Offices” – “Business and Professional Offices.” Government. See Section 17.156.032 – O Definitions: “Offices” – “Business and Professional Offices.” Processing. See Section 17.156.032 – O Definitions: “Offices” – “Business and Professional Offices.” Production and administrative. See Section 17.156.032 – O Definitions: “Offices” – “Business and Professional Offices.” Professional. See Section 17.156.032 – O Definitions: “Offices” – “Business and Professional Offices.” Temporary. See Section 17.156.032 – O Definitions: “Offices” – “Business and Professional Offices” – “Temporary Offices.” Office-supporting retail. 2,000 sf or less. See Section 17.156.036 – R Definitions: “Retail Sales” – “General Retail.” More than 2,000, up to 5,000 sf. See Section 17.156.036 – R Definitions: “Retail Sales” – “General Retail.” Outdoor BBQ/Grill, accessory to restaurant. See Section 17.156.012 – E Definitions: “Eating and Drinking Establishments” – “Restaurant.” Outdoor temporary and/or seasonal sales. See Section 17.156.032 – O Definitions: “Outdoor Temporary and/or Seasonal Sales.” Park, playground. See Section 17.156.034 – P Definitions: “Park and Recreation Facilities.” Parking facility. Multi-level. See Section 17.156.034 – P Definitions: “Parking Facility.” Temporary. See Section 17.156.034 – P Definitions: “Parking Facility – Temporary.” Personal services. See Section 17.156.034 – P Definitions: “Personal Services.” Personal services – Restricted. See Section 17.156.034 – P Definitions: “Personal Services.” Petroleum product storage and distribution. See Section 17.156.046 – W Definitions: “Warehousing, Storage, and Distribution.” Ordinance No. 1650 (2018 Series) EXHIBIT B CITY OF SAN LUIS OBISPO Title 17 – ZONING REGULATIONS 9-45 September 2018 Photo and film processing lab. See Section 17.156.034 – P Definitions: “Personal Services.” Photographer, photographic studio. See Section 17.156.036 – R Definitions: “Retail Sales” – “General Retail.” Printing and publishing. See Section 17.156.006 – B Definitions: “Business Services.” Produce stand. See Section 17.156.014 – F Definitions: “Food and Beverage Sales” – “Produce Stand.” Public assembly facility. See Section 17.156.034 – P Definitions: “Public Assembly Facilities.” Public safety facilities. See Section 17.156.034 – P Definitions: “Public Safety Facility.” Public utility facilities. See Section 17.156.042 – U Definitions: “Utilities Facilities.” Railroad facilities. See Section 17.156.040 – T Definitions: “Transit Station or Terminal.” Recreational vehicle (RV) park accessory to hotel, motel. See Section 17.156.026 – L Definitions: “Lodging” – “Recreational Vehicle (RV) Park.” Recycling facilities. Collection and processing facility. See Section 17.156.036 – R Definitions: “Recycling – Processing Facility.” Recycling facilities – Scrap and dismantling yard. See Section 17.156.038 – S Definitions: “Salvage and Wrecking.” Recycling facilities – Small collection facility. See Section 17.156.036 – R Definitions: “Recycling” – “Collection Facility.” Religious facility . See Section 17.156.036 – R Definitions: “Religious Assembly Facilities.” Repair service – Equipment, large appliances, etc. See Section 17.156.028 – M Definitions: “Maintenance and Repair Services.” Residential care facilities. 6 or fewer residents. See Section 17.156.036 – R Definitions: “Residential Care Facilities.” 7 or more residents. See Section 17.156.036 – R Definitions: “Residential Care Facilities.” Residential hospice facility. See Section 17.156.018 – H Definitions: “Hospice In-Patient Facility.” Residential Support Services. See Section 17.156.034 – P Definitions: “Personal Services.” Rest home. See Section 17.156.036 – R Definitions: “Residential Care Facilities.” Restaurant. See Section 17.156.012 – E Definitions: “Eating and Drinking Establishments” – “Restaurant.” Restaurant with late hour alcohol service. See Section 17.156.012 – E Definitions: “Eating and Drinking Establishments” – “Restaurant with late-hour alcohol service.” School. Boarding school, elementary, middle, secondary. See Section 17.156.038 – S Definitions: “Schools” – “Primary and Secondary.” College, university campus. See Section 17.156.038 – S Definitions: “Schools” – “Colleges.” Ordinance No. 1650 (2018 Series) EXHIBIT B Article 9: Definitions 9-46 September 2018 College, university - Satellite classroom facility. See Section 17.156.038 – S Definitions: “Schools” – “Colleges.” Elementary, middle, secondary. See Section 17.156.038 – S Definitions: “Schools” – “Primary and Secondary.” Specialized education/training. See Section 17.156.020 – I Definitions: “Instructional Services.” Secondary dwelling units. See Section 17.156.004 – A Definitions: “Accessory Dwelling Unit (ADU).” Service station (see also "Vehicle services"). See Section 17.156.044 – V Definitions: “Vehicle Sales and Services” – “Service/Fueling Station.” Single-family dwellings. See Section 17.156.039 – S Definitions: “Single-Unit Dwelling.” Social service organization. See Section 17.156.032 – O Definitions: Offices – “Business and Professional Offices.” Special event. See Section 17.156.038 – S Definitions: “Special Event.” Sports and active recreation facility. See Section 17.156.008 – C Definitions: “Commercial Recreation.” Sports and entertainment assembly facility. See Section 17.156.038 – S Definitions: “Sports and Entertainment Assembly Facility.” Storage – Personal storage facility. See Section 17.156.046 – W Definitions: “Warehousing, Storage and Distribution” – “Personal Storage.” Storage Yard. See Section 17.156.046 – W Definitions: “Warehousing, Storage, and Distribution” – “Outdoor Storage.” Studio – Art, dance, martial arts, music, etc. See Section 17.156.020 – I Definitions: “Instructional Services.” Theater. See Section 17.156.020 – T Definitions: “Theaters.” Theater – Drive-in. See Section 17.156.008 – C Definitions: “Commercial Recreation” – “Large-Scale.” Transit station or terminal. See Section 17.156.040 – T Definitions: “Transit Station or Terminal.” Transit stop. See Section 17.156.040 – T Definitions: “Transit Station or Terminal.” Truck or freight terminal. See Section 17.156.014 – F Definitions: “Freight/Truck Terminals.” Vacation Rental. See Section 17.156.044 – V Definitions: “Vacation Rentals.” Vehicle services. Carwash. See Section 17.156.044 – V Definitions: “Vehicle Services” – “Washing.” Repair and maintenance – Major. See Section 17.156.044 – V Definitions: “Vehicle Services” – “Major (Major Repair/Body Work).” Repair and maintenance – Minor. See Section 17.156.044 – V Definitions: “Vehicle Services” – “Minor (Minor Repair/Maintenance).” Vending machine. See Section 17.156.044 – V Definitions: “Vending Machine.” Veterinary clinic/hospital. Ordinance No. 1650 (2018 Series) EXHIBIT B CITY OF SAN LUIS OBISPO Title 17 – ZONING REGULATIONS 9-47 September 2018 Boarding, large animal. See Section 17.156.004 – A Definitions: “Animal Care, Sales and Services” – “Veterinary Services, Large Animal.” Boarding, small animal, indoor. See Section 17.156.004 – A Definitions: “Animal Care, Sales and Services” – “Veterinary Services, Small Animal.” Boarding, small animal, outdoor. See Section 17.156.004 – A Definitions: “Animal Care, Sales and Services” – “Animal Boarding/Kennels.” Warehouse stores. 45,000 sf or less gfa. See Section 17.156.036 – R Definitions: “Retail Sales” – “General Retail.” More than 45,000 sf gfa. See Section 17.156.036 – R Definitions: “Retail Sales” – “Large-Scale Retail.” Warehousing, Indoor Storage. See Section 17.156.046 – W Definitions: “Warehousing, Storage, and Distribution” – “Warehousing and Indoor Storage.” Water and wastewater treatment plants and services. See Section 17.156.042 – U Definitions: “Utility Facilities.” Wholesaling and Distribution. See Section 17.156.046 – W Definitions: “Warehousing, Storage, and Distribution” – “Wholesaling and Distribution.” Wine tasting room – off site. See Section 17.156.012 – E Definitions: “Eating and Drinking Establishments” – “Bars, Live Entertainment, and Taverns.” Work/live units. See Section 17.156.026 – M Definitions: “Mixed-Use Development.” Ordinance No. 1650 (2018 Series) EXHIBIT B