HomeMy WebLinkAbout11-27-2018 Item 11 - Intro Ordinance Zoning Regulations Update - Tiny Homes on Wheels /EV Parking Meeting Date: 11/27/2018
FROM: Michael Codron, Community Development Director
Prepared By: Doug Davidson, Deputy Director
SUBJECT: FOLLOW-UP ITEMS FROM THE CITY COUNCIL’S APPROVAL OF THE
COMPREHENSIVE UPDATE TO THE CITY’S ZONING REGULATIONS
(TITLE 17) OF THE MUNICIPAL CODE INCLUDING TINY HOMES,
ACCESSORY DWELLING UNITS OWNER OCCUPANCY AND LOT
COVERAGE REQUIREMENTS, ELECTRIC VEHICLE PARKING,
DOWNTOWN OVERLAY ZONE, AND ADDITIONAL MISCELLANEOUS
CLEAN UP ITEMS.
RECOMMENDATION
1. Introduce an Ordinance (Attachment A) amending the newly adopted Update to the Zoning
Regulations including five directional items from Council and miscellaneous items;
• Tiny Homes
• Accessory Dwelling Units (ADUs) Owner Occupancy Requirement
• Accessory Dwelling Unit Lot Coverage Requirement
• Climate Action Plan (CAP) Electric Vehicle (EV) Parking
• Downtown Overlay Zone
2. Adopt the Addendum (Attachment B) to the Negative Declaration of Environmental Impact .
REPORT-IN-BRIEF
On June 27, 2018, the Planning Commission recommended to the City Council adoption of the
Updated Zoning Regulations, including the Initial Study/Negative Declaration of Environmental
Impact. The Commission made final minor edits to various sections and also recommended that
the City Council approve three additional Ordinances associated with the update and
implementing the Land Use and Circulation Element (LUCE).
On August 21, 2018, the Council voted 5-0 to introduce Ordinance No. 1650 (2018 Series) and
provided direction to staff to revise and review five specific items to be brought back to Co uncil
after the Planning Commission has provided a recommendation.
On September 18, 2018, the City Council voted 5-0 to approve Ordinance No. 1650 (2018
Series) which comprehensively updates the City’s Zoning Regulations, Title 17 of the City’s
Municipal Code. The Zoning Regulations Ordinance became effective 30 days after its
adoption.
The five directional items from Council on August 21 st for further review are as follows:
1) Tiny Homes – Reduce the maximum size from 450 sq. ft. to possibly 300 sq. ft. (without
counting the loft) and require a Director’s Action for design review and to be an
appealable decision.
2) ADU Owner Occupancy Requirement – Consider removing the owner occupancy
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requirement for ADUs in the R-3 and R-4 zones.
3) ADU Lot Coverage Requirement – Consider reducing the lot coverage exemption for an
ADU from 450 sq. ft. to 300 sq. ft. (consistent with the size of a Tiny Home).
4) Climate Action Plan (CAP) Electric Vehicle (EV) Parking – Further implement the CAP
by requiring installation of EV capable parking spaces in new developments or
significant remodels/additions.
5) Downtown Overlay Zone – Revise the Zoning Code to require a Development
Agreement (DA) for any project proposing to take advantage of increased height (above
45 feet), within the Downtown Overlay. The Council’s motion included the provision
that additional workforce and affordable housing opportunities in the project be
incorporated into a Development Agreement .
The Planning Commission has reviewed these issues, received public testimony, and
recommends adoption of the Amendments as summarized below and discussed in more detail in
the body of the report.
Planning Commission Meeting October 10, 2018
The discussion at the Planning Commission on October 10, 2018 was centered mostly around the
proposed Tiny Home regulations. Eight speakers offered public comments on Tiny Homes to
further inform the discussion.
After lengthy discussion, the Commission made the following changes to the Tiny Homes
regulations:
1. Size. Revised the maximu m size of a tiny home to 400 sq. ft (not counting loft area). The
original staff proposal was 450 sq. ft; the Council suggested the Planning Commission
consider 300 sq. ft. The Commission landed on 400 sq. ft. to provide more flexibility and
to be consistent with State law, specifically the Health & Safety Code (HSC Section
18010). Tiny Homes on wheels are defined as recreational vehicles and the HSC allows
recreational vehicles to be a maximum of 400 sq. ft. measured at the exterior dimensions.
2. Time Limit. The Commission responded to public testimony and agenda correspondence
about concerns that the one-year approval period is a substantial disincentive for
individual to invest in a tiny home. The proposal considered by the Planning
Commission included a provision for the Director to grant extensions on an annual basis
or establish an extended expiration through conditions of approval. The Commission
added “up to a maximum of three years” to the extension language. In summary, the
conditions of approval may extend the one-year expiration up to three years; additional
one-year extensions may still be granted on an annual basis after the initial expiration.
3. Design. The Commission added a new Development Standard for the design of tiny
homes: “the design of a tiny home shall resemble the general appearance, siding, and
roofing of a traditional home.” This responded to public concerns about the aesthetics of
trailers as potential tiny homes. This design standard would preclude Airstreams and
similar trailer-like RVs from being used as tiny homes.
4. Inspection. The Commission also recommended deletion of the phrase, “and to allow the
city upon reasonable time and notice to inspect the premises for compliance.” This was
based on the City’s experience with the Re ntal Housing Inspection Program and Fourth
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Amendment concerns.
5. Aesthetics. The Commission added back in the “skirting” language that staff had
suggested be deleted as another design feature to improve the appearance of tiny homes
by screening the wheels and undercarriage.
6. Certification. The Commission added some language to the ANSI (American National
Standards Institute) certification to allow for a “comparable standard” and to ensure that
the City inspection verify that the tiny home is in good working order.
Other Directional Items
The Commission adjusted the lot coverage exemption for an Accessory Dwelling Unit (ADU) to
400 sq. ft. to be consistent with the size of a tiny home.
The Downtown Overlay Zone was recommended for continuance to tie it with the Flexible
Density study on smaller units (less than 600 sq. ft.) in the Downtown. This future study will
analyze environmental impacts of allowing the smaller units in the Downtown without density
limits and creating the Downtown Overlay zone for the Commercial Retail (C-R) properties of
the Downtown Core from Santa Rosa to Pepper St. (railroad trestle).
There were no comments or changes to any of the other directional items. The Commission had a
minor edit on one of the clean-up miscellaneous items to ensure that “extremely low” income
groups are included in the parking reductions for affordable housing projects.
The recommended changes by the Planning Commission are shown in green track changes in the
discussion below and incorpo rated into the attached draft Ordinance (Attachment A).
DISCUSSION
Item #1 – Tiny Homes on Wheels
In response to community and Council interest in allowing tiny homes on wheels, staff focused
on how regulations might be crafted to accommodate tiny homes o n wheels in backyards of
single-family homes as a housing alternative. The critical issues for tiny homes on wheels
revolve around how to address basic health and public safety considerations: wastewater
connections/disposal, electric power/natural gas pr ovision, and potable water.
The Council considered these issues at the April 2018 study session and gave direction for the
concerns to be addressed in a manner that could allow tiny homes on wheels to be established in
the back yards of R-1 lots. New regulations were included in Article 4 of the Zoning
Regulations. On August 21, 2018, the Council received public comments on tiny homes, most of
which centered on concerns that 450 sq. ft. was too large as a maximum size requirement. The
discussion centered around 300-350 sq. ft. as a maximum and recognized the importance of a loft
in tiny home designs.
Language has been provided in Section 17.86.210 to reduce the maximum size from 450 sq. ft. to
400 sq. ft. (without counting the loft) and requiring a Dir ector’s action application for design
review, as well as an appealable decision. As mentioned above, the Planning Commission
recommended 400 sq. ft. to provide more flexibility and consistency with the H ealth and Safety
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Code (HSC Section 18010). Section 17.86.210 has been amended to incorporate the changes per
Council direction (definitions addressed in Article 9 -17.158.044), as shown below;
Section 17.86.210 – Recreational Vehicles: Use as Dwelling; Parked on a Private Lot
E. Recreational Vehicles as Tiny Houses in Residential Zones. Moveable tiny houses shall be
considered an additional type of accessory dwelling unit, allowed as an accessory use to single-
unit residential dwelling unit, consistent with Government Code, Section 65852.2, subdivision
(g) which allows cities to adopt less restrictive requirements than the State-mandated minimums
for accessory dwelling units. A moveable tiny house that meets the definition in this subsection
may be built and occupied as a new detached accessory dwelling unit, subject to the Director’s
review and approval of a Director’s Action application, if it complies with the standards of this
subsection.
1. Development Standards. Moveable tiny houses shall conform with the requirements for new
detached accessory dwelling units, including but not limited to setbacks, lot coverage, height,
and other applicable zoning requirements of the zone in which the site of the proposed moveable
tiny house is located, except as modified by this subsection.
a. Number. No parcel may be approved for more than one moveable tiny house in a 12-
month period. No parcel may contain more than one moveable tiny house at a time. No
parcel may contain both a moveable tiny house and a conventional accessory dwelling
unit.
b. Time Limit. The approval of a movable tiny house through a Director’s Action shall
automatically expire after a 12-month period, unless a longer period is specified in the
approval up to a maximum of three years, or unless an extension is granted by the
Director. The Director may deny a time extension if the property is determined to be out
of compliance with the standards of this subsection.
c. Maintenance. The site shall be maintained as set forth in Chapter 17.76 (Property
Maintenance Standards).
d. Location. The moveable tiny house shall be located toward the rear of the property
screened from view from any public right-of-way, as set forth in Section 17.76.100
(Screening).
e. b. Size. The maximum square footage or habitable floor space for a moveable tiny house
shall be 400450 square feet, as measured by exterior wall dimensions (lofts shall not be
counted toward the maximum square footage). The moveable tiny house shall have at
least 100 square feet of first floor interior living space.
f. c. Replacement Parking. Where a moveable tiny house occupies a required parking
space, a replacement parking space is required. A replacement parking space may be
located in any configuration on the same lot as the moveable tiny house, including but
not limited to covered spaces, uncovered spaces, or tandem spaces. Parking shall be
permitted only in those locations specified in these Zoning Regulations.
g. Design. The design of a tiny house shall resemble the general appearance, siding, and
roofing of a traditional home.
6. Foundation Requirements. Once sited on the parcel of the primary unit, moveable tiny houses
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shall meet the following foundation requirements:
a. If the wheels are removed so the moveable tiny house sits on a foundation, and the
foundation shall follow the state approved requirements for foundation systems for
manufactured housing;
a. b. If The moveable tiny house shalldoes not have its wheels removed, and then all wheels
and leveling/support jacks shall sit on a concrete, paved, or compacted gravel surface
sufficient to support its weight, and the wheels, leveling/support jacks or undercarriage
must be skirted and not visible.
8. Procedure Requirements. A Director’s Action application shall be required to establish a
moveable tiny house including In addition to submitting the application materials and
information required by Section 17.86.020 (Accessory Dwelling Units and Guest Quarters) for
an accessory dwelling unit; an applicant for a moveable tiny house shall submit proof that:
a. The proposed moveable tiny house is licensed and registered with the California
Department of Motor Vehicles;
b. The proposed moveable tiny house has been certified by a qualified third-party inspector
as meeting ANSI 119.2 or 119.5 requirements or comparable standards, or was built to
meet ANSI 119.2 or 119.5 requirements as demonstrated by sufficient evidence
satisfactory to the Director; at a minimum this inspection shall verify that the unit is in
good working order for living, sleeping, eating, cooking, and sanitation, including the
absence of any exterior shell water leaks;
c. The applicant is the property owner, or has sufficient written permission from the
property owner, of the intended location of the proposed moveable tiny house;
d. Prior to the issuance of building permits, a covenant agreement shall be recorded which
discloses the structure’s approved floor plan and status as a movable tiny home and
agreeing that the property will be owner-occupied. This agreement shall be recorded in
the office of the County Recorder to provide constructive notice to all future owners of
the property. The covenant agreement also may contain authorization for annual
inspections, and to allow the city upon reasonable time and notice to inspect the premises
for compliance with the agreement and to verify continued compliance with requirements
of this Section and health and safety codes. If a property can no longer be occupied as
the owner’s primary place of residence, the movable tiny home shall no longer be used as
overnight sleeping quarters.
e. The proposed moveable tiny house meets the standards of this subsection E.
Section 17.158.044 – T Definitions
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.
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Item #2 – Accessory Dwelling Units (Owner Occupancy)
At the April 2018 study session, the Council did not direct any changes to the recently adopted
ADU Ordinance. There was public and Council testimony at the study session about the
importance of the owner occupancy requirement, particularly for protection of the R -1 single-
family neighborhoods. Since the study session, staff has continued to receive public comments
about removing barriers to ADU construction. One suggestion was to remove the owner
occupancy requirements from the R-3 and R-4 zones while maintaining it in the R-1 and R-2
zones. Owner occupancy would continue to help the preservation of the lower density
residential neighborhoods, particularly R-1 zones, while not being required in the R-3 and R-4
zones which are designated for higher density residential, condominiums, and apartment rental
projects (see proposed amendment to Section 17.86.020B.5 below for consideration);
17.86.020B.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 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. Owner-Occupancy is not required in the R-3 or R-4 zones.
Item #3 – Accessory Dwelling Units (Lot Coverage)
At the Council meeting of August 21, 2018, the Council also discussed the lot coverage
exemption for ADUs. The Planning Commission had recommended t hat the lot coverage
exemption for an ADU be 450 sq. ft. After the discussion of Tiny Homes on August 21st, the
Council’s direction was to reduce the lot coverage exemption of 300 sq. ft. (to be consistent with
the size of a Tiny Home). The lot coverage exemption has been reduced from 450 sq. ft. to 400
sq. ft. to be consistent with the maximum size of a tiny home as recommended by the Planning
Commission.
Section 17.70.120B – Excluded from Lot Coverage
5. Up to 300400 square feet of an accessory dwelling unit. Any additional square footage of
an accessory dwelling unit shall be included in lot coverage.
Item #4 – Implementing the Climate Action Plan (CAP) Electric Vehicle Parking
As a Major City Goal, initiatives on climate action planning are occurring on several fronts; the
Climate Action Plan (CAP), Zoning Regulations Update, and other policy programs. The current
CAP includes several policy directives that can be implemented now via the Zoning Regulations.
The Planning Commission reviewed a White Paper outlining possible implementation strategies
and at the May 3, 2018 community workshop, participants suggested additional strategies that
could be addressed in the Zoning Regulations.
New strategies in the updated Zoning Regulations include:
▪ As an incentive for increased height in the C-D zone and a community benefit for a PD
overlay, having a developer provide net -zero energy construction features
▪ As an incentive for increased height in the C-D zone and a community benefit for a PD
overlay, requiring a Transportation Demand Management (TDM) program that achieves
a measurable mode shift and that a covenant agreement is signed by the property owner
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for long-term implementation
▪ Allowing car sharing spaces (e.g., ZipCar, Rideshare, etc.) to be located in developments
without increased parking requirements
▪ Requiring parking (approximately 10% of total required spaces) in multi-family and
commercial projects for electric vehicles
▪ Requirements for showers, lockers and changing rooms for large developments
▪ Reducing car parking requirements and increasing bike parking
Staff identified additional opportunities to further implement the Climate Action Plan upon
receiving additional public comments after the Planning Commission action on June 27 th.
Increased parking options for EVs was the emphasis of the additional review, including the
requirement for EV- Capable parking spaces with new development or significant remodels 1.
As introduced to the Council on August 21st, the following additional standards should be
incorporated into the Zoning Regulations Update:
▪ Expand the parking requirements to include EV capable (conduit installed ready for hook
up) in addition to the already required EV ready (charging station installed)
▪ Provide more definitions in this section for terms such as “equipped with charging
equipment.”
▪ Specify minimum requirements for charger types and electric panel capacity
▪ Apply the EV parking requirements to substantial redevelopments and reconfigured
parking lots in addition to new developments.
EV Capable parking would be designed to provide for future installation of EV charging stations.
Section 17.72.040 has been amended to incorporate the changes and new definitions will also be
provided for EV ready and EV capable (addressed in Ar ticle 9 -17.158.014 - Definitions), as
shown below:
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 requi rements 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 before applying any parking reductions. These requirements do not apply in
the Downtown zone or within an in-lieu fee district.
1 Climate Action Plan Transportation and Land Use Strategies. TLU 2.2: Require all new development with 50 or
more parking spaces to pre-wire for electric vehicle charging stations and provide a minimum 2 percent
charging spaces.
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Table 3-5: Electric Vehicle (EV) Parking
Land Use Number of Total Required Spaces
52-10 11-15 16-250 More than 250
Multi-unit Residential with 54
or More Units
1 EV ready
space
minimum, plus
25% EV
capable
2 EV ready
spaces
minimum,
plus 50% EV
capable
32 EV ready
spaces
minimum, plus
50% EV
capable
10% EV ready
spaces, plus
50% EV
capable
Nonresidential – Commercial,
Office, Industrial, and Mixed
Use
1 EV ready
space
minimum, plus
25% EV
capable
2 EV ready
spaces
minimum,
plus 50% EV
capable
3 EV ready
spaces
minimum, plus
50% EV
capable
10% of
parking EV
ready spaces,
plus 25% EV
capable
Industrial 0 EV space
minimum
1 EV space
minimum
2 EV ready
spaces
minimum
8% of parking
spaces
B. All electric vehicle spaces EV ready spaces, as defined in this Title, shall be equipped with
full electric vehicle charging equipment, as defined in this Title, including an electric
vehicle charging station, the use of which the property owner or operator may require
payment, at his/her discretion. All EV capable spaces, as defined in this Title, shall be
served by an empty raceway to supply power for future EV charging stations at any given
time.
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 EV ready and EV capable spaces and the associated electric vehicle charging
equipment shall be provided for all new developments and whenever a substantial addition
to and existing development is proposed, as defined by Section 17.106.020B (Enlargements
and Modifications).
E. Where an existing legal, nonconforming parking condition exists, the EV spaces
requirement shall be based on the existing number of parking spaces, not the required
number of parking spaces.
17.158.014 – Definitions
EV Capable Space. A parking space constructed with empty raceway (i.e., pathway for future
electrical wiring, usually in enclosed walls or pavement) to supply power for future EV charging
stations at any given time.
EV Ready Space. A parking space constructed with full electrical circuits (e.g., junction box,
conduit, receptacle, overprotecting devices, wiring, etc.) that are ready for connection with an
EV charging station at any given time.
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Item #5 – Downtown Overlay Zone (C-R Zone of Downtown Core from Santa Rosa to
Pepper St.)
The City Council at the April 2018 study session and the Planning Commission with their final
action on June 27th, agreed with the concept of applying the Downtown development standards
to the C-R Zone of the Downtown Core from Santa Rosa to the railroad trestle at Pepper Street.
This would facilitate downtown development in the interim period while developin g the full
Upper Monterey Area Plan as called for in LUCE Program 8.2.2 (the area along Monterey from
Santa Rosa to Pepper Street is located in the Downtown Core of the LUCE, while the Specific
Planning Area for Upper Monterey extends all the way to Buena Vista near the Highway 101 on-
ramp). In the proposed Downtown Overlay Zone, applicants may choose to take advantage of the
Downtown development standards for more intensive development with approval from the
Planning Commission that the project is consistent with the expectations for downtown core
development.
On August 21, 2018, the City Council considered the Planning Commission’s recommendation
to designate the approximately 15.8-acre portion of the C-R Zone in the Downtown Core, as C-
R-D, Retail Commercial with the Downtown Overlay Zone. After receiving a large amount of
public correspondence concerned about the potential for increased height allowances in this area,
the City Council directed the item back to the Planning Commission for further review ,
specifically to include a provision that a DA be approved for any project proposing to take
advantage of increased height (above 45 feet). The Council’s motion included the provision that
additional workforce and affordable housing opportunities be inco rporated into the project and
formalized in the DA. A DA is a negotiated agreement between the applicant and City subject to
the parameters set forth in Zoning Regulation Section 17.128 (Development Agreements).
Staff anticipates returning with the Downtown Overlay Zone to the Council in spring 2019, in
conjunction with the Downtown Flexible Density and associated environmental analysis as
discussed in the next paragraph. It is appropriate to combine the Downtown Overlay and
Downtown Density into one study, including environmental review, to comprehensively address
density, height, and other development issues in the Downtown Core.
Flexible Density Downtown
During the process of preparing the comprehensive update, staff investigated the option for
implementing LUCE policy 4.28, which calls for allowing variable residential densities as a key
strategy to encourage and increase housing production in the Downtown. Staff proposed an
approach to eliminate any density standards for units 600 square feet a nd smaller, as long as
other development standards, such as setbacks, lot coverage, and height are satisfied. The City
Council expressed support of this approach during the public hearing process. However, because
the LUCE EIR did not anticipate and thus address the potential impacts associated with the
possible level of housing production associated with this policy change, staff determined that
more in-depth policy and CEQA analysis is required before any action can occur.
Staff has determined the sco pe of work for the traffic study, including the methodology and
downtown build-out scenarios. Staff anticipates returning to the Council with more information
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about funding requirements and a schedule to move this component of the Zoning Regulations
Update project forward.
Miscellaneous Minor Follow-up Items
In addition to the five Council directional items identified above staff has identified a number of
minor revisions for the Planning Commission to consider for internal consistency and additional
clar ification.
Staff has identified the following items for clean-up after its initial work with the new
Regulations:
a. Revise Section 17.10.020A to provide consistency throughout the Zoning Regulations for
the M/A abbreviation which identifies a use as allowed above the ground floor only, or
Subject to Minor Use Permit review, the use may be established on the ground floor
(Page 2-1).
b. Revise Table 2-1 to allow Single-Unit Dwellings in the R-1 Zone, which was removed in
error (Page 2-4).
c. Revise Table 2-6, Table 2-8, & Table 2-10 to include the word density when referring to
density minimum allowances for greater clarification (Pages 2-15, 2-17, & 2-19).
d. Revise Section 17.32.030E.2b(2) SLO Green Build reference to the most current title as
Green Point Rated New Home Multi-Family Checklist (Page 2-29).
e. Restructure Section 17.70.170C.5 to provide clarity to building features which may
projected into the required setbacks a specific distance (Pages 3-35 & 3-36).
f. Revise Table 3-4 Parking Requirements by Use for Single-Unit Dwellings to require a
minimum of two parking spaces for the first four bedrooms and 0.75 spaces for each
additional bedroom beyond the first four. Provided to reflect ITE Demand and further the
intent to require additional parking for larger dwe llings (Page 3-48).
g. Revise Table 3-4 Parking Requirements by Use for Multi-Unit Residential to relocate and
clarify the parking requirement for elderly housing to apply broadly to different land uses
as Subsection B after Table 3-4 (Page 3-48) (This is a re-insertion of existing language
from the prior Code.)
h. Revise Table 3-4 Parking Requirements by Use for Medical-Doctor’s Office to 1 per 200
rather than 1 per 300 to reflect ITE Demand, which was provided in error (Page 3-50).
i. Clarify note 2 after Table 3-6 Required Bicycle Parking to require minimum of two
bicycle parking spaces per unit rather than per tenant (Page 3-56).
j. Revise Section 17.86.100B.2 to eliminate the term ministerial, as Director Actions are
discretionary (Page 4-20).
k. Revise Section 17.92.020F to clarify the review process for additions to nonconforming
structures as subject to a Directors Action permit (Page 5-2).
l. Revise Section 17.138.130 to remove the word “except” from the last sentence , in order
to clarify that private selection of individuals by project owners is not permitted for any
affordable units (Page 8-8).
m. Revise Section 17.140.040K to include a new subsection addressing parking
requirements for housing occupied exclusively by extremely low, very low, or low-
income households (Page 8-15) (This is a re-insertion of existing language from the prior
Code similar to “g” above.)
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n. Revise Section 17.140.070 to include the changes to State Housing Law to provide for
child care facilities as part of affordable housing projects, as well as address the
appropriate review authority for alternative incentives actions (Page 8-17).
CONCURRENCES
Updating the Zoning Regulations is a City team effort. The City Attorney’s office has been
regularly involved in the Update since the project’s incept ion. The Public Works, Utilities, and
Administration Departments, including Natural Resources, provided subject matter expertise.
ENVIRONMENTAL REVIEW
On September 16, 2014, the City Council certified the Land Use and Circulation Element
(LUCE) Final Program Environmental Impact Report (EIR) (State Clearinghouse Number
2013121019) and adopted findings and a statement of overriding considerations pursuant to the
California Environmental Quality Act (CEQA). Pursuant to CEQA, the City prepared an In itial
Study/Negative Declaration (IS/ND) to evaluate the potential environmental effects of the
proposed Zoning Regulations Update. On August 21, 2018, the Council voted to adopt the
IS/ND, and provided direction for staff to revise and review specific ite ms to be brought back to
Council after the Planning Commission has provided a recommendation.
Pursuant to State CEQA Guidelines Sections 15164 and 15162, a subsequent environmental
document is not warranted because: 1) the proposed amendments would not re sult in any new
impacts not previously disclosed in the adopted IS/ND and would not increase the severity of
any impact identified in the adopted IS/ND, 2) the circumstances under which the amendments
will be undertaken will not require major changes to the adopted IS/ND, 3) and the proposed
amendments do not require any new mitigation measures.
In accordance with State CEQA Guidelines Section 15164, an Addendum to the adopted IS/ND
has been prepared to address the current project, which includes the direc tional items identified
by Council and additional minor follow-up items (refer to Attachment B, Addendum to Initial
Study/Negative Declaration). As noted in the Addendum, the proposed amendments are minor
and none would result in increased density, size, o r height than what was evaluated in the
adopted Initial Study/Negative Declaration; the proposed amendments would not result in the
development of future projects in any location beyond what is assessed in the adopted Initial
Study/Negative Declaration; and the changes would provide greater clarity in the evaluation of
projects pursuant to the Zoning Regulations, such as tiny homes, accessory dwelling units, and
the provision of additional facilities and amenities supporting electric vehicles consistent wit h
State Law, the Climate Action Plan, and the General Plan.
FISCAL IMPACT
When the General Plan Update was adopted in 2014 it was accompanied by a Fiscal Impact
Report prepared by Applied Development Economics, Inc. The purpose of the report was to
determine if the City’s General Plan Land Use Element was fiscally balanced, or if the demand
for services created by new residences, for example, would outpace the ability of new revenues
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to support the cost of those services. The report concluded that the Cit y’s General Plan was
fiscally balanced and that new revenues expected from property tax, sales tax, and transient
occupancy tax, as examples, would provide sufficient resources for the City to cover the cost,
such as for public safety, parks and recreation, and general government administration. The fiscal
impact report was not updated as part of the Zoning Regulations Update because there are no
changes proposed that were not anticipated as part of the prior report. The Zoning Regulations
Update is an implementation measure of the Land Use Element update, and therefore is expected
to have a neutral fiscal impact.
ALTERNATIVES
1. Modify the Proposed Ordinances – The Council may make modifications to the proposed
Ordinances for staff to incorporate into the final documents.
2. Continue Consideration of Ordinances to a Future Date – The Council could direct staff to
conduct additional research on one of more of recommended ordinance components. The
Council should provide direction to staff if this alternative is chosen.
3. Direct Staff not to Move Forward with Changes to the Zoning Regulations – The Council
could decide to direct staff to focus on other priorities and not pursue changes to the Zoning
Regulations at this time. This alternative is not recommended because this is the culmination
of a 20-month work effort. The Council introduced the new Zoning Ordinance on August 21,
2018, adopted it on September 18th, and directed that the specific topics discussed in this
report be brought back to complete the Zoning Regulations Update and implement the
LUCE.
Attachments:
a - Draft Ordinance
b - Council Reading File - Initial Study Addendum
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ORDINANCE NO. _____ (2018 Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA INTRODUCING FOLLOW-UP ITEMS FROM
THE COUNCIL’S APPROVAL OF THE COMPREHENSIVE UPDATE TO
THE CITY’S ZONING REGULATIONS (TITLE 17) OF THE MUNICIPAL
CODE INCLUDING TINY HOMES, ACCESSORY DWELLING UNITS
OWNER OCCUPANCY AND LOT COVERAGE REQUIREMENTS,
ELECTRIC VEHICLE PARKING, DOWNTOWN OVERLAY ZONE, AND
ADDITIONAL MISCELLANEOUS CLEAN UP ITEMS. INCLUDING
ADOPTION OF AN ADDENDUM TO A NEGATIVE DECLARATION OF
ENVIRONMENTAL REVIEW, AS REPRESENTED IN THE STAFF
REPORT AND ATTACHMENTS DATED NOVEMBER 27, 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); and
WHEREAS, the City Council of the City of San Luis Obispo in the Council Chamber
of City Hall, 990 Palm Street, San Luis Obispo, California on September 18, 2018, adopt ed an
Ordinance for the comprehensive update to the Zoning Regulations in order to implement the
LUCE; and
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 additional amendments to Tile 17 of the Municipal Code;
and
WHEREAS, the Planning Commission of the City of San Luis Obispo conducted a
public hearing in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo,
California on October 10, 2018, for the purpose of recommending the additional amendments
to Title 17 of the Municipal Code; 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
November 27, 2018, for the purpose of considering amendment s to the Title 17 of the Municipal
Code;
WHEREAS, notices of said public hearing were made at the time and in the manner
required by law.
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NOW, THEREFORE, BE IT ORDAINED by the Council of the City of San Luis
Obispo as follows:
SECTION 1. Findings. Based upon all the evidence, the City Council makes the
following finding:
1. 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. An addendum to the Initial Study / Negative
Declaration for the Zoning Regulations Update (GENP -0327-2017) was prepared for the
proposed amendments to the City Zoning Regulations, Title 17 of the City’s Municipal Code.
The addendum concluded the following:
i) None of the following circumstances included in Section 15162 of the State CEQA
Guidelines have occurred which require a subsequent environmental document:
a) The project changes do not result in new or more severe environmental impacts.
b) The circumstances under which the project is undertaken will not require major
changes to the adopted Negative Declaration.
c) The modified project does not require any new mitigation measures.
ii) The proposed Zoning Regulations Update, including proposed amendments
identified in this Addendum, would make revisions, additions, corrections and
clarifications to various sections of the Zoning Regulations to ensure consistency
and successful implementation of the Land Use and Circulation Element. The
proposed modifications to the previously-approved Zoning Regulations Update are
minor and consistent with the scope of the comprehensive Zoning Regulations
Update.
iii) The changes are consistent with State Law, the City of San Luis Obispo Climate
Action Plan, and the City of San Luis Obispo General Plan.
Based on the foregoing, the City Council does hereby adopt the Addendum to the Initial Study
/ Negative Declaration for the Zoning Regulations Update, as provided in Attachment B.
SECTION 3. Section 17.10.020.A, entitled “Allowed Uses” of the San Luis Obispo
Municipal Code is hereby amended as follows:
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 Specific Use Regulations column of Table 2-1. Land uses are
defined in Chapter 17.156 (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).
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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/MM/A The use is allowed above the ground floor only. Subject to Minor Use
Permit review, the use may be established on the ground floor.
SECTION 4. Section 17.10.020, Table 2-1 entitled, “Uses Allowed by Zone” of the San
Luis Obispo Municipal Code is hereby amended to include an “A” in the column for the R-1
zone and in the line item “Single-Unit Dwellings, Detached,” to read as follows:
Table 2-1: Uses Allowed By Zone
RESIDENTIAL USES
General Residential Housing Types
Single-Unit
Dwellings,
Detached
A CUP A A A A A
SECTION 5. Section 17.18.020, Table 2-6, entitled “R-2 Zone Development
Standards” of the San Luis Obispo Municipal Code is hereby amended to add the term “density”
under the Additional Regulations column, as follows:
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 density units shall be
allowed on each parcel; except this shall not apply to
common interest subdivisions.
SECTION 6. Section 17.20.020, Table 2-8, entitled “R-3 Zone Development
Standards” of the San Luis Obispo Municipal Code is hereby amended to add the term “density”
under the Additional Regulations column, as follows:
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 density units shall be allowed on
each parcel; except this shall not apply to
common interest subdivisions.
SECTION 7. Section 17.22.020, Table 2-10, entitled “R-4 Zone Development
Standards” of the San Luis Obispo Municipal Code is hereby amended to add the term “density”
under the Additional Regulations column, as follows:
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 density units
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shall be allowed on each parcel; except this shall
not apply to common interest subdivisions.
SECTION 8. Section 17.32.030.E.2.b.(2) of the San Luis Obispo Municipal Code is
hereby amended as follows:
(2) The project is designed to achieve a minimum value of 50 points on the SLO green build
multi-unit residential greenpoint checklist Green Point Rated New Home Multi-Family
Checklist.
SECTION 9. Section 17.70.120.B of the San Luis Obispo Municipal Code, entitled
“Excluded from Lot Coverage” is hereby amended to add a new subsection 5 as follows:
5. Up to 400 square feet of an accessory dwelling unit. Any additional square footage of an
accessory dwelling unit shall be included in lot coverage.
SECTION 10. Section 17.70.170.C.5a of the San Luis Obispo Municipal Code, is
hereby amended as follows:
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, may extend no more than 30 inches into a required setback (see Figure 12:
Architectural Feature Projections into Required Setbacks).
SECTION 11. Section 17.72.030, Table 3-4 entitled “Parking Requirements by Use” of
the San Luis Obispo Municipal Code is hereby amended in the line item “Single-Unit
Dwellings, Detached,” under the Number of Off-Street Parking Spaces Required column to read
as follows:
Table 3-4: Parking Requirements by Use
Type of Land Use Number of Off-Street Parking Spaces Required
RESIDENTIAL USES
General Residential Housing Types
Single-Unit Dwellings, Detached
2 parking spaces for the first four bedrooms, 0.75 space
per each additional bedroom (no requirement for
Accessory Dwelling Units), plus 1 guest parking space per
5 units in a tract development
SECTION 12. Section 17.72.030, Table 3-4 entitled “Parking Requirements by Use” of
the San Luis Obispo Municipal Code is hereby amended in the line item “Multi-Unit
Residential” under the Number of Off-Street Parking Spaces Required column to read as
follows:
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Table 3-4: Parking Requirements by Use
Type of Land Use Number of Off-Street Parking Spaces Required
RESIDENTIAL USES
General Residential Housing Types
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
SECTION 13. Section 17.72.030, Table 3-4 entitled “Parking Requirements by Use” of
the San Luis Obispo Municipal Code is hereby amended in the line item “Medical and Dental
Offices” under the Number of Off-Street Parking Spaces Required column to read as follows:
Table 3-4: Parking Requirements by Use
Type of Land Use Number of Off-Street Parking Spaces Required
Offices
Business and Professional Offices 1 space per 300 sf
Medical and Dental Offices 1 space per 3200 sf
SECTION 14. Section 17.72.030 of the San Luis Obispo Municipal Code, entitled
“Required Parking Spaces” is hereby amended to add a new subsection B to read as follows:
B. Elderly housing parking. Housing occupied exclusively by persons aged 62 or older may provide
one-half space per dwelling unit or one space per four occupants of a group quarters.
Current subsections B and C of Section 17.72.030 are hereby reformatted as C and D,
respectively.
SECTION 15. Section 17.72.040 of the San Luis Obispo Municipal Code, entitled
“Parking for Electric Vehicles” is hereby amended as follows:
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 before
applying any parking reductions. These requirements do not apply in the Downtown zone or within
an in-lieu fee district.
Table 3-5: Electric Vehicle (EV) Parking
Land Use Number of Total Required Spaces
52-10 11-15 16-250 More than 250
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Multi-unit Residential
with 5 4 or More Units
1 EV ready
space minimum,
plus 25% EV
capable
2 EV ready
spaces minimum,
plus 50% EV
capable
32 EV ready
spaces minimum,
plus 50% EV
capable
10% EV ready
spaces, plus 50%
EV capable
Nonresidential –
Commercial, Office,
Industrial, and Mixed
Use
1 EV ready
space minimum,
plus 25% EV
capable
2 EV ready
spaces minimum,
plus 50% EV
capable
3 EV ready
spaces minimum,
plus 50% EV
capable
10% of parking
EV ready spaces,
plus 25% EV
capable
Industrial 0 EV space
minimum
1 EV space
minimum
2 EV ready
spaces minimum
8% of parking
spaces
B. All electric vehicle spacesEV ready spaces, as defined in this Title, shall be equipped with full
electric vehicle charging equipment, as defined in this Title, including an electric vehicle charging
station, the use of which the property owner or operator may require payment, at his/her discretion.
All EV capable spaces, as defined in this Title, shall be served by an empty raceway to supply power
for future EV charging stations at any given time.
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 EV ready and EV capable spaces and the associated electric vehicle charging equipment
shall be provided for all new developments and whenever a substantial addition to and existing
development is proposed, as defined by Section 17.106.020B (Enlargements and Modifications).
E. Where an existing legal, nonconforming parking condition exists, the EV spaces requirement shall
be based on the existing number of parking spaces, not the required number of parking spaces.
SECTION 16. Section 17.72.070.B, Note 2 of Table 3-6 entitled “Required Bicycle
Parking” of the San Luis Obispo Municipal Code is hereby amended to read as follows:
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 unit.
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.
SECTION 17. Section 17.86.020.B.5 of the San Luis Obispo Municipal Code, entitled
“Accessory Dwelling Units and Guest Quarters” is hereby amended to read as follows:
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 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. Owner-
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Occupancy is not required in the R-3 or R-4 zones.
SECTION 18. Section 17.86.100.B.2 of the San Luis Obispo Municipal Code, entitled
“Permits Required” is hereby amended as follows:
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:
SECTION 19. Section 17.86.210, entitled “Recreational Vehicles - Use as Dwelling -
Parked on a Private Lot ” of the San Luis Obispo Municipal Code is hereby amended to add a
new subsection E as follows:
E. Recreational Vehicles as Tiny Houses in Residential Zones. Moveable tiny houses shall be
considered an additional type of accessory dwelling unit, allowed as an accessory use to single-unit
residential dwelling unit, consistent with Government Code, Section 65852.2, subdivision (g) which
allows cities to adopt less restrictive requirements than the State-mandated minimums for accessory
dwelling units. A moveable tiny house that meets the definition in this subsection may be built and
occupied as a new detached accessory dwelling unit, subject to the Director’s review and approval
of a Director’s Action application if it complies with the standards of this subsection.
1. Development Standards. Moveable tiny houses shall conform with the requirements for new
detached accessory dwelling units, including but not limited to setbacks, height, and other
applicable zoning requirements of the zone in which the site of the proposed moveable tiny house
is located, except as modified by this subsection.
a. Number. No parcel may be approved for more than one moveable tiny house in a 12-month
period. No parcel may contain more than one moveable tiny house at a time. No parcel may
contain both a moveable tiny house and a conventional accessory dwelling unit.
b. Time Limit. The approval of a movable tiny house through a Director’s Action shall
automatically expire after a 12-month period, unless a longer period is specified in the
approval up to a maximum of three years, or unless an extension is granted by the Director.
The Director may deny a time extension if the property is determined to be out of compliance
with the standards of this subsection.
c. Maintenance. The site shall be maintained as set forth in Chapter 17.76 (Property
Maintenance Standards).
d. Location. The moveable tiny house shall be located toward the rear of the property screened
from view from any public right-of-way, as set forth in Section 17.76.100 (Screening).
e. Size. The maximum square footage or habitable floor space for a moveable tiny house shall
be 300 square feet, as measured by exterior wall dimensions (lofts shall not be counted
toward the maximum square footage). The moveable tiny house shall have at least 100
square feet of first floor interior living space.
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f. Replacement Parking. Where a moveable tiny house occupies a required parking space, a
replacement parking space is required. A replacement parking space may be located in any
configuration on the same lot as the moveable tiny house, including but not limited to
covered spaces, uncovered spaces, or tandem spaces. Parking shall be permitted only in
those locations specified in these Zoning Regulations.
g. Design. The design of a tiny house shall resemble the general appearance, siding, and
roofing of a traditional home.
2. Parking Spaces. Moveable tiny houses shall not require additional parking.
3. Mechanical Equipment. All mechanical equipment for a moveable tiny house shall be
incorporated into the structure and shall not be located on the roof.
4. Utility Connections and Requirements. Moveable tiny houses shall not require separate utility
meters from the primary unit. Moveable tiny houses may be off-grid and not connected to one
or more utility systems, but only if the applicant provides sufficient proof, to the satisfaction of
the Director and the Building Official, that the moveable tiny house has adequate, safe, and
sanitary utility systems providing water, sewer, heating, cooling, and electric power.
5. Addresses. Moveable tiny houses shall not have separate street addresses from the primary unit.
6. Foundation Requirements. Once sited on the parcel of the primary unit, moveable tiny houses
shall meet the following foundation requirements:
a. The moveable tiny house shall not have its wheels removed, and all wheels and
leveling/support jacks shall sit on a concrete, paved, or compacted gravel surface sufficient
to support its weight, and the wheels, leveling/support jacks or undercarriage must be
skirted and not visible.
7. Emergency and Rescue Openings. Moveable tiny houses shall meet the requirements of Section
R310 of the California Building Code for emergency escape and rescue openings. Egress roof
access windows in lofts used as sleeping rooms shall be deemed to meet this requirement if
installed such that the bottom of the opening is not more than 44 inches above the loft floor,
provided the egress roof access window complies with the minimum opening area requirements
of California Building Code Section R310.2.1.
8. Procedure Requirements. A Director’s Action application shall be required to establish a
moveable tiny house including the application materials and information required by Section
17.86.020 (Accessory Dwelling Units and Guest Quarters) for an accessory dwelling unit, an
applicant for a moveable tiny house shall submit proof that:
a. The proposed moveable tiny house is licensed and registered with the California
Department of Motor Vehicles;
b. The proposed moveable tiny house has been certified by a qualified third-party inspector as
meeting ANSI, 119.2 or 119.5 requirements or comparable standards, or was built to meet
ANSI 119.2 or 119.5 requirements as demonstrated by sufficient evidence satisfactory to the
Director; at a minimum this inspection shall verify that the unit is in good working order
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for living, sleeping, eating, cooking, and sanitation, including the absence of any exterior
shell water leaks;
c. The applicant is the property owner, or has sufficient written permission from the property
owner, of the intended location of the proposed moveable tiny house;
d. Prior to the issuance of building permits, a covenant agreement shall be recorded which
discloses the structure’s approved floor plan and status as a movable tiny home and
agreeing that the property will be owner-occupied. This agreement shall be recorded in the
office of the County Recorder to provide constructive notice to all future owners of the
property. The covenant agreement also may contain authorization for annual inspections
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 movable tiny home shall no longer be used as
overnight sleeping quarters.
SECTION 20. Section 17.92.020.F of the San Luis Obispo Municipal Code, entitled
“Limits on Reconstruction – Exceptions” is hereby amended as follows:
F. Exceptions to this Chapter may be granted by the Director, through a Director’s Action, 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 Directorwithout 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)).
SECTION 21. Section 17.138.130 of the San Luis Obispo Municipal Code, entitled
“Eligibility Screening ” is hereby amended as follows:
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.
SECTION 22. Section 17.140.040.K of the San Luis Obispo Municipal Code, entitled
“Parking Requirements” is hereby amended to add a new subsection 2 as follows:
2. Housing developments occupied exclusively by extremely low, very low, or low-income
households, as defined by the State, may provide one car and one bicycle space per dwelling unit.
Existing subsections 2, 3 and 4 are hereby renumbered as 3, 4 and 4, respectfully.
SECTION 23. Section 17.140.070 of the San Luis Obispo Municipal Code, entitled
“Alternative or Additional Incentives” is hereby amended to add a new subsection D, amend
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and reformat current subsection D and E as E and F, respectively, as follows:
D. Proposals to construct a housing development that includes affordable units and includes a child
care facility that will be located on the premises of, as part of, or adjacent to the housing
development, it shall comply with Government Code Section 65915 (h)(1).
DE. Nothing in this Section shall be construed to require the Council Planning Commission
to approve any alternative incentive or concession. The Council Planning Commission 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
Planning Commission.
EF. The Council Planning Commission 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.
SECTION 24. Section 17.158.014 of the San Luis Obispo Municipal Code, entitled “E
definitions” is hereby amended to add the following definitions:
EV Capable Space. A parking space constructed with empty raceway (i.e., pathway for future electrical
wiring, usually in enclosed walls or pavement) to supply power for future EV charging stations at any
given time.
EV Ready Space. A parking space constructed with full electrical circuits (e.g., junction box, conduit,
receptacle, overprotecting devices, wiring, etc.) that are ready for connection with an EV charg ing
station at any given time.
SECTION 25. Section 17.158.044 of the San Luis Obispo Municipal Code, entitled “T
definitions” under definition “Tiny House – Moveable” is hereby amended as follows:
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.
SECTION 26. 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 valid ity 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
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SECTION 27. Implementation. 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 ___ day of ___, 2018, AND FINALLY ADOPTED by the
Council of the City of San Luis Obispo on the ___ day of ___, 2018, on the following vote:
AYES:
NOES:
ABSENT:
____________________________________
Mayor Heidi Harmon
ATTEST:
____________________________________
Teresa Purrington
City Clerk
APPROVED AS TO FORM:
_____________________________________
J. 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 ______________, _________.
______________________________
Teresa Purrington
City Clerk
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THENewspaper of the Central Coast
SLO CITY CLERK
3825 South Higuera • Post Office Box 112 • San Luis Obispo, California 93406-0112 • (805) 781-7800
In The Superior Court of The State of California
In and for the County of San Luis Obispo
AD #3953567
CITY OF SAN LUIS OBISPO
STATE OF CALIFORNIA
SS.
County of San Luis Obispo
I am a citizen of the United States and a resident of the
County aforesaid; I am over the age of eighteen and not
interested in the above entitled matter; I am now, and at
all times embraced in the publication herein mentioned
was, the principal clerk of the printers and publishers of
THE TRIBUNE, a newspaper of general Circulation,
printed and published daily at the City of San Luis
Obispo in the above named county and state; that notice
at which the annexed clippings is a true copy, was
published in the above-named newspaper and not in any
supplement thereof — on the following dates to wit;
NOVEMBER 17, 2018 that said newspaper was duly
and regularly ascertained and established a newspaper of
general circulation by Decree entered in the Superior
Court of San Luis Obispo County, State of California, on
June 9, 1952, Case #19139 under the Government Code
of the State of California.
I certify (or declare) under the penalty of perjury that the
foregoing is true and correct.
w t .
kA=Z---
(SigUtUre of Principal Clerk)
DATE: NOVEMBER 17, 2018
AD COST: $183.28
CM OF
SqIZMW OBiSPO
SAN LUIS OBISPO CITY COUNCIL
NOTICE OF PUBLIC HEARING
The San Luis Obispo City Council invites
all interested persons to attend a public
hearing on Tuesday, November 27, 2018,
at 6:00- p.m. in the City Hall Council
Chamber, 990 Palm Street, San Luis Obi-
spo, California, relative to the following:
1. The Council will consider adopting
resolutions concerning a fee schedule
and evaluation criteria for cannabis
business operator permits.
For more information, contact Rachel Co-
hen of the City's Community Development
Department at (805) 781-7574 or by email
at
2. Introduce an Ordinance addressing
follow-up items from the City Council's
approval of the comprehensive update
to the City's Zoning Regulations (Title
17) of the Municipal Code including tiny
homes, owner occupancy requirement
and lot coverage requirements for ac-
cessory dwelling units, electric vehicle
parking, downtown overlay zone, and
additional miscellaneous clean up
items.
For more information, contact Kyle Bell of
the City's Community Development Depart-
ment at (805) 781.7524 or by email at
The City Council may also discuss other
hearings or business items before or after
the items listed above. If you challenge the
proposed project in court, you may be limit-
ed to raising only those issues you or
someone else raised at the public hearing
described in this notice, or in written corre-
spondence delivered to the City Council at,
or prior to, the public hearing.
Reports for this meeting will be available
for review in the City Clerk's Office and ori -
line at www.slocity.org on Wednesday, No-
vember 21, 2018. Please call the City Cler-
k's Office at (805) 781-7100 for more Infor-
mation. The City Council meeting will be
televised live on Charter Cable Channel
20 and live streaming on www.slocitV.org.
Teresa Purrington, City Clerk
City of San Luis Obispo
Noyamba!r 17, 2018 3953567