HomeMy WebLinkAbout09-18-2018 Item 4 - Exhibit B V2 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repealed and superseded as provided in the ordinance enacting this Title 17.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.
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.
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.
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.
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.
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
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.
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.
CITY OF SAN LUIS OBISPO
Title 17 – ZONING REGULATIONS
1-9 September 2018
Chapter 17.08. Reserved
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.
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).
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)
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
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
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
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
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
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
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%
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%
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)
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:
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).
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.
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).
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.
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
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.
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
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.
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
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)
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.
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)
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).
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.
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)
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).
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).
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
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
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
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.
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).
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).
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.
Article 2: Zones
2-38 September 2018
Chapter 17.38. Reserved
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.
Article 2: Zones
2-40 September 2018
B. Performance Standards. See also Chapter 17.74: Performance Standards.
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)
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.
CITY OF SAN LUIS OBISPO
Title 17 – ZONING REGULATIONS
2-43 September 2018
Chapter 17.44. Reserved
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
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.
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.
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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;
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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
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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.
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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.
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.
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.
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.
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.
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).
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.
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.
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.
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.
Article 2: Zones
2-60 September 2018
Chapter 17.62. Reserved
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
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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
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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.
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(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
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“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:
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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)
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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.
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(Ord. 1610 § 5 (part), 2014)
Figure 2-29: Airport Noise Contours
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Chapter 17.66. Reserved
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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.
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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
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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.
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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).
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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.
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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.
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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.
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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.
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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
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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.
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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.
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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).
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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).
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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).
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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.)
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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:
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.
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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.
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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
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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.
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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.
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(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.
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Title 17 – ZONING REGULATIONS
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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.
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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.
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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.
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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.
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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.
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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:
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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
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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.
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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.
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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.
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C. Performance Standards.
1. Lighting. Lighting for rooftop uses shall be appropriately designed, located, and shielded to not negatively
impact any adjacent residential uses. 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.
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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
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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
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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
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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
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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
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(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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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
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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
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
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
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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:
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.
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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.
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.
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.
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.
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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
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.
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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
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parking areas, travelways, or street rights-of-way. This requirement may be modified by Director’s Action if the
Director finds that sufficient space is provided so that truck-maneuvering areas will not interfere with traffic and
pedestrian circulation.
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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.
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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.
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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.
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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.
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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.)
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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.)
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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.
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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
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.
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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.
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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).
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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.
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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
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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:
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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.
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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:
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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:
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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;
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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:
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(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;
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(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.
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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.
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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.
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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;
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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.
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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.
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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
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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
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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.
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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
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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).
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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.
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(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
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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.
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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
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
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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
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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:
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(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.
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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;
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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:
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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
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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).
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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.
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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).
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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;
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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.
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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.
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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.
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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.
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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.
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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.
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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
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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).
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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.).
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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.
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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.
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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:
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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.
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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).
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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.
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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.
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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.
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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
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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.
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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.
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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.
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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.
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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.
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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.
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.
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
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.
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.
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.
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.
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).
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).
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
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
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
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
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,
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.
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.
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.
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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.
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.
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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;
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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:
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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.
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
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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.
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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).
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).
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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).
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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.
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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.
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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.
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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.
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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.
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
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).
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.
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;
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.
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.
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.
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).
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).
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.
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.
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.
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).
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.
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.
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;
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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
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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;
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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.
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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
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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.
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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.
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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.
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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.
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3. Referral of Council Changes. In adopting any General Plan amendment which has been approved by the
Planning Commission, the Council shall not make any substantive changes or additions involving issues not
considered by the Planning Commission in their review until the proposed change or addition has been
referred to the Planning Commission for a report and the report has been filed with the Council. Failure of the
Planning Commission to report within 40 calendar days after the referral, or such longer period as may be
designated by the Council, shall be deemed to be approval of the change or addition.
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Chapter 17.132: Enforcement
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.
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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;
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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.
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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.”
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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.
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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.
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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.
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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.
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:
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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.
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.
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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
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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:
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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
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.
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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.
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
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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.
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.
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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.
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.
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.
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.
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.
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.
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
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.
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.
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).
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.
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.”
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
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.
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.
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
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.”
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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
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,
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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.
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.
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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.
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.”
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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.”
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.
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Major (Major Repair/Body Work). Major repair of automobiles, motorcycles, recreational vehicles, or trucks
including light-duty trucks (i.e., gross vehicle weights of less than 10,000 pounds) and heavy-duty trucks (i.e.,
gross vehicle weights of more than 10,000 pounds). Examples of uses include full-service motor vehicle repair
garages; body and fender shops; brake shops; machine shops, painting shops; towing services, and
transmission shops. Does not include vehicle dismantling or salvage (see “Salvage and Wrecking”) and tire
retreading or recapping.
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
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.
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.
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.
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.
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.
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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.
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”).
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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.
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.
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.
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
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.
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.
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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
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.
CITY OF SAN LUIS OBISPO
Title 17 – ZONING REGULATIONS
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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.
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.
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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.
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”.
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Title 17 – ZONING REGULATIONS
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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.
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”.
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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.
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.”
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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.
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.”
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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.”
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.”
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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.”
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.
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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.”