HomeMy WebLinkAboutO-1679 amending Title 17 (Zoning Regulations) of the Municipal Code associated with Accessory Dwelling Units and introducing Junior Accessory Dwelling UnitsORDINANCE NO. 1679 (2020 SERIES)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, AMENDING TITLE 17 (ZONING
REGULATIONS) OF THE MUNICIPAL CODE ASSOCIATED WITH
ACCESSORY DWELLING UNITS AND INTRODUCING JUNIOR
ACCESSORY DWELLING UNITS
WHEREAS, on October 9, 2019, the California legislature passed, and Governor Newsom
signed SB 13, AB 68, AB 670, and AB 881 to encourage development of accessory dwelling units
and junior accessory dwelling units; and
WHEREAS, the City of San Luis Obispo desires to update its Accessory Dwelling Unit
section and introduce a Junior Accessory Dwelling Unit section of Title 17, consistent with current
state law; and
WHEREAS, the Planning Commission of the City of San Luis Obispo conducted a public
hearing in the Council Hearing Room of City Hall, 990 Palm Street, San Luis Obispo, California,
on January 8, 2020, for the purpose of considering amendments to Title 17 (Zoning Regulations)
of the Municipal Code regarding accessory dwelling units and junior accessory dwelling units and
recommended approval of amendments to the Municipal Code with revisions; and
WHEREAS, the City Council of the City of San Luis Obispo conducted a public hearing
in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo, California, on February
4, 2020, for the purpose of considering amendments to the Municipal Code related to the regulation
of accessory dwelling units and junior accessory dwelling units (CODE-0821-2019); and
WHEREAS, the City Council of the City of San Luis Obispo conducted a public hearing
in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo , California, on February
18, 2020, and provided substantive modifications to the amendments to the Municipal Code related
to the regulation of accessory dwelling units and junior accessory dwelling units (CODE-0821-
2019); and
WHEREAS, the City Council finds that the proposed text amendments are consistent with
the General Plan, the purposes of the Zoning .Regulations, and other applicable City ordinances;
and
WHEREAS, notices of said public hearings were made at the time and in the manner
required by law; and
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of San Luis Obispo
as follows:
SECTION 1. Recitals . The above recitals are true and correct and are incorporated herein
as the findings of the Council by this reference.
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Ordinance No. 1679 (2020 Series) Page 2
SECTION 2. Section 17. 70.120 of the San Luis Obispo Municipal Code, entitled Lot
Coverage, is hereby amended to read as follows:
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
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: : 100 ft. balcony off j
! :.i ~ second floor
j :~ 50 s.f.
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j : hard surf ace I : not included
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• I i I
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breezeway
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roof eave
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lot area = 8,000 square feet
structures = 2, 100 square feet
lot coverage = 26%
B. Excluded from Lot Coverage. The following structures shall be excluded from the lot coverage
calculation:
1. Uncovered decks, porches, landings, balconies, and stairways that are 30 inches or less in
height, as measured from the adjacent existing grade.
Figure 3-11: Decks Excluded from Coverage
Included in
coverage
-~ Point where the /
deck exceeds 30 1n .
above ground level
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Ordinance No. 1679 (2020 Series) Page 3
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.
5. Up to 800 square feet of an accessory dwelling unit. Any additional square footage of an
accessory dwelling unit shall be included in lot coverage.
SECTION 3. Section 17.86.020 of the San Luis Obispo Municipal Code, entitled
Accessory dwelling units and guest quarters, is hereby amended to read as follows:
17.86.020-Accessory dwelling units, and junior 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 junior
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).
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, multi-unit residential dwellings,
or mixed-use development (per table 2.1 ), where a single-family structure, duplex
or multifamily structure is existing or proposed. The existing or proposed
residential dwelling is referred to as "primary unit" in this section. Accessory
dwelling units that conforms to this section shall not be considered a dwelling unit
for the purpose of calculating density.
c. No Subdivision of Property. No subdivision of property shall be allowed where
an accessory dwelling unit has been established and the resulting subdivision does
not maintain the primary residence on the same lot as the accessory dwelling
unit(s).
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d. 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 (if
applicable), restrictive covenants and other contractual agreements with the city
shall apply to the property and the new owners, except as allowed or prohibited by
state law.
e. Applicability of Building Codes. Accessory dwelling units shall conform to all
applicable building and construction codes.
3. Requirements on Lots with a Proposed or Existing Single-Family Structure or Duplex .
a. Unit Types Allowed. An accessory dwelling unit on a lot with a single-family
structure or duplex may be either attached or detached from the primary unit.
i. Attached: An attached accessory dwelling unit shall be either connected to
(by a minimum of one shared wall) or contained completely or partially within
the existing footprint of a single-family structure or duplex.
ii. Detached: A detached accessory dwelling unit shall be either new or
converted residential square footage that is not connected to the primary single-
family structure or duplex.
b. Size of Accessory Dwelling Unit. The gross floor area of an attached or detached
accessory dwelling unit shall be as follows:
i. Attached: The gross floor area of an attached accessory dwelling unit shall
be no less than 150 square feet and shall not exceed the lesser of the following:
50 percent of an existing primary unit's living area, or; 850 square feet for a
studio or one-bedroom unit, or; 1,000 square feet for a unit containing at least
two bedrooms.
ii. Detached: The gross floor area of a detached accessory dwelling unit shall
be no less than 150 square feet and shall not exceed 850 square feet for a studio
or one-bedroom unit , or 1,000 square feet for a unit containing at least two
bedrooms.
iii. An accessory dwelling unit that is entirely within the proposed space of a
single-family dwelling or existing space of a single-family dwelling or
accessory structure shall be no less than 150 square feet. An expansion of not
more than 150 square feet beyond the same physical dimensions as the existing
structure may be included if the expansion beyond the physical dimensions of
the existing structure is limited to accommodating ingress and egress. This does
not apply to duplexes.
c. Limitation on Number. Only one accessory dwelling unit is permitted per lot.
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4. Requirements on Lots with a Proposed or Existing Multifamily Structure Containing
Three or More Units .
a. Unit Types Allowed. An accessory dwelling unit on a lot with a multifamily
structure may be converted from existing square footage, or as new units detached
from the primary structure.
i. Converted Square Footage Units: Accessory dwelling units may be created
within the portions of existing multifamily structures that are not used as livable
space, including, but not limited to, storage rooms, boiler rooms, passageways,
attics, basements, or garages, if compliant with state building standards for
dwellings.
ii. New Detached Units: Accessory dwelling units may be created on a lot that
has an existing or proposed multifamily structure and must be detached from
the primary structure.
b. Size of Accessory Dwelling Unit. The gross floor area of an accessory dwelling
unit on a lot with a multifamily structure shall be no less than 150 square feet.
c . Limitation on Number. The number of accessory dwelling units shall be limited
to no more than 25 percent of the existing or proposed multifamily units but shall
not be less than the following per lot: 1) one unit that is converted from existing
square footage, or 2) two new detached units. No more than two detached units
shall be allowed per lot.
d . Lots with both a Multifamily Structure and Single-Family Structure or Duplex.
Provisions for accessory dwelling units on lots with multifamily structures cannot
be combined with provisions for lots with single-family structures or duplexes, or
vice versa.
5. 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, unless otherwise stated in this section
or prohibited by state law.
1. 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 an accessory
dwelling unit.
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iii. No setback shall be required for an existing permitted structure that is
converted to an accessory dwelling unit, or for an accessory dwelling unit
that is constructed in replacement of an existing permitted structure,
provided it is in the same location and has the same dimensions.
1v. A setback of no more than four feet from the side and rear lot lines shall be
required for an accessory dwelling unit.
v. Accessory dwelling units that include the creation of new square footage
shall be limited to 16 feet in height, with an exception for accessory
dwellings units that are constructed above an existing garage, which shall
be limited to 25 feet in height. Up to 150 square feet of new square footage
may be exempted from this requirement in connection to a conversion of
existing upper floor square footage, but only as needed to accommodate
ingress and egress .
vi. Architectural style and form shall match the style and form of the primary
residential structure( s) on the property.
vii. The materials of the accessory dwelling unit shall match the materials of the
primary residential structure( s) on the property.
viii. Accessory dwelling units shall not be required to provide fire sprinklers if
fire sprinklers are not required for the primary residence .
1x. No additional parking spaces shall be required for an accessory dwelling
unit. If a garage or car port is converted or removed to accommodate an
accessory dwelling unit, replacement parking is not required.
x. Exceptions to these design standards can be approved by the Director,
through Directors Action, subject to required findings (section 17.108.040).
b . 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.
c . 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 unit and payment of impact fees may be
required if the accessory dwelling unit is 750 square feet or more .
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6. 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
sixty 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. When an accessory dwelling unit is proposed with a new single-family,
duplex, or multifamily structure, this sixty-day requirement shall not apply.
7. No Short-Term Rental. An accessory dwelling unit cannot be rented for a period ofless
than 30 days. Homestay use of an accessory dwelling unit is prohibited.
8. Violations. Violation of any of the provisions shall be subject to basic code enforcement
action as provided in Title 1 of the Municipal Code.
9. Exceptions. The director may authorize an exception to the square footage standards to
allow an accessory dwelling unit up to 1,200 square feet through the director's action
process. No other exceptions to the provisions of this Section shall be approved, except as
provided in subsection B.5.a.x.
C. Junior Accessory Dwelling Units. The provisions in this Subsection shall apply to junior
accessory dwelling units as defined in Chapter 17.156 (Land Use Definitions) and where
allowed in compliance with Chapter 17.10 (Use Regulations).
1. Purpose. The purpose of this Chapter is to provide for the creation of junior accessory
dwelling units in a manner that is consistent with requirements identified in Government
Code Section 65852.22, 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 Junior Accessory Dwelling Units Are Allowed. Upon meeting the
requirements of this Section, junior accessory dwelling units may be established in
any zone where the use of the property is a single-unit dwelling, either existing or
proposed. A junior accessory dwelling unit may only be allowed on a lot with an
accessory dwelling unit if the accessory dwelling unit is detached from the single-
family structure.
c. Sale of Property. A junior accessory dwelling unit shall not be sold
independently of the primary dwelling on the parcel.
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Ordinance No. 1679 (2020 Series) Page 8
d. Location. A junior accessory dwelling unit must be created within the walls of
a proposed or existing primary dwelling. Conversion of an existing garage into a
junior accessory dwelling unit is not permitted by this section.
i. An expansion of not more than 150 square feet beyond the same
physical dimensions as the existing structure may be included if the
expansion beyond the physical dimensions of the existing structure is
limited to accommodating ingress and egress.
e. Size of Junior Accessory Dwelling Unit. The gross floor area of a junior
accessory dwelling unit shall not exceed 500 square feet.
f. Limitation on Number. Only one junior accessory dwelling unit, may be
located on any residentially zoned lot. A junior accessory dwelling unit may only
be located on a lot which contains one permitted single-family structure or in
connection to the construction of a single-family structure. One detached accessory
dwelling unit may also be located on the lot.
g. Applicability of Building Codes. Junior accessory dwelling units shall conform
to all applicable building and construction codes
3. Performance Standards and Compatibility.
a. Design Standards. Junior 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. A junior accessory dwelling
unit that conforms to this Section shall not be considered a dwelling unit for the
purpose of calculating density.
i. A separate exterior entry shall be provided to serve a junior accessory
dwelling unit.
iii. The interior connection to the main living area may be maintained or
removed.
iv. At a minimum, junior accessory dwelling units shall include an
efficiency kitchen, which shall contain a cooking facility, food preparation
counter, and storage cabinets.
v. Junior accessory dwelling units shall not be required to provide fire
sprinklers if fire sprinklers are not required for the primary residence.
vi. No additional parking spaces shall be required for a junior accessory
dwelling unit.
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Ordinance No. 1679 (2020 Series) Page 9
b. Utility Connection Fees. Where a junior accessory dwelling unit is created
no new utility connection or payment of impact fees shall be required.
c. Fire and Life Protection. For purposes of any fire or life protection
ordinance or regulation, a junior accessory dwelling unit shall not be considered a
separate or new dwelling unit.
4. Procedure Requirements. A junior 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 sixty days of receiving a complete application, the City shall
approve any such application which complies with all applicable requirements of this
Section.
5. Owner-Occupancy. The owner of the property shall occupy either the pnmary
residence or the junior accessory dwelling unit.
6. Covenant Agreement. Prior to the issuance of building permits for a junior accessory
dwelling unit, a covenant agreement shall be recorded which discloses the structure's
approved floor plan and status as an "junior accessory dwelling unit" and agreeing that the
owner of the property will occupy either the primary residence or the junior accessory
dwelling unit. This agreement shall be recorded in the office of the County Recorder to
provide constructive notice to all future owners of the property.
7. No Short-Term Rental. A junior accessory dwelling unit cannot be rented for a period
of less than 30 days. Homestay use of a junior accessory dwelling unit is prohibited.
8. Violations. Violation of any of the provisions shall be subject to basic code enforcement
action as provided in Title 1 of the Municipal Code.
D. 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.
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Ordinance No. 1679 (2020 Series) Page 10
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 0, 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.
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 the Interior standards for treatment of a historic property.
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Ordinance No. 1679 (2020 Series) Page 11
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. Owner's 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. (Ord. 1657 § 17, 2019;
Ord. 1650 § 3 (Exh. B), 2018)
SECTION 4. Section 17.156.004 of the San Luis Obispo Municipal Code, entitled A
Definitions, is hereby amended to read as follows:
17.156.004 -A Definitions
Accessory Dwelling Unit (ADU). An attached or detached dwelling unit that is no more than 1,200
square feet in size, provides complete independent living facilities for one or more persons, and is
located on a lot with a proposed or existing primary residence. An ADU includes permanent
provisions for living, sleeping, eating, cooking and sanitation on the same lot as a single-family or
multifamily structure is or will be situated. 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.
SECTION 5. Section 17 .156.022 of the San Luis Obispo Municipal Code, entitled J
Definitions, is hereby amended to read as follows:
17.156.022 -J Definitions
Junior Accessory Dwelling Unit (JADU). A unit that is no more than 500 square feet in size and
contained entirely within a single-family residence. A junior accessory dwelling unit may include
separate sanitation facilities or may share sanitation facilities with the existing structure.
SECTION 6. Sev erability. If any subdivision, paragraph, sentence, clause, or phrase of
this ordinance is, for any reason, held to be invalid or unenforceable by a court of competent
jurisdiction, such invalidity or unenforceability shall not affect the validity or enforcement of the
remaining portions of this ordinance, or any other provisions of the City's rules and regulations.
It is the City's express intent that each remaining portion would have been adopted irrespective of
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Ordinance No. 1679 (2020 Series) Page 12
the fact that any one or more subdivisions, paragraphs, sentences, clauses, or phrases be declared
invalid or unenforceable.
SECTION 7. Environmental Determination. The ordinance is exempt under Public
Resources Code Section 21080.17 that applies to local ordinances implementing State regulations
related to accessory dwelling units.
SECTION 8. Ordinance Number 1657 (2019 Series) is hereby amended and superseded
to the extent inconsistent herewith.
SECTION 9. A summary of this ordinance, together with the names of Council members
voting for and against, shall be published at least five (5) days prior to its final passage, in The
New Times, a newspaper published and circulated in this City. This ordinance shall go into effect
at the expiration of thirty (30) days after its final passage.
INTRODUCED on the 181h day of February 2020, AND FINALLY ADOPTED by the
Council of the City of San Luis Obispo on the 3rct day of March, 2020, on the following vote:
AYES:
NOES:
ABSENT:
ATTEST:
Teresa Purrington
City Clerk
Council Member Christianson, Pease, Stewart, Vice Mayor Gomez and
Mayor Harmon
None
None
IN WITNESS WHEREOF, I have hereunf o set my hand ~d~e official seal of the City
of San Luis Obispo, California, this \ 9 'I-\ day of (.\ , 2020.
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