HomeMy WebLinkAboutO-1705 approving clarification of Bee Keeping Regulations (Title 6); and an update to the City’s Zoning Regulations (Title 17)O 1705
ORDINANCE NO. 1705 (2021 SERIES)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, APPROVING CLARIFICATION OF BEE
KEEPING REGULATIONS (TITLE 6); AND AN UPDATE TO THE CITY’S
ZONING REGULATIONS (TITLE 17) OF THE MUNICIPAL CODE
INCLUDING AMENDMENTS TO IMPLEMENT SEVERAL 6th CYCLE
HOUSING ELEMENT POLICIES TO STREAMLINE DEVELOPMENT
REVIEW PROCESSES FOR CERTAIN HOUSING PROJECTS, PROVIDE
CONSISTENCY WITH THE UPDATED SAN LUIS OBISPO COUNTY
AIRPORT LAND USE PLAN, AND ADDITIONAL MISCELLANEOUS
CLEAN-UP ITEMS WITH AN EXEMPTION FROM ENVIRONMENTAL
REVIEW (CEQA) (ZONING REGULATIONS, CODE-0663-2021)
WHEREAS, on February 5, 2019, the City of San Luis Obispo adopted a
comprehensive update of the Zoning Ordinance (2018 Zoning Ordinance); and
WHEREAS, on March 3, 2020, The City of San Luis Obispo adopted a
comprehensive update of the Zoning Ordinance specifically to address consistency
regarding Accessory Dwelling Units due to recent state legislature; and
WHEREAS, after more than 18 months of implementation of the 2018 Zoning
Ordinance Update, a number of minor changes and corrections have been identified in
order to correct errors and omissions, cla rify confusing or ambiguous
language/references, and add clarification to development review processes to more
efficiently implement policies and programs of the City of San Luis Obispo’s General
Plan that are implemented through Zoning Regulations (Title 17); and
WHEREAS, the City Council of the City of San Luis Obispo conducted a public
hearing in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo,
California on November 17, 2020, for the purpose of final adoption of the sixth cycle
update to the General Plan Housing Element that included Program 5.5 that states,
“Update the Zoning Regulations to allow mixed -use development within Service
Commercial (C-S) and Manufacturing (M) zones without a use permit within one year of
the adoption of the Housing Element”; and
WHEREAS, the 6th Cycle Housing Element includes Program 8.18 that states,
“Review and amend the Zoning Regulations within one year of Housing Element adoption
to ensure compliance with: 1) the Supportive Housing Streamlining Act (AB 2162) to allow
supportive housing a use-by-right in zones where multi-family and mixed uses are
permitted, including nonresidential zones permitting multifamily uses, if the proposed
development meets specified criteria; and 2) AB 101, to allow Low Barrier Navigation
Centers by-right in all residential zones, areas zoned for mixed-uses, and nonresidential
zones permitting multifamily uses”; and
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WHEREAS, the 6th Cycle Housing Element includes Program 8.23 Update Zoning
Regulations, within one year of Housing Element adoption, to be consistent with the
Employee Housing Act; including: 1) an update of Table 2-1 to allow single-unit dwellings
without a Conditional Use Permit within the Open Space and Conservation (C/OS) zone
and employee housing consisting of no more than 36 beds in a group quarters, or 12 units
or separate rooms or spaces designed for use by a single -family or household within the
C/OS and AG zones, and 2) remove Chapter 17.148 - High-Occupancy Residential Use
Regulations”; and
WHEREAS, the Board of Supervisors of the County of San Luis Obispo, on May
26, 2021, adopted an update to the San Luis Obispo County Airport Land Use Plan and
the State Aeronautical Act (SAA) requiring timely action to make minor amendments to
the Zoning Ordinance (Title 17) for consistency; and
WHEREAS, the State of California Office of Housing and Community
Development, on September 3, 2021, certified the City of San Luis Obispo’s 6 th Cycle
General Plan Housing Element as in full compliance with State Law; and
WHEREAS, On July 20, 2021, the City Council asked staff for clarification of
Municipal Code provisions for the keeping of bees regarding desired agricultural
application; and
WHEREAS, the Planning Commission of the City of San Luis Obispo conducted a
public hearing via teleconference on October 13, 2021, for the purpose of recommending
the various amendments to implement programs of the 6th Cycle Housing Element,
ensure consistency with the San Luis Obispo County Airport Land Use Plan, and for
miscellaneous clean-up purposes to Title 6 and Title 17 of the Municipal Code; and
WHEREAS, the City Council of the City of San Luis Obispo conducted a public
hearing via teleconference on November 16, 2021, for the purpose of approving the
amendments to the Title 17 of the Municipal Code; and
WHEREAS, notices of said public hearings were made at the time and in the
manner required by law; and
WHEREAS, the City Council has duly considered all evidence, including the
testimony of the applicant, interested parties, and the evaluation and recommendations
by staff, presented at said hearing .
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of San Luis
Obispo as follows:
SECTION 1. Incorporation of Recitals. The City Council find that the foregoing
recitals and administrative report presented with this ordinance are true and correct and
are incorporated in the ordinance by this reference and adopted as the findings of the
City Council.
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SECTION 2. Findings. Based upon all the evidence, the City Council makes the
following finding:
1. The proposed amendments to Titles 6 and 17 will not cause significant health,
safety, or welfare concerns since the amendments are consistent with the
General Plan and directly implement City goals and polices.
2. The proposed amendments to Title 17 are also consistent with the 6th Cycle
Housing Element and implements many policies and programs including
programs 5.5, 6.23, 8.18 and 8.23. Additional follow up actions will be needed
in order to further implement Housing Element policies and programs not
addressed by this Zoning Code Update.
SECTION 3. Environmental Determination. The proposed amendments to the
Municipal Code Title 6 and 17 have been assessed in accordance with the authority and
criteria contained in the California Environmental Quality Act (CEQA), the state CEQA
Guidelines, and the environmental regulations of the City. Specifically, the proposed
amendments have been determined to be exempt from further environmental review
pursuant to CEQA Guidelines Section 15061(b)(3), the “Common Sense” exemption,
because the proposed action s will have no possibility of a significant effect on the
environment and will not cause impacts. In th is case, minor amendments to streamline
the development review process by allowing supportive and employee housing in
expanded districts, to reduce the number of public hearings required for housing projects
and to expand districts to allow mixed use proje cts, are consistent with State Law
requirements and the City’s 6th Cycle Housing Element and will not have an significant
effect and project specific environmental review will be required ; additionally, minor
amendments to regulations in Chapter 17.64 and Sections 17.10.020.D and 17.70.020
require continued referral of certain projects to the San Luis Obispo County Airport Land
Use Commission and clarify existing procedure and will not cause significant effects or
cause impacts; further, the minor amendments throughout Title 17 as outlined in the staff
memorandum to City Council on November 16, 2021 are included to provide for
grammatic correction, clarity, comprehensibility and internal and procedural consistency
and are not anticipated to have a significant effect on the environment or cause impacts,
and lastly, minor amendments to Title 6 to add limited provision for the keeping of bees
for agricultural purposes on lands zoned Agriculture or Conservation/Open Space , are
not anticipated to cause significant effect on the environment or cause impacts.
SECTION 4. Section 6.28.070 entitled “Bees Prohibited” is hereby amended to
read as follows:
Section 6.28.070 Bees Prohibited – Exception
No person, firm or corporation shall keep bees within the corporate limits; provided, that
nothing herein contained shall be deemed to apply to keeping of bees for the purpose of
study and observation in a hive or box, which is situa ted and kept within a school
building, or for agricultural purposes located within a Conservation/Open Space or
Agriculture zoning district.
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SECTION 5. Section 17.06.020 D, entitled “Table 1-1: Zones Established”, is
hereby amended to add “BP” and “Business Park” as a new, Nonresidential Zone; and
remove “AO” and “Airport Overlay” from “Overlay Zones”.
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
C-R Retail Commercial
C-T Tourist Commercial
C-S Service Commercial
M Industrial
BP Business Park
Overlay Zones
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
CBZ Cannabis Business Overlay Zone
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SECTION 6. Section 17.10.020.C, entitled “Primary and Accessory Uses”, is
hereby amended to read as follows:
C. Primary and Accessory Uses. Listed uses are primary uses. Accessory uses
are allowed only where a primary use is established , as defined in Section
17.158.046 (U Definitions). An accessory use may be allowed if it is listed as
an allowed or conditionally allowed use in Table 2-1 for the applicable zone.
Bars and Taverns, Live Entertainment, or other uses or activities as identified
in Article 4 (Regulations for Specific Land Uses and Activities), are not
considered accessory uses, unless specifically defined as accessory in Article
4 (Regulations for Specific Land Uses and Activities) or Article 9 (Definitions).
SECTION 7. Section 17.10.020.D, entitled “Airport Land Use Plan and Airport
Overlay Zone” is hereby amended to read as follows:
D. Airport Land Use Plan. Land Uses within the Airport Land Use Plan (ALUP)
boundaries shall be consistent with ALUP Table 4-5 (Airport Land Use
Compatibility Table) as identified in the Amended and Restated San Luis
Obispo County Regional Airport (SBP) Airport Land Use Plan. Properties within
Specific Plan areas that are also within the boundaries of the ALUP Airport
Influence Area (AIA), shall be reviewed for conformance with the standards of
their respective Specific Plans, which have received a determination of
consistency with the ALUP from the Airport Land Use Commission.
SECTION 8. Section 17.10.020 Table 2-1 entitled “Uses Allowed By Zone” is
hereby amended as reflected in EXHIBIT A.
SECTION 9. Section 17.16.020.A, entitled “Table 2-4: R-1 Zone Development
Standards” is hereby amended to include the addition of Parking Space requirements
for Enclosed and Unenclosed Parking Spaces to maintain consistency with Section
17.70.170.C.10., to read as follows:
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 also Figure 2-1: Street Side Setback on
Corner Lots.
Parking Spaces 20 feet See Section 17.70.170.C.10 (Enclosed and
Unenclosed Parking Spaces in Front and
Street Side Setback Prohibited)
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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)
SECTION 10. Section 17.18.020.A, entitled “Table 2-6: R-2 Zone Development
Standards” is hereby amended to include the addition of Parking Space requirements
for Enclosed and Unenclosed Parking Spaces to reference Section 17.70.170.C.10., to
read as follows:
Table 2-6: R-2 Zone Development Standards
Development Standard R-2 Zone Additional Regulations
Maximum Residential
Density
12 units/net acre
See also Section 17.70.040 (Density).
Regardless of the density calculation, at least
two density units shall be allowed on each
parcel; except this shall not apply to common
interest subdivisions.
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 also Figure 2-3: Street Side Setback on
Corner Lots.
Parking Spaces 20 feet See Section 17.70.170.C.10 (Enclosed and
Unenclosed Parking Spaces in Front and
Street Side Setback Prohibited)
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)
SECTION 11. Section 17.20.020.A, entitled “Table 2-8: R-3 Zone Development
Standards” is hereby amended to clarify the Maximum Residential Density and add
Parking Space requirements for Enclosed and Unenclosed Parking Spaces to reference
Section 17.70.170.C.10., to read as follows:
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Table 2-8: R-3 Zone Development Standards
Development Standard R-3 Zone Additional Regulations
Maximum Residential
Density
20 units/net acre See also Section 17.70.040 (Density).
Regardless of the density calculation, at least
three density units shall be allowed on each
parcel; except this shall not apply to common
interest subdivisions.
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
Parking Spaces 20 feet See Section 17.70.170.C.10 (Enclosed and
Unenclosed Parking Spaces in Front and
Street Side Setback Prohibited)
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)
SECTION 12. Section 17.22.020.A, entitled “Table 2-10: R-4 Zone Development
Standards” is hereby amended to include the addition of Parking Space requirements
for Enclosed and Unenclosed Parking Spaces to reference Section 17.70.170.C.10., to
read as follows:
Table 2-10: R-4 Zone Development Standards
Development Standard R-4 Zone Additional Regulations
Maximum Residential
Density
24 units/net acre
See also Section 17.70.040 (Density).
Regardless of the density calculation, at least
four density units 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 2-11: R-4 Zone Minimum Interior
Side and Rear Setbacks.
Corner Lot - Street Side 10 feet
Parking Spaces 20 feet See Section 17.70.170.C.10 (Enclosed and
Unenclosed Parking Spaces in Front and
Street Side Setback Prohibited)
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)
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SECTION 13. Section 17.24.020.A, entitled “Table 2-12: O Zone Development
Standards” is hereby amended to include the addition of Parking Space requirements
for Enclosed and Unenclosed Parking Spaces to reference Section 17.70.170.C.10., to
read as follows:
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 density units shall be allowed on each
parcel; except this shall not apply to common
interest subdivisions.
Minimum Setbacks
Front 15 feet See also Section 17.76.030 (Front Yard
Paving)
Interior Side and Rear See Section 17.22.020.B, Table 2-13: O Zone Minimum Interior
Side and Rear Setbacks.
Corner Lot - Street Side 15 feet
Parking Spaces 20 feet See Section 17.70.170.C.10 (Enclosed and
Unenclosed Parking Spaces in Front and
Street Side Setback Prohibited)
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)
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)
SECTION 14. Section 17.26.030, entitled “Additional Regulations” is hereby
amended to add a new subsection C entitled “Number of Parking Spaces Required in
the C-N Zone.”, to read as follows:
C. Number of Parking Spaces Required in the C-N Zone. See Section
17.72.030.C (Required Parking).
SECTION 15. Section 17.32.030, entitled “Additional Regulations” is hereby
amended to add a new subsection G entitled “Number of Parking Spaces Required in
the C-D Zone.”, to read as follows:
G. Number of Parking Spaces Required in the C-D Zone. See Section
17.72.030.D (Required Parking).
SECTION 16. Chapter 17.64, entitled “Airport (AOZ) Overlay Zone”, is hereby
removed from the San Luis Obispo Municipal Code in its entirety.
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SECTION 17. Chapter 17.70 entitled “Site Development and General
Development Standards” is hereby amended to add a new subsection Section
17.70.020 entitled “Airport Land Use Plan Consistency” and add Figure 3-1 “Airport
Land Use Plan Airport Influence Area (AIA)” (existing Figures 3-1 through 3-20 are
hereby relabeled as 3-2 through 3-21, respectfully, including all text references
throughout Title 17) to read as follows:
17.70.020 – Airport Land Use Plan Consistency
A. Requirement for Consistency. All projects including but not limited to
renovation, remodeling, new construction, or granting of any permits for land
uses or other activities, shall be consistent with the height, use, noise, safety, and
density criteria of the Amended and Restated San Luis Obispo County Regional
Airport (SBP) Airport Land Use Plan (ALUP).
B. Applicability. The requirement for consistency with the ALUP applies to all
projects within the boundaries of the Airport Influence Area (AIA) within City
limits. Properties within Specific Plan areas that are also within the boundaries of
the ALUP AIA shall be reviewed for conformance with the standards of their
respective Specific Plans, which have received a determination of consistency
with the ALUP from the Airport Land Use Commission.
Figure 3-1: Airport Land Use Plan Airport Influence Area (AIA)
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SECTION 18. Section 17.70.040.A.1, entitled “Density Calculation – General” is
hereby amended to read as follows:
1. Density Calculation – General. Density Units are calculated based on the
net area of a property subject to thresholds established per zone. 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:
SECTION 19. Section 17.70.040.A.2.a Table 3-1 entitled: “Table 3-1: Maximum
Residential Density for Cross-Slope Categories” is hereby amended to correct the
Maximum Density Allowed in R-3 Zones based on slope, to read 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 10 12 As allowed in the Zoning
Regulations for that zone.
21 – 25 2 4 7 8 As allowed in the Zoning
Regulations for that zone.
26+ 1 2 3 4 As allowed in the Zoning
Regulations for that zone.
SECTION 20. Section 17.70.050.B, entitled “Table 3-2: Edge Condition Zones”
is hereby amended to include “Business Park” in the list of Edge Condition Zones, to
read as follows:
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, BP
SECTION 21. Section 17.70.050.D.1, entitled “FAR Reduction” is hereby
amended to read as follows:
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 17.60, inclusive).
SECTION 22. Section 17.70.070.C.3, entitled “Driveway Gates” is hereby
amended to read as follows:
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 consistent with Section 12.38.040 (Parking and Driveway
Standards).
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SECTION 23. Section 17.70.120.A, entitled “Purpose and Application” is hereby
amended to read as follows:
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 b uildings, 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 17.60, inclusive.
SECTION 24. Section 17.70.130.D.1.a, entitled “Ground Floor Limitations” is
hereby amended to read as follows:
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
more than 50 percent of the ground floor space within the first 50 feet of floor
area measured from each building face adjace nt to a street toward the rear
of the building, with no more than 30 percent of the building frontage to be
occupied by residential uses.
SECTION 25. Section 17.70.150.A, entitled “Height” is hereby amended to clarify
internal consistency, to read as follows:
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, except as
allowed by Section 17.70.080 (Height Measurement and Exceptions).
SECTION 26. Section 17.70.150.B, entitled “Furniture” is hereby re pealed and
Subsections C and D entitled “Performance Standards” and “Edge Conditions” are hereby
reclassified as subsections B. and C. respectively.
SECTION 27. Section 17.70.170.C.6, entitled “Mechanical Equipment” is hereby
amended for internal consistency with Chapter 9.12 (Noise Control) and reads as follows:
1. Mechanical Equipment. Mechanical equipment shall comply with required
setbacks, with the following exceptions:
a. Ground mounted heating and air conditioning equipment, and tankless
water heaters shall be setback not less than 30 inches from the side and
rear property lines and shall comply with Chapter 9.12 (Noise Control) of
the Municipal Code.
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.
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SECTION 28. Section 17.70.170.D.1.b, entitled “Reduced Front or Street Side
Setback for New Structure Providing Additional Creek Setback.” is hereby amended to
read as follows:
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 17.60, inclusive.
SECTION 29. Section 17.72.020.C, entitled “Parking Calculations” is hereby
amended to add new subsection 3., entitled “Accessory Uses”, to read as follows:
3. Accessory Uses. If a primary use includes accessory uses that generate
higher parking requirements than the primary use, such as an accessory bar or
tasting room to a brewery or other uses or activities as identified in Article 4
(Regulations for Specific Land Uses and Activities), the Director may require
that the accessory activity provide parking in accordance with Table 3 -4
(Parking Requirements by Use) in addition to the parking required for the
primary use. Accessory offices shall not require additional parking, unl ess
stated otherwise.
SECTION 30. Section 17.72.030 Table 3-4 entitled “Parking Requirements by Use”
is hereby amended to remove line item titled “Handicraft Manufacturing” under “Public
and Assembly Uses” from the Table 3-4.
SECTION 31. Section 17.72.030 Table 3-4 entitled “Parking Requirements by Use”
is hereby amended to add language to the “Number of Off-Street Parking Spaces
Required” for “Religious Assembly Facilities” to read as follows:
Table 3-4: Parking Requirements by Use
Type of Land Use Number of Off-Street Parking Spaces Required
PUBLIC AND ASSEMBLY USES
Religious Assembly Facilities 1 space per 100 sf in largest assembly room
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SECTION 32. Section 17.72.030 Table 3-4 entitled “Parking Requirements by
Use” is hereby amended to remove language from the “Type of Land Use” entitled
“Food Preparation” to read as follows:
Table 3-4: Parking Requirements by Use
Type of Land Use Number of Off-Street Parking Spaces Required
COMMERCIAL USES
Food Preparation 1 space per 1,500 sf
SECTION 33. Section 17.72.050.C.1, entitled “Criteria for Approval” is hereby
amended to read as follows:
1. Criteria for Approval. The review authority may only approve a request for
reduced parking if it finds that:
SECTION 34. Section 17.72.050.C.3, entitled “Reduction Rates” is hereby
removed, including its subsections a. and b., current subsection 4. entitled “Vehicle Trip
Reduction Plan” is now reformatted as subsection 3 , to read as follows.
3. 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.
SECTION 35. Section 17.72.050, entitled “Parking Reductions” is hereby
amended to add new subsection F., entitled “Bicycle and Motorcycle Parking Reduction
Rates” to read as follows:
F. Bicycle and Motorcycle Parking Reduction Rates. The review authority may
consider the following rates for parking reductions:
1. One car space for each five motorcycle spaces provided in excess of
required parking spaces, up to a 10 percent reduction, reductions gr eater
than 10 percent shall comply with subsection C of this section.
2. One car space for each five bicycle spaces provided in excess of required
parking, up to a 10 percent reduction, reductions greater than 10 percent
shall comply with subsection C of this section. 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 provided for long-term storage.
SECTION 36. Section 17.72.060.A, entitled “Nonconforming Parking” is hereby
amended to read as follows:
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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 th e reconstruction of an existing
building when there is less than 10 percent increase in floor area.
SECTION 37. Section 17.72.070.A, entitled “Applicability” is hereby amended to
remove subsection 2., including associated subsections a. and b., respectfully:
SECTION 38. Section 17.72.090.B.1, entitled “Residential Uses” is hereby
amended to remove reference to nonresidential, to read as follows:
1. Residential Uses. Required parking spaces serving residential 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.
SECTION 39. Section 17.76.040, entitled “Front Yard Parking” is hereby
amended to add new subsection E. to read as follows:
E. Legal Non-Conforming Front Yard Parking. In cases where permits have
been granted to allow parking in the front yard area that is not in c onformance
with subsection B of this Section; Or, in cases where evidence has been
provided that the pavement surfacing has been constructed for the purposes
of parking a vehicle in compliance with Section 12.38.040 (Parking and
Driveway Standards) prior to the adoption of Ordinance No. 941 (1982 Series)
establishing Section 17.70.170.C, such parking shall be considered a legal
non-conforming use, and may continue.
SECTION 40. Section 17.76.060.B, entitled “Trash Receptacles” is hereby
amended to read as follows:
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, and as stated below:
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 located within the C-D zone shall be removed before 10:00 am
following pickup.
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Trash, green waste, and recycling rece ptacles 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.
SECTION 41. Section 17.76.090, entitled “Rooftop Uses”, is amended to be
retitled as “Roofs”. Subsections A. and C. are hereby removed from this section and
existing subsection B. is reformatted as subsection A. to read as follows:
17.76.090 – Roofs
A. Furniture. No furniture or equipment, including chairs, mattresses, couches,
recreational furniture, or other materials may be placed on any roof, patio cover,
carport, shed top, or similar structure, except for the following :
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.
SECTION 42. Section 17.76.100.A, entitled “Screening of Visible Storage and
Maintenance” is hereby amended to read as follows:
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 a solid six-
foot-high fence, wall, or hedge where such fence, wall, or hedge is otherwise
allowed by zoning and building codes.
SECTION 43. Section 17.76.100.A.4, entitled “Exceptions” is amended to provide
additional language to subsection f. to read as follows:
f. Barbecues and furniture that is designed and intended for outdoor use
(“Outdoor Furniture” as defined in Section 17.158) may remain on a porch or in
a walled front patio where the walls are designed in compliance with fence
height regulations. Recreational furniture, including but not limited to, gaming
tables such as ping-pong tables, billiards tables, and foosball tables, are not to
remain in front yards when not actively being used, even if designed and
intended for outdoor use.
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SECTION 44. Section 17.86.020, entitled “Accessory Dwelling Units, and Junior
Accessory Dwelling Units, and Guest Quarters” is hereby repealed and replaced 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, 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 expa nd 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. 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).
c. 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.
d. Applicability of Building Codes. Accessory dwelling units shall
conform to all applicable building and construction codes.
3. Specific Requirements and Standards.
a. Zones Where Allowed. An accessory dwelling unit can be created in
the AG, C/OS, R-1, R-2, R-3, R-4, or O (Office) zone on lots with an
existing or proposed residential structure. For the purposes of this
section, structures that contain both commercial and residential uses are
not considered residential structures.
b. Size of Accessory Dwelling Unit. The gross floor area of an 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 two or more bedrooms.
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(1) 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. In the R -1 zone, this
exception can only be approved on lots that are at least 12,000
square feet in area. In all other zones, exceptions shall be based
on compatibility with the development pattern of the neighborhood.
c. Limitation on Number. Only one accessory dwelling unit is permitted
per lot.
d. 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.
(2) 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 including height.
(3) A setback of no more than four feet from the side and rear lot lines
are required for an accessory dwelling unit, for walls up to 16 feet
in height.
(4) Accessory dwelling units that include the creation of new square
footage shall be limited to sixteen feet in height. Up to one hundred
fifty 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.
i. In order to provide additional design options for accessory
dwelling units, units that include the creation of new square
footage can be constructed up to twenty-five feet in height if
consistent with the setback standards provided in Article 2
(Zones, Allowable Uses and Development and Design
Standards).
(5) Architectural style and form shall match the style and form of the
primary residential structure(s) on the property.
(6) The materials of the accessory dwelling unit shall match the
materials of the primary residential structure(s) on the property.
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(7) The minimum required setback for any balcony or terrace above
the first floor shall be increased to 10 feet from the adjacent
property line(s). Upper level private or common open space areas
provided as accessory to an accessory dwelling unit shall not
exceed an aggregate area of 50 square feet . Roof decks or
rooftop open spaces are prohibited.
(8) Exceptions to these design standards can be approved by the
director, through director’s action, subject to req uired findings
(Section 17.108.040).
e. Fire Sprinklers. Accessory dwelling units shall not be required to
provide fire sprinklers if fire sprinklers are not required for the primary
residence.
f. Parking Requirements. 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.
g. Historic Resources. Accessory dwelling units on listed historic
properties and in historic districts shall be consistent with the historic
preservation ordinance, including historic preservation guidelines and
Secretary of the Interior standards for the treatment of historic
properties.
h. 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 seven hundred fifty square feet or more. New
accessory dwelling units located in sewer capacity constrained areas
are subject to Municipal Code Section 13.08.396 (Wastewater Flow
Offset).
i. Additional Accessory Dwelling Unit Types. Accessory dwelling units
that are consistent with Government Code Section 65852.2(e) will
receive ministerial approval. The provisions of Government Code
Section 65852.2(e) cannot be combined with other accessory dwelling
unit provisions of Section 17.86.020 and no exceptions are available for
projects subject to Section 65852.2(e). Building Permit applications to
create accessory dwelling units consistent with Government Code
Section 65852.2(e) shall clearly be labeled as such (e.g., “ADU-e”). In
connection to the provision of Government Code Section 65852.2(e),
multifamily dwelling structures shall be defined in accordance with
Government Code Section 65589.5(h)(2).
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4. Procedural 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.
a. 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 within a new residenti al
structure, this sixty-day requirement shall only apply once all other
aspects of the permit are approved.
b. Building permit applications for accessory dwelling units on lots
containing an existing primary dwelling or dwellings shall not include
other changes or improvements to the property unless those
improvements are required to facilitate the creation of the accessory
dwelling unit.
5. No Short-Term Rental. An accessory dwelling unit cannot be rented for a
period of less than thirty days. Homestay use of a n accessory dwelling unit
is prohibited.
6. Violations. Violation of any of the provisions of this chapter shall be subject
to basic code enforcement action as provided in Title 1.
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.
c. Sale of Property. A junior accessory dwelling unit shall not be sold
independently of the primary dwelling on the parcel.
d. Location. A junior accessory dwelling unit must be created within the
walls of a proposed or existing primary dwelling.
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(1) Conversion of an existing garage into a junior accessory dwelling unit
shall only be permitted if replacement parking is provided consistent
with Sections 17.70.170 (Setbacks) and 17.76.040 (Front Yard
Parking). No setback exception shall be approved to accommodate
replacement parking.
e. Size of Junior Accessory Dwelling Unit. The gross floor area of a
junior accessory dwelling unit shall not exceed five hundred 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 that contains one permitted single-family
structure or in connection with the construction of a single-family
structure. A junior accessory dwelling unit may be located on the same
lot as an accessory dwelling unit under one of the following
circumstances:
(1) The accessory dwelling unit was constructed at the same time as the
single-family residence.
(2) The accessory dwelling unit was created through the conversion of
existing space within a single-family residence or accessory
structure.
(3) The accessory dwelling unit, either new or existing, is a detached
unit, and the detached accessory dwelling unit is no larger than 800
square feet, no taller than sixteen feet in height, and has setbacks of
no less than four feet from side and rear lot lines.
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 and
shall be subject to the provisions below. A junior accessory dwelling unit
that conforms to this section shall not be considered a dwelling unit for
the purpose of calculating density.
(1) A separate exterior entry shall be provided to serve a junior
accessory dwelling unit.
(2) The interior connection to the main living area may be maintained or
removed.
(3) At a minimum, junior accessory dwelling units shall include an
efficiency kitchen, which shall contain a cooking facility, food
preparation counter, and storage cabinets.
(4) Junior accessory dwelling units shall not be required to provide fire
sprinklers if fire sprinklers are not required for the primary residence.
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(5) No additional parking spaces shall be required for a junior accessory
dwelling unit.
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. Procedural 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.
a. Within sixty days of receiving a complete application, the city shall
approve any such application which complies with all applicable
requirements of this section.
b. Building permit applications for junior accessory dwelling units on lots
containing an existing single-family residence shall not include other
changes or improvements to the property unless those improvements
are required to facilitate the creation of the junior accessory dwelling
unit.
5. Owner Occupancy. The owner of the property shall occupy either the
primary 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 a “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 thirty days. Homestay use of a junior accessory
dwelling unit is prohibited.
8. Violations. Violation of any of the provisions set forth in this chapter shall
be subject to code enforcement action as provided in Title 1.
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 in accordance with Section 17.70.010 (Accessory
Structures).
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).
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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. Only
one guest quarters may be permitted per property.
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 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 u sed
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.”
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4. Procedural Requirements. Prior to filing building plans with the city
building division, the following shall be met:
a. Design Review. All requests shall be reviewed for consistency with the
city’s community design guidelines and this section. 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.
b. 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 prope rty. 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.
c. 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. (Ord. 1679 § 3, 2020:
Ord. 1657 § 17, 2019; Ord. 1650 § 3 (Exh. B), 2018)
SECTION 45. Section 17.86.050, entitled “Alcoholic Beverage Sales – Bar, Live
Entertainment, Late Night Service” is hereby retitled as “Alcoholic Beverage Sales-Bars
and Restaurants with Late Night Alcohol Service” and Sections 17.86.050.A, and Section
17.86.050.B.1 through B.5 (subsections B.6 through B.8 and subsections C and D remain
as written) are amended as follows:
17.86.050 – Alcoholic Beverage Sales – Bars and Restaurants with Late Night
Alcohol Service
A. Purpose and Applicability. The provisions in this Section shall apply to
Eating and Drinking Establishments – Bars 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.
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B. Alcohol Outlet Operational Requirements. The following standards shall
apply to all Alcohol Outlets:
1. Noise. The proposed use shall operate in conformance with the City Noise
Ordinance (M.C. Chapter 9.12, Noise Control) to maintain co mpatibility 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, unless otherwise specified by the Use Permit. 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 sha ll 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.
SECTION 46. Section 17.86.100.B, entitled “Permits Required” is hereby
amended to add Subsection 17.86.100.B.4 to read as follows:
4. 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 e xclusive use of
employees, day care is allowed by right, providing the primary use meets City
parking standards.
SECTION 47. Section 17.86.100.D, entitled “Day Care as an Accessory Use” is
hereby removed and Subsection 17.86.100.E, entitled “Exceptions” is renumbered as
17.86.100.D, to read as follows:
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D. 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.
SECTION 48. Section 17.86.110, entitled “Electronic Game Amusement Centers”
is hereby removed from the San Luis Obispo Municipal Code.
SECTION 49. Section 17.86.120.B.3, entitled “Duration and Hours of Operation”
is hereby amended to read as follows:
3. Hours of Operation. No food truck shall operate before 6:00 am or after
11:00 pm, including set up and clean up.
SECTION 50. Section 17.86.160.D, entitled “Performance Standards” is hereby
amended to read as follows:
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 adults. 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. Homestays shall not be permitted within Recreational Vehicles
or within Accessory Dwelling Units.
7. Any advertisements for the homestay shall include the business license
number. Onsite advertising of the homestay is prohibited.
SECTION 51. Section 17.86.210.E, entitled “Recreational Vehicles as Tiny
Houses in Residential Zones.” is hereby amended to read as follows:
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E. Recreational Vehicles as Tiny Houses in Residential Zones. Moveable tiny
houses shall be considered an additional type of accessory structure, allowed
as an accessory use to single-unit residential dwelling unit, however,
moveable tiny houses are not identified as accessory dwelling units and are
not subject to the provisions of Government Code, Section 65852.2. A
moveable tiny house that meets the definition in this subsection may be built
and occupied as accessory to a single-unit residence, subject to the Director’s
review and approval of a Director’s Action application if it complies with the
standards of this subsection.
1. Development Standards. Moveable tiny houses shall conform with the
requirements under Section 17.70.010 (Accessory Structures), including
but not limited to setbacks, height, and other applicable zoning
requirements of the zone in which the site of the proposed moveable tiny
house is located, except as modified by this subsection.
a. Number. No parcel may contain more than one moveable tiny house at
a time. No parcel may contain both a moveable tiny house and a
conventional accessory dwelling unit.
b. Renewal. The approval of a movable tiny home shall expire after five
years from the date of approval, unless the property owner submits a
time extension application prior to the expiration of the permit. The
Director may renew the approval of a movable tiny home for a period of
up to five years upon receipt of a complete application and completio n
of an inspection by the City to confirm continued compliance with the
standards in this section.
c. Maintenance. The site shall be maintained as set forth in Chapter 17.76
(Property Maintenance Standards).
d. Location. The moveable tiny house shall be locate d toward the rear of
the property.
e. Size. The maximum square footage or habitable floor space for a
moveable tiny house shall be 400 square feet, as measured by exterior
wall dimensions (lofts shall not be counted toward the maximum square
footage). The moveable tiny house shall have at least 100 square feet
of first floor interior living space.
f. Replacement Parking. Where a moveable tiny house occupies a
required parking space, a replacement parking space is required. A
replacement parking space may be located in any configuration on the
same lot as the moveable tiny house, including but not limited to covered
spaces, uncovered spaces, or tandem spaces. Parking shall be
permitted only in those locations specified in these Zoning Regulations.
g. Design. The design of a tiny house shall resemble the general
appearance, siding, and roofing of a traditional home.
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h. Energy Efficiency. Applications submitted for tiny houses shall
demonstrate that the tiny home has been constructed to exceed ANSI
energy standards through one of the following methods:
i. Include insulation with values of R13 for the walls and R19 for the
floor and ceiling; or
ii. Ensure that the stud/joist/rafter space in the walls, floors and ceiling
are completely filled with insulation.
2. Parking Spaces. Moveable tiny houses shall not require additional parking.
3. Mechanical Equipment. All mechanical equipment for a moveable tiny
house shall be incorporated into the structure and shall not be located on
the roof, except for solar panels.
4. Utility Connections and Requirements. Moveable tiny houses shall not
require separate utility meters from the primary unit. Moveable tiny houses
may be off-grid and not connected to one or more utility systems, but only
if the applicant provides sufficient proof, to the satisfaction of the Director
and the Building Official, that the moveable tiny house has adequate, safe,
and sanitary utility systems providing water, sewer, heating, cooling, and
electric power. Gas connections and use of propane tanks are prohibited.
5. Addresses. Moveable tiny houses shall not have separate street
addresses from the primary unit.
6. Foundation Requirements. Once sited on the parcel of the primary unit,
moveable tiny houses shall meet the following foundation requirements:
a. The moveable tiny house shall not have its wheels removed, and all
wheels and leveling/support jacks shall sit on a concrete, paved, or
compacted gravel surface sufficient to support its weight.
7. Emergency and Rescue Openings. Moveable tiny houses shall meet the
requirements of Section R310 of the California Building Code for emergency
escape and rescue openings. Egress roof access windows in lofts used a s
sleeping rooms shall be deemed to meet this requirement if installed such
that the bottom of the opening is not more than 44 inches above the loft
floor, provided the egress roof access window complies with the minimum
opening area requirements of California Building Code Section R310.2.1.
8. Procedural Requirements. A Director’s Action application shall be
required to establish a moveable tiny house, an applicant for a moveable
tiny house shall submit proof that:
a. The proposed moveable tiny house is licensed and registered with the
California Department of Motor Vehicles;
b. The proposed moveable tiny house has been certified by a qualified
third-party inspector as meeting ANSI, 119.2 or 119.5 requirements or
comparable standards, or was built to meet ANSI 119.2 or 119.5
requirements as demonstrated by sufficient evidence satisfactory to the
Director; at a minimum this inspection shall verify that the unit is in good
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working order for living, sleeping, eating, cooking, and sanitation,
including the absence of any exterior shell water leaks;
c. The applicant is the property owner, or has sufficient written permission
from the property owner, of the intended location of the proposed
moveable tiny house;
d. Prior to the issuance of building permits, a covenant agreement shall be
recorded which discloses the structure’s approved floor plan and status
as a movable tiny home and agreeing that the property will be owner -
occupied. This agreement shall be recorded in the office of the County
Recorder to provide constructive notice to all future owners of the
property. The covenant agreement also may contain authorization for
annual inspections for compliance with the agreement and to verify
continued compliance with requirements of this Section and health and
safety codes. If a property can no longer be occupied as the owner’s
primary place of residence, the movable tiny home shall no longer be
used as overnight sleeping quarters.
SECTION 52. Section 17.86.260.B.5, entitled “Other Temporary or Intermittent
Uses and Special Events.” is hereby amended to read as follows:
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 , without a
public hearing.
SECTION 53. Section 17.86.290.B., entitled “Exempt Facilities” is hereby
amended to add new subsection 5. to read as follows:
5. A Collocation, or Modification of a Pole, Tower or Support Structure or
Replacement of a Pole, for Collocation of a Communications Facility, that
qualifies as an "Eligible Facilities Request." An "Eligible Facilities Request"
means an eligible facilities request as set forth in 47 C.F.R. Section
1.40001(b)(3).
SECTION 54. Section 17.92.020, entitled “Limits on Reconstruction – Exceptions”
is hereby amended to read as follows:
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.
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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. Exceptions to the above provisions 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 consistent with the
Historic Preservation Guidelines and Community Design Guidelines, as
determined by the Director.
4. 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.
c. There no longer exists a zone in which the existing nonconforming use
is permitted.
C. Changes to 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. 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.
E. Decisions of the Chief Building Official regarding replacement cost may be
appealed to the Council.
F. Additions to nonconforming structures that further the intent of this Chapter may
be permitted through a Director’s Action, subject to a finding of consistency with
the intent of this Chapter as follows:
1. Additions conform to current building codes, Zoning Regulations, and
design guidelines, where the addition and associated modifications do not
result in demolition of the existing structure, as defined in Section
17.158.012 (D Definitions).
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2. The Director may allow certain setbacks to be re duced to zero in some
instances for minor additions to existing legal nonconforming structures
(see Section 17.70.170(D)(2)(d)).
SECTION 55. Section 17.102.010, entitled “Purpose and Intent” is hereby
amended to read as follows:
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 app lications and identifies and describes those
discretionary permits and other approvals required by these Zoning Regulations.
SECTION 56. Section 17.102.020.A.1, entitled “Affordable Housing Incentives” is
hereby amended to read as follows:
1. Affordable Housing Incentives. An action authorizing a residential density
bonus that includes an alternative or additional incentive in compliance with
Chapter 17.140 (Affordable Housing Incentives).
SECTION 57. Section 17.102.020.B.3, entitled “Director’s Hearing on Various
Permits” is hereby amended to read as follows:
3. Director’s Hearing on Various Permits. A quasi-judicial action authorizing
the construction or alteration of specific development projects 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).
SECTION 58. Section 17.102.020.C.6, entitled “Planning Commission Hearing on
Various Exceptions and Special Development Projects” is hereby amended to read as
follows:
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 and as otherwise called for in these Zoning Regulations.
A public hearing is required in compliance with Chapter 17.122 (Public Notices
and Hearings).
SECTION 59. Section 17.102.020.D Table 6-1, entitled “Table 6-1: Review
Authority” is hereby removed from the San Luis Obispo Municipal Code.
SECTION 60. Section 17.102.020.E.2, entitled “Concurrent Processing” is hereby
amended to read as follows:
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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, instead of the Director
being the final decision-making authority for the Moderate Development
Review project.
SECTION 61. Section 17.104.010, entitled “Purpose and Authority for Land Use
and Planning Decisions” is hereby amended to remove Subsection 17.104.010.B and
renumber Subsection 17.104.010.C as Subsection 17.104.010.B, respectfully, to read as
follows:
B. 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.
SECTION 62. Section 17.106.010, entitled “Purpose and Intent” (associated
subsections A. through H. shall remain as written) is hereby amended to read as follows:
17.106.010 – Purpose and Intent
The purpose of this Chapter is to provide a process for the appropriate review of
development projects to ensure that all approved site and structural development:
SECTION 63. Section 17.106.020, entitled “Applicability” is hereby amended to
read as follows:
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.
1. Cultural Heritage Committee Review. Notwithstanding subsection C of
this section and Section 17.106.030 (Levels of Development Review)
certain projects may require review by the Cultural Heritage Committee in
accordance with Municipal Code Section 14.01 (Historic Preservation).
B. Enlargements and Modifications. For the purposes of this Chapter, the term
“significantly enlarge or modify” shall be measured from the increase in gross
floor area 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.
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2. Nonresidential Enlargement or Modification. Nonresidential
enlargement, modification, reconstruction, rehabilitation, or remodel
resulting in an increase in gross floor area equal to or exceeding 25 percent
of the existing gross floor area of the structure or more than 2,500 square
feet, whichever is less, before the construction.
3. Mixed Use Development. Mixed use development enlargement,
modification, reconstruction, rehabilitation, or remodel resulting in increase
in gross floor area equal to or exceeding 25 percent of the existing gross
floor area of the structure or more than 2,500 square feet, whichever is less,
before the construction.
C. Exceptions. The following types of projects are exempt from the Levels of
Development Review:
1. Accessory Structures as defined in Section 17.70.010 (Accessory
Structures);
2. Accessory Dwelling Units, Junior Accessory Dwelling Units, and Guest
Quarters as defined in Section 17.86.020 (Accessory Dwelling Units , Junior
Accessory Dwelling Units, and Guest Quarters);
3. Housing development projects which qualify under Chapter 17.69
(Objective Design Standards for Qualifying Residential Projects);
4. Single-Unit Dwellings as defined in Section 17.156.038 (S Definitions) and
minor or significant additions or modifications to existing single-unit
dwellings, except as identified in Section 17.106.030.B.1 of this Chapter;
5. Small residential development projects that consist of the construction,
minor or significant additions, rehabilitation or remodel of less than five
dwellings, where the gross floor area of each individual dwe lling does not
exceed one thousand two hundred square feet, except as identified in
Section 17.106.030.B.1 of this Chapter;
6. Aesthetically insignificant projects which include modifications, additions,
reconstruction, rehabilitation, or remodel of existing structures or other site
features, that are not defined as a significant enlargement or modification,
and have no potential for conflict with the objectives of development
review as identified in Section 17.106.010 (Purpose and Intent).
SECTION 64. Section 17.106.030, entitled “Levels of Development Review” is
hereby amended to read as follows:
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;
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1. New single-unit residence and significant additions to an existing single-unit
residence as described in Section 17.106.020 (Enlargements and
Modifications), or small residential development projects where:
a. Architectural review is required as a condition of a subdivision approval,
use permit, or other discretionary entitlement;
b. The Director determines that the site is a “sensitive site” as set forth in
the Architectural Review Commission’s procedures manual;
c. The project site is within or along a creek or waterway, as identified in
the City’s General Plan Open Space Element
d. The project site is located on a parcel having an average natural slope
gradient of 16 percent or more;
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. Multi-unit residential/mixed-use developments 10 units or less, which are
not defined to be a “small residential development project”;
4. Nonresidential/Mixed-use development with less than 2,500 gross square
feet of new construction;
5. Minor or incidental building addition or remodel, which is not considered
exempt under Section 17.106.020.C and is not considered a significant
enlargement or modification to a previously approved project, as described
in Section 17.106.020 (Enlargements and Modifications).
C. Moderate. Moderate Development Review is a discretionary Director-level
review process that includes public notice with a public hearing before the
Architectural Review Commission, including but not limited to;
1. Multi-unit residential/mixed-use developments between 11 and 49 units;
2. New single-unit developments between 11 and 49 units;
3. Nonresidential/mixed-use development with 2,500 to 10,000 gross square
feet of new construction;
4. Building addition or remodel, that is not considered minor or incidental or 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 a recommendation from Architectural Review
Commission and public notice with a public hearing conducted as is required
for all Planning Commission actions.
1. Multi-unit residential/mixed-use developments with 50 units or more;
2. New single-unit developments with 50 units or more;
3. Nonresidential/mixed-use development with more than 10,000 gross
square feet of new construction;
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4. Significant additions and new construction of principal buildings in the C-D
zone;
5. Any development project for which an Environmental Impact Report is
required.
SECTION 65. Section 17.106.040, entitled “Recommendations from Advisory
Bodies” subsection A.2 (associated subsections a. and b. remain as written) is hereby
amended to read as follows:
2. For Major Development Review, the Architectural Review Commission shall
conduct a public hearing and make a recommendation to the Planning
Commission by forwarding its recommendation through the Director . The
Director shall have the authority to either:
SECTION 66. Section 17.108.010, entitled “Purpose and Intent” is hereby
amended to read as follows:
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
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.
SECTION 67. Section 17.108.020, entitled “Applicability” is hereby removed from
the San Luis Obispo Municipal Code.
SECTION 68. Section 17.108.040 A, entitled “Required Findings” subsection 4. is
hereby amended to read as follows:
4. While site characteristics or existing improvements make strict adherence to
the Zoning Regulations impractical or infeasible, or the project nonetheless
conforms with the intent of these Regulations.
SECTION 69. Section 17.109.020, entitled “Applicability” is hereby removed from
the San Luis Obispo Municipal Code.
SECTION 70. Section 17.110.070, entitled “Required Findings” subsection A.2. is
hereby amended to read as follows:
2. The proposed use is allowed or conditionally allowed within the applicable zone
and complies with all other applicable provisions of these Zoning Regulations
and the Municipal Code;
SECTION 71. Section 17.110.080, entitled “Requirement for and Compliance with
Use Permits” subsection A. is hereby amended to read as follows:
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A. The modification or addition to a use requiring Use Permit approval shall itself
be subject to Use Permit approval. 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.
SECTION 72. Section 17.113.010.B, entitled “Applicability” subsection 3., is
hereby amended to read as follows:
3. Garage and yard sales involving the sale of personal property conducted in a
residential zone consistent with Section 17.86.190.C (Garage and Yard Sales).
SECTION 73. Section 17.120.020.B, entitled “Duties and Authority” subsection 2.
is hereby amended to read as follows:
2. Perform the duties and functions prescribed in these Zoning Regulations,
including the review of administrative development projects, in compliance with
these Zoning Regulations, Government Code Section 65901 et seq., and the
California Environmental Quality Act (CEQA);
SECTION 74. Chapter 17.120, entitled “Administrative Responsibility” is hereby
amended add a new Section 17.120.045, entitled “Cultural Heritage Committee” to read
as follows:
17.120.045 – Cultural Heritage Committee
The Cultural Heritage Committee shall have the duties and authority as established in
Chapter 14.01.030 (Historic Preservation Ordinance) of the Municipal Code.
SECTION 75. Section 17.120.050.C, entitled “Compliance” is hereby amended to
read as follows:
C. Compliance. The above-listed functions shall be performed in compliance with
these Zoning Regulations, and the California Environmental Quality Act
(CEQA).
SECTION 76. Chapter 17.124, entitled “Amendments – Zoning Regulations and
Zoning Map” is hereby amended to add a new Section 17.124.050 entitled “Other
Requirements” to read as follows:
17.124.050 – Other requirements
Procedures for pre-zoning and adoption of urgency interim regulations shall be as
provided in the California Government Code. Requirements for the scheduling of zoning
hearings in relation to general plan amendments, reports from the planning commission
to the council upon referral, and all other matters not prescribed in greater detail in these
regulations shall be as provided in the Government Code.
SECTION 77. Section 17.138.090.B, entitled “Affordable Housing Agreement” is
hereby amended to read as follows:
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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 approval by the
appropriate review authority 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.
SECTION 78. Section 17.138.140, entitled “Affordability Restrictions” is hereby
amended to read as follows:
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 mainta ined for the longest period
allowed or required by State law.
SECTION 79. Section 17.138.160, entitled “Early Resale of Shared Equity
Properties” is hereby amended to read as follows:
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 an other
eligible household. “Early resale” shall mean the sale, lease, or transfer of property within
seven 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:
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.
SECTION 80. Section 17.140.040, entitled “Standard Incentives for Housing
Projects” subsection A. is hereby amended to read as follows:
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A. This Section shall apply only to housing projects consisting of five or more
dwelling units, including mixed-use developments. Per State law, projects that
provide affordable housing are allowed up to a 50 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 50 percent at the request
of the developer, as well as other concessions and incentives outlined in
Section 17.140.070.
SECTION 81. Section 17.140.040 Table 8-2 entitled “Table 8-2: Density Bonus for
Percentage of Low Income Dedicated Units ” is hereby amended to read 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
15 27.5
16 29
17 30.5
18 32
19 33.5
20 35
21 38.75
22 42.5
23 46.25
24 50
SECTION 82. Section 17.140.040 Table 8-3 entitled “Table 8-3: Density Bonus for
Percentage of Very-Low Income Dedicated Units” is hereby amended to read as follows:
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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
12 38.75
13 42.5
14 46.25
15 50
SECTION 83. Section 17.140.040 Table 8-4 entitled “Table 8-4: Density Bonus for
Percentage of Moderate Income Dedicated Units” is hereby amended to read as follows:
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
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Table 8-4: Density Bonus for
Percentage of Moderate Income
Dedicated Units
Percentage
Moderate Income
Units
Percentage
Density
Bonus
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
41 38.75
42 42.5
43 46.25
44 50
SECTION 84. Section 17.140.060, entitled “Standard Incentives for Conversion of
Apartments to Condominium Projects” subsection F., is hereby amended to read as
follows:
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F. The City shall grant the developer’s request for development incentive(s)
unless the Review Authority 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.
SECTION 85. Section 17.140.070, entitled “Alternative or Additional Incentives”
subsection B., (subsection B.1 through B.6 shall remain as existing) is hereby amended
to read as follows:
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 Review
Authority and may include but are not limited to one or more of the following:
SECTION 86. Section 17.140.070, entitled “Alternative or Additional Incentives”
subsection E., is hereby amended to read as follows:
E. The Review Authority shall approve the requisite number of incentives or
concessions afforded by this Section. The Review Authority shall grant the specific
concession or incentive requested by the applicant unless it can make a written
finding, based upon substantial evidence, that the incentive or concession doesn’t
result in cost reductions, or would have a specific adverse impact upon public
health and safety or the environment or on historical properties that can’t be
mitigated, or would be contrary to state or federal la w (Government Code
65915(d)(1).
SECTION 87. Section 17.140.070, entitled “Alternative or Additional Incentives”
subsection F., is hereby amended to read as follows:
F. The Review Authority’s action on any alternative incentive proposal shall be by
resolution. Any such resolution shall include findings relating to the information
required in subsection B or C of this Section.
SECTION 88. Chapter 17.146, entitled “Residential Occupancy Standards” is
hereby removed from the San Luis Obispo Municipal Code.
SECTION 89. Chapter 17.148, entitled “High-Occupancy Residential Use
Regulations” is hereby removed from the San Luis Obispo Municipal Code.
SECTION 90. Section 17.154.004, entitled “Organization” is hereby amended to
read as follows:
17.154.004 – Organization
This Article is subdivided into the following Chapters.
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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 17.158 (General Definitions) applies to all other terms used in Title 17.
C. Chapter 17.160 (Previous Land Use Definitions) applies to land use
classification identified in project approvals prior to the 2018 Zoning
Regulations Update and land use classification identified within existing
Specific Plans or Area Plans.
SECTION 91. Section 17.156.004, entitled “A Definitions”, the definition for
“Agricultural Accessory Structure” is hereby amended to read as follows:
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, produce stands, greenhouses, recreation rooms, private swimming
pools, and tennis courts for the use of the persons residing on the site.
SECTION 92. Section 17.156.006, entitled “B Definitions”, the definition for
“Boarding House” is hereby amended to read as follows:
Boarding House. A boarding house is a residence or dwelling, other than a motel
or hotel, wherein two or more rooms, with or without in dividual or group cooking
facilities, are rented to six 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.
SECTION 93. Section 17.156.012, entitled “E Definitions”, the definition for “Bars,
Live Entertainment and Taverns” under “Eating and Drinking Establishments” is hereby
reclassified as “Bars and Taverns” to read as follows:
Bars 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 c onsumed onsite and
any food service is subordinate to the sale of alcoholic beverages. Does not
include adult entertainment businesses.
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SECTION 94. Section 17.156.014, entitled “F Definitions” is hereby amended to
add a new definition for a new term enti tled “Farmworker Housing” to be located after
the existing definition entitled “Farm and Feed Stores” to read as follows:
Farmworker Housing. Housing accommodation developed for and/or provided to
farmworkers and shall consist of any living quarters, dwelling, boarding house,
tent, barracks, bunkhouse, maintenance -of-way car, mobile home, manufactured
home, recreational vehicle, travel trailer, or other housing accommodation
maintained in one or more buildings and on one or more sites. Farmworker housing
includes:
1. Farmworker Dwelling Unit – Housing for up to six farmworkers or one
farmworker and his or her household.
2. Farmworker Housing Complex – Either housing that (1) contains group style
housing, such as barracks or a bunkhouse, with a maximum of thirty-six (36)
beds and is occupied exclusively by farmworkers; or (2) contains a maximum
of twelve (12) residential units occupied exclusively by f armworkers and their
households.
SECTION 95. Section 17.156.018, entitled “H Definitions” is hereby amended to
remove “Handicraft Manufacturing”, “High -occupancy Residential Use”, and “High
Occupancy Residential Use”, a duplicate definition, from its list of “H Definitions”.
SECTION 96. Section 17.156.020, entitled “I Definitions”, the definition for
“Instructional Services” is hereby amended to read as follows:
Instructional Services. Commercial establishments that offer specialized
programs in personal growth and development 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.
SECTION 97. Section 17.156.026, entitled “L Definitions” is hereby am ended to
add a new definition for a new term entitled “Live Entertainment” to be located after the
existing definition entitled “Liquor Stores” and reads as follows:
Live Entertainment. A facility providing entertainment, examples of which include,
but are not limited to, amplified live or recorded music and/or dancing, comedy,
disc jockeys, etc., or for which a cover fee or ticket may be required, which may
also serve alcoholic beverages for on-site consumption. Does not include activities
that are defined as ambient (see “Ambient Music”). Does not include facilities that
provide entertainment as a primary use (see “Sports and Entertainment Assembly
Facility”). Does not include adult entertainment businesses which is separately
defined, see Section 17.86.030 (Adult Business Uses).
SECTION 98. Section 17.156.026, entitled “L Definitions” is hereby amended to
add a new definition for a new term entitled “Low Barrier Navigation Centers” to be
located after the existing definition “Lodging” and reads as follows:
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Low Barrier Navigation Centers. Low-barrier, service-enriched shelter focused
on moving people into permanent housing that provides temporary living facilities
while case managers connect individuals experiencing homelessness to income,
public benefits, health services, shelter, and hou sing (see “Transitional Housing
and Supportive Housing”).
SECTION 99. Section 17.156.028, entitled “M Definitions” is hereby amended to
add language to the “Maintenance and Repair Services” definition , to read as follows:
Maintenance and Repair Services. Establishments engaged in the maintenance
or repair of office machines, household appliances, furniture, and similar items.
This classification includes base facilities for various businesses that provide
services on the premises of their clients such as gardening, janitorial, pest control,
water and smoke damage recovery, and appliance services (computer, electronic,
elevator, equipment, plumbing, and other maintenance and repair services not
operating from a retail establishment that sells the products being maintained or
repaired. This classification excludes maintenance and repair of vehicles or boats
(see “Vehicle Sales and Services”), office-only facilities with no storage of the
equipment that is serviced (see “Offices”), and personal apparel (see “Personal
Services").
SECTION 100. Section 17.156.028, entitled “M Definitions” is hereby amended to
provide clarification to the “Multi-Unit Dwellings” definition, to read as follows:
Multi-Unit Dwellings. Two or more dwelling units attached or detached , not
including any Accessory Dwelling Units, on a site or lot. 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.
SECTION 101. Section 17.156.030, entitled “N Definitions” is hereby amended to
provide clarification to the “Nightclubs” definition, to read as follows:
Nightclubs. See “Live Entertainment.”
SECTION 102. Section 17.156.044, entitled “V Definitions” is hereby amended to
provide clarification to the “Vacation Rentals” definition, to read as follows:
Vacation Rentals. A dwelling or part of a dwelling or recreational vehicle, 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.
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SECTION 103. Section 17.158.008, entitled “B Definitions” hereby amends “Table
9-1: Rooms and Common Spaces Not Considered Bedrooms” within the “Bedroom”
definition to read as follows:
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
Junior Accessory Dwelling Units (see definition, Section
17.156.022)
SECTION 104. Section 17.158.008, entitled “B Definitions” is hereby amended to
add a new definition entitled “Bicycle Parking Space .”, and three additional definitions
associated to “Bicycle Parking Space” entitled “Alternative Bicycle .”, “Long-term Bicycle
Parking.”, and “Short-term Bicycle Parking.” and reads as follows:
Bicycle Parking Space: The volume of space that is used to accommodate the
storage of one locked bicycle. Bicycle parking spaces are to be designed and
spaced in a way that accommodates for typical t wo-wheel bicycles and/or
alternative bicycles.
Alternative Bicycle: Non-traditional bicycles with larger parking space
requirements, including but not limited to, cargo bikes, bikes with trailers,
recumbent bikes, fat tire or wide-framed tricycle bikes, etc.
Long-term Bicycle Parking. Bicycle parking spaces designed for
employees, residents, public transit users, and other long -term users that
need to park their bike for several hours or more. Long -term bicycle parking
provides for increased security in lit and covered (weather protected)
locations. Common examples of long-term bike parking are storage lockers,
internal lockable rooms or enclosures reserved for bicycle storage, or
secured parking areas managed by attendants.
Short-term Bicycle Parking. Bicycle parking space used by visitors,
customers, and other short-term users of residential, commercial, and
institutional uses. Bicycle racks compliant with City standards are used to
satisfy this need.
SECTION 105. Section 17.158.018, entitled “G Definitions” is hereby amended to
provide clarification to the “Guest Quarters.” Definition, to read as follows:
Guest Quarters. A separate accessory space that does not provide direct access
to the living space of the primary residence (such as kitchen facilities), which may
be attached or detached, and may contain 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).
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SECTION 106. Section 17.158.022, entitled “I Definitions” is hereby amended to
provide clarification to the “Intermittent use.” Definition, to read as follows:
Intermittent use. A Temporary Use (see “Temporary Use”) that occurs no more
than 120 days in a year, but which may continue from year to year.
SECTION 107. Section 17.158.034, entitled “L Definitions” is hereby amended to
add a new definition entitled “Landscape Area” located before the definition entitled
“Landscape, Rehabilitated” and reads as follows:
Landscape Area. Landscape area means all the planting areas, turf areas, and
water features in a landscape design plan. The landscape area does not include
footprints of buildings or structures, sidewalks, driveways, parking lots, decks,
patios, gravel or stone walks, artificial turf, other pervious or non -pervious
hardscapes, and other non-irrigated areas designated for non-development (e.g.,
open spaces and existing native vegetation).
SECTION 108. Section 17.158.034, entitled “O Definitions” is hereby amended to
add a new definition entitled “Outdoor Furniture.” located after the definition entitled
“Owner Occupancy” and reads as follows:
Outdoor Furniture. Furniture such as chairs, tables, settees or loungers, suited
for use on an open porch or patio, i.e. furniture that is designed and intended for
outdoor use such that it is weather proof or weather resistant and generally will not
be damaged by exposure to rain, sun or other outdoor elements.
SECTION 109. Section 17.158.036, entitled “P Definitions” is hereby amended to
add a new definition entitled “Patio” located after the definition entitled “Parking
Management Plan” and reads as follows:
Patio. An outdoor space paved with concrete, rock, bricks, or other pavers that
adjoins a residence and is designed and intended for standing, sitting, dining or
recreation.
SECTION 110. Section 17.158.036, entitled “P Definitions” is hereby amended to
add a new definition entitled “Porch” located after definition entitled “Planning
Commission” and reads as follows:
Porch. A covered deck, landing or platform adjoining an entrance to a residence
or other building.
SECTION 111. Section 17.158.040, entitled “R” Definitions” is hereby amended
to revise the definition of “Review Authority” to read as follows:
Review Authority. The body responsible for making decisions on zoning and
related applications as specified in Section 17.102.020.
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SECTION 112. Chapter 17.160, entitled “Airport Overlay Zone Land Use
Definitions (Table 2-24)” is hereby retitled as “Previous Land Use Definitions” to read as
follows:
Chapter 17.160: Previous Land Use Definitions
SECTION 113. Severability. If any subdivision, paragraph, sentence, clause, or
phrase of this Ordinance is, for any reason, held to be invalid or unenforceable by a court
of competent jurisdiction, such invalidity or unenforceability shall not affect the validity or
enforcement of the remaining portions of this Ordinance, or any other provisions of the
city' s rules and regulations. It is the city' s express intent that each r emaining portion
would have been adopted irrespective of the fact that any one or more subdivisions ,
paragraphs, sentences, clauses, or phrases be declared invalid or unenforceable .
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SECTION 114. Implementation. A summary of this ordinance, together with the
names of Council members voting for and against, shall be published at least five (5) days
prior to its final passage, in the Tribune, a newspaper published and circulated in this City.
This ordinance shall go into effect at the expiratio n of thirty (30) days after its final passage
or when considered and approved as necessary upon referral by the San Luis Obispo
Airport Land Use Commission, whichever occurs later.
INTRODUCED on the 16th day of November 2021, AND FINALLY ADOPTED by the
Council of the City of San Luis Obispo on the 7 th day of December 2021, on the following vote:
AYES: Council Member Marx, Pease, Shoresman, Vice Mayor
Christianson, and Mayor Stewart
NOES: None
ABSENT: None
__________________________
Mayor Erica A. Stewart
ATTEST:
_______________________
Teresa Purrington
City Clerk
APPROVED AS TO FORM:
________________________
J. Christine Dietrick
City Attorney
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the
City of San Luis Obispo, California, on ______________________.
___________________________
Teresa Purrington
City Clerk
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Exhibit A – Table 2-1: Uses Allowed By Zone
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 R-1 R-2 R-3 R-4 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
DocuSign Envelope ID: EC05CE7A-BEB0-41AF-ADF1-5432C79D7715
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 R-1 R-2 R-3 R-4 PF O C-N C-C C-R C-D C-T C-S M BP
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 A CUP
A
CUP
A A CUP
A
CUP
A
CUP
A
CUP
A
CUP
A
CUP
A
CUP
A
CUP
A See Sec. 17.86.150 and GC
Sec. 65583(a)(4)
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
DocuSign Envelope ID: EC05CE7A-BEB0-41AF-ADF1-5432C79D7715
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 R-1 R-2 R-3 R-4 PF O C-N C-C C-R C-D C-T C-S M BP
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 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
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 Section 17.86.130
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 Off-Site Services
A A A A MUP A MUP
A A MUP
A A A A A See GC Sec. 65583(a)(5)
Farmworker Housing A A
DocuSign Envelope ID: EC05CE7A-BEB0-41AF-ADF1-5432C79D7715
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 R-1 R-2 R-3 R-4 PF O C-N C-C C-R C-D C-T C-S M BP
MIXED USES
Mixed-use Development A A A A A A MUP
A
CUP
A 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
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 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
DocuSign Envelope ID: EC05CE7A-BEB0-41AF-ADF1-5432C79D7715
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 R-1 R-2 R-3 R-4 PF O C-N C-C C-R C-D C-T C-S M BP
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. 17.86.0530
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
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 A M/A MUP MUP See Sec. 1736.030.C
Personal Services A A A A MUP A MUP
DocuSign Envelope ID: EC05CE7A-BEB0-41AF-ADF1-5432C79D7715
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 R-1 R-2 R-3 R-4 PF O C-N C-C C-R C-D C-T C-S M BP
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
CUP 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, and
Sec. 17.86.060.
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
DocuSign Envelope ID: EC05CE7A-BEB0-41AF-ADF1-5432C79D7715
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 R-1 R-2 R-3 R-4 PF O C-N C-C C-R C-D C-T C-S M BP
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
CANNABIS ACTIVITY
Cannabis See Section 17.86.080
Specialty Cultivator MUP MUP MUP
Small Cultivator MUP MUP MUP
DocuSign Envelope ID: EC05CE7A-BEB0-41AF-ADF1-5432C79D7715
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 R-1 R-2 R-3 R-4 PF O C-N C-C C-R C-D C-T C-S M BP
Nursery MUP MUP MUP
Manufacturing MUP MUP MUP
Distributor MUP MUP MUP
Microbusiness CUP CUP
MUP
/
CUP
MUP
/
CUP
MUP
/
CUP
See Sec. 17.86.080(E)(12)
for specific requirements per
zone.
Testing CUP A A A
Director’s action required.
See also Sec.
17.86.080(E)(9).
Retailer (Delivery) MUP MUP MUP
Retailer (Storefront) CUP CUP CUP
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
Nightclubs and Live
Entertainment MUP MUP MUP MUP MUP MUP
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
CUP
PC
CUP
PC
CUP
PC
CUP 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
DocuSign Envelope ID: EC05CE7A-BEB0-41AF-ADF1-5432C79D7715
Exhibit B - Figure 3-8: Airport Land Use Plan
DocuSign Envelope ID: EC05CE7A-BEB0-41AF-ADF1-5432C79D7715