HomeMy WebLinkAbout08-20-2013 c3 2nd reading annual zoning code amendments
FROM: Derek Johnson, Community Development Director
Prepared By: Brian Leveille, Associate Planner
SUBJECT: REVIEW OF AMENDMENTS TO MUNICIPAL CODE TITLE 17:
ZONING REGULATIONS
RECOMMENDATION
Adopt Ordinance No. 1591 (2013 Series) amending Title 17 (Zoning Regulations) of the City of
San Luis Obispo Municipal Code as specified in the Ordinance, which modifies various sections
of the Municipal Code including revisions to affordable housing requirements, parking
requirements for secondary dwelling units, and the establishment of regulations for garage and
yard sales, and mechanical parking lifts.
DISCUSSION
Background
On July 2, 2013, the City Council unanimously voted to introduce an Ordinance amending the
Municipal Code Title 17 (Attachment 1). The City Council also briefly discussed and heard
public comment on staff’s previously recommended amendments on guest houses and
bedroom/den definition which were heard by the Planning Commission on April 24, 2013, but
were not recommended by the Planning Commission for adoption. Based on Planning
Commission direction, these items were not included in the recommended amendments
presented for City Council action.
The City Council voted to introduce amendments discussed below and directed staff to return
with amendments on guest house regulations and the bedroom/den definitions which were not
recommended by the Planning Commission and to provide additional information on shower and
locker requirements for new development. The next regularly scheduled Zoning Regulations
amendments will occur in mid-2014; staff is prepared to return to the Council with these three
items in January 2014.
The four principal components of introduced by City Council include the following:
• Modifying parking requirements for secondary dwelling units to allow parking in
tandem for the primary dwelling unit, and allow one space within the driveway
for the secondary dwelling unit.
• Establishing regulations for mechanical parking lifts.
• Establishing regulations for garage and yard sales.
• Comprehensively updating affordable housing regulations to be consistent with
State law.
The City Council initiated amendments also included various minor updates and revisions to
C3 - 1
clarify existing definitions and added several new definitions to aid the interpretation of land use
classifications.
Ordinance No. 1591 is ready for adoption. The amended text will become effective 30 days after
adoption.
ATTACHMENTS:
1: Ordinance No. 1591 (2013 series) amending the Municipal Code
2: Sections of previously reviewed draft ordinance showing Council modifications
\\chstore4\team\council agenda reports\2013\2013-08-20\second reading - annual zoning codes amendments (johnson-leveille)\gpa 65-12 council
agenda report (2nd reading).docx
C3 - 2
Attachment 1
ORDINANCE NO. 1591 (2013 Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SAN LUIS OBISPO AMENDING TITLE 17 (ZONING
REGULATIONS) OF THE MUNICIPAL CODE (GPA 65-12)
WHEREAS, the Planning Commission of the City of San Luis Obispo
conducted a public hearing in the Council Chamber of City Hall, 990 Palm Street, San
Luis Obispo, California, on April 24, 2013, and recommended approval of amendments
to the Municipal Code; and
WHEREAS, the City Council of the City of San Luis Obispo conducted a
public hearing in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo,
California, on July 2, 2013, for the purpose of considering amendments to the
Municipal Code (GPA 65-12); and
WHEREAS, the City Council finds that the proposed text amendments are
consistent with the General Plan, the purposes of the Zoning Regulations, and other
applicable City ordinances; and
WHEREAS, notices of said public hearings were made at the time and in the
manner required by law; and
BE IT ORDAINED by the Council of the City of San Luis Obispo as follows:
SECTION 1. Environmental Determination. The project is exempt from
environmental review per CEQA Guidelines under the General Rule (Section
15061(b)(3)). Municipal Code amendments included in Sections 3-30 of this ordinance
are summarized below which conclude that it can be seen with certainty that proposed
amendments to the Municipal Code could not have a significant effect on the
environment:
Sections 3-6. Modifications to Zoning Code definitions including accessory
uses, lofts, and dens provide additional clarification in the meaning of existing
definitions and added definitions will assist users of the Zoning Regulations, including
staff and members of the public in interpreting existing regulations and have no
potential to have a significant effect on the environment.
Sections 7 & 8. Modifications to secondary dwelling unit regulations to allow
parking on driveway areas will not have a significant effect on the environment since
they consist of minor modifications in performance standards for secondary dwelling
units by allowing required parking on already established driveways which are typically
already used for parking purposes.
Section 9. Establishment of regulations for vehicle parking in mechanical lift
systems will not have a significant effect on the environment since mechanical lift
systems and associated development must comply with all existing Zoning Regulations
including height, setbacks, and other requirements such as Parking and Driveway
C3 - 3
Ordinance No. 1591 (2013 Series) Attachment 1
GPA 65-12
standards. Establishing regulations on mechanical lift systems ensures that the systems
will be compatible with the neighborhood and requires use permit approval to review
the proposed systems functionality and establishes requirements for their ongoing
upkeep and maintenance. There is no possibility that establishment of these regulations
would have a significant effect on the environment.
Sections 10 & 11. The proposed establishment of regulations which would limit
garage and yard sales to a maximum of four per year will not have a significant effect
on the environment because regulations will ensure that the sales are consistent with
neighborhood character and excessive occurrences of garage and yard sales do not
occur.
Sections 12-14. Establishment of new definitions for Community Gardens,
Crop Production and Greenhouses and Wine-Tasting room definition will not have any
significant effect on the environment since they provide additional clarification on the
interpretation of Zoning definitions and assist the public and staff in determining proper
land use classifications based on existing regulations.
Section 15-19. Modifications to Table 9, rearranging the classifications of
Bar/Tavern and Wine-Tasting room from Recreation, Education, and Public Assembly
uses to Retail uses will not have a significant effect on the environment because the
changes will assist staff and members of the public in logical reference of these land
uses in Table 9 (Uses Allowed by Zone).
Section 20. Updates of Affordable Housing Incentives to be consistent with
state law will not have a significant effect on the environment because the updates
bring City regulations into compliance with mandated State law requirements and could
have no potential to have a significant effect on the environment.
Section 21. Amendments to Sign Regulations to correct inconsistencies in
sections on exceptions will not have a significant effect on the environment because the
modification brings two sections of the regulations into consistency with the intent and
purpose of existing Sign Regulations provisions on exceptions.
Section 22. Amendments adding provisions for solar shading studies when
certain height or setback exceptions are requested will not have a significant effect on
the environment since the requirements will ensure that development complies with
existing regulations and policies of the General Plan on solar access.
Section 23. Amendments adding storm water facilities to zoning requirements
as features that must be maintained in accordance with approved plans will not have a
significant effect on the environment because the regulations will be consistent with
existing regulations which require associated landscaping to be maintained in
accordance with approved plans.
Section 24. Amendments to wireless telecommunications facilities review
requirements for colocations will not have a significant effect on the environment since
they remove a duplicative review process that is unnecessary for minor additions to
C3 - 4
Ordinance No. 1591 (2013 Series) Attachment 1
GPA 65-12
existing installations and regulations remain in place that require architectural review
for minor colocations.
Section 25. Amendments to provisions for when denied applications may be
resubmitted in less than one year will not have a significant effect on the environment
because the changes only clarify which review body may grant the waiver, an action
which could not have a significant effect on the environment.
Sections 26 & 27. The modification of provisions for initiation of General Plan
Amendments and Zoning Amendments will not have a significant effect on the
environment since this change is consistent with standard practice that direction to
initiate these actions is prompted by the legislative body (Council). Modifying current
regulations to remove Director and Planning Commission authority to initiate General
Plan and Zoning Amendments could not have a significant effect on the environment.
Section 28. Modification to Table 9, Uses Allowed by Zone, which allow
Social Service uses in additional zones including the C-N, C-S, and M zones will not
have a significant effect on the environment because no changes to underlying Zoning
Regulations including parking requirements, setbacks, coverage, floor area ratio, etc.
are proposed. The amendment has no effect on the physical environment and therefore
could not have a significant effect on the environment.
SECTION 2. Findings. Based upon all the evidence, the Council makes the
following findings:
1. The proposed amendments will not significantly alter the character of the City
or cause significant health, safety or welfare concerns, since the amendments
are consistent with the General Plan and directly implement City goals and
policies.
2. Periodic amendments, updates, and corrections of the Municipal Code are
consistent with General Plan Policy to maintain regulations which are effective
in implementing policies consistent with the General Plan.
SECTION 3. Chapter 17.100. “A.” Accessory. of the City of San Luis
Obispo’s Municipal Code is amended to read as follows:
Accessory. “Accessory” means clearly subordinate or incidental and directly related to a
permitted use or structure. "Accessory use" includes active or passive solar heating systems and
cogeneration facilities.
SECTION 4. Chapter 17.100. “A.” Accessory Structures. of the City of San
Luis Obispo’s Municipal Code is amended to read as follows:
Accessory structures are located upon the same site as the structure or use to which it is
accessory. Accessory structures consist of detached structures or additions to primary
structures if the addition’s floor plan does not include primary interior access from the main
dwelling unit through a hallway or common use room. The use of an accessory structure is
incidental, and subordinate to the use of the principle structure, or to the principle land use of
C3 - 5
Ordinance No. 1591 (2013 Series) Attachment 1
GPA 65-12
the site. “Accessory structures” that include habitable space, as defined by the California
Building Code, shall be no larger than 450 square feet.
SECTION 5. Chapter 100. “D”. Den (or family room). of the City of San Luis
Obispo’s Municipal Code is amended to read as follows:
"Den" (or "family room,") means a room which is open on at least one side, does not contain a
wardrobe, closet or similar facility, and which is not designed for sleeping. (See also “Loft”
definition) (Ord. 941 1 (part), 1982: prior code 9204.11 (part)).
SECTION 6. Chapter 17.100.”L.” Loft. A new Zoning definition is hereby
added to the City of San Luis Obispo’s Municipal Code:
Loft (or Mezzanine). “Loft” or “Mezzanine” means a partial or intermediate level of a
building interior containing floor area without enclosing interior walls or partitions and not
separated or partitioned from the floor level below or access way (stairs and/or landing)
leading to the loft from the floor below by a wall or any other partitions. Spaces designated as
lofts which do not fully conform to this definition shall be deemed a “bedroom”. (See also
17.100.B.)
SECTION 7. Chapter 17.21.040.A. Performance Standards. of the City of
San Luis Obispo’s Municipal Code is amended to read as follows:
17.21.040 Performance standards.
A. Design Standards. Secondary dwelling units shall conform to all applicable zoning regulations
such as height, yards, parking, building coverage, etc., except for density requirements as defined by
Zoning Regulations.
1. Secondary dwelling units shall conform to all applicable building and construction codes.
2. Nothing in this section prohibits applicants from requesting exceptions or variances from
the strict interpretation of Zoning Regulations to the extent allowed by said regulations for
any other use.
3. Secondary dwelling units shall be designed as to provide separate living conditions and
provide a safe and convenient environment for the occupants.
4. Secondary dwelling units should also be architecturally and functionally compatible with
the primary residence. (Ord. 1004 - 1 (part), 1984; prior code - 9930)
5. The height of second units should be consistent with surrounding residential structures.
Unless adequate setbacks justify otherwise, secondary dwelling units that result in two-
story construction shall be setback from the first floor to allow for solar access and reduced
overlook.
6. Site planning: Secondary dwelling units should be located behind or above the existing
dwelling on the site. Designs that significantly alter the street appearance of the existing
residence shall be discouraged. The presence or design of the secondary dwelling unit per
se, will not justify granting development exceptions.
7. Private Open Space: A minimum of 250 square feet of private open space must be
provided for secondary dwelling units exclusive of a minimum of 250 square feet to be
provided for the primary residence on the property. Private open space provided at ground
level must have a minimum dimension in every direction of at least 10 feet or 6 feet for
spaces above ground level on an elevated deck or balcony.
8. Significant alterations to landform (grading in excess of 300 cubic yards) or removal of
native trees or significant landscape trees shall be discouraged for the placement of a
secondary dwelling unit.
C3 - 6
Ordinance No. 1591 (2013 Series) Attachment 1
GPA 65-12
9. A landscape plan shall be required for new secondary dwelling units. A minimum 5-foot
wide landscape planter with screening shrubs shall separate parking areas from adjacent
properties. Landscape shrubs and trees shall be required for areas between secondary unit
and adjacent properties.
10. Parking: Secondary dwelling units that are 450 square feet or smaller shall require 1
parking space, regardless of zoning district. Parking for secondary dwelling units may be
provided within driveway areas consistent with 17.17.055 (Front yard parking). For two car
garages, parking for the primary dwelling may be provided in tandem to allow one parking
space in the driveway for the secondary dwelling unit. Agreement to maintain garage
parking for the tandem parking arrangement shall be reflected on building plans and a
covenant agreement shall be recorded noting the requirement to comply with this condition
and granting the City the right to inspect the premises for compliance. Secondary dwelling
units located on sites where the primary dwelling unit has a single car width driveway and
garage may be provided consistent with 17.17.055.D. (Single Car Garages and Single Car
Parking).
11. Alterations to designated historic properties or structures to allow new construction of a
secondary dwelling unit shall be reviewed by the Cultural Heritage Committee for
consistency with the Secretary of Interior Standards for treatment of a historic property.
SECTION 8. Chapter 17.21.050. Procedure Requirements. of the City of San
Luis Obispo’s Municipal Code is amended to read as follows:
17.21.050 Procedure requirements
Prior to filing building plans with the City Building Division, the following shall be met:
A. Architectural Review Required. All requests shall be reviewed for consistency with the
City’s Community Design Guidelines and architectural review ordinance. The dir ector shall
determine, upon receiving complete application, whether the project shall be forwarded to the
Architectural Review Commission for review. All new development projects within Historic
Districts or within properties that contain designated historic structures shall be referred to the
Cultural Heritage Committee to be reviewed for consistency with Secretary of Interior
Standards for treatment of a historic property.
B. Application Contents. A Determination of Code Consistency shall be approved prior to the
submittal of documents requesting construction approval. No additional application fees for
architectural review shall be required.
C. Additional Requirements.
1. Owners Agreement with the City. The owner shall enter into an agreement with the city, on a
form approved by the city attorney and community development director, agreeing that the
property will be owner-occupied. Upon approval of a building permit, this agreement shall be
recorded in the office of the county recorder to provide constructive notice to all future owners
of the property of the use and owner occupancy restrictions affecting the property. If owner
occupancy is not possible, then the use will terminate, and the structure will be returned to its
original condition to the satisfaction of the director.
D. Appeal. Appeal procedures for this section shall be as provided by chapter 2.48.080 (Appeals-
Architectural Review).
SECTION 9. Chapter 17.16.060. Parking Requirements. Of the City of San
Luis Obispo’s Municipal Code is hereby amended to add a new Subsection D. Existing
subsection D is hereby relettered to E and remaining subsections are relettered
accordingly.
C3 - 7
Ordinance No. 1591 (2013 Series) Attachment 1
GPA 65-12
17.16.060 Parking space requirements.
D. Mechanical Parking Lifts. In commercial zones and multi-family developments, by approving
an administrative use permit, mechanical parking lifts may be used to satisfy all or a portion of
vehicle parking requirements. Additional surface parking up to 25% of the required minimum
amount of spaces may be required for lift systems unable to accommodate a range of vehicles
including trucks, vans, SUV’s, or large sedans. Applications submittals shall include any information
deemed necessary by the Director to determine parking can adequately and feasibly be provided and
that the following performance standards can be met and the following findings for approval can be
made:
1. The use of mechanical lift parking results in superior design and implementation of City
goals and policies for infill development.
2. In existing developments and established neighborhoods, mechanical lift parking will be
adequately screened and compatible with the character of surrounding development;
and, in new developments, mechanical lift parking shall comply with Community
Design Guidelines and be compatible and appropriately considered with overall building
and site design.
3. Mechanical lift parking systems shall comply with all development standards including
but not limited to height and setback requirements, and Parking and Driveway Standards
with the exception of minimum parking stall sizes which are established by lift
specifications.
4. There exists adequate agreement running with the land that mechanical parking systems
will be safely operated and maintained in continual operation with the exception of
limited periods of maintenance.
5. There are no circumstances of the site or development, or particular model or type of
mechanical lift system which could result in significant impacts to those living or
working on the site or in the vicinity.
SECTION 10. Chapter 17.08. Uses Allowed in Several Zones. Section
heading 17.08.020. Outdoor Sales. of the City of San Luis Obispo’s Municipal Code is
amended to read as follows:
17.08.020 Outdoor sales on commercial and residential lots.
SECTION 11. Chapter 17.08.080.C. Garage and Yard Sales. Is hereby added
to the City of San Luis Obispo’s Municipal Code:
C. Garage and Yard Sales. On residentially developed parcels, garage or yard sales are
allowed a maximum of four times within a twelve month period subject to the following
requirements:
1. Each garage or yard sale may not exceed three consecutive days.
2. Each unit within Multi-family or condominium projects and common interest
subdivisions may have up to four garage/sales in approved common areas with the
permission of the Home Owner’s Association for sales within common areas,
property owner, or approved property manager.
3. Items shall consist of normally accumulated household items (clothing, furniture, etc.)
Items offered for sale may not include items acquired for resale.
C3 - 8
Ordinance No. 1591 (2013 Series) Attachment 1
GPA 65-12
4. One on-site sign not to exceed four square feet shall be permitted during the sale. No
other signs are permitted in the area and no signs may be displayed in the public right-
of-way. On site signs shall be consistent with applicable Sign Regulations.
5. Garage/yard sales are not permitted on vacant lots.
SECTION 12. Chapter 17.100.”C.” Community Garden. A new Zoning
definition is hereby added to the City of San Luis Obispo’s Municipal Code:
Community Garden. “Community garden” means a site used for growing plants for food,
fiber, herbs, flowers, and others, which is shared and maintained by community residents.
SECTION 13. Chapter 17.100.”C.” Crop Production. A new Zoning definition
is hereby added to the City of San Luis Obispo’s Municipal Code:
Crop Production. Commercial agricultural production field and orchard uses, including the
production of the following or similar, primarily in the soil on the site and not in containers:
Field crops;
Flowers and seeds;
Fruits;
Grains;
Melons;
Ornamental crops;
Tree nuts;
Trees and sod;
Vegetables;
Wine and table grapes.
Also includes associated crop preparation services and harvesting activities, such as mechanical
soil preparation, irrigation system construction, spraying, and crop processing, not including sales
sheds, which are instead defined under “Produce stand.” Does not include greenhouses or
containerized crop production which are instead defined under “Greenhouse/Plant Nursery
Commercial”. Does not include non-commercial home gardening, which is allowed as an
accessory residential use allowed without City approval.
SECTION 14. Chapter 17.100. “G.” Greenhouse/Plant Nursery Commercial.
A new Zoning definition is hereby added to the City of San Luis Obispo’s Municipal
Code:
Greenhouse/Plant Nursery Commercial. A commercial agricultural establishment engaged in the
production of ornamental plants and other nursery products, grown under cover either in
containers or in the soil on the site, or outdoors in containers. The outdoor production of
ornamental plants in the soil on the site is instead included under “Crop production”. Also
includes establishments engaged in the sale of these products (e.g., wholesale and retail
nurseries) and commercial-scale greenhouses (home greenhouses are accessory residential uses).
SECTION 15. Table 9. Uses Allowed By Zone. Agriculture land uses of the
City of San Luis Obispo’s Municipal Code is amended to read as follows:
C3 - 9
Ordinance No. 1591 (2013 Series) Attachment 1
GPA 65-12
SECTION 16. Chapter 17.100.”O.” Off-site wine tasting room. Is hereby
repealed and removed from the City of San Luis Obispo’s Municipal Code.
SECTION 17. Chapter 17.100.”W.” Wine tasting room- off site. A new
Zoning definition is hereby added to the City of San Luis Obispo’s Municipal Code:
Wine tasting room – off site. A satellite wine tasting room associated with a licensed winery serving
only those wines it produces in 1-ounce tastes or an amount approved by Alcohol and Beverage Control
for tasting purposes. Only one satellite wine tasting room is permitted per licensed winery. Wine tasting
establishments serving wines from multiple wineries are separately defined as a Bar/Tavern.
SECTION 18. Table 9. Uses Allowed By Zone. Recreation, Education and
Public Assembly land uses of the City of San Luis Obispo’s Municipal Code is
amended to read as follows:
TABLE 9 - USES ALLOWED BY ZONE - Continued
Permit Requirement by Zoning District Specific use
Land Use AG C/OS R1R2R3R4 PF O (1)C-NC-CC-DC-RC-TC-SM BP Regulations
RECREATION, EDUCATION, & PUBLIC ASSEMBLY USES
Club, lodge, private meeting hall DD A DA/DDDD
Commercial recreation facility - Indoor PC DDDDD(12)PC D17.08.060
Commercial recreation facility - Outdoor PC PC
Educational conferences DD DD 17.08.010.C.6
Fitness/health facility D ADD PC AAD
Golf Course PC
Library, museum PC DDDD
Library, branch facility DDDD
Night club DDDDDD Chapter 17.95
Park, playground DDAAAADDA AA
Public assembly facility PC DDDD PC
Religious facility PC DDDDADDDAD(7)D(7)D(7)
PCPC
School - College, university campus PC
School - Elementary, middle, secondary PCPC DD PC D
School - Specialized education/training PC A/DA/DA AA
Special event DDDDDDDDD 17.08.010
Sports and active recreation facility PC PCPCPC
Sports and entertainment assembly facility PC PC
Studio - Art, dance, martial arts, music, etc.D DA/DA/DA PC A
Theater PC(8)DDD DChapter 17.95
Theater - Drive-in PCPC
School - Boarding school, elementary, middle,
secondary
School - College, university - Satellite
classroom facility
Permit Requirement by Zoning District Specific use
Land Use AG C/OS R1R2R3R4 PF O (1)C-NC-CC-DC-RC-TC-SM BP Regulations
AGRICULTURE
Crop production AA A DD
Grazing AA
Greenhouse/Plant Nursery, commercial PCPC
Community Gardens DDDDD
Livestock feed lot PCPC
C3 - 10
Ordinance No. 1591 (2013 Series) Attachment 1
GPA 65-12
SECTION 19. Table 9. Uses Allowed By Zone. Retail Sales land uses of the
City of San Luis Obispo’s Municipal Code is replaced and amended to read as follows:
SECTION 20. Chapter 17.90: Affordable Housing Incentives of the City of
San Luis Obispo’s Municipal Code is hereby repealed and replaced to read as follows:
17.90: Affordable Housing Incentives
Sections:
17.90.010 Purpose.
17.90.020 Definitions.
17.90.030 Application process for incentives
TABLE 9 - USES ALLOWED BY ZONE - Continued
Permit Requirement by Zoning District Specific use
Land Use AG C/OS R1R2R3R4 PF O (1)C-NC-CC-DC-RC-TC-SM BP Regulations
RETAIL SALES
Auto and vehicle sales and rental D A PC
Auto parts sales, with installation D(5)AA
Auto parts sales, without installation ADA AA
Bakery, retail AAAAADD
Bar/Tavern DDDDDD
Building and landscape materials sales, indoor AAA AA
DDA AA
DD
Convenience store DDD AAAAADDD17.08.095
Extended hour retail DDDDDDDD
Farm supply and feed store PC AA
Fuel dealer (propane, etc)DA
Furniture, furnishings, and appliance stores AAA A
General retail - 2,000 sf or less A(3)AAAA
D(3)DAA
DAAD
DAA
PCPCPC
Groceries, liquor, specialty foods A(10)AAA PC
Mobile home, RV, and boat sales A PC
Office-supporting retail, 2,000 sf or less AAAAA D
DDAA D
Wine tasting room - off site DDDDDDD
Outdoor temporary and/or seasonal sales See Section 17.08.020 17.08.020
Produce stand DD A AA A
Restaurant AAAAADD
Outdoor BBQ/Grill, accessory to restaurant DDDDDDD
Service station (see also "vehicle services")DD DDA 17.08.030
Vending machine See Section 17.08.050 17.08.050
Warehouse stores - 45,000 sf or less gfa D D D
Warehouse stores - more than 45,000 sf gfa PCPCPC
Building and landscape materials sales,
outoor
General retail - More than 60,000 sf, up to
140,000 sf
General retail - More than 45,000 sf, up to
60,000 sf
Office-supporting retail, More than 2,000, up
to 5,000 sf
Construction and heavy equipment sales and
rental
General retail - More than 2,000 sf, up to
15,000 sf
General retail - More than 15,000 sf, up to
45,000 sf
C3 - 11
Ordinance No. 1591 (2013 Series) Attachment 1
GPA 65-12
17.90.040 Standard incentives for housing projects.
17.90.050 Standard incentives for conversion of apartments to condominium
projects.
17.90.060 Alternative or additional incentives.
17.90.070 Relationship to other city procedures.
17.90.080 Agreements for affordable housing.
17.90.090 Fees.
17.90.100 Affordability standards.
17.90.110 Occupant screening.
17.90.010 Purpose.
The purpose and intent of this chapter is to encourage housing projects which incorporate units
affordable to very-low, lower, and moderate income households, and qualifying seniors or the donation
of land for affordable housing within the city, and which conform to city development policies and
standards, by providing density bonuses, or other equivalent incentives, as required by California
Government Code Section 65915, et seq. (Ord. 1282 § 2, 1995; Ord. 1035 § 1 (part), 1985) This chapter
is a summary of California Government Code Section 65915-65918. Where there is a conflict between
the State density bonus law and the zoning regulations, the State density bonus law shall prevail.
17.90.020 Definitions.
For the purposes of this chapter, the following words and phrases shall have the meaning set forth below:
A. "Affordable" shall mean residential rent costs or sales prices which conform to the standards issued
by the director and updated periodically to reflect state and/or federal housing cost indices. (Ord.
1282 § 2, 1995; Ord. 1035 § 1 (part), 1985)
B. “Common interest development” means any of the following: a community apartment project, a
condominium project, a planned development, a stock cooperative set forth in Civil Code Section
1351.
C. "Density" means residential density as defined in Section 17.16.010 of this code. As an example, a
two-bedroom dwelling = 1.00 density units.
D. "Density bonus" means a density increase over the maximum density otherwise allowable under the
Zoning Regulations and Land Use Element of the General Plan.
E. "Director" means the community development director or his or her authorized representative.
F. “Housing development” means a development project for five (5) or more residential units, also
includes a subdivision or common interest development.
G. "Lower income households" shall have the meaning set forth in California Health and Safety Code,
Section 50079.5; provided the income of such persons and families whose incomes exceed fifty
(50) percent but are less than or equal to eighty (80) percent of the median income within the
county.
H. “Maximum allowable residential density” means the maximum density allowed under the Zoning
Regulations and Land Use Element of the General Plan.
I. "Moderate income households" shall have the meaning set for in California Health and Safety Code
Section 50093; provided the income of such persons and families whose incomes exceed eighty
C3 - 12
Ordinance No. 1591 (2013 Series) Attachment 1
GPA 65-12
(80) percent but are less than or equal to one hundred twenty (120) percent of the median income
within the county.
J. “Senior citizen housing development” means a residential development developed, substantially
rehabilitated, or substantially renovated for senior citizens (55 years or older) that has at least thirty-
five (35) dwelling units.
K. "Very-low income households" shall have the meaning set forth in California Health and Safety
Code, Section 50105; provided the income of such persons and families whose incomes exceed
thirty (30) percent but are less than or equal to fifty (50) percent of the median income within the
county.
17.90.030 Application process for incentive
A. The developer may submit a preliminary proposal for the development of affordable housing prior to
the submittal of any formal requests for general plan amendments, zoning amendments or
subdivision map approvals. The city council shall, within ninety days of receiving a written
preliminary proposal, notify the housing developer in writing of the procedures under which the city
will comply with this chapter.
B. Any request for a density bonus or other incentives shall be in writing, and shall include the
following information, as well as any additional information required by the director:
1. The name of the developer;
2. The location of the proposed project;
3. The density allowed under the zoning regulations, as well as the proposed density;
4. The number and type (bedroom count) of dwellings and identification of those dwellings which
are to be affordable to each household income category;
5. Whether the dwellings will be offered for sale or for rent;
6. The proposed sales price, financing terms, rental rates or other factors which will make the
dwellings affordable to very-low, lower and moderate income households. (Ord. 1282 § 2, 1995;
Ord. 1035 § 1 (part), 1985)
17.90.040 Standard incentives for housing projects.
A. This section shall apply only to housing projects consisting of five (5) or more dwelling units. Per
state law, projects that provide affordable housing are allowed up to a 35% density bonus based on
the tables outlined below for the respective affordability levels. In addition, the City Council may
approve a density bonus in excess of 35% at the request of the developer as well as other
concessions and incentives outlined in sections 17.90.060.
B. All density calculations resulting in fractional units shall be rounded up to the next whole number.
C. For the purpose of this section, “total units” or “total dwelling units” does not include units added by
a density bonus awarded pursuant to this section or any local law granting a greater density bonus.
D. Ten Percent Low Income Dedication. When a developer agrees to construct ten (10) percent of the
total units of a housing development for persons or families of lower income, the director shall grant
the developer, upon the developer’s request, a density bonus, the density bonus shall be calculated as
C3 - 13
Ordinance No. 1591 (2013 Series) Attachment 1
GPA 65-12
follows:
Percentage Low-Income
Units
Percentage Density
Bonus
10 20
11 21.5
12 23
13 24.5
14 26
15 27.5
17 30.5
18 32
19 33.5
20 35
E. Five Percent Very-Low Income Dedication. When a developer agrees to construct at least five (5)
percent of the total units of a housing development for very-low income households, the director
shall grant the developer, upon the developer’s request, a density bonus, the density bonus shall be
calculated as follows:
Percentage Very Low-
Income Units
Percentage Density
Bonus
5 20
6 22.5
7 25
8 27.5
9 30
10 32.5
11 35
F. Twenty Percent Senior Citizen Housing Development Dedication. When a developer agrees to
construct a senior citizen housing development, or mobile home park that limits residency based on
age requirements for housing for older persons, the director shall grant the developer, upon the
developer’s request, a density bonus, the density bonus shall be twenty (20) percent of the number of
senior housing units.
G. Ten Percent Common Interest Development for Moderate Income Dedication. If a developer
agrees to construct ten (10) percent of the total dwelling units in a common interest development for
persons or families of moderate income, provided that all units in the development are offered to the
public for purchase, the director shall grant the developer, upon the developer’s request, a density
bonus, the density bonus shall be calculated as follows:
Percentage Moderate-
Income Units
Percentage Density
Bonus
10 5
11 6
12 7
13 8
14 9
15 10
16 11
17 12
18 13
19 14
20 15
C3 - 14
Ordinance No. 1591 (2013 Series) Attachment 1
GPA 65-12
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
H. Land Donation Dedication. If a developer for a tentative subdivision map, parcel map, or other
residential development approval donates land to the city for affordable housing in accordance with
this chapter and the provisions set forth in California Government Code Section 65915-65918, the
applicant shall be entitled to a fifteen (15) percent increase above the otherwise maximum allowable
residential density for the entire development, the director shall grant the applicant, upon the
applicant’s request, a density bonus, the density bonus shall be calculated as follows:
Percentage Very Low-
Income Units
Percentage Density
Bonus
10 15
11 16
12 17
13 18
14 19
15 20
16 21
17 22
18 23
19 24
20 25
21 26
22 27
23 28
24 29
25 30
26 31
27 32
28 33
29 34
30 35
C3 - 15
Ordinance No. 1591 (2013 Series) Attachment 1
GPA 65-12
I. An applicant may elect to accept a lesser percentage of density bonus.
K. Parking Requirements. Upon the request of the developer, parking ratios of a development meeting
the criteria of this section, inclusive of handicapped and guest parking, shall be as follows:
1. Studio to one bedroom: one onsite parking space.
2. Two to three bedrooms: two onsite parking spaces.
3. Four or more bedrooms: two and one-half parking spaces.
a. If the total number of parking spaces required for a development is other than a whole number, the
number shall be rounded up to the next whole number.
b. For purposes of this section, a development may provide onsite parking through tandem or
uncovered parking, but not through on street parking.
c. An applicant may request additional parking incentives or concessions beyond those provided in
this section, subject to section 17.90.060.
17.90.050 Standard incentives for conversion of apartments to condominium
projects.
A. For the purposes of this section, “other incentives of equivalent financial value” shall not be
construed to require the city to provide cash transfer payments or other monetary compensations but
may include the reduction or waiver of requirements which the city might otherwise apply as
conditions of conversion approval.
B. For purposes of this section, “density bonus” means an increase in units of twenty -five percent over
the number of apartments, to be provided within the existing structure or structures proposed for
conversion.
C. When an applicant for approval to convert apartments to condominium units agrees to provide at
least thirty-three percent of the total units of the proposed condominium project to persons and
families of low or moderate income, or fifteen percent of the total units of the proposed
condominium project to lower income households, and agrees to pay for the reasonable, necessary
administrative costs incurred by the city pursuant to this section, the director shall grant a density
bonus or provide other incentives of equivalent financial value as it finds appropriate.
D. Nothing in this section shall be construed to require the city to approve a proposal to convert
apartments to condominiums.
E. An applicant shall not be eligible for a density bonus under this section if the apartments proposed
for conversion constitute a housing development for which a density bonus or other incentives were
provided under Sections 17.90.040 or 17.90.060 of this chapter.
F. The city shall grant the developer’s request for development incentive(s) unless the city council
makes written findings of fact that the additional incentive(s) are not required to achieve affordable
housing objectives as defined in Section 50062.5 of the Health and Safety Code, or to ensure that
sales prices for the targeted dwelling units will be set and maintained in conformance with city
affordable housing standards. (Ord. 1282 § 2, 1995; Ord. 1035 § 1 (part), 1985)
17.90.060 Alternative or additional incentives.
When a developer agrees to construct housing for households of very-low, lower or moderate
income households, or for qualifying senior households, and desires an incentive other than a density
C3 - 16
Ordinance No. 1591 (2013 Series) Attachment 1
GPA 65-12
bonus as provided in Section 17.90.040 of this chapter, or when an applicant for approval to convert
apartments to a condominium project agrees to provide housing for households of very low, lower,
or moderate income, or for qualifying senior households, the developer shall receive the following
number of incentives or concessions:
1. One incentive or concession for housing developments that include at least ten (10) percent of
the total units for lower income households, at least five (5) percent for very-low income
households, or at least ten (10) percent for persons and families of moderate income in a
common interest development.
2. Two incentives or concessions for housing developments that include at least twenty (20)
percent of the total units for lower income households, at least ten (10) percent for very-low
income households, or at least twenty (20) percent for persons and families of moderate income
in a common interest development.
3. Three incentives or concessions for housing developments that include at least thirty (30)
percent of the total units for lower income households, at least fifteen (15) for very-low income
households, or at least thirty (30) percent for persons and families of moderate income in a
common interest development.
B. Alternative incentive proposals shall include information set forth in Section 17.90.030 (B) as well as
a description of the requested incentive, an estimate of the incentive’s financial value in comparison
with the financial value of the density bonus allowed in Section 17.90.040, as well as the basis for
the comparison estimate. Alternative incentive proposals shall be considered by the council and may
include but are not limited to one or more of the following:
1. A reduction in site development standards or modification of zoning code requirements or
architectural design requirements that exceeds the minimum building standards approved by the
California Building Standards Commission as provided in Part 2.5 (commencing with Section
18901) of Division 13 of the Health and Safety Code, including, but not limited to, a reduction
in setback and square footage requirements and in the ratio of vehicular parking spaces that
would otherwise be required that results in identifiable, financially sufficient, and actual cost
reductions.
2. Approval of mixed use zoning in conjunction with the housing project if commercial, office,
industrial, or other land use will reduce the cost of the housing development and if the
commercial, office, industrial, or other land uses are compatible with the housing project and the
existing or planned development in the area where the proposed housing project will be located.
3. Density bonus in excess of that provided in Section 17.90.040;
4. Waiver of application and development review processing fees;
5. Waiver of utility connection or park land in-lieu fees or park land dedication requirement;
6. City funded installation of off-site improvements which may be required for the project, such as
streets or utility lines;
7. Write-down of land costs;
8. Direct subsidy of construction costs or construction financing costs;
9. Other regulatory incentives or concessions proposed by the developer or the city that result in
identifiable, financially sufficient, and actual cost reductions shall also include provisions for
assuring continued availability of designated units at affordable rents or sales prices for a period
C3 - 17
Ordinance No. 1591 (2013 Series) Attachment 1
GPA 65-12
of not less than thirty (30) years, or as otherwise required by state law.
C. Proposals for approval to convert apartments to a condominium project shall include those relevant
items set forth in Section 17.90.040 (G), plus the requested incentive, an estimate if the incentive’s
financial value in comparison with the financial value of the density bonus as set forth in Section
17.90.050, and the basis for the comparison estimate. Nothing in this section shall be construed to
require the city to provide cash transfer payments or other monetary compensation. The city may
reduce or waive requirements which the city might otherwise apply as conditions of conversion
approval.
D. Nothing in this section shall be construed to require the council to approve any alternative incentive
or concession The council shall approve the requisite number of incentives or concessions afforded
by Section 17.90.060. However, the details surrounding the incentives or concessions shall be at the
discretion of the council.
E. The council action on any alternative incentive proposal shall be by resolution. Any such resolution
shall include findings relating to the information required in subpart B or D of this section.
17.90.070 Relationship to other city procedures.
A. Projects incorporating affordable housing and receiving density bonuses, incentives, or alternative
incentives as provided in this chapter shall receive high priority processing, to the extent allowed by
law. Operation of Sections 17.90.040 or 17.90.050, or approval of alternative incentives as provided
in Section 17.90.060 shall not be construed as a waiver of standard development review procedures
or an exemption of the project from city development standards other than those explicitly listed in
the approving resolution. Should a project fail to receive any required city approval, the density
bonus or alternative incentive granted under this chapter shall be null and void.
B. Applications of Sections 17.90.040 and 17.90.050 to projects shall be ministerial acts for purposes of
environmental review. Environmental documents need not be filed solely for recordation of
agreements concerning the density bonus and provision of affordable housing. Normal
environmental review procedures shall apply to the project applications.
C. If the council approves an alternative incentive as provided in Section 17.90.060, such approval shall
be subject to and conditioned upon an environmental determination being made for the project in the
usual manner. The community development department shall outline for the council any probable,
significant environmental effects which would result from the proposed incentive. (Ord. 1282 § 2,
1995; Ord. 1035 § 1 (part), 1985)
17.90.080 Agreements for affordable housing.
Prior to the issuance of construction permits for any project incorporating a density bonus or other
incentive as provided in this chapter, the city and the project owner(s) shall enter into an agreement in a
form acceptable to the city attorney, to be recorded in the office of the county recorder. The agreement
shall specify mechanisms or procedures to assure the continued affordability and availability of the
specified number of dwelling units to very-low, lower, and moderate income households and/or
qualifying seniors. The agreement shall also set forth those items required by Section 17.90.040 (G) of
this chapter or any alternative incentives granted pursuant to Section 17.90.060 of this chapter. The
agreement shall run with the land and shall be binding upon all heirs, successors or assigns of the project
or property owner, and shall ensure affordability for a period of not less than thirty years, or as otherwise
required by state law. (Ord. 1282 § 2, 1995; Ord. 1035 § 1 (part), 1985)
C3 - 18
Ordinance No. 1591 (2013 Series) Attachment 1
GPA 65-12
17.90.090 Fees.
A. No fee in addition to normal project application fees shall be charged for a request for a density
bonus pursuant to the provisions of Sections 17.90.040 or 17.90.050, except for reasonable,
necessary administrative costs incurred by the city pursuant to Section 17.90.050.
B. A fee not to exceed the amount charge for "pre-application concept review" may be charged for
proposals submitted pursuant to the provisions of Section 17.90.060. (Ord. 1282 § 2, 1995; Ord.
1035 § 1 (part), 1985)
17.90.100 Affordability standards.
A. The community development department shall publish and revise as needed a schedule of rental
rates and sales prices for dwellings which will be affordable to households with incomes as provided
in this chapter. The schedule shall substantially conform with the affordability standards as
established by state or federal law.
B. The maximum rental rates and sales prices as revised, generally on an annual basis, shall remain in
effect for projects receiving density bonuses or additional incentives under this chapter as provided
in the affordable housing agreement, but in no case less than the minimum term required by state
law. (Ord. 1282 § 2, 1995; Ord. 1035 § 1 (part), 1985)
17.90.110 Occupant screening.
A. The affordable dwellings developed pursuant to this chapter shall be available to qualified occupants
without regard to race, religion, national origin, sex, occupation or other affiliation. Occupants may
be screened on the basis of age only to qualify those occupants seeking housing designed for the
elderly.
B. The city housing authority or other third party acceptable to the Community Development Director
shall screen prospective occupants so that dwellings developed pursuant to this chapter shall be
occupied by households with the appropriate qualifying incomes or ages. Owners of projects shall
enter into agreements with the housing authority for such screening services.
C. Preference in occupant screening shall be given to those employed within or residing within the city
or the immediately surrounding area, to the extent that this provision does not conflict with state or
federally funded housing assistance programs which may apply to a particular project, or other
applicable law. This section is to insure that those households having the greatest difficulty obtaining
housing at market rates within the city shall be able to occupy affordable housing made available
pursuant to this chapter. (Ord. 1282 § 2, 1995; Ord. 1035 § 1 (part), 1985).
SECTION 21. Sign Regulations section 15.40.600 Requests for exceptions: of
the City of San Luis Obispo’s Municipal Code is hereby amended to read as follows:
15.40.600 Requests for exceptions.
Unusual site conditions or other design factors may warrant signs not otherwise permitted by these
regulations. A sign permit application which includes a request for exceptions to standards established by
these regulations is subject to architectural review commission or Community Development Director
review consistent with Section 15.40.480 of these regulations. Exceptions require a separate application
and fees for ARC review, which must be approved before a sign permit will be issued. (Ord. 1455 § 2
(part), 2004)
C3 - 19
Ordinance No. 1591 (2013 Series) Attachment 1
GPA 65-12
SECTION 22. Zoning Regulations section 17.16.020.D.2. Discretionary
Exceptions. of the City of San Luis Obispo’s Municipal Code is hereby amended to
read as follows:
2. Discretionary Exceptions.
a. Reduced Street Yards. Upon approval of a use permit, or in conjunction with tandem
parking approval, the director may allow street yards to be reduced to zero for unenclosed
parking spaces. Street yard reductions are not intended to allow for garage conversions.
Street yards may be reduced to 10-feet for structures including carports. Reductions may
be approved for garages when the driveway is long enough to accommodate a parked car
that doesn't overhang the sidewalk (18.5 feet min.).
b. Variable Street Yards in Subdivisions. In new residential subdivisions, the entity
approving the subdivision may approve variable street yards, to be noted on the approved
map, provided the average of the yards on a block is at least 15 feet and no yard is less than
10 feet. Garages or carports which back directly onto the public right-of-way shall maintain
a minimum setback so that a parked car doesn’t overhang the sidewalk (18.5 feet).
c. Variable Other Yards In Subdivisions. In new residential subdivisions, the entity
approving the subdivision map may approve exceptions to the other yard standards, with
the exceptions to be noted on the map, provided a separation of at least 10 feet between
buildings on adjacent lots will be maintained and an acceptable level of solar exposure will
be guaranteed by alternative yard requirements or private easements to ensure the
development will comply with solar access standards of General Plan Conservation and
Open Space Element Policy 4.5.1.
d. Other Yard Variations in Previously Subdivided Areas. Upon approval of a use permit,
the Director may allow other yards to be reduced to zero under either of the following
circumstances:
i. When there exists adequate recorded agreement running with the land to maintain at
least 10 feet of separation between buildings on adjacent parcels and the development
will comply with solar access standards of General Plan Conservation and Open Space
Element Policy 4.5.1; or
ii. When the reduction is for either a minor addition to an existing legal structure which is
non-conforming with regard to yard requirements or for a detached single-story
accessory structure provided that the Director makes the following findings: (Ord.
1365 (2000 Series)(part))
o in the case of a minor addition, that the minor addition is a logical extension of the
existing non-conforming structure; (Ord. 1365 (2000 Series)(part))
o in the case of a detached single-story accessory structure, that the accessory
structure is consistent with the traditional development pattern of the
neighborhood and will have a greater street yard setback than the main structure;
(Ord. 1365 (2000 Series)(part))
o that adjacent affected properties will not be deprived of reasonable solar exposure;
(Ord. 1365 (2000 Series)(part)) and the development will comply with solar access
standards of General Plan Conservation and Open Space Element Policy 4.5.1.
o that no useful purpose would be realized by requiring the full yard;
o that no significant fire protection, emergency access, privacy or security impacts
are likely from the addition; and
o that it is impractical to obtain a 10-foot separation easement pursuant to subsection
"i" above.
All such minor additions and new accessory structures shall comply with applicable
provisions of Title 15, Building and Construction Regulations, of this code (see also
C3 - 20
Ordinance No. 1591 (2013 Series) Attachment 1
GPA 65-12
Chapter 17.14, Non-conforming structures). (Ord. 1365 (2000 Series)(part))
e. Other Yard Building Height Exceptions. Upon approval of a use permit, the Director
may allow exceptions to the standards provided in Tables 3, 4, and 5 of subsection C2 of
this section. Such exceptions may be granted in any of the following and similar
circumstances, but in no case shall exceptions be granted for less than the minimum yard
required: (Ord. 1365 (2000 Series)(part))
i. When the property that will be shaded by the excepted development will not be
developed or will not be deprived of reasonable solar exposure, considering its
topography and zoning;
ii. When the exception is of a minor nature, involving an insignificant portion of total
available solar exposure;
iii. When the properties at issue are within an area where use of solar energy is generally
infeasible because of landform shading;
iv. When adequate recorded agreement running with the land exists to protect established
solar collectors and probable collector locations;
v. When the property to be shaded is a street.
vi. Where no significant fire protection, emergency access, privacy or security impacts are
likely to result from the exception. (Ord. 1365 (2000 Series)(part))
vii. The development will comply with solar access standards of General Plan
Conservation and Open Space Element Policy 4.5.1.
Any other exception to the height limits requires approval of a variance as provided in Chapter 17.60.
For height limits of signs, see Chapter 15.40. Sign Regulations. (Ord. 1085 - 1 Ex. A (part), 1987; Ord.
1006 - 1 (part), 1984; Ord. 941 - 1 (part), 1982: prior code - 9202.5(E))
SECTION 23. Zoning Regulations section 17.16.020.C.3. Yard Standards of
the City of San Luis Obispo’s Municipal Code is hereby amended to read as follows:
17.16.020 Yards.
C. Yard Standards
3. Yards with City-required landscape plans and storm water facilities shall be landscaped
and maintained in accordance with approved plans.
SECTION 24. Zoning Regulations section 17.16.120.D. Planning Applications
and approvals required of the City of San Luis Obispo’s Municipal Code is hereby
amended to read as follows:
17.16.120 Wireless telecommunication facilities.
D. Planning Applications and approvals required.
1. Installation of a new wireless telecommunication or significant modification as determined by
the Director, of an existing installation shall require administrative use permit approval and
architectural review.
2. The co-location of a new wireless telecommunication with an existing approved installation, or
minor modification of an existing installation shall only require architectural review.
C3 - 21
Ordinance No. 1591 (2013 Series) Attachment 1
GPA 65-12
3. The applicant shall submit application materials and fees as required by the Community
Development Department.
SECTION 25. Zoning Regulations section 17.64 Repeat Applications of the
City of San Luis Obispo’s Municipal Code is hereby amended to read as follows:
Chapter 17.64: REPEAT APPLICATIONS
Sections:
17.64.010 Waiting period of one year required when- Exceptions.
17.64.010 Waiting period of one year required when- Exceptions.
A. When any application made pursuant to these regulations has been denied, no new application which
is substantially the same shall be filed within one year of the date of the previous denial unless the
Planning Commission or Council, for good cause, shall grant permission to do so. The Council or
Planning Commission shall initiate such application based on whether the project was denied by the
Commission or Council. If the decision to deny an application reviewed by the Planning
Commission is finally determined on appeal by the City Council, the Council shall grant permission
B. The Director shall determine when an application is substantially the same as a previous application,
subject to the appeal procedures of Chapter 17.66. (Ord. 941 -1 (part), 1982: prior code - 9204.9)
SECTION 26. Zoning Regulations section 17.70.020. Initiation of the City of
San Luis Obispo’s Municipal Code is hereby replaced and amended to read as follows:
17.70.020 Initiation.
An amendment to these regulations may be initiated by:
A. A resolution of intention of the City Council
SECTION 27. Zoning Regulations section 17.80.040.A. Initiation of
Amendment by Planning Commission or the City Council of San Luis Obispo’s
Municipal Code is hereby amended to read as follows:
A. Initiation of Amendment by the City Council. The City Council may initiate general plan
amendments at any time by directing staff to prepare the necessary analysis and scheduling the
proposed amendment for consideration at a hearing, as provided in Section 17.80.050.
SECTION 28. Table 9. Uses Allowed By Zone. Services - General land uses
of the City of San Luis Obispo’s Municipal Code is amended to read as follows:
C3 - 22
Ordinance No. 1591 (2013 Series) Attachment 1
GPA 65-12
SECTION 29. Severability. If any subdivision, paragraph, sentence, clause,
or phrase of this ordinance is, for any reason, held to be invalid or unenforceable by a
court of competent jurisdiction, such invalidity or unenforceability shall not affect the
validity or enforcement of the remaining portions of this ordinance, or any other
provisions of the City’s rules and regulations. It is the City’s express intent that each
remaining portion would have been adopted irrespective of the fact that any one or
more subdivisions, paragraphs, sentences, clauses, or phrases be declared invalid or
unenforceable.
SECTION 30. 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.
Permit Requirement by Zoning District Specific use
Land Use AG C/OS R1R2R3R4 PF O (1)C-NC-CC-DC-RC-TC-SM BP Regulations
SERVICES - BUSINESS, FINANCIAL & PROFESSIONAL
ATMs AAAAAAAAA
Banks and financial services A AAAD(4)D(4)D
Business support services A AA/DA AAA
D DDAD(11)D(11)
Medical service - Doctor office AA/DA/DAD(11)D(11)
Medical service - Extended care PCPC D PCPC D
Medical service - Hospital PCPC
Convalescent hospital PCPC
Office - Accessory AAAAAAAA
Office - Business and service A AA/DAD (4)D(4)D
Office - Government D PC AA PC
Office - Processing D DDD(4)D(4)A
Office - Production and administrative AA/DA/DAD(4)D(4)A
Office - Professional AA/DA/DA D
Office - Temporary See Section 17.08.010.C
Photographer, photographic studio AA/DA PC A
SERVICES - GENERAL
Catering service DDADAA
Cemetery, mausoleum, columbarium PCPCPCPCPCPC PCPCPCPC
Copying and Quick Printer Service AAAAA AAA
Day care - Day care center (child/adult)D(9)D(9)D(9)D(9)D(9)AAAA/DAD(9)D(9)D(9)D17.08.100
Day care - Family day care home (small/large)AAAAAA AAAAAA 17.08.100
Equipment rental AAD
DD
Maintenance service, client site services AA PC
Mortuary, funeral home DD A D
Personal services AAAADA D
Personal services - Restricted D D
Public safety facilities PC PC
Public utility facilities PC AA 17.08.080
AAD
Residential Support Services AAAA
Social service organization DADAAA DDD
AAD
PC D AAD
Vehicle services - Carwash D D PC DD
PCPC DD
DDAA/DA A
D
Veterinary clinic/hospital, boarding, large
animal
Vehicle services - Repair and maintenance -
Minor
Repair service - Equipment, large appliances,
etc.
Veterinary clinic/hospital, boarding, small
animal, indoor
Medical service - Clinic, laboratory, urgent
care
Vehicle services - Repair and maintenance -
Major
Food bank/packaged food distribution center
Veterinary clinic/hospital, boarding, small
animal, outdoor
C3 - 23
Ordinance No. 1591 (2013 Series) Attachment 1
GPA 65-12
This ordinance shall go into effect at the expiration of thirty (30) days after its final
passage.
INTRODUCED on the_______ day of _____, 2013, AND FINALLY
ADOPTED by the Council of the City of San Luis Obispo on the______ day
of______, 2013, on the following vote:
AYES:
NOES:
ABSENT:
Jan Howell Marx, Mayor
ATTEST:
Sheryll Schroeder, Interim City Clerk
APPROVED AS TO FORM:
Christine Dietrick, City Attorney
C3 - 24
C3 - 25
C3 - 26
C3 - 27
C3 - 28
AGENDA
CORRESPONDENCE
Schroeder, Sheryll DateS -20-13 Item#
From: Marx, Jan FAUG CEII►°E❑
Sent: Tuesday, August 20, 2013 2:58 PM
To: Schroeder, Sheryll 2 ®2013
Subject: FW:
` 11V'CLERK
Please post this as agenda correspondence.
Thanks,
Jan
From: Brett Cross [mailto:brettcross(- ayahoo.com]
Sent: Tuesday, August 20, 2013 2:53 PM
To: John Ashbaugh; Marx, Jan; Carpenter, Dan; Smith, Kathy
Subject:
Dear Council Members,
I am very concerned about reducing the street yard setback for carports. First
of all the City shouldn't be allowing construction of carports regardless. Most
are not consistent within most established neighborhoods and are not very
esthetically pleasing. To allow them to be built within 10 feet of the front
property line has been poorly thought out by the planning staff. With changes
to the parking requirements of Secondary Dwelling units it is likely that a
carport would be built for one of the spaces. This is the wrong direction to
take given the negative impact carports have on neighborhood character in
established neighborhoods.
Sincerely,
Brett Cross
1217 Mariners Cove
San Luis Obispo, CA
SECTION 22
Zoning Regulations section 17.16.020.D.2. Discretionary
Exceptions. of the City of San Luis Obispo's Municipal Code is hereby
amended to
read as follows:
2. Discretionary Exceptions.
a. Reduced Street Yards.
Upon approval of a use permit, or in conjunction with tandem
parking approval, the director may allow street yards to be reduced to zero for unenclosed
parking spaces. Street yard reductions are not intended to allow for garage conversions.
Street yards may be reduced to 10 -feet for structures including carports. Reductions may
be approved for garages when the driveway is long enough to accommodate a parked car
that doesn't overhang the sidewalk (18.5 feet min.).