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HomeMy WebLinkAboutO-1606 Amend Title 17 (Zoning Regs) associated with Bedroom Definition, Guest Quarters, Accessory unitsORDINANCE NO. 1606 (2014 Series) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO AMENDING TITLE 17 (ZONING REGULATIONS) OF THE MUNICIPAL CODE ASSOCIATED WITH THE BEDROOM DEFINITION, GUEST QUARTERS AND ACCESSORY STRUCTURE REGULATIONS AND ZONING AMENDMENT INITIATIONS WITH A CATEGORICAL EXEMPTION FROM ENVIRONMENTAL REVIEW (GPA 110 -14) 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 (GPA 65 -12) and April 9, 2014 (GPI 16 -14 & 45 -14: Amendment Initiations), and recommended approval of amendments to the Municipal Code with the exception of guest house regulations and the bedroom definition; 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, and approved Municipal Code amendments recommended by the Planning Commission on April 24, 2013 (GPA 65 -12) and directing staff to return to the City Council with modified language for guest houses and the bedroom definition; 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 1, 2014, for the purpose of considering amendments to the Municipal Code (GPA 110 -14); 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.b3. Municipal Code amendments included in Sections 3 through 7 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: 01606 Ordinance No. 1606 (2014 Series) GPA 110 -14 Page 2 Sections 3 & 4. Modifications to Zoning Code definitions including guest quarters, accessory structures, and bedrooms 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 5 & 6. Establishment of regulations for Guest Quarters and Accessory Structures will not have a significant effect on the environment since the regulations consist of performance standards and review process for regulating such uses and associated development must comply with all existing Zoning Regulations including zoning, density, height, setbacks, and other requirements. The proposed amendments have no potential for a significant effect on the environment. Section 7. The modification of the existing land use category in Table 9 (Uses allowed by Zone) Groceries, liquor and specialty foods, and addition of new land use categories Restaurant with Late Hour Alcohol Service and Liquor Store /Alcohol sales will not have a significant effect on the environment since the modification implements previously adopted Alcohol Outlet Regulations and will not have any effect on development standards or regulations which could have any significant effect on the environment. Section 8. 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 provided by authorization from an approved entity. Modifying current regulations to include the Community Development Director and Planning Commission's authority to initiate General Plan and Zoning Amendments 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. The Zoning Text change to the list of entities eligible to initiate Zoning Amendments is consistent with the Community Development Department's Organizational Assessment and the City Economic Development Strategic Plan, both of which call for streamlining the development review process. 3. 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. Ordinance No. 1606 (2014 Series) GPA 110 -14 Page 3 4. The project is exempt from environmental review under section 15061.b3 of the CEQA Guidelines as detailed in Section 1 above. SECTION 3. Chapter 17.100. "Definitions, A." (Accessory structures) of the City of San Luis Obispo's Municipal Code is amended to read as follows: Accessory structures. "Accessory structures" are located upon the same site as the structure or use to which it is accessory. Accessory structures may consist of detached structures or additions to primary structures. The use of an accessory structure is incidental, and subordinate to the use of the principle structure, or to the principle land use of the site. "Accessory structures" that include habitable space, as defined by the California Building Code, shall be no larger than 450 square feet. Accessory structures shall comply with the requirements of section 17.21.030. SECTION 4. Chapter 17.100. "Definitions, B." (Bedroom) of the City of San Luis Obispo's Municipal Code is amended to read as follows: Bedroom. Any space in a dwelling unit which contains a minimum of 70 square feet of floor area unless it is one of the below listed rooms or common spaces. The "Bedroom" definition does not include garages, attic space, or similar spaces which are not habitable such as foyers, storage closets, utility rooms, or unfinished attics and basements. The following rooms /common spaces which are adjacent and open to common areas are not considered bedrooms: Hallway; Bathroom; Kitchen /Breakfast nook; Living Room, Family room, Dining room; Den (see definition, 17.100.D.); Loft (see definition for requirements, 17.1001.); Laundry room; The Director shall determine whether spaces which do not clearly meet the definition of a "bedroom" meet the intent of this regulation or need to be forwarded to the Planning Commission for Use Permit review. Spaces (i.e. not bedrooms) established prior to (August 14, 2014) using the previous bedroom definition ( >50% open wall area with an adjoining room) may remain and will not be considered bedrooms consistent with floor plans approved with a building permit. SECTION 5. Chapter 17.100. "Definitions, G." (Guest House) of the City of San Luis Obispo's Municipal Code is amended to read as follows: Guest Quarters. A separate accessory space, attached or detached, which contains bathroom facilities including toilets, bathing facilities, showers, or sinks but does not contain a kitchen (see kitchen definition in section 17.100 K). 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. Guest quarters shall be no larger than 450 square feet. Guest quarters shall comply with the requirements of section 17.21.020. SECTION 6. Chapter 17.21 (Secondary Dwelling Units) of the City of San Luis Obispo's Municipal Code is hereby repealed and replaced to read as follows: Chanter 17.21: Accessory Spaces Ordinance No. 1606 (2014 Series) GPA 110 -14 Page 4 Sections: 17.21.010 Secondary Dwelling Units 17.21.020 Guest Quarters 17.21.030 Accessory Structures 17.21.010 Secondary Dwelling Units. A. Purpose. 1. This section is intended to implement Government Code Section 65852(.150) and (2), which allows the city to perform administrative architectural review and apply specific development standards to secondary dwelling units in residential zones. 2. The city intends to regulate secondary dwelling units as permitted by Section 65852.2(a) of the State Government Code, and other applicable sections. 3. The city recognizes opportunities to implement certain policies and programs of the city housing element of the general plan by providing for and regulating secondary dwelling units. 4. Implementation of this section is meant to expand housing opportunities for low- income and moderate - income or elderly households by increasing the number of rental units available within existing neighborhoods. Secondary dwelling units are intended to provide livable housing at lower cost while providing greater security, companionship and family support for the occupants. B. Definitions. For the purpose of this section, the following words and phrases have the meanings given them in this section: 1. "Administrative use permit" is defined as defined by Chapter 17.58 of this code. 2. "Director" means the director of the community development department or his designate. 3. "Nonconforming lot' is defined as defined by Chapter 17.12 of this code. 4. "Nonconforming use" is defined as defined by Chapter 17.10 of this code. 5. "Primary unit' means an existing single - family residential structure that conforms with all zoning regulations in effect, including this section. 6. "Secondary dwelling unit' means an attached or detached dwelling unit which provides complete independent living facilities for one or more persons and complies with all provisions of this section. It shall include permanent provisions for living, sleeping, eating, cooking and sanitation on the same parcel as the primary unit is sited. 7. Studio means a one -room dwelling unit with not more than 450 square feet of gross floor area as defined in Section 17.100. C. General requirements. 1. Application. Where this section does not contain a particular type of standard or procedure, conventional zoning standards and procedures shall apply. 2. Areas Where Secondary Dwelling Units Are Allowed. Upon meeting the requirements of this section, secondary dwelling units 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 - family dwelling. 3. Areas Prohibited. Secondary dwelling units shall not be allowed on non - conforming lots. Secondary dwelling units 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, and under no circumstances shall a Ordinance No. 1606 (2014 Series) GPA 110 -14 Page 5 secondary dwelling unit be allowed, where in the opinion of the director, a resource deficiency exists as defined by Chapter 2.44 of this code. 4. Owner Occupancy. Either the primary unit or secondary dwelling unit must be owner- occupied as an owner's primary residence. 5. No Subdivision of Property. No subdivision of property shall be allowed where a secondary dwelling unit has been established unless the subdivision meets all requirements of zoning and subdivision regulations. Nothing in this section shall prohibit joint ownership of the property where a secondary dwelling unit has been established. 6. Sale of Property. This section shall also apply to new owners of property where a secondary dwelling unit has been established if the property is sold. All conditions of the use permit, restrictive covenants and other contractual agreements with the city shall apply to the property and new owners. 7. Unit Type Allowed. A secondary dwelling unit may be attached, detached or located within the living area of the primary unit on the lot. 8. Size of Secondary Dwelling Unit. The gross floor area of the secondary dwelling unit shall not exceed four hundred fifty square feet and shall meet the definition of a studio apartment as defined by Section 17.100. The planning commission may authorize exception to this standard by use permit upon finding that: a. The purpose of this section is served; b. Strict compliance with the size limitation would (a) require significant structural modifications that would not be required otherwise; or (b) adversely affect an historic or architecturally significant building. 9. Secondary dwelling units are limited to 1 unit per qualifying property. D. Performance standards. 1. 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. a. Secondary dwelling units shall conform to all applicable building and construction codes. b. 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. c. Secondary dwelling units shall be designed as to provide separate living conditions and provide a safe and convenient environment for the occupants. d. Secondary dwelling units should also be architecturally and functionally compatible with the primary residence. (Ord. 1004 1 (part), 1984; prior code 9930) e. 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. f. 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. g. 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 Ordinance No. 1606 (2014 Series) GPA 110 -14 Page 6 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. 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. i. 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 j. 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). k. 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. E. Procedure requirements. Prior to filing building plans with the City Building Division, the following shall be met: Architectural Review Required. All requests shall be reviewed for consistency with the City's Community Design Guidelines and architectural review ordinance. The director 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. 2. 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. 3. Additional Requirements. a. Owners Agreement with the City. Prior to the issuance of construction permits a covenant agreement shall be recorded which discloses the structure's approved floor plan and status as a "secondary dwelling unit" and agreeing that the property will be owner - occupied. This agreement shall be recorded in the office of the County Recorder to provide constructive notice to all future owners of the property. 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 owner occupancy is not possible, then the use will terminate, and the structure will be returned to a condition compliant with applicable regulations, to the satisfaction of the Director. 4. Appeal. Appeal procedures for this section shall be as provided by chapter 2.48.080 (Appeals - Architectural Review). Ordinance No. 1606 (2014 Series) GPA 110 -14 Page 7 F. Violations. Violation of any of the provisions shall be basic code enforcement action. 17.21.020 Guest Quarters. A. Purpose and Intent. 1. The purpose of this section is to establish regulations for the development of guest quarters as an approved accessory use to a primary residential unit. 2. Regulations on guest quarters are established to prevent conversion of guest quarters into unpermitted living space to ensure that such structures are not used as separate dwelling units. 3. Unpermitted conversion of guest quarters could result in effects detrimental to the public health, safety, and welfare of the community, , including but not limited to fire and life safety threats, adverse neighborhood parking, traffic congestion and noise impacts, and creation of nuisances related to increased, unpermitted residential density without appropriate permit conditions and mitigations, and the maintenance of unsafe or unsanitary permanent living quarters not permitted or intended to support primary residential uses. B. Applicability. This section applies to guest quarters as defined in section 17.100.G. "Guest Quarters" and provided below: a. Guest Quarters. A separate accessory space, attached or detached, which contains bathroom facilities including toilets, bathing facilities, showers, or sinks but does not contain a kitchen (see kitchen definition in section 17.100 K). 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. Guest quarters shall be no larger than 450 square feet. Guest quarters shall comply with the requirements of this section. 2. This section does not apply to legally established dwellings, or secondary dwelling units and accessory structures which are separately defined in sections 17.21.010 and 17.21.030 respectively. 3. This section does not apply to legally established guest quarters (previously titled guest houses) permitted prior to the effective date of this ordinance (August 14, 2014). C. General Requirements. 1. 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. Density and Size. The structure must be consistent with density provisions and development standards of the underlying zone. For the purposes of calculating density in multi - family zones, guest quarters will be considered an additional bedroom, accessory to the primary unit. The structure may not exceed 450 square feet and shall remain in an open floor plan (studio configuration). b. Areas where 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- family dwelling. c. Areas prohibited. Guest quarters shall not be allowed on non - conforming lots. Guest quarters shall not be established in any condominium or planned development project unless specifically addressed in the planned development ordinance as adopted or amended, or any mobile home subdivision or trailer park. d. 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 Ordinance No. 1606 (2014 Series) GPA 110 -14 Page 8 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. e. No separate rental. Guest quarters may not be rented separately from the primary dwelling unit. f No kitchen facilities. No facilities meeting the definition of a "Kitchen" in 17.100.K. may be installed and plumbing shall be provided for bathroom use only. No plumbing may be provided to "wet bars ", dishwashers, or any features which could be used for a kitchen. Plans approved for construction of guest quarters shall not include countertops or plumbing designed for subsequent installation of sinks, dishwashers, garbage disposals, or any other features consistent with the definition of a "Kitchen ". D. Procedure Requirements. Prior to filing building plans with the City Building Division, the following shall be met: 1. Architectural Review Required. All requests shall be reviewed for consistency with the City's Community Design Guidelines and architectural review ordinance. The Director shall determine, upon receiving a complete application, whether the project shall be forwarded to the Architectural Review Commission for review. All new development projects within Historic Districts or within properties that contain designated historic structures shall be referred to the Cultural Heritage Committee to be reviewed for consistency with Secretary of Interior Standards for treatment of a historic property. 2. Application Contents. A Guest Quarters Permit shall be approved by the Director prior to the submittal of documents requesting construction approval. No additional application fees for architectural review shall be required. 3. Additional Requirements. a. Owners Agreement with the City. Prior to the issuance of construction permits a covenant agreement shall be recorded which discloses the structure's approved floor plan and status as "guest quarters ", which cannot be used as an independent dwelling unit, and may only be used in conjunction with the primary residence that contains a kitchen. This agreement shall be recorded in the office of the County Recorder to provide constructive notice to all future owners of the property. The covenant agreement also may contain authorization for annual inspections, and to allow the City upon reasonable time and notice, to inspect the premises for compliance with the agreement and to verify continued compliance with requirements of this section and health and safety codes. If a property can no longer be occupied as the owner's primary place of residence, the guest quarters may continue to be used as habitable space (e.g. office, pool house, art studio) but can no longer be used as overnight sleeping quarters. E. Appeal. Appeal procedures for this section shall be as provided by Chapter 17.66 (Appeals). 17.21.030 Accessory Structures. A. Purpose and Intent. 1. The purpose of this section is to establish regulations for the development of accessory structures such as a garage, storage shed, or shop building as an approved accessory use. 2. Regulations on accessory structures are established to provide a distinction between non - habitable accessory structures (e.g. garage, storage shed, shop building) and accessory living spaces (e.g. secondary dwelling units, guest quarters, office, pool house, etc.). These regulations establish standards which prevent the conversion of accessory structures into unpermitted living space to ensure that such structures are not used as separate dwelling units. 3. Unpermitted conversion of accessory structures is detrimental to the public health, safety, and welfare of the community. Ordinance No. 1606 (2014 Series) GPA 110 -14 Page 9 B. Applicability. 1. This section applies to accessory structures as defined in section 17.100.A. "Accessory Structures" and provided below: a. Accessory structures. "Accessory structures" are located upon the same site as the structure or use to which it is accessory. Accessory structures may consist of detached structures or additions to primary structures. The use of an accessory structure is incidental, and subordinate to the use of the principle structure, or to the principle land use of the site. "Accessory structures" that include habitable space, as defined by the California Building Code, shall be no larger than 450 square feet. Accessory structures shall comply with the requirements of this section. 2. This section does not apply to legally established dwellings, or secondary dwelling units and guest quarters which are separately defined in sections 17.21.010 and 17.21.020 respectively. 3. This section does not apply to legally established accessory structures permitted prior to the effective date of this ordinance (August 14, 2014). C. General Requirements. 1. Accessory structures shall conform to all applicable zoning regulations such as height, yards, parking, building coverage, etc., and shall be subject to the following provisions: a. No bathing facilities. No bathing facilities (e.g. shower, bathtub) may be installed. Plans submitted for a building permit may not include spaces within a bathroom designed for the later addition of bathing facilities. D. Procedure Requirements. 1. Building Permit. Development of accessory structures require approval of a building permit from the City's Building Division. a. Design Review. Plans submitted for a building permit will be reviewed for consistency with the City's Community Design Guidelines and architectural review ordinance. 2. Additional Requirements. a. Owners Agreement with the City. Prior to the issuance of construction permits a covenant agreement shall be recorded which discloses the structures approved floor plan and status as an "accessory structure" which cannot contain living space, including bathing facilities or a kitchen. This agreement shall be recorded in the office of the County Recorder to provide constructive notice to all future owners of the property. The covenant agreement also may contain authorization for annual inspections, and to allow the City upon reasonable time and notice, to inspect the premises for compliance with the agreement and to verify continued compliance with requirements of this section and health and safety codes. E. Appeal. Appeal procedures for this section shall be as provided by Chapter 17.66 (Appeals). SECTION 7. Chapter 17.22 (Use Regulation) Table 9 Uses Allowed by Zone - Retail Sales land uses of the City of San Luis Obispo's Municipal Code is hereby replaced and amended to read as follows: Ordinance No. 1606 (2014 Series) GPA 110 -14 Page 10 TABLE 9 - USES ALLOWED BY ZONE - Continued Land Use Permit Requirement by Zoning District specific use Regulations I AG CIOS R1 I R2 R3 R4 PF Olii C•N C -C C -D C -R C -T C-s M I BP RETAIL SALES Auto and vehicle sales and rental Auto parts sales, with installation Auto parts sales, without installation Bakery, retail Bar /ravern Building and landscape materials sales, indoor Building and landscape materials sales, outoor A A D A A D D A A D D D D(5) A A A D D A A A PC A A A A D D jj'. D D P A A A J A Construction and heavy equipment sales and rental - D D Convenience store D D D A A A A A D D D 17.08.095 Extended hour retail D D D D D D D D Farm supply and feed store Fuel dealer (propane, etc) Furniture, furnishings, and appliance stores General retail - 2,000 sf or less --- General retail -- Mom Ihah 2,000 sf, up la 15.000 sf General retail • More than 15.060 s }, up to 45,000 sf Generai retail - 'More t an 45,000 scup to _ - 60,000 sf PC A A D A A A A ._ A A D A D 1 A A A A A A D — A -- ; A(3) _.. D(3) _ D A - General r1- More than 60,000 s , up to 140.000 sf Groceries, - specially foods Liquor Stare /Alcohol Sales _ -- - - - -- PC PC PC A(10) A A A PC D D D D PC A PC A A A A A j D r D D A A I D D D D D I D D D See Section 17 08.020 A A A A A D D - D D D D D D i D D D D D D D D D ! D A See Section 17.08,050 17.11 Mobile home, RV, and boat sales _ Office - supporting retail, 2,000 sf or less Office- supporting retail, More than 2,000, up to 5,000 if Winetostingroom - off site Outdoor temporary and /or seasonal sales 17.08.020 Produce stand _ Restaurant Restaurant with late hour alcohol service Outdoor BBQ/Grill, accessary to restaurant Service station (Goo also "vohlale services} Vending machine Warehouse stores - 45,000 if or less gfa Warehouse stores - more than 45,000 sf gin D D 17.11 & 17.100,R. 17.08.030 17.08.050 -� - _ - -_ - T, _ p 1 " _ PC p PC PC SECTION 8. 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 Planning Commission B. A resolution of intention of the City Council; C. An application by the Director, or any other person or agency in the form prescribed by the Director. (Ord. 941 -1 (part), 1982: prior code — 92014.7(B)) SECTION 9. 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 Ordinance No. 1606 (2014 Series) GPA 110 -14 Page 11 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 10. A summary of this ordinance, together with the names of Council members voting for and against, shall be published at least five (5) days prior to its final passage, in The Tribune, a newspaper published and circulated in this City. This ordinance shall go into effect at the expiration of thirty (30) days after its final passage. INTRODUCED on the 1" day of July, 2014, AND FINALLY ADOPTED by the Council of the City of San Luis Obispo on the 15th day of July, 2014, on the following vote: AYES: Council Members Ashbaugh Carpenter Smith, Vice Mayor Christianson and Mayor Marx NOES: None ABSENT: None May r Jan Marx APPROVED AS TO {ORM: �J. Christine Dietrick City Attorney