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ORDINANCE NO. 746 (1978 Series)
AN ORDINANCE OF THE CITY OF SAN LUIS OBISPO AMENDING
MUNICIPAL CODE ARTICLE IX, CHAPTER 2, ZONING REGULA-
TIONS, ESTABLISHING A DWELLING UNIT OCCUPANCY LIMIT.
BE IT ORDAINED by the Council of the City of San Luis Obispo as
follows:
SECTION 1. Municipal Code Article IX, Chapter 2, Zoning Regulations,
Section 9200.1, Definitions, is hereby amended to read as follows:
(See attached Exhibit "A ".)
SECTION 2. Municipal Code Article IX, Chapter 2, Zoning Regulations,
Section 9200.16, General Regulations, is hereby amended to read as follows,
by the addition of subsection (I) Dwelling Unit Occupancy Limit:
(See attached Exhibit "B ".)
SECTION 3. This Ordinance, together with the ayes and noes, shall
be published once at least three days prior to its final passage, in the
Telegram- Tribune, a newspaper published and circulated in said city, and the
same shall go into effect at the expiration of thirty (30) days after its
said final passage.
INTRODUCED AND PASSED TO PRINT by the Council of the City of San Luis
Obispo at a regular meeting thereof held on the 21st day of March , 1978,
on motion of Councilman Jorgensen , seconded by Councilman Settle , and
on the following roll call vote:
AYES: Councilmen Jorgensen, Settle and Mayor Schwartz
NOES: Councilmen Petterson and Dunin
ABSENT: None
ATTEST:
C Clerk J.H. Fitzpatrick
DS:ktm 3/14/78
0 746
Approved as to form:
WENDT, MITCHELL, SINSHEIMER,
de la MOTTE & LILLEY
City Attorney
By Allen.Grimes
DS:ktm 3/14/78
Approved as to content:
59*��A City Administrative icer
�l/YL
Community D velopm q t Director
CHAPTER'2 - 'ZONING REGULATIONS
r
SECTION 9200.1. DEFINITIONS
For the purpose of these regulations, certain terms used herein.are defined
as follows: .
Accessory:
A use or structure subordinate or incidental to a permitted use or structure.
Building:
Any structure having a roof.
Director:
The Director of Community Development or his designated representative.
Drive -In Restaurant:
Any premises with off- street parking and upon which premises are located res-
taurants, eating or food establishments from which prepared food or drink,
capable of being consumed in automobiles on the premises, is sold or served
and at least some of such food is so consumed.
Commercial Recreation:
Facilities which provide for the assembly of people for the purpose of active
recreation, as a business, such as bowling alleys, billiard parlors, and skating
rinks.
Community Center:
Public or semi - public facilities for assembly and group recreational and educa-
tional activities.
Education Conference Facility:
A building or group of buildings designed to accommodate educational conferences.
Said facilities shall contain separate sleeping and meeting rooms and shall have
provisions for eating at a central dining area. The use of the facilities under
the use permit shall be limited to educational groups including conferences,
meetings, conventions, and group tours.
Entertainment:
Facilities which provide for the assembly of people for the purpose of passive
recreation, such as theaters and concert halls.
B" SIT "A""
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Height of Building:
The vertical distance from the average level of the highest and lowest point of
that portion of the lot covered by the building to the topmost point of the roof.
Home Occupation:
Gainful employment engaged in by the occupants of a dwelling, subject to the re-
quirements of Sec. 9200.16.2, entitled "Home Occupations."
Hotel /Motel:
A building or group of buildings, with or without kitchens, used primarily for
the accommodation of the traveling public.
Junk Yard:
The use of more than one hundred (100) square feet of the area of any lot for
the storage of junk, including scrap metals, salvage or other scrap materials,
or for dismantling or wrecking of automobiles or other vehicles, or machinery,
whether for sale or storage.
Lot:
A. A parcel of real property with a separate and distinct number or other desig-
nation shown on a plat recorded in the office of the County Recorder; or
B. A parcel of real property delineated on an approved map of survey, lot split
or sub - parceling map as filed in the office of the County Recorder or in
the office of the Planning Department and abutting at least one (1) public
street or right-of-way; or
C. A parcel of real property containing not less area than required by the
district in which it is located, abutting at least one (1) public street or
right -of -way or other access approved by the Planning Commission and held
under separate ownership from abutting property.
Net Acreage:
Lot area exclusive of streets, alleys and common driveways, but including utility
easements, individual private drives, yards and setback areas.
Non - conforming Lot:
A lot having less area or dimension than that required in the district in which
it is located and which was lawfully created prior to the zoning thereof, whereby
the larger area or dimension requirements were established, or any lot, other
than the one shown on a plat recorded in the Office of County'Recorder, which
does not abut a public road or public right -of -way or approved private road
right -of -way and which was lawfully created prior to August, 1966.
Private Lodges & Clubs:
A non - profit association of persons who are bona fide members paying annual dues,
which owns, hires, or leases a building, or portion thereof, the use of such
premises being restricted to members and their guests. No persons other than a
member or guest of.a member accompanied'by a member shall be permitted to use
E M9KB0T "A"
2
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any facility of any club. A building occupied by and maintained exclusively
for students affiliated with an institution of higher learning is hereby spe-
cifically excluded. If it is upon use permit approval permissible to serve
food or alcoholic beverages on the premises, such use shall be incidental to
the primary use of the building and shall comply with all applicable codes,
ordinances and laws.
Parking Space:
An accessible and useable space for the parking of automobiles off the street
which complies with the requirements of Section 9200.16.1, entitled "Parking
Regulations."
Studio Apartment:
A studio apartment shall mean an efficiency unit designed to house not more than
two (2) persons. Said units shall have not more than 275 square feet of super-
ficial floor area and shall meet the requirements of Section H- 503(b) of the
Uniform Building Code, Vol. III.
Street:
A public thoroughfare which affords access to abutting property.
Yard:
Required open area unoccupied by any structure except as permitted by this
Chapter.
Yard, Street:
That area extending along a property line adjoining any street(s) or Building
Setback Line adopted under Section 9300. (Also includes side yard on a corner
lot.)
Yard, Other:
That area extending along any property line which does not adjoin a street.
EX ralIBIT "8„
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SECTION 9200.16. GENERAL REGULATIONS
Use permits, when required, shall be obtained according to Section 9200.17.
A. USES:
1. Mineral Extraction:
Minerals, eath, and other natural materials on or in the ground may
be removed in any District, provided a use permit is approved. Grading
carried out in the normal course of building must comply with the re-
quirements of the Subdivision Regulations and the Grading Ordinance.
2. Temporary Uses:
Temporary uses for periods not exceeding two years in undeveloped areas
and six months in developed areas may be conducted, provided a use per-
mit is approved.
3. Service Stations:
Service Stations are permitted as specified in the Zoning Districts,
subject to the requirements therein and the following regulations,
provided that they may be varied by the_PlanninQ Commission to suit
individual circumstances where a use permit is required.
a. Two thousand (2000) square feet of the site to be landscaped with
trees, shrubs, and ground cover.
b. Property lines adjoining a Residential District to be screened
with a six (6) foot high visual barrier, subject to the limitations
of Subsection F. (Height Limits)
C. Street frontage between driveways to have low screen wall, fence,
hedge, or other provision to prevent cars driving on the sidewalk.
d. At least eight (8) parking spaces to be provied for customers and
staff.
e. Outdoor storage and display to be limited to one hundred (100) square
feet in area.
f. Lighting fixtures to be arranged so as not to shine directly into
an adjoining residential area or a public street.
g. Bells or other sound signals to be switched off after 10:00 p.m.
h. Design of service stations proposed in C -T and C -N Districts to
be submitted for review with the use permit application.
►►
4. Nursery:
Retail nurseries are permitted in the C -N and C -R Districts subject to
the following regulations:
a. No bulk storage of fertilizer, soil, or other loose material, ex-
cept those packaged in containers.
b. No mechanical equipment to be stored except that used for the
operation of the nursery itself.
5. Public Utilities:
a. Distribution facilities may be constructed in any District pro-
vided that exposed equipment on the ground in residential areas
on land owned or leased by the utilities, shall be screened by
means of walls, fences, or landscaping.
b. Transmission lines may be constructed in any District provided
the route is approved by the Planning Commission.
c. Other unmanned public utility structures may be erected in any
District, provided a use permit is approved by the Planning
Commission.
d. Telephone exchanges may be permitted in the PO and subsequent
Districts provided a use permit is approved by the Planning
Commission. One (1) off street parking space shall be provided
for each two (2) employees.
6. Signs:
Signs may be erected in any District subject to the limitations of
the Sign Regulations.
B. NONCONFORMING USES:
1. A lawful use existing on the effective date of these regulations which
does not conform to these regulations may be continued, except as pro-
vided in Subsection D. If such use ceases for a continuous period of
six months, any subsequent use shall conform.
2. A nonconforming use may be changed to a use of a similar or more re-
stricted nature provided that a use permit is first obtained.
3. Existing uses listed as conditionally allowed will be considered con-
forming.
C. NONCONFORMING LOTS:
1. A lot zoned residential and having.less area, width or depth than
required by the Zoning Regulations or Subdivision.Regulations may
not be developed individually in the following situations:
a. If the lot has been held in common ownership with-contiguous
property at any time since November 18, 1977 and,
b. If the lot and commonly owned, contiguous property combined meet
the requirements for subdivision into four (4) or more conforming
lots.
(Such a nonconforming lot shall be considered individually develop-
able only after being resubdivided, in conjunction with contiguous
property, into a lot which meets city standards.)
2
2. A lot zoned residential and having less area, width or depth than
required by the Zoning Regulations or Subdivision Regulations, and not
having the potential for resubdivision with commonly owned, contiguous
property (as described in l.above) -- whether or not it has been held
in common with contiguous property -- may be developed under the
following circumstances:
a. Lots with at least forty -five (45) feet of frontage, seventy -five
(75) feet of depth, and four thousand five hundred (4500) square.feet
of area, and recorded before January 17, 1955, may be developed
according to the density prescribed in the respective zones. (R -1
lots may be developed with one single - family house.) All applicable
development standards (such as coverage, yards, and parking) must
be complied with.
b. Lots with at least thirty (30) feet of frontage, fifty (50) feet of
depth, and three thousand (3000) square feet of area, and recorded
before January 17, 1955, may be developed, subject to approval of the
Architectural Review Commission, according to the density prescribed
in the respective zones. (R -1 lots may be developed with one single -
family house.) All applicable development standards must be complied
with.
C. Lots with less than thirty (30) feet of frontage, fifty (50) feet
of depth, and three thousand (3,000) square feet of area may be
developed only in conjunction with adjoining lots or used separately
for uses not involving structures (such as uncovered parking or
patios, gardens, and landscaping).
3. A lot zoned other than residential and
than required by the Zoning Regulations
be developed subject to the approval of
Commission.
D. NONCONFORMING BUILDINGS:
having less area, width or depth
or Subdivision Regulations may
a use permit by the Planning
1. A building which does not conform to these regulations (use, yards,
height, etc.) which is damaged to an extent of more than twice its
assessed value, may be restored only if made to conform.
2. Changes to interior partitions, nonstructural improvements and repairs
may be made to a nonconforming building to the extent of not more than
twice its assessed value in any period of five years.
R_ YARDS:
1. Where four (4) or more lots in a block have been improved with buildings,
the minimum required street yard for main buildings shall be the average
of the improved lots if less than the street yard requirement herein.
EXHIMT
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2. Cornices, eaves, roof overhangs, trellises, beams, and other similar roof
projections and chimneys, bay windows, patios and other similar architec-
tural projections may extend or project into required yards according to
the following chart:
Type of Yard Projection Allowed
Street One -third of the required yard to a minimum
of five (5) feet.
Other Yards Six (6) inches for each one (1) foot of
required yard.
3. Wherever a building setback line has been established, street yards shall
be measured from such line.
F. HEIGHT LIMITS:
1. Decorative features, service structures and mechanical appurtenances
may be erected in excess of height limits, provided a use permit is
approved.
2. Walls, fences and screen diagram A
planting shall .not exceed TOP OF WALL,
the following height limits: FENCE, OR
HEDGE 1
)h
a. Three (3) feet upon any ALTERNATE/
street property line o
increasing evenly to six
(6) feet at the back of
the required street yard. STREET R.G.W. pL, STREE'
(VARIES)
b. Three (3) feet within
any required yard with - diagram B
in thirty -five (35) Vi HEIGHT �.\ - --
feet of the street NOT TO \
corners of any corner EXCEED 3..'.
IN THIS AREA
lot. \
CURB
SS'•0"
C. Six (6) feet within any other required yard.
Exceptions:
1. The specified height may be exceeded in a street yard provided
a use permit is obtained.
2. A height between six (6)'and ten (10) feet may be approved by
the Director in any other yard if written approval is given by
the adjoining property owner and tenant.
Evo IMI T "BIr
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G. SUBDIVISION OF DEEP LOTS:
Large lots in an R -1 District which cannot be developed by the installation of
a standard subdivision street, either alone or in conjunction with adjoining
properties, may be. subdivided in the following manner:
1. Use permit required.
2. The original lot shall have frontage on a dedicated street of at least
. sixty (60) feet, plus the access required to potential rear lots.
3. Access to rear shall be a minimum of sixteen (16) feet of pavement in
width and shall be considered a private road fully maintained by the
property owner or owners.
4. Each lot shall have yards as required in the R -1 District. A ten (10)
foot yard shall be provided along the access road.
5. The: area of each lot, exclusive of the access road, shall comply with
the "Table of Lot Areas," as set forth in Section 9100.2(3)(a).
6. Any garage facing the access road shall be set back twenty (20) feet
from such road.
H. APPEALS:
1. Any person aggrieved by a decision made under the terms of this chapter,
may appeal as follows:
a. A staff interpretation may be appealed to the Planning Commission.
b. A decision of the Board of Adjustments may be appealed to the
Planning Commission.
C. A decision of the Planning Commission may be appealed to the City
Council.
2. Procedure:
a. Appeals, including reasons for appeal, shall be submitted in writing
and filed with the Director within ten (10) calendar days of the
decision.
b. Appeals to the Commission shall be placed on the next open agenda.
c. Appeals to the Council shall be advertised and posted as provided in
Section 9200.17.B.
3. Fee:
The fees for appeals to the Council shall be in such amounts as may be
determined from time to time by resolution of the Council.
EXHIBIT „B„
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I. DWELLING UNIT OCCUPANCY LIMIT.
A dwelling unit in any zone shall not be occupied by more than one family
and two (2) persons unrelated to the family or by more than three unrelated
persons. These limits do not apply to full time, live -in servants. A
family is defined here as persons related by blood, marriage or adoption.
The owners of the dwelling unit shall be responsible for ensuring that
this occupancy limit is not exceeded and that occupant be held liable only
if a rental agreement or contract has been entered into acknowledging the
occupancy limit.
MGIT "B"
C.1